Common use of Breach by Seller Clause in Contracts

Breach by Seller. If Seller breaches this Agreement, Purchaser may, as Purchaser's sole and exclusive remedy hereunder, either (a) terminate this Agreement and thereupon shall be entitled to the immediate return of the Earnxxx Xxxey, or (b) enforce specific performance of this Agreement. In no event shall Seller be liable to Purchaser for any actual, punitive, speculative, consequential or other damages of any kind.

Appears in 2 contracts

Samples: Purchase and Sale Agreement (Southern Community Bancorp), Purchase and Sale Agreement (Citizens Bancshares of Southwest Florida Inc)

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Breach by Seller. If Seller breaches this Agreement, Purchaser may, as Purchaser's sole and exclusive remedy hereunder, either (a) may terminate this Agreement and thereupon shall be entitled to the immediate return of the Earnxxx Xxxey, or (b) enforce specific performance of this Agreementtogether with all accrued interest thereon, as its sole and exclusive remedy and relief thereunder. In no event shall Seller be liable to Purchaser for any actual, punitive, speculative, consequential or other damages of any kinddamages.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Summit Bank Corp)

Breach by Seller. If Seller breaches this Agreement, Purchaser may, as Purchaser's sole and exclusive remedy hereunder, either (a) terminate this Agreement and thereupon shall be entitled to the immediate return of the Earnxxx XxxeyXxxey and the Option Money, or (b) enforce specific performance of this Agreementtogether with all accrued interest thereon. In no event shall Seller be liable to Purchaser for any actual, punitive, speculative, consequential or other damages of any kinddamages.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Peoples Community Capital Corp)

Breach by Seller. If Seller breaches this Agreement, Purchaser may, as Purchaser's sole and exclusive remedy hereunder, either (a) may terminate this Agreement and thereupon shall be entitled to the immediate return of the Earnxxx XxxeyExxxxxx Money, together with all accrued interest thereon (less the Independent Consideration) or (b) enforce seek specific performance of this AgreementAgreement as its sole and exclusive remedy and relief hereunder. In no event shall Seller be liable to Purchaser for any actual, punitive, speculative, consequential or other damages of any kinddamages.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Athenahealth Inc)

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Breach by Seller. If In the event that Seller breaches shall fail to consummate this AgreementAgreement for any reason except Purchaser's default or a termination of this Agreement by Purchaser or Seller pursuant to a right to do so under the provisions hereof, Purchaser mayPurchaser, as Purchaser's its sole and exclusive remedy hereunderremedy, either (a) may terminate this Agreement and thereupon shall be entitled to the immediate return of the Earnxxx Xxxeypursue Seller for actual damages; provided, or (b) enforce specific performance of this Agreement. In however, in no event shall Seller be liable to Purchaser for any actual, punitive, speculative, consequential or other damages of any kind.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Continental Circuits Corp)

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