Common use of BREACH BY PURCHASER Clause in Contracts

BREACH BY PURCHASER. (a) If Purchaser fails to comply with Section 7 of this Agreement, Seller may terminate this Agreement and thereupon shall be entitled to the Earnxxx Xxxey as liquidated damages (and not as a penalty) and as Seller's sole remedy and relief hereunder (except for the Surviving Obligations). Seller and Purchaser have made this provision for liquidated damages because it would be difficult to calculate, on the date hereof, the amount of actual damages for such breach, and Seller and Purchaser agree that these sums represent reasonable compensation to Seller for such breach.

Appears in 3 contracts

Samples: Purchase and Sale Agreement (Murray Income Properties Ii LTD), Purchase and Sale Agreement (Murray Income Properties I LTD), Purchase and Sale Agreement (Murray Income Properties I LTD)

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BREACH BY PURCHASER. (a) If Purchaser fails to comply with Section 7 any of the terms, conditions or obligations of this Agreement, Seller may terminate this Agreement and thereupon shall be entitled to the Earnxxx Xxxey Xxxxxxx Money as liquidated damages (and not as a penalty) and as Seller's sole remedy and relief hereunder (except for the Surviving Obligations). Seller and Purchaser have made this provision for liquidated damages because it would be difficult to calculate, on the date hereof, the amount of actual damages for such breach, and Seller and Purchaser agree that these sums represent reasonable compensation to Seller for such breach.

Appears in 2 contracts

Samples: Purchase and Sale Agreement (Behringer Harvard Short Term Opportunity Fund I Lp), Purchase and Sale Agreement (Behringer Harvard Short Term Opportunity Fund I Lp)

BREACH BY PURCHASER. (a) If Purchaser fails to comply with Section 7 of breaches this Agreement, Seller may may, as Seller's sole remedy and relief hereunder, either (a) terminate this Agreement and thereupon shall be entitled to the Earnxxx Xxxey and the Option Money together with all interest accrued thereon, if any, as liquidated damages (and not as a penalty) and as Seller's sole remedy and relief hereunder or (except for the Surviving Obligations)b) enforce specific performance of this Agreement. Seller and Purchaser have made this provision for liquidated damages because it would be difficult to calculate, calculate on the date hereof, hereof the amount of actual damages for such breach, and Seller and Purchaser agree that these sums represent reasonable compensation to Seller for such breach.

Appears in 1 contract

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

BREACH BY PURCHASER. (a) If Purchaser fails to comply with Section 7 any of the terms, conditions or obligations of this Agreement, Seller may terminate this Agreement and thereupon shall be entitled to the Earnxxx Xxxey Xxxxxxx Money as liquidated damages (and not as a penalty) and as Seller's ’s sole remedy and relief hereunder (except for the Surviving Obligations). Seller and Purchaser have made this provision for liquidated damages because it would be difficult to calculate, on the date hereof, the amount of actual damages for such breach, and Seller and Purchaser agree that these sums represent reasonable compensation to Seller for such breach.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Resource Apartment REIT III, Inc.)

BREACH BY PURCHASER. (a) If Purchaser fails to comply with Section 7 any of the terms, conditions or obligations of this Agreement, Seller may terminate this Agreement and thereupon shall be entitled to the Earnxxx Xxxey Exxxxxx Money as liquidated damages (and not as a penalty) and as Seller's ’s sole remedy and relief hereunder (except for the Surviving Obligations). Seller and Purchaser have made this provision for liquidated damages because it would be difficult to calculate, on the date hereof, the amount of actual damages for such breach, and Seller and Purchaser agree that these sums represent reasonable compensation to Seller for such breach.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Resource Real Estate Investors 7, L.P.)

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BREACH BY PURCHASER. (a) If Purchaser fails to comply with Section 7 any provision of this AgreementAgreement other than Section 3.3, Seller may terminate this Agreement and thereupon shall be entitled to the Earnxxx Xxxey xxx for One Hundred Thousand Dollars ($100,000) as liquidated damages (and not as a penalty) and as Seller's sole remedy and relief hereunder (except for the Surviving Obligations). Seller and Purchaser have made this provision for liquidated damages because bacause it would be difficult to calculate, on the date hereof, the amount of actual damages for such breach, and Seller and Purchaser agree that these sums represent reasonable compensation to Seller for such breach.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Cornerstone Realty Income Trust Inc)

BREACH BY PURCHASER. (a) If Purchaser fails to comply with Section 7 of this Agreement, Seller may terminate this Agreement and thereupon shall be entitled to the Earnxxx Xxxey Termination Option Payment as liquidated damages (and not as a penalty) and as Seller's sole remedy and relief hereunder (except for the Surviving Obligations). Seller and Purchaser have made this provision for liquidated damages because it would be difficult to calculate, on the date hereof, the amount of actual damages for such breach, and Seller and Purchaser agree that these sums represent reasonable compensation to Seller for such breach.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Murray Income Properties Ii LTD)

BREACH BY PURCHASER. (a) If Purchaser fails to comply with Section 7 6 of this Agreement, Seller may terminate this Agreement and thereupon shall be entitled to the Earnxxx Xxxey Xxxxxxx Money and Additional Deposit, if any, as liquidated damages (and not as a penalty) and as Seller's sole remedy and relief hereunder at law or in equity (except for the Surviving Obligations). Seller and Purchaser have made this provision for liquidated damages because it would be difficult to calculate, on the date hereof, the amount of actual damages for such breach, and Seller and Purchaser agree that these sums represent reasonable compensation to Seller for such breach.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Grove Property Trust)

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