Breach by Seller. In the event Seller shall fail to fully and timely perform any of its obligations hereunder or shall fail to consummate the sale of the Property for any reason, except Purchaser’s default, Purchaser may: (1) enforce specific performance of this Contract; or (2) request that the Escrow Deposit, if any, shall be forthwith returned by the title company to Purchaser.
Breach by Seller. If Seller breaches any provision of this Order, AGILENT may terminate the whole or any part of this Order, unless Seller cures the breach within ten (10) working days after receipt of AGILENT’s notice of breach.
Breach by Seller. If Seller defaults on any provision hereof, Buyer, as a condition precedent to the exercise of its remedies or termination of this Agreement, shall be required to give Seller written notice of the same. Seller shall have 3 Business Days from the receipt of such notice to cure the default. If Seller timely cures the default, the default shall be deemed waived and this Agreement shall continue in full force and effect. If Seller fails to timely cure such default, Buyer, at Buyer’s option, either may: (i) terminate this Agreement, in which event (A) Seller shall reimburse Buyer for Buyer’s actual out-of-pocket costs and expenses (including reasonable attorneys’ fees, costs and disbursements) related to the negotiation of this Agreement and the transactions contemplated hereby and Buyer’s due diligence, up to a maximum of $50,000, (B) the Deposit, less the Independent Contract Consideration (which Escrow Agent shall deliver to Seller), shall be returned to Buyer, (C) Seller shall pay any cancellation charges of Escrow Agent and Title Company, and (D) both parties shall be discharged from all duties and performance hereunder, except for any obligations which by their terms survive any termination of this Agreement; OR (ii) pursue and obtain specific performance of Seller’s obligations hereunder (without the necessity of proving irreparable harm or posting any security), including to convey the Property as provided herein. If Buyer elects to pursue specific performance pursuant to this Section 13.1 but specific performance as contemplated in this Section 13.1 is unavailable to Buyer as a result of any action taken by Seller, Seller shall reimburse Buyer for Buyer’s direct and actual damages, including without limitation all of its out-of-pocket costs and expenses (including reasonable attorneys’ fees, costs and disbursements) related to the negotiation of this Agreement and the transactions contemplated hereby and Buyer’s due diligence.
Breach by Seller. In the event of a breach of Seller's covenants or warranties herein and failure by Seller to cure such breach within the time provided for Closing, Buyer may, at Buyer's election (i) terminate this Agreement and receive a return of the Earnest Money Deposit, and the parties shaxx xxxx no further rights or obligations under this Agreement (except as survive termination); (ii) enforce this Agreement by suit for specific performance; or (iii) waive such breach and close the purchase contemplated hereby, notwithstanding such breach.
Breach by Seller. Except as Purchaser's remedies may otherwise be expressly limited by the terms of this Agreement (including, without limitation, the terms of Section 5.4):
Breach by Seller. Subject to Section 8.3 below, in the event that Seller breaches any of its covenants, representations or warranties set forth in this Agreement, including failure by Seller to consummate this Agreement 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 shall be entitled to either (i) pursue the remedy of specific performance of Seller’s obligations under this Agreement; provided, however, that in the event specific performance for any reason is not available, then Purchaser shall be entitled to recover damages from Seller as described in Section 8.1(ii) below, or (ii) terminate this Agreement, receive a refund of the Xxxxxxx Money, and reimbursement from Seller for any and all of actual out-of-pocket expenses incurred by Purchaser or any affiliate of Purchaser in connection with this Agreement or the transaction contemplated hereby not to exceed the sum of $50,000.00.
Breach by Seller. If Seller breaches its obligations under this Agreement without cause, Buyer’s sole remedy shall be to terminate the Agreement and receive a return of the Deposit, and the parties will have no further rights or obligations under this Agreement (except those that expressly survive termination). Buyer waives any right to seek specific performance of the Agreement or to pursue any other monetary damages against Seller as set forth in this Section.
Breach by Seller. Without prejudice to the provisions of Clause 9.5 above, in the event the Seller fails and/or neglects to deliver possession of the Said Flat And Appurtenances within the Extended Period, this Agreement shall, at the option of the Buyer, stand cancelled and/or rescinded, upon which the Seller shall refund to the Buyer all payments received till that date, with interest calculated @ 12% (twelve percent) per annum. If the Buyer opts not to cancel this Agreement, then no interest shall be payable by the Seller.
Breach by Seller. If Seller breaches this Agreement, Purchaser may terminate this Agreement by giving written notice of such termination to Seller and Escrow Agent and thereupon shall be entitled to the immediate return of the Xxxxxxx Money and Purchaser and Seller shall have no further liability hereunder. In the alternative Purchaser may seek specific performance of Seller’s obligations hereunder. In no event shall Seller or any of its partners, employees, officers or directors be liable to Purchaser for any actual, punitive, speculative, consequential or other damages of any kind, except for damages related to representations, warranties, covenants and agreements which expressly survive Closing in accordance with the terms of this Agreement.
Breach by Seller. If Seller shall default in its obligations under this Agreement on or before the Closing Date, Purchaser shall have the right to elect (in its sole discretion) to either: (i) terminate this Agreement by written notice to Seller and Escrow Agent, whereupon Escrow Agent shall immediately return the Deposit to Purchaser, together with the right to assert a claim against Seller for actual, third party expenses incurred by Purchaser in furtherance of its due diligence investigations, or (ii) elect to pursue a claim against Seller for specific performance of this Agreement (including reasonable attorney fees and costs associated with any claim).
