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.
Appears in 2 contracts
Samples: Purchase and Sale Agreement (Regency Centers Lp), Purchase and Sale Agreement (Regency Realty Corp)
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 Xxxxxxx Money Deposit, and the parties shaxx xxxx shall have 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.
Appears in 2 contracts
Samples: Purchase and Sale Agreement (Regency Realty Corp), Purchase and Sale Agreement (Regency Realty Corp)
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 xxx xxx parties shaxx xxxx shall have 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.
Appears in 1 contract
Samples: Real Estate Purchase Agreement (Regency Realty Corp)
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 axx xxx parties shaxx xxxx shall have 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.
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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 Xxxxxxx Money Deposit, and the parties shaxx xxxx shall have 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, without any reduction in the Purchase Price.
Appears in 1 contract
Samples: 9 Purchase and Sale Agreement (Regency Realty Corp)
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 and as Buyer's sole remedy (i) terminate this Agreement and receive a return of the Earnest Money Deposit, and the parties shaxx xxxx xxx xxxties shall have 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.
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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 partiex xxxxx have 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.
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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 anx xxx xarties shall have 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.
Appears in 1 contract
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 shall xxxx no xo further rights or obligations under this Agreement (except as survive termination); (ii) enforce this Agreement by suit for specific performanceperformance brought within ninety (90) days after the originally scheduled Closing Date; or (iii) waive such breach and close the purchase contemplated hereby, notwithstanding such breach.
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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 xxx xxxties shall have 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.
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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 pxxxxxx shall have 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.
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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’s obligations herein, Buyer may, at Buyer's election ’s election: (i) terminate this Agreement and receive a return of the Earnest Xxxxxxx Money Deposit, and the parties shaxx xxxx shall have no further rights or obligations under this Agreement (except as expressly survive termination); (ii) enforce this Agreement by suit for specific performanceperformance (including costs and expenses of suit, including reasonable attorney’s fees); or (iii) waive such breach and close the purchase contemplated hereby, notwithstanding such breach.
Appears in 1 contract
Samples: Agreement (Inland Western Retail Real Estate Trust Inc)
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 xxxxxxx shall have 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.
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Breach by Seller. In the event of a breach of Seller's covenants or warranties herein and the failure by of Seller to cure such breach within the time provided for prior to Closing, Buyer may, at Buyer's election and as Buyer's sole and exclusive remedy do one of the following: (i) terminate this Agreement and receive a return of the Earnest Money Deposit, and the parties shaxx xxxx shall have no further rights or rixxxx xx 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.
Appears in 1 contract
Samples: Real Estate Purchase and Sale Agreement (Avado Brands Inc)
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 Closingobligations herein, Buyer may, at Buyer's election election: (i) terminate this Agreement and receive a return of the Earnest Xxxxxxx Money Deposit, and the parties shaxx xxxx shall have no further rights or obligations under this Agreement (except as expressly survive termination); (ii) enforce this Agreement by suit for specific performanceperformance (including costs and expenses of suit, including reasonable attorney's fees); or (iii) waive such breach and close the purchase contemplated hereby, notwithstanding such breach.
Appears in 1 contract
Samples: Assignment and Assumption (Inland Diversified Real Estate Trust, Inc.)
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’s obligations herein, Buyer may, at Buyer's election ’s election: (i) terminate this Agreement and receive a return of the Earnest Xxxxxxx Money Deposit, and the parties shaxx xxxx shall have no further rights or obligations under this Agreement (except as expressly 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.
Appears in 1 contract
Samples: Real Estate Sale Agreement (Hartman Short Term Income Properties XX, Inc.)