Common use of Buyer Default Clause in Contracts

Buyer Default. If the sale contemplated hereby is not consummated because of a material default by Buyer in its obligation to purchase the Property in accordance with the terms of this Agreement, after Seller has performed or tendered performance of all of its material obligations in accordance with this Agreement, then, upon written notice from Seller to Buyer, (a) this Agreement shall terminate; (b) the Deposit shall be paid to and retained by Seller as liquidated damages; and (c) Seller and Buyer shall have no further obligations to each other, except those which expressly survive the termination of this Agreement. Buyer and Seller acknowledge that the damages to Seller in the event of such a breach of this Agreement by Buyer would be difficult or impossible to determine, that the amount of the Deposit represents the parties’ best and most accurate estimate of the damages that would be suffered by Seller if the transaction should fail to close and that such estimate is reasonable under the circumstances existing as of the date of this Agreement and under the circumstances that Seller and Buyer reasonably anticipate would exist at the time of such breach. Buyer and Seller agree that Seller’s right to retain the Deposit shall be Seller’s sole remedy, at law and in equity, for Buyer’s failure to purchase the Property in accordance with the terms of this Agreement. Seller hereby waives any right to an action for specific performance of any provisions of this Agreement.

Buyer Default. If the sale contemplated hereby is not consummated because of a material default by Buyer in its obligation to purchase the Property in accordance with the terms of this Agreement, Agreement after Seller has performed or tendered performance of all of its material obligations in accordance with this Agreement, then, upon written notice from Seller to Buyer, : (ai) this Agreement shall terminate; (bii) the Deposit shall be paid to and retained by Seller as liquidated damages; and (ciii) Seller and Buyer shall have no further obligations to each other, except those which expressly survive the termination of this Agreement. Buyer and Seller acknowledge that the damages to Seller in the event of such a breach of this Agreement by Buyer would be difficult or impossible to determine, that the amount of the Deposit represents the parties’ best and most accurate estimate of the damages that would be suffered by Seller if the transaction should fail to close and that such estimate is reasonable under the circumstances existing as of the date of this Agreement and under the circumstances that Seller and Buyer reasonably anticipate would exist at the time of such breachdefault. Buyer and Seller agree that Seller’s right to retain the Deposit shall be Seller’s sole remedy, at law and in equity, for Buyer’s failure to purchase the Property in accordance with the terms of this AgreementAgreement after Seller has performed. Seller hereby waives any right to an action for specific performance of any provisions of this Agreement.

Buyer Default. If the sale contemplated hereby is not consummated because of a material default by Buyer in its obligation to purchase the Property in accordance with the terms of this Agreement, Agreement after Seller has performed or tendered performance of all of its material obligations in accordance with this Agreement, then, upon written notice from Seller to Buyer, : (a) this Agreement shall terminate; (b) the Deposit shall be paid to and retained by Seller as liquidated damages; (c) Buyer will reimburse Seller for Seller’s actual out-of-pocket expenses incurred to perform its obligations under this Agreement (including, but not limited to, recovery of all costs and expenses and reasonable attorney’s fees incurred by Seller after the Effective Date); and (cd) Seller and Buyer shall have no further obligations to each other, other except those which expressly survive the termination of this Agreement. Buyer and Seller acknowledge that the damages to Seller in the event of such a breach of this Agreement by Buyer would be difficult or impossible to determine, that the amount of the Deposit deposit plus interest represents the parties’ best and most accurate estimate of the damages that would be suffered by Seller if the transaction should fail to close and that such estimate is reasonable under the circumstances existing as of the date of this Agreement and under the circumstances that Seller and Buyer reasonably anticipate would exist at the time of such breach. Buyer and Seller agree that Seller’s right to retain the Deposit together with any interest and earnings earned thereon shall be Seller’s sole remedy, at law and in equity, for Buyer’s failure to purchase the Property in accordance with the terms of this Agreement. Seller hereby waives any right to an action for specific performance of any provisions of this Agreement.

Buyer Default. If prior to Closing, Buyer fails to perform any of its obligations or is otherwise in default hereunder, or if the sale contemplated hereby is not consummated because of a material default by Buyer in its obligation to purchase the Property in accordance with the terms of this Agreement, after Seller has performed or tendered performance of all of its material obligations in accordance with this Agreement, then, upon written notice from Seller to Buyer, (a) Seller shall have the right, as its sole and exclusive remedy, to terminate this Agreement shall terminate; (b) and have the Deposit shall be paid to and retained by Seller as liquidated damages; and (c) . In such event Seller and Buyer shall have no further obligations to each other, other except those which expressly survive the termination of this Agreement. Buyer and Seller acknowledge that the damages to Seller in the event of such a breach of this Agreement by Buyer would be difficult or impossible to determine, that the amount of the Deposit deposit plus interest represents the parties’ best and most accurate estimate of the damages that would be suffered by Seller if the transaction should fail to close and that such estimate is reasonable under the circumstances existing as of the date of this Agreement and under the circumstances that Seller and Buyer reasonably anticipate would exist at the time of such breach. Buyer and Seller agree that Seller’s right to retain the Deposit together with any interest and earnings earned thereon shall be Seller’s sole remedy, at law and in equity, for Buyer’s failure to purchase the Property in accordance with the terms of this Agreement. Seller hereby waives any right to an action for specific performance of any provisions of this Agreement.

Buyer Default. If the sale contemplated hereby is not consummated because of a material default by Buyer in its obligation to purchase the Property in accordance with the terms of this Agreement, Agreement after Seller has performed or tendered performance of all of its material obligations in accordance with this Agreement, then, upon written notice from Seller to Buyer, : (a) this Agreement shall terminate; (b) the Deposit shall be paid to and retained by Seller as liquidated damagesSeller; and (c) Seller and Buyer shall have no further obligations to each other, other except those which expressly survive the termination of this Agreement. Buyer and Seller acknowledge that the damages to Seller in the event of such a breach of this Agreement by Buyer would be difficult or impossible to determine, that the amount of the Deposit deposit plus interest represents the parties’ best and most accurate estimate of the damages that would be suffered by Seller if the transaction should fail to close and that such estimate is reasonable under the circumstances existing as of the date of this Agreement and under the circumstances that Seller and Buyer reasonably anticipate would exist at the time of such breach. Buyer and Seller agree that Seller’s right to retain the Deposit shall be Seller’s sole remedy, at law and in equity, for Buyer’s failure to purchase the Property in accordance with the terms of this Agreement. Seller hereby waives any right to an action for specific performance of any provisions of this Agreement.

Buyer Default. If the sale contemplated hereby is not consummated because of a material default by Buyer in its obligation to purchase the Property in accordance with the terms of this Agreement, Agreement after Seller has performed or tendered performance of all of its material obligations in accordance with this Agreement, then, upon written notice from Seller to Buyer, : (a) this Agreement shall terminate; (b) the Deposit shall be paid to and retained by Seller as liquidated damagesSeller; and (c) Seller and Buyer shall have no further obligations to each other, other except those which expressly survive the termination of this Agreement. Buyer and Seller acknowledge that the damages to Seller in the event of such a breach of this Agreement by Buyer would be difficult or impossible to determine, that the amount of the Deposit deposit plus interest represents the parties’ best and most accurate estimate of the damages that would be suffered by Seller if the transaction should fail to close and that such estimate is reasonable under the circumstances existing as of the date of this Agreement and under the circumstances that Seller and Buyer reasonably anticipate would exist at the time of such breach. Buyer and Seller agree that Seller’s right to retain the Deposit together with any interest and earnings earned thereon shall be Seller’s sole remedy, at law and in equity, for Buyer’s failure to purchase the Property in accordance with the terms of this Agreement. Seller hereby waives any right to an action for specific performance of any provisions of this Agreement.

Buyer Default. If the sale contemplated hereby is not consummated because of a material default by Buyer in its obligation to purchase the Property in accordance with the terms of this Agreement, Agreement after Seller has performed or tendered performance of all of its material obligations in accordance with this Agreement, then, upon written notice from Seller to Buyer, : (ai) this Agreement shall terminate; (bii) the Deposit shall be paid to and retained by Seller as liquidated damages; and (ciii) Seller and Buyer shall have no further obligations to each other, except those which expressly survive the termination of this Agreement. Buyer and Seller acknowledge that the damages to Seller in the event of such a breach of this Agreement by Buyer would be difficult or impossible to determine, that the amount of the Deposit represents the parties’ best and most accurate estimate of the damages that would be suffered by Seller if the transaction should fail to close and that such estimate is reasonable under the circumstances existing as of the date of this Agreement and under the circumstances that Seller and Buyer reasonably anticipate would exist at the time of such breachdefault. Buyer and Seller agree that Seller’s right to retain the Deposit shall be Seller’s sole remedy, at law and in equity, for Buyer’s failure to purchase the Property in accordance with the terms of this AgreementAgreement after Seller has performed. Seller hereby waives any right to an action for specific performance of any provisions of this Agreement; provided, however, such waiver shall not apply to any indemnification obligation of Buyer or any other obligation of Buyer that otherwise survives Closing or termination of this Agreement.

Buyer Default. If the sale contemplated hereby is not consummated because of a material default by Buyer in its obligation to purchase the Property in accordance with the terms of this Agreement, Agreement after Seller has performed or tendered performance of all of its material obligations in accordance with this Agreement, then, upon written notice from Seller to Buyer, : (ai) this Agreement shall terminate; (bii) the Deposit shall be paid to and retained by Seller as liquidated damages; and (ciii) Seller and Buyer shall have no further obligations to each other, except those which expressly survive the termination of this Agreement. Buyer and Seller acknowledge that the damages to Seller in the event of such a breach of this Agreement by Buyer would be difficult or impossible to determine, that the amount of the Deposit represents the parties’ best and most accurate estimate of the damages that would be suffered by Seller if the transaction should fail to close and that such estimate is reasonable under the circumstances existing as of the date of this Agreement and under the circumstances that Seller and Buyer reasonably anticipate would exist at the time of such breachdefault. Buyer and Seller agree that Seller’s right to retain the Deposit shall be Seller’s sole (except for Buyer’s indemnity obligations in Section 3.1) remedy, at law and in equity, for Buyer’s failure to purchase the Property in accordance with the terms breach of this Agreement. Seller hereby waives any right to an action for specific performance of any provisions of this Agreement.

Buyer Default. If the sale contemplated hereby is not consummated because of a material default by Buyer in its obligation to purchase the Property in accordance with the terms of this Agreement, Agreement after Seller has performed or tendered performance of all of its material obligations in accordance with this AgreementAgreement through the date of Buyer’s default, then, upon written notice from Seller to Buyer, : (ai) this Agreement shall terminate; (bii) the Deposit shall be paid to and retained by Seller as liquidated damages; and (ciii) Seller and Buyer shall have no further obligations to each other, except those which expressly survive the termination of this Agreement. Buyer and Seller acknowledge RP / DP Initials that the damages to Seller in the event of such a breach of this Agreement by Buyer would be difficult or impossible to determine, that the amount of the Deposit represents the parties’ best and most accurate estimate of the damages that would be suffered by Seller if the transaction should fail to close and that such estimate is reasonable under the circumstances existing as of the date of this Agreement and under the circumstances that Seller and Buyer reasonably anticipate would exist at the time of such breachdefault. Buyer and Seller agree that Seller’s right to retain the Deposit shall be Seller’s sole remedy, at law and in equity, for Buyer’s failure to purchase the Property in accordance with the terms of this AgreementAgreement after Seller has performed its obligations through the date of Buyer’s default. Seller hereby waives any right to an action for specific performance of any provisions of this Agreement.

Buyer Default. If the sale contemplated hereby is not consummated because of a material default by Buyer in its obligation fails to purchase the Property in accordance with the terms of this Agreement, after Seller has performed or tendered performance of all perform any of its material obligations or is otherwise in accordance with this Agreementdefault hereunder, then, upon written notice from Seller to Buyer, : (ai) this Agreement shall terminate; (bii) the Deposit shall be paid to and retained by Seller as liquidated damagesdamages (excluding any damages related to Buyer’s indemnification obligations hereunder); and (ciii) Seller and Buyer shall have no further obligations to each other, except those which expressly survive the termination of this Agreement. Buyer and Seller acknowledge that the damages to Seller in the event of such a breach of this Agreement by Buyer would be difficult or impossible to determine, that the amount of the Deposit represents the parties’ best and most accurate estimate of the damages that would be suffered by Seller if the transaction should fail to close and that such estimate is reasonable under the circumstances existing as of the date of this Agreement and under the circumstances that Seller and Buyer reasonably anticipate would exist at the time of such breachdefault. Buyer and Seller agree that Seller’s right to retain the Deposit shall be Seller’s sole remedy, at law and in equity, for Buyer’s failure to purchase the Property in accordance with the terms of this AgreementAgreement after Seller has performed. Seller hereby waives any right to an action for specific performance of any provisions of this Agreement.

Buyer Default. If the sale contemplated hereby is not consummated because of a material default by Buyer in its obligation to purchase the Property in accordance with the terms of this Agreement, Agreement after Seller has performed or tendered performance of all of its material obligations in accordance with this Agreement, then, upon written notice from Seller to Buyer, : (ai) this Agreement shall terminate; (bii) the Deposit shall be paid to and retained by Seller as liquidated damages; and (ciii) Seller and Buyer shall have no further obligations to each other, except those which expressly survive the termination of this Agreement. Buyer and Seller acknowledge that the damages to Seller in the event of such a breach of this Agreement by Buyer would be difficult or impossible to determine, that the amount of the Deposit represents the parties’ best and most accurate estimate of the damages that would be suffered by Seller if the transaction should fail to close and that such estimate is reasonable under the circumstances existing as of the date of this Agreement and under the circumstances that Seller and Buyer reasonably anticipate would exist at the time of such breachdefault. Except for obligations that survive termination of this Agreement, Buyer and Seller agree that Seller’s right to retain the Deposit shall be Seller’s sole remedy, at law and in equity, for Buyer’s failure to purchase the Property in accordance with the terms of this AgreementAgreement after Seller has performed. Seller hereby waives any right to an action for specific performance of any provisions of this Agreement.

Buyer Default. If the sale contemplated hereby Closing is not consummated because of a material default by Buyer in its obligation due to purchase Buyer’s failure to (i) pay the Property in accordance with the terms of this Agreement, after Purchase Price to Seller has performed or tendered performance of all of its material obligations in accordance with this Agreement, then(ii) perform its other material economic obligations in connection with the purchase of the Property in accordance with this Agreement or (iii) deliver to Seller, upon or deposit in escrow with Escrow Agent, all instruments and documents required to be delivered by Buyer on the Scheduled Closing Date under this Agreement, in each case which failure is not cured within three (3) Business Days after written notice from Seller of such failure, then Seller shall be entitled to Buyerterminate this Agreement upon written notice, in which case (a) the Parties shall cause Escrow Agent to deliver the Deposit to Seller as liquidated damages for Buyer’s breach of this Agreement, it being agreed between the Parties that the actual Losses to Seller in the event of such breach are impractical to ascertain and the amount of the Deposit is a reasonable estimate thereof and (b) this Agreement shall terminate; (b) terminate and the Deposit shall be paid to and retained by Seller as liquidated damages; and (c) Seller and Buyer Parties shall have no further obligations to each otherother with respect to the Property or otherwise; provided, except those which expressly survive the termination of this Agreement. Buyer and Seller acknowledge that the damages to Seller in the event of such a breach of this Agreement by Buyer would be difficult or impossible to determinehowever, that the amount of the Deposit represents the parties’ best this Section 12.2 is intended only to liquidate and most accurate estimate of the damages that would be suffered by Seller if the transaction should fail to close and that such estimate is reasonable under the circumstances existing as of the date of this Agreement and under the circumstances that Seller and Buyer reasonably anticipate would exist at the time of such breach. Buyer and Seller agree that limit Seller’s right to retain the Deposit shall be Seller’s sole remedy, at law and in equity, for damages arising due to Buyer’s failure to purchase the Property in accordance with the terms of this Agreement. Agreement and shall not limit the obligations of Buyer or Seller hereby waives any right to an action for specific performance of any provisions that survive the termination of this Agreement.

Buyer Default. If the sale contemplated hereby is not consummated because of a material default by Buyer in its obligation to purchase the Property in accordance with the terms of this Agreement, after Seller has performed or tendered performance of all of its material obligations in accordance with this Agreement, then, upon written notice from Seller to Buyer, (a) this Agreement shall terminate; (b) the Deposit shall be paid to and retained by Seller as liquidated damages; and (c) Seller and Buyer shall have no further obligations fail to each otherconsummate this Contract for any reason, except those which expressly survive Seller's default or the termination of this Agreement. Contract pursuant to a right to terminate given herein, or defaults under any material obligation hereunder (which is not cured within five (5) business days after receipt of written notice), Buyer shall be in default hereunder, Seller, as its exclusive remedy, shall be entitled to terminate this Contract and Seller acknowledge that receive the ▇▇▇▇▇▇▇ Money as liquidated damages to Seller in for the event of such a breach of this Agreement by Buyer Contract. ▇▇▇▇▇ and Seller agree that it would be impractical and extremely difficult or impossible to determineestimate the damages which Seller may suffer as a result thereof. Therefore, ▇▇▇▇▇ and Seller do hereby agree that the amount of the Deposit represents the parties’ best and most accurate ▇▇▇▇▇▇▇ Money is a reasonable estimate of the damages total net detriment that Seller would be suffered by Seller if suffer in the transaction should fail event that Buyer breaches this Contract and fails to close and that such estimate is reasonable under complete the circumstances existing as purchase of the date Property. Upon receipt of a notice from Seller certifying that ▇▇▇▇▇ has failed to consummate this Agreement and under Contract for any reason or has breached this Contract, the circumstances that Seller and Buyer reasonably anticipate would exist at Title Company shall forward the time of such breach. Buyer and Seller agree that ▇▇▇▇▇▇▇ Money to Seller’s right to retain the Deposit shall be Seller’s sole remedy, at law and in equity, for Buyer’s failure to purchase the Property in accordance with the terms of this Agreement. Seller hereby waives any right to an action for specific performance of any provisions of this Agreement.