Common use of Buyer’s Breach Clause in Contracts

Buyer’s Breach. If Closing does not occur because Buyer wrongfully fails to tender performance at Closing or otherwise breaches this Agreement prior to Closing, and Seller is ready to close, the Escrow Agent shall disburse the Deposit to Seller, together with interest thereon, as liquidated damages. Buyer's failure to close shall not be considered wrongful if Buyer has terminated this Agreement as of right under Section 11.1. The remedy set forth herein shall be Seller's sole and exclusive remedy for Buyer's wrongful failure to close hereunder and Seller expressly waives any and all other remedies, legal and equitable, that it otherwise may have had for Buyer's wrongful failure to close.

Appears in 2 contracts

Samples: Joint Operating Agreement (Petroleum Development Corp), Joint Operating Agreement (Petroleum Development Corp)

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Buyer’s Breach. If Closing does not occur because Buyer wrongfully fails to tender performance at Closing or otherwise breaches this Agreement prior to Closing, and Seller is ready to close, the Escrow Agent Seller shall disburse retain the Deposit to Seller, together with interest thereon, and receive from Buyer an additional cash payment in the amount of $100,000.00 as liquidated damages. Buyer's ’s failure to close shall not be considered wrongful if (i) Buyer’s conditions under Section 10.2 are not satisfied through no fault of Buyer, or (ii) Buyer has terminated this Agreement as of right under Section 11.1. The remedy set forth herein shall be Seller's ’s sole and exclusive remedy for Buyer's ’s wrongful failure to close hereunder and Seller expressly waives any and all other remedies, legal and equitable, that it otherwise may have had for Buyer's ’s wrongful failure to closeClose.

Appears in 2 contracts

Samples: Purchase and Sale Agreement (Ausam Energy Corp), Purchase and Sale Agreement (Ausam Energy Corp)

Buyer’s Breach. If Closing does not occur because Buyer wrongfully fails to tender performance at Closing or otherwise breaches this Agreement prior to Closing, and Seller is ready to close, Seller shall retain the Escrow Agent shall disburse the Deposit to SellerDeposit, together with interest thereon, as liquidated damages. Buyer's ’s failure to close shall not be considered wrongful if Buyer has validly terminated this Agreement as of right under Section 11.1. The remedy set forth herein shall be Seller's ’s sole and exclusive remedy for Buyer's ’s wrongful failure to close hereunder and Seller expressly waives any and all other remedies, legal and equitable, that it otherwise may have had for Buyer's ’s wrongful failure to close.

Appears in 2 contracts

Samples: Purchase and Sale Agreement (Exco Resources Inc), Purchase and Sale Agreement (Linn Energy, LLC)

Buyer’s Breach. If Closing does not occur because Buyer wrongfully fails to tender performance at Closing or otherwise breaches this Agreement prior to Closing, and Seller is ready to close, the Escrow Agent shall disburse the Deposit to Seller, together with interest thereon, as liquidated damages. Buyer's ’s failure to close shall not be considered wrongful if Buyer has validly terminated this Agreement as of right under Section 11.1. The remedy set forth herein shall be Seller's ’s sole and exclusive remedy for Buyer's ’s wrongful failure to close hereunder and Seller expressly waives any and all other remedies, legal and equitable, that it otherwise may have had for Buyer's ’s wrongful failure to close.

Appears in 2 contracts

Samples: Purchase and Sale Agreement (Exco Resources Inc), Purchase and Sale Agreement (Exco Resources Inc)

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Buyer’s Breach. If Closing does not occur because Buyer wrongfully fails to tender performance at Closing or otherwise breaches this Agreement prior to Closing, and Seller is ready to close, Seller shall be entitled to draw the Escrow Agent shall disburse entire amount of the Deposit to Seller, together with interest thereon, Letter of Credit as liquidated damages. Buyer's ’s failure to close shall not be considered wrongful if Buyer has validly terminated this Agreement as of right under Section 11.1. The remedy set forth herein shall be Seller's ’s sole and exclusive remedy for Buyer's ’s wrongful failure to close hereunder and Seller expressly waives any and all other remedies, legal and equitable, that it otherwise may have had for Buyer's ’s wrongful failure to close.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Exco Resources Inc)

Buyer’s Breach. If Closing does not occur because Buyer wrongfully fails to tender performance at Closing or otherwise breaches this Agreement prior to Closing, and Seller is ready to close, the Escrow Agent Seller shall disburse be entitled to receive the Deposit to Seller, together with interest thereon, as liquidated damages. Buyer's ’s failure to close shall not be considered wrongful if Buyer has terminated this Agreement as of right under Section 11.1. The remedy set forth herein shall be Seller's ’s sole and exclusive remedy for Buyer's ’s wrongful failure to close hereunder and Seller expressly waives any and all other remedies, legal and equitable, that it otherwise may have had for Buyer's ’s wrongful failure to closeClose.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Teton Energy Corp)

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