Buyer's Remedy. Buyer acknowledges that Seller has made no representations or warranties whatsoever regarding the accuracy or completeness of the reports referenced in this Section 2. Buyer agrees that Buyer has no legal or equitable remedy or recourse against Seller and the Protected Group, with respect to any inaccuracies or errors contained in any such report or arising out of any Property defect, or other adverse condition of the Property, whether known or unknown to or concealed or unconcealed by them or any of them.
Buyer's Remedy. Except as may be otherwise expressly provided in this Agreement or in the Closing Documents, Buyer acknowledges that Seller has made no representations or warranties whatsoever regarding the accuracy or completeness of the reports referenced in this Section 2. Except as may be otherwise expressly provided in this Agreement or in the Closing Documents, Buyer agrees that Buyer has no legal or equitable remedy or recourse against Seller and the Protected Group, with respect to any inaccuracies or errors contained in any such report or arising out of any Property defect, or other adverse condition of the Property, whether known or unknown to or concealed or unconcealed by them or any of them.
Buyer's Remedy. 1. If the Buyer has fulfilled all of its obligations under this Agreement and the Seller materially breaches any of its obligations hereunder, then Buyer shall, as its sole remedy therefore, be entitled to receive the unpaid Purchase Price as liquidated damages in lieu of, and as full compensation for, all other rights or claims of the Buyer against the Seller by reason of such default.
Buyer's Remedy. If, at the Closing, any condition to the obligation of Buyer to close hereunder set forth in Section 7.2 has not been substantially satisfied, Buyer shall have the right to (i) terminate this Agreement by written notice to Seller, promptly after which Seller shall return the Deposit to Buyer, or (ii) Buyer may waive the condition and proceed to close the transaction.
Buyer's Remedy. If Seller shall fail to remove the remaining Retained Property on or before the Retained Property Removal Date, Buyer may give Seller notice thereof within ten days after the Retained Property Removal Date, and Buyer shall be entitled, but shall not be obligated, to remove and dispose of such Retained Property, at the sole cost and expense of Seller and Seller shall reimburse Buyer, promptly upon demand, for all costs reasonably incurred by Buyer in connection with the removal and disposal of the Retained Property. Seller shall not have any obligation with respect to any Retained Property not removed by the Retained Property Removal Date and not identified in a notice given by Buyer to Seller within ten days after the Retained Property Removal Date.
Buyer's Remedy. If title to the Premises is not, at settlement, insurable as set forth in subparagraph (a) of this Paragraph 4, Buyer may elect, as its sole right and remedy, either (I) to take such title to the Premises as Seller can convey, with abatement of the Purchase Price only to the extent of monetary liens of a definite, fixed and ascertainable amount not in excess of the Purchase Price, or (ii) to receive on written demand the return of the Deposit, and all interest accrued thereon, and the ordinary costs of obtaining a title report from the title Insurance Company; and upon such payments, this Agreement shall be and become null and void, neither party shall have any further rights or obligations hereunder, and all executed counterparts of this Agreement shall be returned to Seller for cancellation.
Buyer's Remedy. In the event the Sellers are in default of any of the provisions of this Agreement as of the Closing Date or thereafter, the Buyer, shall be entitled to offset any damages caused thereby first against the amount of the payment of the First Goodwill Payments, and then if such amount is in excess of the amount of such First Goodwill Payment, then against the amount of the Second Goodwill Payment, and then if such amount is in excess of the amount of the First and Second Goodwill, then against the amount of the Purchase Price, and if such amount is in excess of the Purchase Price, then Buyer shall have a claim against the Sellers.
Buyer's Remedy. Sellers’ liability relating to the Transaction shall be exclusively governed by this Agreement. Buyer’s sole and exclusive remedy for a breach of this Agreement by a Seller is to claim compensation in accordance with Section 10. This remedy shall be exclusive and it is specifically agreed that no other remedy under the Finnish Sale of Goods Act (Fi. Kauppalaki 355/1987)), pursuant to legal principles or theory or on any other grounds, including (but not limited to) the right to claim damages, withhold payments, to terminate or rescind this Agreement, shall be available to Buyer, provided, however, that the right to seek specific performance and injunction shall not be excluded in the event of a breach by a Seller.
Buyer's Remedy. If this Agreement is terminated by Buyer pursuant to Section 7.1(c), Buyer shall be entitled to have the Xxxxxxx Money Deposit returned to it within five business Days after such termination, together with an additional $50,000 in cash paid by Shareholder, as and for liquidated damages. Upon the payment of these amounts, Shareholder and Buyer shall have no further obligation or liability under this Agreement to one another.
Buyer's Remedy. Buyer’s sole and exclusive remedy for nonconforming or defective goods shall be replacement or repair of such goods by Renaissance at the original point of shipment. If installation by Renaissance, Xxxxx’s sole and exclusive remedy shall be repair of any defective performance. In all instances, Renaissance will be given the reasonable opportunity, following written notice from Buyer, to issue and implement a plan to correct any deficient performance. Renaissance must correct performance within a reasonable time, subject to existing material, production and installation lead times of Renaissance. Buyer shall take no corrective action itself or by others while Renaissance is in compliance with this paragraph. Renaissance shall not be liable for the cost of any labor or materials expended by others prior to reasonable efforts by Renaissance to correct performance. In no event shall Renaissance be liable for any special, direct, indirect, incidental or consequential damages to anyone by reason of the fact that such goods that are delayed, defective or nonconforming. RENAISSANCE SHALL NOT BE LIABLE FOR ANY OTHER COSTS, EXPENSES, CLAIMS, OR DAMAGES OF ANY KIND HOWSOEVER CAUSED, WHETHER FORESEEABLE OR NOT, INCLUDING (WITHOUT LIMITATION) ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, HOARDING, OR SPECIAL DAMAGES. RENAISSANCE CANNOT BE LIABLE FOR LIQUIDATED OR DELAY DAMAGES UNDER ANY CIRCUMSTANCES. The Buyer, by acceptance of the Quote, expressly waives any right to all such costs, expenses, claims, and damages. Liability of Renaissance is limited to the repair or replacement of the defective part and/ or installation, but never more than the original contract price. If known nonconforming goods are shipped at the direction of Buyer, Xxxxx assumes all responsibility and cost to install or retrofit goods with conforming parts to be supplied at a later date by Renaissance. GLAZING: Variations in glazing tints occur in colors, coatings, and inter layers and may vary by batch. Industry standards govern the acceptance of these variations. Monolithic glazing may cause condensation to occur on glass surface. Renaissance recommends using insulated glass to minimize condensation caused by temperature differentials. Condensation may still occur in high moisture environments, such as pool enclosures or greenhouses. CUSTOMER SUPPLIED/SPECIFIED ITEMS: All hardware and accessories supplied or requested by Buyer that are outside of Renaissance standard offerings, including custom finis...
