Default by Donor Clause Samples
Default by Donor. In the event Closing does not occur due to default of Donor, Donee shall have the right to bring an action for specific performance, damages and any other remedies available at law or in equity. In seeking any equitable remedies, Donee shall not be required to prove or establish that Donee does not have an adequate remedy at law. Donor hereby waives the requirement of any such proof and acknowledges that ▇▇▇▇▇ would not have an adequate remedy at law for ▇▇▇▇▇'s breach of this Agreement.
Default by Donor. In the event Donor fails to close on the Property pursuant to the terms of this Agreement or in the event Donor otherwise breaches any term of this Agreement, and after the receipt by Donor of written notice from Donee with respect to such default and the expiration of a ten-day period in which Donor may effect a cure, then Donee may either (i) seek to specifically enforce performance of Donor’s obligations under this Agreement; (ii) terminate this Agreement by delivery of written notice thereof to Donor. DRAFT
Default by Donor