Default or Breach by a Seller; No Joint Liability Sample Clauses

Default or Breach by a Seller; No Joint Liability. If the sale of the Property is not consummated because of one or more Seller’s default under this Agreement, Buyer’s sole remedy shall be either one or the other of the following: (i) to specifically enforce the Sellers’ obligations to convey the Property under this Agreement, or (ii) to terminate this Agreement, upon which termination Buyer’s sole remedy against a Seller shall be the return of all of the Deposits (the Initial Deposit, the Additional Deposit and interest accrued thereon). In no event shall a Seller have any obligation or liability whatsoever to Buyer for any damages that Buyer may have sustained by reason of any Seller’s default or breach hereunder, Buyer’s remedies being limited solely and exclusively to the alternative remedies set forth above in this Section 18(b). Without limiting the foregoing, Buyer acknowledges and agrees that a Seller shall have no liability to Buyer for any consequential damages sustained by Buyer (including without limitation loss of rents and profits) under any circumstance resulting from any cause, including without limitation, the acts or omissions of any Seller or Sellers Parties. The provisions of this Section 18(b) shall survive the Close of Escrow or the termination of this Agreement. Buyer acknowledges and agrees that each individual signing this Agreement on behalf of a Seller is acting solely on behalf of the entity for which he is signing, and that such individual shall not have any personal liability under this Agreement, any recovery against a Seller hereunder being limited to such Seller’s interest in its Property. In no event shall one Seller have any liability arising from or relating to (A) the other Seller’s Property, or (B) the other Seller’s obligations or defaults under this Agreement.
Sample 1
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Default or Breach by a Seller; No Joint Liability. The liability of the Sellers is limited as set forth in Section 6.12. If the sale of the Property is not consummated because of one or more Seller’s default under this Agreement, Buyer shall be entitled to the remedies set forth in Section 4.2C above with respect to both Sellers. Buyer’s remedies being limited solely and exclusively to the alternative remedies set forth above in Section 4.2.C. The provisions of this Section 4.5 shall survive the Close of Escrow or the termination of this Agreement. Buyer acknowledges and agrees that (i) each individual signing this Agreement on behalf of a Seller is acting solely on behalf of the entity for which he is signing, and that such individual shall not have any personal liability under this Agreement, and until the Escrow Closing, any recovery against a Seller hereunder being limited to such Seller’s interest in its Property. In no event shall one Seller have any liability arising from or relating to (A) the other Seller’s Property, or (B) the other Seller’s obligations or defaults under this Agreement. Buyer agrees that no partner, member, officer, shareholder, director, trustee, beneficiary, affiliate, or representative of any Seller or any general partner or affiliate of Sellers shall have any personal liability under this Agreement or any document executed in connection with the transactions contemplated by this Agreement. This Section shall survive Escrow Closing or termination of this Agreement.
Sample 1

Related to Default or Breach by a Seller; No Joint Liability

  • Liability for Breach of Contract 1. If the parties can not continue the performance of this agreement due to either party’s breach, the breaching party shall pay the other party liquidated damages equal to 10% of all amounts payable during the performance of this agreement.

  • Our Liability for Failure to Complete Transactions If we do not properly complete a transaction from your Card on time or in the correct amount according to our Agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:

  • Breach by Seller In the event Seller shall fail to fully and timely perform any of its obligations hereunder or shall fail to consummate the sale of the Property for any reason, except Purchaser’s default, Purchaser may: (1) enforce specific performance of this Contract; or (2) request that the Escrow Deposit, if any, shall be forthwith returned by the title company to Purchaser.

  • Liability for Breach of Agreement During the term of this Agreement, any violation of any provisions herein by either party constitutes breach of contract and the breaching party shall compensate the non-breaching party for the loss incurred as a result of this breach.

  • LIABILITY FOR FAILURE TO COMPLETE TRANSACTIONS If We do not properly complete a transaction to or from Your Account according to this Agreement, We will be liable for Your losses or damages. However, We will not be liable if: (a) Your Account does not contain enough available funds to make the transaction through no fault of Ours; (b) the ATM where You are making the transfer does not have enough cash; (c) the terminal was not working properly and You knew about the breakdown when You started the transaction; (d) circumstances beyond Our control prevent the transaction despite reasonable precautions that We have taken; (e) Your Card is retrieved or retained by an ATM;

  • Liabilities for Breach of Contract If any Party to this Agreement fails to, according to the provisions of this Agreement, appropriately and fully perform its obligations, such Party shall be liable for breach of contract. Any damages and costs incurred by the non-breaching Party, due to a breach of contract by the breaching Party, shall be paid by the breaching Party to the non-breaching Party.

  • Material Breach of Contract In the event Contractor fails to deliver the product and services as contracted for herein, to the satisfaction of the City of Sparks or otherwise fails to perform any provisions of this Contract, the City, after providing five (5) days written notice and Contractor’s failure to cure such breach within the time specified in the notice, may without waiving any other remedy, make good the deficiencies and deduct the actual cost of providing alternative products and/or services from payment due the Contractor. Non-performance after the first notice of non-performance shall be considered a material breach of contract.

  • Default or Breach A default or breach may be declared with or without termination. The following shall constitute a default or breach:

  • No Misrepresentation or Breach of Covenants and Warranties There shall have been no material breach by Buyer in the performance of any of its covenants and agreements herein, and each of the representations and warranties of Buyer contained in this Agreement shall be true and correct in all material respects on the Closing Date as though made on the Closing Date. There shall have been delivered to Seller a certificate to such effect, dated the Closing Date and signed by Buyer.

  • WAIVER OF DEFAULT OR BREACH 7 Waiver by COUNTY of any default by CONTRACTOR shall not be considered a waiver of any 8 subsequent default. Waiver by COUNTY of any breach by CONTRACTOR of any provision of this 9 Agreement shall not be considered a waiver of any subsequent breach. Waiver by COUNTY of any 10 default or any breach by CONTRACTOR shall not be considered a modification of the terms of this 11 Agreement. 12 // 13 // 14 // 15 // 16 // 17 // 18 // 19 // 20 // 21 // 22 // 23 // 24 // 25 // 26 // 27 // 28 // 29 // 30 // 31 // 32 // 33 // 34 // 35 // 36 // 37 //

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