Common use of Default; Specific Performance Clause in Contracts

Default; Specific Performance. If any payment or any other condition hereof is not made, tendered or performed by either the Seller or the Buyer, as herein provided, then this Contract, at the option of the party who is not in default or breach, may at that party's option, be terminated by such party, in which case the non-defaulting party may recover such damages as may be proper, or such party may require specific performance of the other herein. In the event of default by either party hereto, the defaulting party shall pay the non-defaulting party their reasonable attorneys' fees and costs necessary to enforce their rights herein, whether by litigation or otherwise, as may be incurred as a result of said default.