Common use of Defaults by Seller Clause in Contracts

Defaults by Seller. If there is any default by Seller under this Agreement, following notice to Seller and seven (7) days, during which period Seller may cure the default, Buyer may, at its option, (a) declare this Agreement terminated in which case the Deposit shall be returned to Buyer or (b) treat this Agreement as being in full force and effect and bring an action against Seller for specific performance.

Appears in 7 contracts

Samples: Agreement for Purchase and Sale of Real Property and Escrow Instructions (T Reit Inc), Agreement for Purchase and Sale of Real Property and Escrow Instructions (T Reit Inc), Escrow Agreement (T Reit Inc)

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Defaults by Seller. If there is any default by Seller under this Agreement, following notice to Seller and seven (7) days, during which period Seller may cure the default, Buyer may, at its option, as it sole options elect to either (a) declare this Agreement terminated in which case the Deposit shall be returned to Buyer Buyer; or (b) treat this Agreement as being in full force and effect and bring an action against Seller for specific performance.

Appears in 4 contracts

Samples: Agreement for Purchase and Sale of Real Property and Escrow Instructions (NNN 2003 Value Fund LLC), Agreement for Purchase and Sale of Real Property and Escrow Instructions (T Reit Inc), Agreement for Purchase and Sale of Real Property and Escrow Instructions (Grubb & Ellis Co)

Defaults by Seller. If there is any default by Seller under this Agreement, following notice to Seller and seven (7) days, days thereafter during which period Seller may cure the default, Buyer may, may at its option, either (a) declare this Agreement terminated in which case the Deposit shall be returned to Buyer without any further action required from either party, and bring an action for any damages incurred by Buyer or (b) treat this the Agreement as being in full force and effect and bring an action against Seller for specific performance.

Appears in 1 contract

Samples: Agreement for Purchase and Sale of Real Property and Escrow Instructions (Grubb & Ellis Healthcare REIT, Inc.)

Defaults by Seller. If there is any default by Seller under this Agreement, following notice to Seller and seven (7) daysdays (or date of Closing, whichever is earlier), during which period Seller may cure the default, Buyer may, at its option, as it sole options elect to either (a) declare this Agreement terminated in which case the Deposit shall be returned to Buyer Buyer; or (b) treat this Agreement as being in full force and effect and bring an action against Seller for specific performance.

Appears in 1 contract

Samples: Agreement for Purchase and Sale (G Reit Inc)

Defaults by Seller. If there is any default by Seller under this Agreement, following notice to Seller and seven (7) days, during which period Seller may cure the default, Buyer may, at its option, (a) declare this Agreement terminated in which case the full Deposit shall be returned to Buyer and seek actual out of pocket damages not to exceed Fifty Thousand ($50,000); or (b) treat this Agreement as being in full force and effect and bring an action against Seller for specific performance.

Appears in 1 contract

Samples: Agreement for Purchase and Sale (T Reit Inc)

Defaults by Seller. If there is any default by Seller under this Agreement, following notice to Seller and seven (7) days, during which period Seller may cure the default, Buyer may, at its option, (a) declare this Agreement terminated in which case the Deposit shall be returned to Buyer and neither party shall have any further obligation hereunder, or (b) treat this Agreement as being in full force and effect and bring an action against Seller for specific performance.

Appears in 1 contract

Samples: Exhibit 99 (T Reit Inc)

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Defaults by Seller. If there is any default therx xx xxx xxxxxlt by Seller under this Agreement, following notice to Seller and seven (7) days, during which period Seller may cure the default, Buyer may, at its option, (a) declare this Agreement terminated in which case upon return of the Due Diligence Items the Deposit shall be returned to Buyer Buyer, or (b) treat this Agreement as being in full force and effect and bring an action against Seller for specific performance.

Appears in 1 contract

Samples: Escrow Agreement (NNN 2003 Value Fund LLC)

Defaults by Seller. If there is any material default by Seller under this Agreement, following notice to Seller and seven (7) days, during which period Seller may cure the default, Buyer may, at as its sole option, elect to either (ai) declare this Agreement terminated in which case the Deposit shall be returned to Buyer Buyer; or (bii) treat this Agreement as being in full force and effect and bring an action against Seller for specific performance.

Appears in 1 contract

Samples: Agreement for Purchase and Sale (Hartman vREIT XXI, Inc.)

Defaults by Seller. If there is any default by Seller under this Agreement, following notice to Seller and seven (7) days, during which period Seller may cure the default, Buyer may, at its option, (ai) declare this Agreement terminated terminated, in which case the Deposit shall be returned to Buyer Buyer, or (bii) treat this Agreement as being in full force and effect effect, and bring an action against Seller for specific performance.

Appears in 1 contract

Samples: Exhibit 99 (NNN 2002 Value Fund LLC)

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