Common use of Failure of Performance Clause in Contracts

Failure of Performance. If BUYER fails to perform this Agreement within the time specified, (including payment of all Deposits hereunder), the Deposit(s) paid by BUYER may be retained by or for the account of SELLER as agreed upon liquidated damages, consideration for the execution of this Agreement and in full settlement of any claims whereupon BUYER and SELLER shall be relieved of all obligations under this Agreement; or SELLER, at SELLER’s option, may proceed in equity to enforce SELLER’s rights under this Agreement. If, for any reason other than failure of SELLER to make SELLER’s title marketable after diligent effort, SELLER fails, neglects or refuses to perform this Agreement, BUYER may seek specific performance or elect to receive the return of BUYER’s Deposit(s) without thereby waiving any action for damages resulting from SELLER’s breach.

Failure of Performance. If the BUYER fails to perform this Agreement Contract within the time specified, (including payment of all Deposits hereunder), specified the Deposit(sdeposit(s) paid by the BUYER may be retained by or for the account of the SELLER as agreed upon liquidated damages, consideration for the execution of this Agreement Contract and in full settlement of any claims claims; whereupon BUYER and SELLER shall be relieved of all obligations under this Agreementthe Contract; or SELLER, at SELLER’s 's option, may proceed at law or in equity to enforce SELLER’s 's legal rights under this AgreementContract. If, for any reason other than that failure of SELLER to make SELLER’s 's title marketable after diligent effort, SELLER fails, neglects or refuses to perform this AgreementContract, the BUYER may seek specific performance or elect to receive the return of BUYER’s Deposit(s's deposit(s) without thereby waiving any action for or damages resulting from SELLER’s 's breach.

Failure of Performance. If BUYER Buyer fails to perform this Agreement contract within the time specified, specified (including payment payments of all Deposits hereunderdeposits), the Deposit(sdeposit(s) paid by BUYER Buyer may be retained by or for the account of SELLER the Seller as agreed upon liquidated damages, consideration for the execution of this Agreement the contract and in full settlement of any claims claims; whereupon BUYER Buyer and SELLER Seller shall be relieved of all obligations under this Agreementcontract; or SELLERof Seller, at SELLER’s Seller's option, may proceed in law or in equity to enforce SELLER’s Seller's rights under this Agreementcontract. If, for any reason other than failure of SELLER Seller to make SELLER’s Seller's title marketable after diligent effort, SELLER Seller fails, neglects or refuses to perform this AgreementContract, BUYER the Buyer may seek specific performance or elect to receive the return of BUYER’s Deposit(sXxxxx's deposit(s) without thereby waiving and agreeing to waive any action for damages resulting from SELLER’s Xxxxxx's breach.

Failure of Performance. If BUYER Buyer fails to perform this Agreement Contract within the time specified, (including payment of any and all Deposits deposits required hereunder), the Deposit(s) deposits paid by BUYER Buyer may be retained by or for the account of SELLER the Seller as agreed upon liquidated damages, consideration for the execution of this Agreement Contract, and in full settlement of any claims whereupon BUYER by Seller against Buyer; in that event, Buyer and SELLER Seller shall be relieved of all further obligations under this AgreementContract; or SELLERSeller, at SELLER’s option, Sellers option may proceed in equity to enforce SELLER’s Sellers rights under this AgreementContract. If, for any reason other than the failure of SELLER Seller to make SELLER’s Sellers title marketable after diligent effort, SELLER Seller fails, neglects or refuses refused to perform this AgreementContract, BUYER Buyer may seek specific performance or elect to receive the return of BUYER’s Deposit(s) Buyers deposits without thereby waiving any action for damages resulting from SELLER’s Sellers breach.

Failure of Performance. If BUYER Buyer fails to perform this Agreement Contract within the time specified, (including payment of all Deposits hereunderdeposit(s), the Deposit(sdeposit(s) paid by BUYER Buyer and deposit(s) agreed to be paid, may be retained by or for the account of SELLER Seller as agreed upon liquidated damages, consideration for the execution of this Agreement Contract and in full settlement of any claims claims; whereupon BUYER Buyer and SELLER Seller shall be relieved of all obligations under this AgreementContract; or SELLERSeller, at SELLER’s Seller's option, may proceed in equity to enforce SELLER’s Seller's rights under this AgreementContract. If, If for any reason other than failure of SELLER Seller to make SELLER’s Seller's title marketable after diligent effort, SELLER Seller fails, neglects or refuses to perform this AgreementContract, BUYER the Buyer may seek specific performance or elect to receive the return of BUYER’s Deposit(sBuyer's deposit(s) without thereby waiving any action for damages resulting from SELLER’s Seller's breach.

Failure of Performance. If BUYER Buyer fails to perform this Agreement Contract within the time specified, (including payment of all Deposits hereunder), the Deposit(s) Deposit paid by BUYER Buyer may be recovered and retained by or and for the account of SELLER Seller as agreed upon liquidated damages, consideration for the execution of this Agreement Contract and in full settlement of any claims whereupon BUYER claims; whereupon, Buyer and SELLER Seller shall be relieved of all further obligations under this AgreementContract; or SELLERSeller, at SELLER’s Seller's option, may proceed in equity to enforce SELLER’s Seller's rights under this AgreementContract. If, for any reason other than failure of SELLER Seller to make SELLER’s Seller's title marketable after diligent effort, SELLER Seller fails, neglects or refuses to perform this AgreementContract, BUYER Buyer may seek specific performance or elect to receive the return of BUYER’s Deposit(s) the Deposit without thereby waiving any action for damages resulting from SELLER’s Seller's breach.

Failure of Performance. If BUYER Buyer fails to perform this Agreement Contract within the time specified, (including payment of all Deposits hereunderdeposit(s), the Deposit(sdeposit(s) paid by BUYER Buyer and deposit(s) agreed to be paid, may be retained by or for the account of SELLER Seller as agreed upon liquidated damages, consideration for the execution of this Agreement Contract and in full settlement of any claims whereupon BUYER claims, whereupon, Buyer and SELLER Seller shall be relieved of all obligations under the this Agreement; Contract, or SELLERSeller, at SELLER’s Seller's option, may proceed in equity to enforce SELLER’s Seller's rights under this AgreementContract. If, If for any reason other than failure of SELLER Seller to make SELLER’s Seller's title marketable after diligent effort, SELLER Seller fails, neglects or refuses to perform this AgreementContract, BUYER the Buyer may seek specific performance or elect to receive the return of BUYER’s Deposit(sBuyer's deposit(s) without thereby waiving any action for damages resulting from SELLER’s Seller's breach.