Common use of Performance Deposit Clause in Contracts

Performance Deposit. On or before 4:00 o'clock p.m., local time, August 23, 1996, BUYER shall tender to SELLER, by wire transfer, a performance deposit in the amount of Twenty Thousand and 00/100 Dollars ($20,000.00). The performance deposit is received solely to assure the performance of BUYER pursuant to the terms and conditions hereof. The performance deposit will be returned to BUYER at Closing upon consummation of the transaction, or at BUYER'S election, may be credited to the Purchase Price. No interest shall be paid or credited to the performance deposit. If BUYER fails, refuses, or is unable to close the sale in accordance with the terms herein, by October 1, 1996, SELLER, except as otherwise herein specifically provided, shall retain Five Thousand and 00/100 Dollars ($5,000.00) of the performance deposit as agreed liquidated damages and not as a penalty. If SELLER, through no fault of BUYER, refuses to close the sale in accordance with the terms herein, the balance of the performance deposit shall be returned to BUYER.

Appears in 1 contract

Sources: Purchase and Sale Agreement (Maynard Oil Co)

Performance Deposit. On or before 4:00 o'clock p.m., local time, August 23September 13, 1996, BUYER Buyer shall tender to SELLERSeller, by wire transfer, a performance deposit in the amount of Twenty Fifty Six Thousand and 00/100 Dollars Ninety Six DOLLARS ($20,000.0056,096.00). The performance deposit is received solely to assure the performance of BUYER Buyer pursuant to the terms and conditions hereof. The performance deposit will be returned to BUYER Buyer at Closing Closing, upon consummation of the transaction, or at BUYER'S Buyer's election, may be credited to the Preliminary Purchase Price. No interest shall be paid or credited to the performance deposit. If BUYER Buyer fails, refuses, or is unable to close the sale in accordance with the terms herein, by October 1, 1996, SELLERSeller, except as otherwise herein specifically provided, shall may, at its option, retain Five Thousand and 00/100 Dollars ($5,000.00) of the performance deposit as agreed liquidated damages and not as a penalty. If SELLERSeller, through no fault of BUYERBuyer, refuses to close the sale in accordance with the terms herein, the balance of the performance deposit shall be returned to BUYERBuyer.

Appears in 1 contract

Sources: Purchase and Sale Agreement (Maynard Oil Co)

Performance Deposit. On or before 4:00 o'clock p.m., local time, August 2320, 1996, BUYER shall tender to SELLER, by wire transfer, a performance deposit in the amount of Twenty Forty Four Thousand Four Hundred Forty Four and 00/100 40/100 Dollars ($20,000.0044,444.40). The performance deposit is received solely to assure the performance of BUYER pursuant to the terms and conditions hereof. The performance deposit will be returned to BUYER at Closing upon consummation of the transaction, or at BUYER'S election, may be credited to the Purchase Price. No interest shall be paid or credited to the performance deposit. If BUYER fails, refuses, or is unable to close the sale in accordance with the terms herein, by October 1, 1996, SELLER, except as otherwise herein specifically provided, shall may, at its option, retain Five Thousand and 00/100 Dollars ($5,000.00) of the performance deposit as agreed liquidated damages and not as a penalty. If SELLER, through no fault of BUYER, refuses to close the sale in accordance with the terms herein, the balance of the performance deposit shall be returned to BUYER.

Appears in 1 contract

Sources: Purchase and Sale Agreement (Maynard Oil Co)

Performance Deposit. On or before 4:00 o'clock p.m., local time, August 23March 29, 1996, BUYER Buyer shall tender to SELLERSeller, by wire transfer, a performance deposit in the amount of Twenty One Hundred Thirty Eight Thousand and 00/100 Dollars ($20,000.00138,000.00). The performance deposit is received solely to assure the performance of BUYER Buyer pursuant to the terms and conditions hereof. The performance deposit will be returned to BUYER Buyer at Closing upon consummation of the transaction, or at BUYER'S Buyer's election, may be credited to the Purchase Price. No interest shall be paid or credited to the performance deposit. If BUYER Buyer fails, refuses, or is unable to close the sale in accordance with the terms herein, by October 1, 1996, SELLERSeller, except as otherwise herein specifically provided, shall may, at its option, retain Five Thousand and 00/100 Dollars ($5,000.00) of the performance deposit as agreed liquidated damages and not as a penalty. If SELLERSeller, through no fault of BUYERBuyer, refuses to close the sale in accordance with the terms herein, the balance of the performance deposit shall be returned to BUYERBuyer.

Appears in 1 contract

Sources: Purchase and Sale Agreement (Maynard Oil Co)