Specific Performance; Waiver of Damages. Seller acknowledges that the Aircraft is unique and that the award of damages to Buyer would be difficult, if not impossible to ascertain, should Seller fail or refuse to complete the sale of the Aircraft as contemplated herein. Consequently, Seller acknowledges that Buyer shall be entitled to specific performance of Seller’s obligations hereunder should Seller fail or refuse to complete the sale of the Aircraft as contemplated herein.
Specific Performance; Waiver of Damages. The Parties acknowledge and agree that specific performance is the preferred remedy available for the enforcement of this Agreement. Accordingly, both parties hereby waive the right to obtain monetary damages from the other Party by reason of default of this Agreement. Subject to the procedure set forth in Section 5.2 above, any material default by HF or the City of the Agreement that is not timely cured by HF or the City shall be deemed a material default by HF or the City of this Agreement.
