Common use of Termination Damages Clause in Contracts

Termination Damages. (a) If this Agreement is terminated by Seller as provided in Section 13.01(b), then Seller shall retain the Deposit as liquidated damages on account of such termination, which remedy upon such a termination by Seller shall be the sole and exclusive remedy available to Seller. Buyer and Seller acknowledge and agree that (i) Seller's actual damages upon such a termination are difficult to ascertain with any certainty, (ii) that the Deposit is a reasonable estimate of such actual damages and (iii) such liquidated damages do not constitute a penalty.

Termination Damages. (a) If this Agreement is terminated by Seller as provided in Section 13.01(b), then Seller shall retain the Deposit as liquidated damages on account of such termination, which remedy upon such a termination by Seller shall be the sole and exclusive remedy available to Seller. Buyer and Seller acknowledge and agree that (i) Seller's ’s actual damages upon such a termination are difficult to ascertain with any certainty, (ii) that the Deposit is a reasonable estimate of such actual damages and (iii) such liquidated damages do not constitute a penalty.

Termination Damages. (a) If this Agreement is terminated by Seller as due to a material breach of this Agreement by Xxxxx, and provided that Seller is not then in Section 13.01(b)material breach of this Agreement, then Seller shall retain be entitled to receive the Deposit as liquidated damages on account of such termination, which remedy upon such a termination by Seller shall be the sole and exclusive remedy available to Seller. In such event, Buyer and Seller shall instruct Escrow Agent to deliver the Deposit and all interest thereon to Seller. Xxxxx and Xxxxxx acknowledge and agree that (i) Seller's actual damages upon such a termination are difficult to ascertain with any certainty, (ii) that the Deposit is a reasonable estimate of such actual damages and (iii) such liquidated damages do not constitute a penalty.that

Termination Damages. (a) If Without limiting Section 13.02(a), if this Agreement is terminated by Seller as provided in Section 13.01(b)) based upon Buyer wrongfully failing to tender performance at Closing, then Seller Buyer shall retain cause the Deposit to be delivered to Seller within three (3) Business Days following such termination as liquidated damages on account of such termination, which remedy upon such a termination by Seller shall be the sole and exclusive remedy available to Seller. Buyer and Seller acknowledge and agree that (i) Seller's ’s actual damages upon such a termination are would be difficult to ascertain with any certainty, (ii) that the Deposit is a reasonable estimate of such actual damages damages, and (iii) such liquidated damages do not constitute a penalty.

Termination Damages. (a) If this Agreement is terminated by Seller as provided in Section 13.01(b) (but only in connection with Sections 9.01 and 9.02), then Seller shall retain the Deposit as liquidated damages on account of such termination, which remedy upon such a termination by Seller shall be the sole and exclusive remedy available to Seller. Buyer and Seller acknowledge and agree that (i) Seller's ’s actual damages upon such a termination are difficult to ascertain with any certainty, (ii) that the Deposit is a reasonable estimate of such actual damages and (iii) such liquidated damages do not constitute a penalty.

Termination Damages. (a) If this Agreement is terminated by Seller as provided in Section 13.01(b), then Seller shall retain the Deposit as liquidated damages on account of such termination, which remedy upon such a termination by Seller shall be the sole and exclusive remedy available to Seller. Buyer Xxxxx and Seller acknowledge and agree that (i) Seller's ’s actual damages upon such a termination are difficult to ascertain with any certainty, (ii) that the Deposit is a reasonable estimate of such actual damages and (iii) such liquidated damages do not constitute a penalty.

Termination Damages. (a) If this Agreement is terminated by Seller as provided in Section 13.01(b), then Seller shall retain the Deposit as liquidated damages on account of such termination, which remedy upon such a termination by Seller shall be the sole and exclusive remedy available to Seller. Buyer Xxxxx and Seller acknowledge and agree that (i) Seller's actual damages upon such a termination are difficult to ascertain with any certainty, (ii) that the Deposit is a reasonable estimate of such actual damages and (iii) such liquidated damages do not constitute a penalty.

Termination Damages. (a) If Sellers exercise their option to terminate this Agreement is terminated by Seller as provided in pursuant to Section 13.01(b11.01(h) or Section 11.01(i), then Seller Sellers shall be entitled to retain the Deposit Deposit, as liquidated damages (“Sellers’ Damage Amount”), on account of such termination, which remedy upon such a termination by Seller shall be Buyer’s failure to perform its obligations under this Agreement and consummate the sole and exclusive remedy available to SellerClosing. Buyer and Seller Sellers acknowledge and agree that (i) Seller's Sellers’ actual damages upon the event of such a termination are difficult to ascertain with any certainty, (ii) that the Deposit Sellers’ Damage Amount is a reasonable estimate of such actual damages and (iii) such liquidated damages do not constitute a penalty.