Buyer’s Breach. If Closing does not occur because Buyer wrongfully fails to tender performance at Closing or otherwise breaches this Agreement prior to Closing, and Seller is ready to close, the Escrow Agent shall disburse the Deposit to Seller, together with interest thereon, as liquidated damages. Buyer's failure to close shall not be considered wrongful if Buyer has terminated this Agreement as of right under Section 11.1. The remedy set forth herein shall be Seller's sole and exclusive remedy for Buyer's wrongful failure to close hereunder and Seller expressly waives any and all other remedies, legal and equitable, that it otherwise may have had for Buyer's wrongful failure to close.
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Samples: Joint Operating Agreement (Petroleum Development Corp), Joint Operating Agreement (Petroleum Development Corp)
Buyer’s Breach. If Closing does not occur because Buyer wrongfully fails to tender performance at Closing or otherwise breaches this Agreement prior to Closing, and Seller is ready to close, the Escrow Agent shall disburse the Deposit to Seller, together with interest thereon, as liquidated damages. Buyer's ’s failure to close shall not be considered wrongful if Buyer has validly terminated this Agreement as of right under Section 11.1. The remedy set forth herein shall be Seller's ’s sole and exclusive remedy for Buyer's ’s wrongful failure to close hereunder and Seller expressly waives any and all other remedies, legal and equitable, that it otherwise may have had for Buyer's ’s wrongful failure to close.
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Samples: Purchase and Sale Agreement (Exco Resources Inc), Purchase and Sale Agreement (Exco Resources Inc)
Buyer’s Breach. If Closing does not occur because Buyer wrongfully fails to tender performance at Closing or otherwise breaches this Agreement prior to Closing, and Seller is ready to close, Seller shall be entitled to draw the Escrow Agent shall disburse entire amount of the Deposit to Seller, together with interest thereon, Letter of Credit as liquidated damages. Buyer's ’s failure to close shall not be considered wrongful if Buyer has validly terminated this Agreement as of right under Section 11.1. The remedy set forth herein shall be Seller's ’s sole and exclusive remedy for Buyer's ’s wrongful failure to close hereunder and Seller expressly waives any and all other remedies, legal and equitable, that it otherwise may have had for Buyer's ’s wrongful failure to close.
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Buyer’s Breach. If Closing does not occur because Buyer wrongfully fails to tender performance at Closing or otherwise breaches this Agreement prior to Closing, and Seller is ready to close, the Escrow Agent Seller shall disburse be entitled to receive the Deposit to Seller, together with interest thereon, as liquidated damages. Buyer's ’s failure to close shall not be considered wrongful if Buyer has terminated this Agreement as of right under Section 11.1. The remedy set forth herein shall be Seller's ’s sole and exclusive remedy for Buyer's ’s wrongful failure to close hereunder and Seller expressly waives any and all other remedies, legal and equitable, that it otherwise may have had for Buyer's ’s wrongful failure to closeClose.
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