Common use of Buyer’s Breach Clause in Contracts

Buyer’s Breach. If Buyer defaults under this Agreement prior to Closing, Seller’s sole and exclusive remedy at law or in equity shall be to terminate this Agreement and to retain the Deposit in accordance with Sections 2.4 and 9.3. If Buyer defaults under this Agreement after Closing, Seller may, at Seller’s option, pursue all of Seller’s rights and remedies that Seller may have under this Agreement and at law; provided that Seller may not recover any consequential, exemplary, incidental, special or punitive damages resulting from Buyer’s breach of this Agreement.

Appears in 2 contracts

Samples: Loan Sale Agreement, Mortgage Loan Sale Agreement (Resource Real Estate Opportunity REIT, Inc.)

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Buyer’s Breach. If Buyer defaults under this Agreement prior to Closing, Seller’s sole and exclusive remedy at law or in equity shall be to terminate this Agreement and to retain the Deposit in accordance with Sections 2.4 and 9.3. If Buyer defaults under this Agreement after Closing, Seller may, at Seller’s 's option, pursue all of Seller’s 's rights and remedies that Seller may have under this Agreement and at law; provided that Seller may not recover any consequential, exemplary, incidental, special consequential or punitive damages resulting from Buyer’s 's breach of this the Agreement.

Appears in 1 contract

Samples: Loan Sale Agreement (Resource Real Estate Opportunity REIT, Inc.)

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Buyer’s Breach. If Buyer defaults under this Agreement prior to Closing, Seller’s sole and exclusive remedy at law or in equity shall be to terminate this Agreement and to retain the Deposit in accordance with Sections 2.4 and 9.3. If Buyer defaults under this Agreement after Closing, Seller may, at Seller’s option, pursue all of Seller’s rights and remedies that Seller may have under this Agreement and at law; provided that Seller may not recover damages in an amount in excess of the amount of the Deposit or any consequential, exemplary, incidental, special consequential or punitive damages resulting from Buyer’s breach of this the Agreement.

Appears in 1 contract

Samples: Loan Sale Agreement (KBS Strategic Opportunity REIT, Inc.)

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