Cancellation of Escrow Sample Clauses

Cancellation of Escrow. Notwithstanding the provisions of this Section 5, if the Escrow fails to close for any reason (other than the breach of this Agreement by one or both of the parties), the costs incurred through the Escrow, including the cost of the PTR, shall be borne equally by Buyer and Seller. Otherwise, the party who breached this Agreement first shall bear all the costs of the Escrow, including the cost of the PTR.

Cancellation of Escrow. If the escrow fails to close because of Seller's default, Seller shall be liable for all customary escrow cancellation charges. If the escrow fails to close because of Purchaser's default, Purchaser shall be liable for all customary escrow cancellation charges. If the escrow fails to close for any other reason, Seller and Purchaser shall each be liable for one-half (1/2) of all customary escrow cancellation charges.

Cancellation of Escrow. (a) If the Closing does not occur at the time and in the manner provided in this Agreement due to the failure of Seller to comply with any of its obligations under this Agreement (“Seller Default”), Buyer shall have the right, as Buyer’s sole remedy, either (i) to cancel the Escrow by written notice to Seller and Escrow Holder, in which event Seller shall reimburse Buyer for Buyer’s out-of-pocket costs and expenses incurred in connection with this Agreement and the transaction contemplated hereby (including any financing of such transaction) in an amount not to exceed $50,000.00, or (ii) to pursue an action for specific performance but only if Buyer properly files with a court of competent jurisdiction a complaint for specific performance within one hundred eighty (180) days after the scheduled Closing Date. Buyer specifically waives all other rights and remedies, including, without limitation, the right to damages. If Buyer elects to cancel the Escrow, then all title charges and costs of the Escrow shall be paid by Seller and Escrow Holder shall return to Buyer the Deposit. (b) If the Closing does not occur at the time and in the manner provided in this Agreement due to the failure of Buyer to comply with any of its obligations under this Agreement (“Buyer Default”), then, without limiting any other rights or remedies Seller and/or Operator may have as a result thereof, Seller shall have the right to cancel the Escrow by written notice to Buyer and Escrow Holder. Upon such cancellation, all title charges and costs of the Escrow shall be paid by ▇▇▇▇▇ and the Deposit shall be paid to Seller in accordance with Article 14. (c) Upon any cancellation of the Escrow, Escrow Holder shall return all instruments and documents deposited with Escrow Holder to the parties who deposited the same.

Cancellation of Escrow. If ▇▇▇▇▇▇ fails to close because of the default of either Party, the defaulting Party shall be liable for all Escrow cancellation charges. If ▇▇▇▇▇▇ fails to close for any other reason, the Parties shall equally split all Escrow cancellation charges.

Cancellation of Escrow. (i) In the event that, due to the failure of a party hereof (the “Defaulting Party”) to perform any of its material obligations hereunder, the Escrow does not close on or before the Closing Date, then the non-Defaulting Party may cancel the Escrow by written notice to the Defaulting Party and to Escrow Holder, and the Defaulting Party shall pay all cancellation fees of Escrow Holder and the Title Company. If Optionee is the Defaulting Party, Optionor’s exclusive remedy is set forth in Section 11(c) hereof (subject to the exclusions set forth in such provision). If Optionor is the Defaulting Party, Optionee’s remedies are as set forth in Section 11(b) hereof. (ii) If Optionee for any reason does not timely exercise the Option, such failure is not a default under this Agreement, and either party hereto may cancel the Escrow by written notice to the other party and Escrow Holder. In such event, Optionor and Optionee shall each pay for one-half (1/2) of the cancellation fees of Escrow Holder and the Title Company. (iii) If, for any reason, Escrow is terminated or cancelled pursuant to the terms hereof, Escrow Holder shall return to the parties delivering the same all instruments or funds, if any, which are then held by Escrow Holder in connection with Escrow.

Cancellation of Escrow. In the event that the Closing does not occur at the time and in the manner provided in this Agreement because of the default of one of the parties, the non-defaulting party has the right to cancel the Escrow by written notice to the defaulting party and to the Escrow Holder. All costs of cancellation of Escrow shall be paid by the defaulting party. If the Closing does not take place for any reason other than a default by one of the parties, the escrow cancellation costs shall be shared equally by Buyer and Seller.

Cancellation of Escrow. If the escrow fails to close because of ▇▇▇▇▇’s default, Donor shall be liable for all customary escrow cancellation charges. If the escrow fails to close because of ▇▇▇▇▇’s default, Donee shall be liable for all customary escrow cancellation charges. If the escrow fails to close for any other reason, Donor and Donee shall each be liable for one-half (1/2) of all customary escrow cancellation charges.

Cancellation of Escrow a. Any party desiring to cancel this escrow shall deliver written notice of cancellation to Escrow Holder. Within a reasonable time after receipt of such notice, Escrow Holder shall send by regular mail to the address on the escrow instructions, one copy of said notice to the other party(ies). Unless written objection to cancellation is delivered to Escrow Holder by a party within 10 days after date of mailing, Escrow Holder is authorized, at its option, to comply with the notice and terminate the escrow. If a written objection is received by Escrow Holder, Escrow Holder is authorized, at its option, to hold all funds and documents in escrow (subject to the funds held fee) and to take no other action until otherwise directed by either the parties' mutual written instructions or a final order of a court of competent jurisdiction. If no action is taken on this escrow within 6 months after the closing date specified in the escrow instructions, Escrow Holder's obligations shall, at its option, terminate. Upon termination of this escrow, the parties shall pay all fees, charges and reimbursements due to Escrow Holder and all documents and remaining funds held in escrow shall be returned to the parties depositing same. b. Notwithstanding the foregoing, upon receipt of notice of cancellation by a seller in a transaction subject to the Home Equity Sales Contract law (CC §1695 et seq.), Escrow Holder shall have the right to unilaterally cancel the escrow and may return all documents and funds without consent by or notice to the buyer.

Cancellation of Escrow. In the event that the Closing does not occur at the time and in the manner provided in this Agreement because of the default of one of the parties, the non-defaulting party has the right to cancel the Escrow by written notice to the defaulting party and to the Escrow Holder. All costs of cancellation of Escrow shall be paid by the defaulting party. If the Closing does not take place for any reason other than a default by one of the parties, the escrow cancellation costs shall be shared equally by Buyer and Seller, and Buyer shall be entitled to a return of the EMD plus accrued interest.