Common use of DEFAULT BY EITHER PARTY Clause in Contracts

DEFAULT BY EITHER PARTY. Notwithstanding the provisions of paragraph above, if prior to Closing, either party refuses to consummate this Agreement for reasons other than as permitted by the terms of this Agreement, such refusal shall constitute a breach and default of this Agreement and the non-defaulting Party’s remedies shall be limited to the right to enforce the defaulting Party’s obligations hereunder by an action for injunction, specific performance, or other appropriate equitable remedy or for mandamus, or by an action to collect and enforce payment of sums owing hereunder, and no other remedy, and no Party shall be entitled to or claim damages for a default by the defaulting Party, including, without limitation, lost profits, economic damages, or actual, direct, incidental, consequential, punitive or exemplary damages.

DEFAULT BY EITHER PARTY. Notwithstanding the provisions of paragraph above, if prior to Closing, either party refuses to consummate this Agreement for reasons other than as permitted by the terms of this Agreement, such refusal shall constitute a breach and default of this Agreement and the non-defaulting Party’s remedies shall be limited to the right to enforce the defaulting Party’s obligations hereunder by an action for injunction, specific performance, or other appropriate equitable remedy or The password to the public access wireless network (colguest... for mandamus, or by an action to collect and enforce payment of sums owing hereunder, and no other remedy, and no Party shall be entitled to or claim damages for a default by the defaulting Party, including, without limitation, lost profits, economic damages, or actual, direct, incidental, consequential, punitive or exemplary damages.