Failure of Conditions to Closing; Default by Seller or Buyer. In the event either Seller or Buyer defaults in the performance of any of their respective obligations to be performed prior to the Closing, other than in the case of Buyer’s termination pursuant to Sections 4.2 or 8.5(a) hereof, and other than in the case of Seller’s termination pursuant to Section 8.5(b) hereof, then the non-breaching party may elect the applicable remedies set forth in this Section 8.6, which remedies shall constitute the sole and exclusive remedies of the non-breaching party with respect to a default by the other party under this Agreement.
Appears in 6 contracts
Sources: Purchase and Sale Agreement (Excel Trust, Inc.), Purchase and Sale Agreement (Excel Trust, Inc.), Purchase and Sale Agreement (Excel Trust, Inc.)
Failure of Conditions to Closing; Default by Seller or Buyer. In the event either Seller or Buyer defaults in the performance of any of their respective obligations to be performed prior to the Closing, other than in the case of Buyer’s 's termination pursuant to Sections 4.2 or 8.5(a) hereof, and other than in the case of Seller’s 's termination pursuant to Section 8.5(b) hereof, then the non-breaching party may elect the applicable remedies set forth in this Section 8.6, which remedies shall constitute the sole and exclusive remedies of the non-breaching party with respect to a default by the other party under this Agreement.
Appears in 5 contracts
Sources: Purchase and Sale Agreement (TILT Holdings Inc.), Purchase and Sale Agreement (TILT Holdings Inc.), Purchase and Sale Agreement (Ascend Wellness Holdings, LLC)
Failure of Conditions to Closing; Default by Seller or Buyer. In the event either Seller or Buyer defaults in the performance of any of their respective obligations to be performed prior to the Closing, other than in the case of (i) Buyer’s 's termination pursuant to Sections 4.2 or 8.5(a) hereof, and other than in the case of (ii) Seller’s 's termination pursuant to Section 8.5(b) hereof, or (iii) a default under Section 6.1 or Article 7, and such default is not cured within five (5) Business Days following written notice from the non-breaching party, then the non-breaching party may elect the applicable remedies set forth in this Section 8.6, which remedies shall constitute the sole and exclusive remedies of the non-breaching party with respect to a default by the other party under this Agreement.
Appears in 1 contract
Sources: Purchase and Sale Agreement (Innovative Industrial Properties Inc)
Failure of Conditions to Closing; Default by Seller or Buyer. In the event either Seller or Buyer defaults in the performance of any of their respective obligations to be performed prior to the Closing, other than in the case of Buyer’s 's termination pursuant to Sections 4.2 or 8.5(a) hereof, and other than in the case of Seller’s 's termination pursuant to Section 8.5(b) hereof, then the non-breaching party may elect the applicable remedies set forth in this Section 8.6, which remedies shall constitute the sole and exclusive remedies of the non-non- breaching party with respect to a default by the other party under this Agreement.
Appears in 1 contract
Sources: Purchase and Sale Agreement
Failure of Conditions to Closing; Default by Seller or Buyer. In the event either Seller or Buyer defaults in the performance of any of their respective obligations to be performed prior to the Closing, other than in the case of Buyer’s ▇▇▇▇▇'s termination pursuant to Sections 4.2 or 8.5(a) hereof, and other than in the case of Seller’s 's termination pursuant to Section 8.5(b) hereof, then the non-breaching party may elect the applicable remedies set forth in this Section 8.6, which remedies shall constitute the sole and exclusive remedies of the non-breaching party with respect to a default by the other party under this Agreement.
Appears in 1 contract
Sources: Purchase and Sale Agreement