Failure of Conditions to Closing; Default by Seller or Buyer. In the event either Seller or Buyer shall fail to perform any of the material covenants and agreements contained herein to be performed by such Party prior to Closing, then the non-breaching Party may elect the applicable following 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 occurring prior to Closing.
Appears in 2 contracts
Sources: Purchase and Sale Agreement (Pacific Office Properties Trust, Inc.), Purchase and Sale Agreement (Pacific Office Properties Trust, Inc.)