Common use of Failure of Performance Clause in Contracts

Failure of Performance. If Buyer fails to perform this contract within the time specified (including payments of all deposits), the deposit(s) paid by Buyer may be retained by or for the account of the Seller as agreed upon liquidated damages, consideration for the execution of the contract and in full settlement of any claims; whereupon Buyer and Seller shall be relieved of all obligations under contract; of Seller, at Seller's option, may proceed in law or in equity to enforce Seller's rights under this contract. If, for any reason other than failure of Seller to make Seller's title marketable after diligent effort, Seller fails, neglects or refuses to perform this Contract, the Buyer may seek receive the return of ▇▇▇▇▇'s deposit(s) and agreeing to waive any action for damages resulting from ▇▇▇▇▇▇'s breach.

Failure of Performance. If Buyer the BUYER fails to perform this contract Contract within the time specified (including payments of all deposits), the deposit(s) paid by Buyer the BUYER may be retained by or for the account of the Seller SELLER as agreed upon liquidated damages, consideration for the execution of the contract this Contract and in full settlement of any claims; whereupon Buyer BUYER and Seller SELLER shall be relieved of all obligations under contractthe Contract; of Selleror SELLER, at SellerSELLER's option, may proceed in at law or in equity to enforce SellerSELLER's legal rights under this contractContract. If, for any reason other than that failure of Seller SELLER to make SellerSELLER's title marketable after diligent effort, Seller SELLER fails, neglects or refuses to perform this Contract, the Buyer BUYER may seek specific performance or elect to receive the return of ▇▇▇▇▇BUYER's deposit(s) and agreeing to waive without thereby waiving any action for or damages resulting from ▇▇▇▇▇▇SELLER's breach.

Failure of Performance. If Buyer BUYER fails to perform this contract Agreement within the time specified specified, (including payments payment of all depositsDeposits hereunder), the deposit(sDeposit(s) paid by Buyer BUYER may be retained by or for the account of the Seller SELLER as agreed upon liquidated damages, consideration for the execution of the contract this Agreement and in full settlement of any claims; claims whereupon Buyer BUYER and Seller SELLER shall be relieved of all obligations under contractthis Agreement; of Selleror SELLER, at Seller's SELLER’s option, may proceed in law or in equity to enforce Seller's SELLER’s rights under this contractAgreement. If, for any reason other than failure of Seller SELLER to make Seller's SELLER’s title marketable after diligent effort, Seller SELLER fails, neglects or refuses to perform this ContractAgreement, the Buyer BUYER may seek specific performance or elect to receive the return of ▇▇▇▇▇'s deposit(sBUYER’s Deposit(s) and agreeing to waive without thereby waiving any action for damages resulting from ▇▇▇▇▇▇'s SELLER’s breach.

Failure of Performance. If Buyer fails to perform this contract Contract within the time specified (specified, including payments payment of all deposits), the deposit(s) deposits paid by Buyer may be retained by or for the account of the Seller as agreed upon liquidated damages, consideration for the execution of the contract this Contract and in full settlement of any claims; whereupon whereupon, Buyer and Seller shall be relieved of all obligations under contract; of this Contract, or Seller, at Seller's option, may proceed in law or in equity to enforce Seller's rights under this contractContract. If, for any reason other than failure of Seller to make Seller's title marketable after diligent effort, Seller failsfail, neglects neglect or refuses refuse to perform this Contract, the Buyer may seek specific performance or elect to receive the return of ▇▇▇▇▇Buyer's deposit(s) and agreeing to waive deposits without thereby waiving any action for damages resulting from ▇▇▇▇▇▇Seller's breach.

Failure of Performance. If Buyer fails to perform this contract Contract within the time specified (including payments of all deposits)specified, the deposit(s) Deposit paid by Buyer may be recovered and retained by or and for the account of the Seller as agreed upon liquidated damages, consideration for the execution of the contract this Contract and in full settlement of any claims; whereupon whereupon, Buyer and Seller shall be relieved of all further obligations under contractthis Contract; of or Seller, at Seller's option, may proceed in law or in equity to enforce Seller's rights under this contractContract. If, for any reason other than failure of Seller to make Seller's title marketable after diligent effort, Seller fails, neglects or refuses to perform this Contract, the Buyer may seek specific performance or elect to receive the return of ▇▇▇▇▇'s deposit(s) and agreeing to waive the Deposit without thereby waiving any action for damages resulting from ▇▇▇▇▇▇Seller's breach.