Common use of Non-Performance Clause in Contracts

Non-Performance. (a) If Seller fails to deliver the Deed or meet any of the conditions hereof willfully, Buyer, at Buyer's sole option, may terminate this Agreement whereupon the Earnest Money shall be returned to Buyer on ▇▇▇▇▇▇ or Buyer may bring an action for specific performance, and if Buyer prevails, all costs and expenses of any such action shall be paid by Seller as a reduction of the Purchase Price. The foregoing shall not prevent Buyer from bringing an action for monetary damages. The foregoing shall be the sole and exclusive remedies of Buyer. However, if Buyer elects to bring an action for monetary damages, they shall be specifically limited, if proven, to an amount equal to the Earnest Money as set forth hereinabove. (b) If Buyer defaults at any time, Seller and Buyer agree that it will be extremely difficult or impractical to fix Seller's actual damages. Therefore, in such an event, the entire Earnest Money shall be delivered to Seller ▇▇ ▇▇▇▇idated damages for loss of a bargain and not as a penalty. Buyer will then be released from all liability to Seller related to this Agreement, such liquidated damages being Seller's sole remedy.

Non-Performance. (a) If Seller fails to deliver the Deed Deed, perform its obligations hereunder, or meet any of the conditions hereof willfullyhereof, Buyer, at Buyer's sole option, may (i) terminate this Agreement whereupon the Earnest ▇▇▇▇▇▇▇ Money shall be returned to Buyer on ▇▇▇▇▇▇ demand or (ii) Buyer may bring an action for specific performance, and if Buyer prevails, all reasonable costs and expenses of any such action shall be paid by Seller as a reduction of the Purchase Price. The foregoing shall not prevent Buyer from bringing , or (iii) bring an action for monetary damages. The foregoing shall be the sole and exclusive remedies of Buyer. However, if Buyer elects to bring an action for monetary damages, they shall be specifically limited, if proven, to an amount equal to the Earnest ▇▇▇▇▇▇▇ Money on deposit as set forth hereinabove. Any damages resulting from a breach of any warranty or representation either before or after Closing shall be subject to the same limitation and aggregated with any damages for breach of this Agreement as set forth above. The foregoing sentence shall not be applicable with respect to fraud, or any material intentional misrepresentation. (b) If Buyer defaults at any time, Seller and Buyer agree that it will be extremely difficult or impractical to fix Seller's actual damages. Therefore, in such an event, the entire Earnest ▇▇▇▇▇▇▇ Money shall be delivered to Seller ▇▇ ▇▇▇▇idated as liquidated damages for loss of a bargain and not as a penalty. Buyer will then be released from all liability to Seller related to this Agreement, such liquidated damages being Seller's sole remedy.

Non-Performance. (a) If Seller fails to deliver the Deed or meet any of the conditions hereof willfully, Buyer, at Buyer's sole option, may terminate this Agreement whereupon the Earnest Money shall be returned to Buyer on demand or Buyer may bring ▇▇ ▇▇▇▇▇▇ or Buyer may bring an action on for specific performance, and if Buyer prevails, all costs and expenses of any such action shall be paid by Seller as a reduction of the Purchase Price. The foregoing shall not prevent Buyer from bringing an action for monetary damages. The foregoing shall be the sole and exclusive remedies of Buyer. However, if Buyer elects to bring an action for monetary damages, they shall be specifically limited, if proven, to an amount equal to the Earnest Money as set forth hereinabove. (b) If Buyer defaults at defa▇▇▇▇ ▇t any time, Seller and Buyer agree that it will be extremely difficult or impractical to fix Seller's actual damages. Therefore, in such an event, the entire Earnest Money shall be delivered to Seller as liquidated damages for ▇▇▇▇ ▇▇▇▇idated damages for loss of f a bargain and not as a penalty. Buyer will then be released from all liability to Seller related to this Agreement, such liquidated damages being Seller's sole remedy.

Non-Performance. (a) If Seller fails to deliver the Deed or meet any of the conditions hereof willfully, Buyer, at Buyer's sole option, may (i) terminate this Agreement whereupon the Earnest ▇▇▇▇▇▇▇ Money shall be returned to Buyer on ▇▇▇▇▇▇ demand or (ii) Buyer may bring an action for specific performance, and if Buyer prevails, all reasonable costs and expenses of any such action shall be paid by Seller as a reduction of the Purchase Price. The foregoing shall not prevent Buyer from bringing , or (iii) bring an action for monetary damages. The foregoing shall be the sole and exclusive remedies of Buyer. However, if Buyer elects to bring an action for monetary damages, they shall be specifically limited, if proven, to an amount equal to the Earnest ▇▇▇▇▇▇▇ Money on deposit as set forth hereinabove. Any damages resulting from a breach of any warranty or representation either before or after Closing shall be subject to the same limitation and aggregated with any damages for breach of this Agreement as set forth above. (b) If Buyer defaults at any time, Seller and Buyer agree that it will be extremely difficult or impractical to fix Seller's actual damages. Therefore, in such an event, the entire Earnest ▇▇▇▇▇▇▇ Money shall be delivered to Seller ▇▇ ▇▇▇▇idated as liquidated damages for loss of a bargain and not as a penalty. Buyer will then be released from all liability to Seller related to this Agreement, such liquidated damages being Seller's sole remedy.

Non-Performance. (a) If Seller fails to deliver the Deed or meet any of the conditions hereof willfully, Buyer, at Buyer's sole option, may terminate this Agreement whereupon the Earnest Money shall be returned to Buyer on ▇demand or Buyer may ▇▇▇▇▇ or Buyer may bring an ▇n action for specific performance, and if Buyer prevails, all costs and expenses of any such action shall be paid by Seller as a reduction of the Purchase Price. The foregoing shall not prevent Buyer from bringing an action for monetary damages. The foregoing shall be the sole and exclusive remedies of Buyer. However, if Buyer elects to bring an action for monetary damages, they shall be specifically limited, if proven, to an amount equal to the Earnest Money as set forth hereinabove. (b) If Buyer defaults ▇▇▇▇▇lts at any time, Seller and Buyer agree that it will be extremely difficult or impractical to fix Seller's actual damages. Therefore, in such an event, the entire Earnest Money shall be delivered to Seller as liquidated damag▇▇ ▇▇▇▇idated damages for ▇ loss of a bargain and not as a penalty. Buyer will then be released from all liability to Seller related to this Agreement, such liquidated damages being Seller's sole remedy.

Non-Performance. (a) If Seller fails to deliver the Deed or meet any of the conditions hereof willfully, Buyer, at Buyer's sole option, may terminate this Agreement whereupon the Earnest Money shall be returned to Buyer on demand or Buyer may bring ▇▇ ▇▇▇▇▇▇ or Buyer may bring an action on for specific performance, and if Buyer prevails, all costs and expenses of any such action shall be paid by Seller as a reduction of the Purchase Price. The foregoing shall not prevent Buyer from bringing an action for monetary damages. The foregoing shall be the sole and exclusive remedies of Buyer. However, if Buyer elects to bring an action for monetary damages, they shall be specifically limited, if proven, to an amount equal to the Earnest Money as set forth hereinabove. (b) If Buyer defaults at defa▇▇▇▇ ▇t any time, Seller and Buyer agree that it will be extremely difficult or impractical to fix Seller's actual damages. Therefore, in such an event, the entire Earnest Money shall be delivered to Seller ▇▇ ▇▇▇▇idated damages for loss of a bargain and not as a penalty. Buyer will then be released from all liability to Seller related to this Agreement, such liquidated damages being Seller's sole remedy.to

Non-Performance. (a) If Seller fails to deliver the Deed or meet any of the conditions hereof willfully, Buyer, at Buyer's sole option, may terminate this Agreement whereupon the Earnest ▇▇▇▇▇▇▇ Money shall be returned to Buyer on ▇▇▇▇▇▇ demand or Buyer may bring an action for specific performance, and if Buyer prevails, all costs and expenses of any such action shall be paid by Seller as a reduction of the Purchase Price. The foregoing shall not prevent Buyer from bringing an action for monetary damages. The foregoing shall be the sole and exclusive remedies of Buyer. However, if Buyer elects to bring an action for monetary damages, they shall be specifically limited, if proven, to an amount equal to the Earnest ▇▇▇▇▇▇▇ Money as set forth hereinabove. (b) If Buyer defaults at any time, Seller and Buyer agree that it will be extremely difficult or impractical to fix Seller's actual damages. Therefore, in such an event, the entire Earnest ▇▇▇▇▇▇▇ Money shall be delivered to Seller ▇▇ ▇▇▇▇idated as liquidated damages for loss of a bargain and not as a penalty. Buyer will then be released from all liability to Seller related to this Agreement, such liquidated damages being Seller's sole remedy.

Non-Performance. (a) If Seller fails to deliver the Deed or meet any of the conditions hereof willfully, Buyer, at Buyer's sole option, may (i) terminate this Agreement whereupon the Earnest Money shall be returned to Buyer on ▇t▇ ▇▇▇▇▇ on demand or (ii) Buyer may bring an action for specific performance, and if Buyer prevails, all reasonable costs and expenses of any such action shall be paid by Seller as a reduction of the Purchase Price. The foregoing shall not prevent Buyer from bringing , or (iii) bring an action for monetary damages. The foregoing shall be the sole and exclusive remedies of Buyer. However, if Buyer elects to bring an action for monetary damages, they shall be specifically limited, if proven, to an amount equal to the Earnest Money on deposit as set f▇▇▇▇ ▇▇reinabove. Any damages resulting from a breach of any warranty or representation either before or after Closing shall be subject to the same limitation and aggregated with any damages for breach of this Agreement as set forth hereinaboveabove. (b) If Buyer defaults at any time, Seller and Buyer agree that it will be extremely difficult or impractical to fix Seller's actual damages. Therefore, in such an event, the entire Earnest Money shall be delivered to Seller ▇▇ ▇▇▇▇idated er as liquidated damages for loss of a bargain and not as a penalty. Buyer will then be released from all liability to Seller related to this Agreement, such liquidated damages being Seller's sole remedy.

Non-Performance. (a) If Seller fails to deliver the Deed or meet any of the conditions hereof willfully, Buyer, at Buyer's sole option, may terminate this Agreement whereupon the Earnest Money shall be returned to Buyer on demand or Buyer may bring ▇▇ ▇▇▇▇▇▇ or Buyer may bring an action on for specific performance, and if Buyer prevails, all costs and expenses of any such action shall be paid by Seller as a reduction of the Purchase Price. The foregoing shall not prevent Buyer from bringing an action for monetary damages. The foregoing shall be the sole and exclusive remedies of Buyer. However, if Buyer elects to bring an action for monetary damages, they shall be specifically limited, if proven, to an amount equal to the Earnest Money as set forth hereinabove. (b) If Buyer defaults at any time, Seller and Buyer agree that it will be extremely difficult or impractical to fix Seller's actual damages. Therefore, in such an event, the entire Earnest Money shall be delivered to Seller as liquidated damages for ▇▇▇▇ ▇▇▇▇idated damages for loss of f a bargain and not as a penalty. Buyer will then be released from all liability to Seller related to this Agreement, such liquidated damages being Seller's sole remedy.

Non-Performance. (a) If Seller fails to deliver the Deed or meet any of the conditions hereof willfully, Buyer, at Buyer's sole option, may (i) terminate this Agreement whereupon the Earnest Money shall be returned to Buyer on ▇▇B▇▇▇▇ ▇▇ demand or (ii) Buyer may bring an action for specific performance, and if Buyer prevails, all reasonable costs and expenses of any such action shall be paid by Seller as a reduction of the Purchase Price. The foregoing shall not prevent Buyer from bringing , or (iii) bring an action for monetary damages. The foregoing shall be the sole and exclusive remedies of Buyer. However, if Buyer elects to bring an action for monetary damages, they shall be specifically limited, if proven, to an amount equal to the Earnest Money on deposit as set forth hereinabove. Any damages resulting from a breach of any warranty or representation either before or after Closing shall be subject to the same limitation and aggregated with any damages for breach of this Agreement as set forth above. (b) If Buyer defaults at any time, Seller and Buyer agree that it will be extremely difficult or impractical to fix Seller's actual damages. Therefore, in such an event, the entire Earnest Money shall be delivered to Seller ▇▇ ▇▇▇▇idated ▇▇ as liquidated damages for loss of a bargain and not as a penalty. Buyer will then be released from all liability to Seller related to this Agreement, such liquidated damages being Seller's sole remedy.