Common use of Purchaser’s Default Clause in Contracts

Purchaser’s Default. If at the time of Closing Purchaser is in default in the observance or performance of Purchaser’s obligations hereunder, then Seller shall have the right, as Seller's sole remedy, to terminate this Agreement and retain the Deposit as liquidated damages and thereafter the parties shall have no further obligations hereunder. The parties acknowledge that the aforesaid liquidated damages are reasonable and do not constitute a penalty and are being agreed upon due to the difficulty of calculating the actual amount of damages that Seller might sustain in the event of a default by Purchaser and termination of this Agreement.

Appears in 19 contracts

Sources: Purchase and Sale Agreement, Purchase and Sale Agreement, Purchase and Sale Agreement

Purchaser’s Default. If at the time Purchaser defaults on any of Closing Purchaser is in default in the observance or performance of Purchaserits obligations hereunder prior to Closing, Seller’s obligations hereunder, then Seller sole and exclusive remedy shall have the right, as Seller's sole remedy, be to terminate this Agreement by written notice to Purchaser; whereupon, Seller shall retain all ▇▇▇▇▇▇▇ Money and retain the Deposit Option Money (if any) paid by Purchaser to Seller as liquidated damages and thereafter the parties shall have no further obligations hereunder. The parties acknowledge that the aforesaid Seller may recover from Purchaser any liquidated damages are reasonable and do not constitute a penalty and are being agreed upon due to Seller as the difficulty of calculating the actual amount of damages that Seller might sustain in the event of a default by Purchaser and termination of this Agreement.date

Appears in 3 contracts

Sources: Home Purchase Agreement, Home Purchase Agreement, Home Purchase Agreement

Purchaser’s Default. If at the time of Closing Purchaser is in default in the observance or performance of Purchaser’s obligations hereunder, then Seller shall have the right, as Seller's sole remedy, to terminate this Agreement and retain the Deposit as liquidated damages and thereafter the parties shall have no further obligations hereunder, except as otherwise expressly provided in this Agreement. The parties acknowledge that the aforesaid liquidated damages are reasonable and do not constitute a penalty and are being agreed upon due to the difficulty of calculating the actual amount of damages that Seller might sustain in the event of a default by Purchaser and termination of this Agreement.

Appears in 1 contract

Sources: Purchase and Sale Agreement (Heritage Oaks Bancorp)