Common use of Remedies for Default Clause in Contracts

Remedies for Default. (a) In the event of the Purchaser’s default, material breach or material misrepresentation of any fact under the terms of this Agreement, the Seller, at its option, may retain the ▇▇▇▇▇▇▇ money deposit and any other funds then paid by the Purchaser as liquidated damages and/or invoke any other remedy available to Seller at law and/or equity and the Seller is automatically released from the obligation to sell the Property to the Purchaser and neither the Seller nor its representatives, agents, attorneys, successors, or assigns shall be liable to the Purchaser for any damages of any kind as a result of the Seller's failure to sell and convey the Property. (b) In the event of the Seller’s default or material breach under the terms of the Agreement or if the Seller terminates the Agreement as provided under the provisions of ▇▇▇▇▇▇▇▇▇ ▇▇ (▇), (▇), (▇), (▇), (▇), (▇), (▇) or (j) of this Addendum, the Purchaser shall be entitled to the return of the ▇▇▇▇▇▇▇ money deposit as Purchaser’s sole and exclusive remedy at law and/or equity. The Purchaser waives any rights to file and maintain an action against the Seller for specific performance and the Purchaser acknowledges that a return of its ▇▇▇▇▇▇▇ money deposit can adequately and fairly compensate the Purchaser. Upon return of the ▇▇▇▇▇▇▇ money deposit to the Purchaser, this Agreement shall be terminated, and the Purchaser and the Seller shall have no further liability or obligation, each to the other in connection with this Agreement. (c) The Purchaser agrees that the Seller shall not be liable to the Purchaser for any special, consequential or punitive damages whatsoever, whether in contract, tort (including negligence and strict liability) or any other legal or equitable principle, including but not limited to any cost or expense incurred by the Purchaser in selling or surrendering a lease on a prior residence, obtaining other living accommodations, moving, storage or relocation expenses or any other such expense or cost arising from or related to this Agreement or a breach of this Agreement. (d) Any consent by any party to, or waiver of, a breach by the other, whether express or implied, shall not constitute consent to, waiver of, or excuse for any different or subsequent breach. (e) In the event either party elects to exercise its remedies as described in this Section 19 of this Addendum and this Agreement is terminated, the parties shall have no further obligation under this Agreement except as to any provision that survives the termination of this Agreement pursuant to Section 24 of this Addendum.

Remedies for Default. (a) In the event of the Purchaser’s default, material breach or material misrepresentation of any fact under the terms of this Agreement, the Seller, at its option, may retain the ▇▇▇▇▇▇▇ money deposit and any other funds then paid by the Purchaser as liquidated damages and/or invoke any other remedy available to Seller at law and/or equity expressly set out in this Agreement and the Seller is automatically released from the obligation to sell the Property to the Purchaser and neither the Seller nor its representatives, agents, attorneys, successors, or assigns shall be liable to the Purchaser for any damages of any kind as a result of the Seller's failure to sell and convey the Property. (b) In the event of the Seller’s default or material breach under the terms of the this Agreement or if the Seller terminates the this Agreement as provided under the provisions of ▇▇▇▇▇▇▇▇▇ ▇▇ (▇), (▇), (▇), (▇), (▇), (▇), (▇) or (j) of this AddendumAgreement, the Purchaser shall be entitled to the return of the ▇▇▇▇▇▇▇ money deposit as Purchaser’s sole and exclusive remedy at law and/or equity. Any reference to a return of the Purchaser’s ▇▇▇▇▇▇▇ money deposit contained in the Agreement shall mean a return of the ▇▇▇▇▇▇▇ money deposit less any escrow cancellation fees applicable to the Purchaser under this Agreement and less fees and costs payable for services and products provided during escrow at the Purchaser’s request. The Purchaser waives any rights to file and maintain an action against claims that the Seller for specific performance Property is unique and the Purchaser acknowledges that a return of its ▇▇▇▇▇▇▇ money deposit can adequately and fairly compensate the Purchaser. Upon return of the ▇▇▇▇▇▇▇ money deposit to the Purchaser, this Agreement shall be terminated, and the Purchaser and the Seller shall have no further liability or liability, no further obligation, and no further responsibility each to the other and the Purchaser and the Seller shall be released from any further obligation each to the other in connection with this Agreement. (c) The Purchaser agrees that the Seller shall not be liable to the Purchaser for any special, consequential or punitive damages whatsoever, whether in contract, tort (including negligence and strict liability) or any other legal or equitable principle, including but not limited to any cost or expense incurred by the Purchaser in selling or surrendering a lease on a prior residence, obtaining other living accommodations, moving, storage or relocation expenses or any other such expense or cost arising from or related to this Agreement or a breach of this Agreement. (d) Any consent by any party to, or waiver of, a breach by the other, whether express or implied, shall not constitute consent to, waiver of, or excuse for any different or subsequent breach. (e) In the event either party elects to exercise its remedies as described in this Section 19 of this Addendum and this Agreement is terminated, the parties shall have no further obligation under this Agreement except as to any provision that survives the termination of this Agreement pursuant to Section 24 of this Addendum.

Remedies for Default. (a) In the event of the Purchaser’s default, material breach or material misrepresentation of any fact under the terms of this Agreement, the Seller, at its option, may retain the ▇▇▇▇▇▇▇ money deposit and any other funds then paid by the Purchaser as liquidated damages and/or invoke any other remedy available to Seller at law and/or equity and the Seller is automatically released from the obligation to sell the Property to the Purchaser and neither the Seller nor its representatives, agents, attorneys, successors, or assigns shall be liable to the Purchaser for any damages of any kind as a result of the Seller's failure to sell and convey the Property. (b) In the event of the Seller’s default or material breach under the terms of the Agreement or if the Seller terminates the Agreement as provided under the provisions of ▇▇▇▇▇▇▇▇▇ ▇▇ Section19 (▇a), (▇b), (▇c), (▇d), (▇e), (▇f), (▇i) or or (j) of this Addendumcontract, the Purchaser shall be entitled to the return of the ▇▇▇▇▇▇▇ money deposit as Purchaser’s sole and exclusive remedy at law and/or equity. The Purchaser waives any rights to file and maintain an action against the Seller for specific performance and the Purchaser acknowledges that a return of its ▇▇▇▇▇▇▇ money deposit can adequately and fairly compensate the Purchaser. Upon return of the ▇▇▇▇▇▇▇ money deposit to the Purchaser, this Agreement shall be terminated, and the Purchaser and the Seller shall have no further liability or obligation, each to the other in connection with this Agreement. (c) The Purchaser agrees that the Seller shall not be liable to the Purchaser for any special, consequential or punitive damages whatsoever, whether in contract, tort (including negligence and strict liability) or any other legal or equitable principle, including but not limited to any cost or expense incurred by the Purchaser in selling or surrendering a lease on a prior residence, obtaining other living accommodations, moving, storage or relocation expenses or any other such expense or cost arising from or related to this Agreement or a breach of this Agreement. (d) Any consent by any party to, or waiver of, a breach by the other, whether express or implied, shall not constitute consent to, waiver of, or excuse for any different or subsequent breach. (e) In the event either party elects to exercise its remedies as described in this Section 19 of this Addendum and this Agreement is terminated, the parties shall have no further obligation under this Agreement except as to any provision that survives the termination of this Agreement pursuant to Section 24 of this Addendum.

Remedies for Default. (a) In the event of the Purchaser’s 's default, material breach or material misrepresentation of any fact under the terms of this Agreement, the Seller, at its option, may retain the ▇▇▇▇▇▇▇ money deposit and any other funds then paid by the Purchaser as liquidated damages and/or invoke any other remedy available to Seller at law and/or equity and the Seller is automatically released from the obligation to sell the Property to the Purchaser and neither the Seller nor its representatives, agents, attorneys, successors, or assigns shall be liable to the Purchaser for any damages of any kind as a result of the Seller's failure to sell and convey the Property. (b) In the event of the Seller’s 's default or material breach under the terms of the Agreement or if the Seller terminates the Agreement as provided under the provisions of ▇▇▇▇▇▇▇▇▇ ▇▇ (▇), (▇), (▇), (▇), (▇), (▇), (▇) or (j) of this Addendum, the Purchaser shall be entitled to the return of the ▇▇▇▇▇▇▇ money deposit as Purchaser’s 's sole and exclusive remedy at law and/or equity. The Purchaser waives any rights to file and maintain an action against the Seller for specific performance and the Purchaser acknowledges that a return of its ▇▇▇▇▇▇▇ money deposit can adequately and fairly compensate the Purchaser. Upon return of the ▇▇▇▇▇▇▇ money deposit to the Purchaser, this Agreement shall be terminated, and the Purchaser and the Seller shall have no further liability or obligation, each to the other in connection with this Agreement. (c) The Purchaser agrees that the Seller shall not be liable to the Purchaser for any special, consequential or punitive damages whatsoever, whether in contract, tort (including negligence and strict liability) or any other legal or equitable principle, including but not limited to any cost or expense incurred by the Purchaser in selling or surrendering a lease on a prior residence, obtaining other living accommodations, moving, storage or relocation expenses or any other such expense or cost arising from or related to this Agreement or a breach of this Agreement. (d) Any consent by any party to, or waiver of, a breach by the other, whether express or implied, shall not constitute consent to, waiver of, or excuse for any different or subsequent breach. (e) In the event either party elects to exercise its remedies as described in this Section 19 of this Addendum and this Agreement is terminated, the parties shall have no further obligation under this Agreement except as to any provision that survives the termination of this Agreement pursuant to Section 24 of this Addendum.

Remedies for Default. (a) In the event of the PurchaserBuyer’s default, material breach or material misrepresentation of any fact under the terms of this the Agreement, the Seller, at its option, may retain the ▇▇▇▇▇▇▇ money deposit and any other funds then paid by the Purchaser Buyer as liquidated damages and/or invoke any other remedy available to Seller at law and/or equity or expressly set out in the Agreement, and the Seller is automatically released from the obligation to sell the Property to the Purchaser Buyer and neither the Seller nor its representatives, agents, attorneys, successors, or assigns shall be liable to the Purchaser Buyer for any damages of any kind as a result of the Seller's ’s failure to sell and convey the Property. (b) In the event of the Seller’s default or material breach under the terms of the Agreement or if it the Seller terminates the Agreement as provided under the provisions of ▇▇▇▇▇▇▇▇▇ ▇▇ (▇), (▇), (▇), (▇), (▇), (▇), (▇) or (j) of this Addendumthe Agreement, the Purchaser Buyer shall be entitled to the return of the ▇▇▇▇▇▇▇ money deposit as Purchaser▇▇▇▇▇’s sole and exclusive remedy at law and/or equity. Any reference to a return of the Buyer’s ▇▇▇▇▇▇▇ money deposit contained in the Agreement shall mean a return of the ▇▇▇▇▇▇▇ money deposit, less any escrow cancellation fees applicable to the Buyer under the Agreement and less fees and costs payable for services and products provided during escrow at the Buyer’s request. The Purchaser Buyer waives any rights to file and maintain an action against claims that the Seller for specific performance Property is unique and the Purchaser Buyer acknowledges and agrees that a return of its ▇▇▇▇▇▇▇ money deposit can adequately and fairly compensate compensates the PurchaserBuyer. Upon return of the ▇▇▇▇▇▇▇ money deposit to the PurchaserBuyer under this Section 23 (b), this the Agreement shall be terminated, and the Purchaser Buyer and the Seller shall have no further liability or liability, no further obligation, and no further responsibility each to the other and the Buyer and the Seller shall be released from any further obligation each to the other in connection with this the Agreement. (c) The Purchaser Buyer agrees that the Seller shall not be liable to the Purchaser Buyer for any special, consequential consequential, or punitive damages whatsoever, whether in contract, tort (including negligence and strict liability) ), or any other legal or equitable principle, including including, but not limited to to, any cost or expense incurred by the Purchaser Buyer in selling or surrendering a lease on a prior residence, obtaining other living accommodations, moving, storage or relocation expenses expenses, or any other such expense or cost arising from from, or related to this to, the Agreement or a breach of this the Agreement. (d) Any consent by any party to, or waiver of, a breach by the other, whether express or implied, shall not constitute consent to, waiver of, or excuse for for, any different or subsequent breach. (e) In the event either party elects to exercise its remedies as described in this Section 19 of this Addendum 24 and this the Agreement is terminated, the parties shall have no further obligation under this Agreement the Agreement, except as to any provision that survives the termination of this the Agreement pursuant to Section 24 29 of this Addendum.

Remedies for Default. (a) In the event If Buyer fails to perform any of the Purchaser’s defaultmaterial covenants, terms and conditions hereof and Seller has complied with the material breach or material misrepresentation of any fact under the covenants, terms and conditions of this Agreement, Seller shall receive the Deposit paid and agreed to be paid and all interest earned thereon, together with the Inspection Documents, so long as Seller pays for one-half (1/2) of the cost of such Inspection Documents, as liquidated damages as and for its sole remedy hereunder and thereafter, this Agreement shall be deemed to be terminated and of no force and effect, except for the provisions of SECTION 12.2, SECTION 21, SECTION 24 and the indemnification provisions of SECTION 10 hereof and any other provisions which expressly survive termination. Seller waives all other remedies it may have against Buyer at law or in equity. Buyer acknowledges that Seller will take certain actions, forego opportunities and incur expenses related to and arising out of Seller's obligations and duties as contained in this Agreement. Buyer further acknowledges, having been carefully advised by counsel at the time of the execution of this Agreement, that the Deposit paid, and agreed to be paid, to Seller pursuant to the provisions hereof, represents a reasonable endeavor by the parties to ascertain that said sums would be the minimal damages suffered by Seller in the event of a default or breach hereof by Buyer. If Seller fails to perform any of the covenants hereof prior to Closing, Buyer may, at its option, if it is not in default hereunder, elect any one of the following as Buyer's sole and exclusive remedy: (i) terminate this Agreement and receive the Deposit and all interest earned thereon, if any; or (ii) pursue the remedy of specific performance; and Buyer waives all other remedies it may retain the ▇▇▇▇▇▇▇ money deposit and any other funds then paid by the Purchaser as liquidated damages and/or invoke any other remedy available to have against Seller at law and/or or in equity and in connection with the foregoing. If, after Closing, Seller is automatically released from the obligation fails to sell the Property to the Purchaser and neither the Seller nor its representatives, agents, attorneys, successors, or assigns shall be liable to the Purchaser for perform any damages of any kind as a result of the Seller's failure to sell and convey the Property. (b) In the event of the Seller’s default or material breach under the terms of the Agreement or if the Seller terminates the Agreement covenants hereof that specifically survive Closing, then Buyer, as provided under the provisions of ▇▇▇▇▇▇▇▇▇ ▇▇ (▇), (▇), (▇), (▇), (▇), (▇), (▇) or (j) of this Addendum, the Purchaser shall be entitled to the return of the ▇▇▇▇▇▇▇ money deposit as Purchaser’s its sole and exclusive remedy at law and/or equity. The Purchaser waives any rights remedy, shall have the right to file and maintain an action against the seek damages from Seller for specific performance such failure, except that Buyer hereby waives and the Purchaser acknowledges that a return of its ▇▇▇▇▇▇▇ money deposit can adequately and fairly compensate the Purchaser. Upon return of the ▇▇▇▇▇▇▇ money deposit to the Purchaser, this Agreement shall be terminated, and the Purchaser and the Seller shall have no further liability or obligation, each right to the other in connection with this Agreement. (c) The Purchaser agrees that the Seller shall not be liable to the Purchaser for any specialseek indirect, consequential or punitive damages whatsoever, whether in contract, tort (including negligence and strict liability) or any other legal or equitable principle, including but not limited to any cost or expense incurred by the Purchaser in selling or surrendering a lease on a prior residence, obtaining other living accommodations, moving, storage or relocation expenses or any other such expense or cost arising from or related to this Agreement or a breach of this Agreementagainst Seller. (d) Any consent by any party to, or waiver of, a breach by the other, whether express or implied, shall not constitute consent to, waiver of, or excuse for any different or subsequent breach. (e) In the event either party elects to exercise its remedies as described in this Section 19 of this Addendum and this Agreement is terminated, the parties shall have no further obligation under this Agreement except as to any provision that survives the termination of this Agreement pursuant to Section 24 of this Addendum.

Remedies for Default. (a) In the event of the Purchaser’s default, material breach or material misrepresentation of any fact under the terms of this Agreement, the Seller, at its option, may retain the ▇▇▇▇▇▇▇ money deposit and any other funds then paid by the Purchaser as liquidated damages and/or invoke any other remedy available to Seller at law and/or equity and the Seller is automatically released from the obligation to sell the Property to the Purchaser and neither the Seller nor its representatives, agents, attorneys, successors, or assigns shall be liable to the Purchaser for any damages of any kind as a result of the Seller's failure to sell and convey the Property. (b) In the event of the Seller’s default or material breach under the terms of the Agreement or if the Seller terminates the Agreement as provided under the provisions of ▇▇▇▇▇▇▇▇▇ ▇▇ Paragraph 18 (▇a), (▇b), (▇c), (▇d), (▇e), (▇f), (▇i) or (j) of this Addendum, the Purchaser shall be entitled to the return of the ▇▇▇▇▇▇▇ money deposit as Purchaser’s sole and exclusive remedy at law and/or equity. The Purchaser waives any rights to file and maintain an action against the Seller for specific performance and the Purchaser acknowledges that a return of its ▇▇▇▇▇▇▇ money deposit can adequately and fairly compensate the Purchaser. Upon return of the ▇▇▇▇▇▇▇ money deposit to the Purchaser, this Agreement shall be terminated, and the Purchaser and the Seller shall have no further liability or obligation, each to the other in connection with this Agreement. (c) The Purchaser agrees that the Seller shall not be liable to the Purchaser for any special, consequential or punitive damages whatsoever, whether in contract, tort (including negligence and strict liability) or any other legal or equitable principle, including but not limited to any cost or expense incurred by the Purchaser in selling or surrendering a lease on a prior residence, obtaining other living accommodations, moving, storage or relocation expenses or any other such expense or cost arising from or related to this Agreement or a breach of this Agreement. (d) Any consent by any party to, or waiver of, a breach by the other, whether express or implied, shall not constitute consent to, waiver of, or excuse for any different or subsequent breach. (e) In the event either party elects to exercise its remedies as described in this Section 19 of this Addendum and this Agreement is terminated, the parties shall have no further obligation under this Agreement except as to any provision that survives the termination of this Agreement pursuant to Section 24 of this Addendum.

Remedies for Default. (a) a. In the event of the Purchaser’s Buyers default, material breach or material misrepresentation of any fact under the terms of this Agreement, the Seller, at its option, may retain the ▇▇▇▇▇▇▇ money deposit and any other funds then paid by the Purchaser Buyer as liquidated damages and/or and or invoke any other remedy available to Seller at law and/or and or equity and the Seller is automatically released from the obligation to sell the Property to the Purchaser Buyer and neither the Seller nor no its representativesrepresentative, agents, attorneys, successors, successors or assigns shall be liable to the Purchaser Buyer for any damages of any kind as a result of the Seller's Sellers failure to sell and convey the Property. (b) b. In the event of the Seller’s Sellers default or material breach under the terms of the Agreement or if the Seller terminates the Agreement as provided under the provisions of ▇▇▇▇▇▇▇▇▇ ▇▇ (▇), (▇), (▇), (▇), (▇), (▇), (▇) or (j) of this Addendum, the Purchaser Buyer shall be entitled to the return of the ▇▇▇▇▇▇▇ money deposit as Purchaser’s Buyers sole and exclusive remedy at law and/or and or equity. The Purchaser Buyers waives any rights to file and maintain an action against the Seller for specific performance and the Purchaser Buyer acknowledges that a return of its ▇▇▇▇▇▇▇ money deposit can adequately and fairly compensate the PurchaserBuyer. Upon return of the ▇▇▇▇▇▇▇ money deposit to the PurchaserBuyer, this Agreement shall be terminated, and the Purchaser Buyer and the Seller shall have no further liability or obligation, each to the other in connection with this Agreement.. SAMPLE (c) c. The Purchaser Buyer agrees that the Seller shall not be liable to the Purchaser Buyer for any special, consequential or punitive damages whatsoever, whether in contract, tort (including negligence and strict liability) or any other legal or equitable principle, including but not limited to any cost or expense incurred by the Purchaser Buyer in selling or surrendering a lease on a prior residence, obtaining other living accommodations, moving, storage or relocation expenses or any other such expense or cost arising from or related to this Agreement or a breach of this Agreement. (d) d. Any consent by any party to, or waiver of, a breach by the other, whether express or implied, shall not constitute consent to, waiver of, or excuse for any different or subsequent breach. (e) e. In the event either party elects to exercise its remedies as described in this Section 19 of this Addendum and or this Agreement is terminated, the parties shall have no further obligation under this Agreement except as to any provision that survives the termination of this Agreement pursuant to Section 24 of this AddendumAgreement.

Remedies for Default. (a) In the event of the Purchaser’s 's default, material breach or material misrepresentation of any fact under the terms of this Agreement, the Seller, at its option, may retain the ▇▇▇▇▇▇▇ money deposit and any other funds then paid by the Purchaser as liquidated damages and/or invoke any other remedy available to Seller at law and/or equity and the Seller is automatically released from the obligation to sell the Property to the Purchaser and neither the Seller nor its representatives, agents, attorneys, successors, or assigns shall be liable to the Purchaser for any damages of any kind as a result of the Seller's failure to sell and convey the Property. (b) In the event of the Seller’s 's default or material breach under the terms of the Agreement or if the Seller terminates the Agreement as provided under the provisions of ▇▇▇▇▇▇▇▇▇ ▇▇ Paragraph 18 (▇a), (▇b), (▇c), (▇d), (▇e), (▇f), (▇i) or (j) of this Addendum, the Purchaser shall be entitled to the return of the ▇▇▇▇▇▇▇ money deposit as Purchaser’s 's sole and exclusive remedy at law and/or equity. The Purchaser waives any rights to file and maintain an action against the Seller for specific performance and the Purchaser acknowledges that a return of its ▇▇▇▇▇▇▇ money deposit can adequately and fairly compensate the Purchaser. Upon return of the ▇▇▇▇▇▇▇ money deposit to the Purchaser, this Agreement shall be terminated, and the Purchaser and the Seller shall have no further liability or obligation, each to the other in connection with this Agreement. (c) The Purchaser agrees that the Seller shall not be liable to the Purchaser for any special, consequential or punitive damages whatsoever, whether in contract, tort (including negligence and strict liability) or any other legal or equitable principle, including but not limited to any cost or expense incurred by the Purchaser in selling or surrendering a lease on a prior residence, obtaining other living accommodations, moving, storage or relocation expenses or any other such expense or cost arising from or related to this Agreement or a breach of this Agreement. (d) Any consent by any party to, or waiver of, a breach by the other, whether express or implied, shall not constitute consent to, waiver of, or excuse for any different or subsequent breach. (e) In the event either party elects to exercise its remedies as described in this Section 19 of this Addendum and this Agreement is terminated, the parties shall have no further obligation under this Agreement except as to any provision that survives the termination of this Agreement pursuant to Section 24 of this Addendum.

Remedies for Default. (a) In the event of the Purchaser’s default, material breach or material misrepresentation of any fact under the terms of this the Agreement, the Seller, at its option, may retain the ▇▇▇▇▇▇▇ money deposit and any other funds then paid by the Purchaser as liquidated damages and/or invoke any other remedy available to Seller at law and/or equity expressly set forth in the Agreement (or allowed for by law) and the Seller is automatically released from the obligation to sell the Property to the Purchaser and neither the Seller nor its representatives, agents, attorneys, successors, successors or assigns shall be liable to the Purchaser for any damages of any kind as a result of the Seller's ’s failure to sell and convey the Property. (b) In . Purchaser acknowledges and agrees that by signing this addendum, seller shall have the event of right to retain or seek the Seller’s default or material breach under the terms of the Agreement or if the Seller terminates the Agreement as provided under the provisions of ▇▇▇▇▇▇▇▇▇ ▇▇ (▇), (▇), (▇), (▇), (▇), (▇), (▇) or (j) of this Addendum, the Purchaser shall be entitled to the return release of the ▇▇▇▇▇▇▇ money deposit as Purchaserunder this Section, without any further action, consent or document from purchaser. Seller’s sole agents, representatives, attorneys, closing offices and exclusive remedy at law and/or equity. The Purchaser waives any rights to file their successors and maintain an action against the Seller for specific performance and the Purchaser acknowledges that a return of its assigns are hereby authorized by ▇▇▇▇▇▇▇ money deposit can adequately and fairly compensate the Purchaser. Upon return of ▇▇▇’s signature on this contract to release the ▇▇▇▇▇▇▇ money deposit or other such funds to Seller at Seller’s request without any further written authorization or notification. Purchaser shall hold harmless and indemnify such agents, attorneys, closing offices, and their successors or assigns for any costs incurred whatsoever, relating to the Purchaserdisbursement of such funds, this Agreement shall be terminated, including court costs and the Purchaser and the Seller shall have no further liability or obligation, each to the other in connection with this Agreement. (c) The actual attorney fees. Purchaser agrees that the Seller shall not be liable to the Purchaser for any special, consequential or punitive damages whatsoever, whether in contract, tort (including negligence and strict liability) or any other legal or equitable principle, including but not limited to any cost or expense incurred by the . Purchaser acknowledges that in selling or surrendering a lease on a prior residence, obtaining other living accommodations, moving, storage or relocation expenses or any other such expense or cost arising from or related to this Agreement or a breach of this Agreement. (d) Any consent by any party to, or waiver of, a breach by the other, whether express or implied, shall not constitute consent to, waiver of, or excuse for any different or subsequent breach. (e) In the event either party elects of termination of the Agreement, return of Purchaser’s ▇▇▇▇▇▇▇ Money can adequately and fairly compensate Purchaser. Upon return of the ▇▇▇▇▇▇▇ Money to exercise its remedies as described in this Section 19 of this Addendum and this Purchaser, the Agreement is shall be terminated, the parties and Purchaser and Seller shall have no further obligation liability, obligation, or responsibility to each other. Seller shall only be in default under this the Agreement except if Purchaser delivers written notice to Seller detailing the default and Seller fails to cure such default within 20 days of receipt of such written notice (or such longer period of time as may be necessary, provided that Seller diligently pursues such cure). If Seller is in default hereunder or if Seller terminates the Agreement as provided under the provisions of thereof, Purchaser shall be entitled to any provision that survives the termination return of this Agreement pursuant to Section 24 of this Addendumthe ▇▇▇▇▇▇▇ Money as Purchaser’s sole and exclusive remedy at law or in equity.

Remedies for Default. (a) In the event of the Purchaser’s default, material breach or material misrepresentation of any fact under the terms of this Agreement, the Seller, at its option, may retain the ▇▇▇▇▇▇▇ money deposit and any other funds then paid by the Purchaser as liquidated damages and/or invoke any other remedy available to Seller at law and/or equity and the Seller is automatically released from the obligation to sell the Property to the Purchaser and neither the Seller nor its representatives, agents, attorneys, successors, or assigns shall be liable to the Purchaser for any damages of any kind as a result of the Seller's failure to sell and convey the Property. (b) In the event of the Seller’s default or material breach under the terms of the Agreement or if the Seller terminates the Agreement as provided under the provisions of ▇▇▇▇▇▇▇▇▇ ▇▇ Section19 (▇a), (▇b), (▇c), (▇d), (▇e), (▇f), (▇i) or SAMPLE (j) of this Addendumcontract, the Purchaser shall be entitled to the return of the ▇▇▇▇▇▇▇ money deposit as Purchaser’s sole and exclusive remedy at law and/or equity. The Purchaser waives any rights to file and maintain an action against the Seller for specific performance and the Purchaser acknowledges that a return of its ▇▇▇▇▇▇▇ money deposit can adequately and fairly compensate the Purchaser. Upon return of the ▇▇▇▇▇▇▇ money deposit to the Purchaser, this Agreement shall be terminated, and the Purchaser and the Seller shall have no further liability or obligation, each to the other in connection with this Agreement. (c) The Purchaser agrees that the Seller shall not be liable to the Purchaser for any special, consequential or punitive damages whatsoever, whether in contract, tort (including negligence and strict liability) or any other legal or equitable principle, including but not limited to any cost or expense incurred by the Purchaser in selling or surrendering a lease on a prior residence, obtaining other living accommodations, moving, storage or relocation expenses or any other such expense or cost arising from or related to this Agreement or a breach of this Agreement. (d) Any consent by any party to, or waiver of, a breach by the other, whether express or implied, shall not constitute consent to, waiver of, or excuse for any different or subsequent breach. (e) In the event either party elects to exercise its remedies as described in this Section 19 of this Addendum and this Agreement is terminated, the parties shall have no further obligation under this Agreement except as to any provision that survives the termination of this Agreement pursuant to Section 24 of this Addendum.

Remedies for Default. (a) a. In the event of the Purchaser’s default, material breach or material misrepresentation of any fact under the terms of this Agreement, the Seller, at its option, may retain the ▇▇▇▇▇▇▇ money deposit and any other funds then paid by the Purchaser as liquidated damages and/or invoke any other remedy available to Seller at law and/or equity and the Seller is automatically released from the obligation to sell the Property to the Purchaser and neither the Seller nor its representatives, agents, attorneys, successors, or assigns shall be liable to the Purchaser for any damages of any kind as a result of the Seller's failure to sell and convey the Property. (b) b. In the event of the Seller’s default or material breach under the terms of the this Agreement or if the Seller terminates the Agreement as provided under the provisions of ▇▇▇▇▇▇▇▇▇ ▇▇ Paragraph 18 (▇a), (▇b), (▇c), (▇d), (▇e), (▇f), (▇i) or (j) of this Addendum, the Purchaser shall be entitled to the return of the ▇▇▇▇▇▇▇ money deposit as Purchaser’s sole and exclusive remedy at law and/or equity. The Purchaser waives any rights to file and maintain an action against the Seller for specific performance and the Purchaser acknowledges that a return of its ▇▇▇▇▇▇▇ money deposit can adequately and fairly compensate the Purchaser. Upon return of the ▇▇▇▇▇▇▇ money deposit to the Purchaser, this Agreement shall be terminated, and the Purchaser and the Seller shall have no further liability or obligation, each to the other in connection with this Agreement. (c) c. The Purchaser agrees that the Seller shall not be liable to the Purchaser for any special, consequential or punitive damages whatsoever, whether in contract, tort (including negligence and strict liability) or any other legal or equitable principle, including but not limited to any cost or expense incurred by the Purchaser in selling or surrendering a lease on a prior residence, obtaining other living accommodations, moving, storage or relocation expenses or any other such expense or cost arising from or related to this Agreement or a breach of this Agreement.. \ (d) d. Any consent by any party to, or waiver of, a breach by the other, whether express or implied, shall not constitute consent to, waiver of, or excuse for any different or subsequent breach. (e) e. In the event either party elects to exercise its remedies as described in this Section 19 of this Addendum and this Agreement is terminated, the parties shall have no further obligation under this Agreement except as to any provision that survives the termination of this Agreement pursuant to Section 24 of this Addendum.. PURCHASER (Initials SELLER (Initials) NPDC form 006 auction with buyer premium revised 1/8/2008

Remedies for Default. (a) In the event of the Purchaser’s 's default, material breach or material misrepresentation of any fact under the terms of this Agreement, the Seller, at its option, may retain the ▇▇▇▇▇▇▇ money deposit and any other funds then paid by the Purchaser as liquidated damages and/or invoke any other remedy available to Seller at law and/or equity expressly set out in this Agreement and the Seller is automatically released from the obligation to sell the Property to the Purchaser and neither the Seller nor its representatives, agents, attorneys, successors, or assigns shall be liable to the Purchaser for any damages of any kind as a result of the Seller's failure to sell and convey the Property. (b) In the event of the Seller’s 's default or material breach under the terms of the this Agreement or if the Seller terminates the this Agreement as provided under the provisions of ▇▇▇▇▇▇▇▇▇ ▇▇ (▇), (▇), (▇), (▇), (▇), (▇), (▇) or (j) of this AddendumAgreement, the Purchaser shall be entitled to the return of the ▇▇▇▇▇▇▇ money deposit as Purchaser’s 's sole and exclusive remedy at law and/or equity. Any reference to a return of the Purchaser's ▇▇▇▇▇▇▇ money deposit contained in the Agreement shall mean a return of the ▇▇▇▇▇▇▇ money deposit less any escrow cancellation fees applicable to the Purchaser under this Agreement and less fees and costs payable for services and products provided during escrow at the Purchaser's request. The Purchaser waives any rights to file and maintain an action against claims that the Seller for specific performance Property is unique and the Purchaser acknowledges that a return of its ▇▇▇▇▇▇▇ money deposit can adequately and fairly compensate the Purchaser. Upon return of the ▇▇▇▇▇▇▇ money deposit to the Purchaser, this Agreement shall be terminated, and the Purchaser and the Seller shall have no further liability or liability, no further obligation, and no further responsibility each to the other and the Purchaser and the Seller shall be released from any further obligation each to the other in connection with this Agreement.. BUYER (Initials) SELLER (Initials) (c) The Purchaser agrees that the Seller shall not be liable to the Purchaser for any special, consequential or punitive damages whatsoever, whether in contract, tort (including negligence and strict liability) or any other legal or equitable principle, including but not limited to any cost or expense incurred by the Purchaser in selling or surrendering a lease on a prior residence, obtaining other living accommodations, moving, storage or relocation expenses or any other such expense or cost arising from or related to this Agreement or a breach of this Agreement. (d) Any consent by any party to, or waiver of, a breach by the other, whether express or implied, shall not constitute consent to, waiver of, or excuse for any different or subsequent breach. (e) In the event either party elects to exercise its remedies as described in this Section 19 of this Addendum and this Agreement is terminated, the parties shall have no further obligation under this Agreement except as to any provision that survives the termination of this Agreement pursuant to Section 24 of this Addendum.

Remedies for Default. In the event of any of the foregoing Events of Default, Lessor, at its election, may exercise any one or more of the following options or remedies, the exercise of any of which shall not be deemed to preclude the exercise of any others herein listed or otherwise provided by statute or general law at the same time or at subsequent times or in subsequent actions: (a) In the event of the Purchaser’s default, material breach or material misrepresentation of any fact under the terms of this Agreement, the Seller, at its option, may retain the ▇▇▇▇▇▇▇ money deposit and any other funds then paid by the Purchaser as liquidated damages and/or invoke any other remedy available to Seller at law and/or equity and the Seller is automatically released from the obligation to sell the Property to the Purchaser and neither the Seller nor its representatives, agents, attorneys, successors, or assigns shall be liable to the Purchaser for any damages of any kind as a result of the Seller's failure to sell and convey the Property. (b) In the event of the Seller’s default or material breach under the terms of the Agreement or if the Seller terminates the Agreement as provided under the provisions case of ▇▇▇▇▇▇▇▇▇ ▇▇ ’s failure to perform any Critical Functions, immediately enter the Demises Premises, take all actions necessary to operate the Airport, and charge Lessee for all costs incurred as a result without terminating this Agreement; (▇), (▇), (▇), (▇), (▇), (▇), (▇b) or (j) of this Addendum, the Purchaser shall be entitled to the return of the Proceed against ▇▇▇▇▇▇▇ money deposit as Purchaser’s sole and exclusive remedy at law and/or equity. The Purchaser waives any rights to file and maintain an action against the Seller for specific performance and the Purchaser acknowledges that a return of its Operating Bond (if applicable); (c) Terminate ▇▇▇▇▇▇▇ money deposit can adequately 's right to possession under the Agreement and fairly compensate the Purchaser. Upon return re-enter and retake possession of the Demised Premises. Lessor shall not be deemed to have thereby accepted a surrender of the Demised Premises, and ▇▇▇▇▇▇ shall remain liable for all Rent, or other sums due, under this Agreement and for all damages suffered by Lessor because of ▇▇▇▇▇▇▇ money deposit to the Purchaser, this Agreement shall be terminated, and the Purchaser and the Seller shall have no further liability or obligation, each to the other in connection with this Agreement. (c) The Purchaser agrees that the Seller shall not be liable to the Purchaser for any special, consequential or punitive damages whatsoever, whether in contract, tort (including negligence and strict liability) or any other legal or equitable principle, including but not limited to any cost or expense incurred by the Purchaser in selling or surrendering a lease on a prior residence, obtaining other living accommodations, moving, storage or relocation expenses or any other such expense or cost arising from or related to this Agreement or a 's breach of this any of the covenants of the Agreement. (d) Any consent by any party toDeclare this Agreement to be terminated, or waiver ofended and null and void, a breach by and re- enter upon and take possession of the otherDemised Premises whereupon all right, whether express or implied, title and interest of ▇▇▇▇▇▇ in the Demised Premises shall not constitute consent to, waiver of, or excuse for any different or subsequent breachend. (e) In Accelerate and declare the event either party elects entire remaining unpaid Rent for the Term and any other sums due and payable forthwith and may, at once, take legal action to exercise its remedies as described in this Section 19 recover and collect the same. (f) If any policy of this Addendum and this Agreement is terminated, the parties shall have no further obligation insurance required under this Agreement except shall expire and not be renewed or replaced by Lessee within three (3) days of such expiration, the Lessor may obtain such insurance, and the cost of such insurance shall be reimbursed by ▇▇▇▇▇▇ to the Lessor as Additional Rent within fifteen (15) days of Lessee’ receipt of an invoice therefor. (g) Exercise any and all other remedies available to any provision that survives the termination of this Agreement pursuant to Section 24 of this AddendumLessor under Applicable Laws.