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2. Buyer's Default. If Buyer fails to perform any of its obligations under this contract <br /> ("Buyer's Default"), Seller may elect either of the following as its sole and exclusive remedy: <br /> a. Termination; Liquidated Damages. Seller may terminate this contract by <br /> giving notice to Buyer on or before the Closing Date and Closing Time and <br /> have the Earnest Money paid to Seller. If Buyer's Default occurs after Seller <br /> has incurred costs to perform its obligations under this contract and Seller <br /> terminates this contract in accordance with the previous sentence, Buyer <br /> will also reimburse Seller for the lesser of Seller's actual out-of-pocket <br /> expenses incurred to perform its obligations under this contract or the <br /> amount of Seller's Additional Liquidated Damages, within ten days of <br /> Buyer's receipt of an invoice from Seller stating the amount of Seller's <br /> expenses. <br /> 3. Liquidated Damages. The parties agree that just compensation for the harm that <br /> would be caused by a default by either party cannot be accurately estimated or would be very <br /> difficult to accurately estimate and that Buyer's Liquidated Damages or the Earnest Money and <br /> Seller's Additional Liquidated Damages are reasonable forecasts of just compensation to the <br /> nondefaulting party for the harm that would be caused by a default. <br /> 4. Attorney's Fees. If either party retains an attorney to enforce this contract,the party <br /> prevailing in litigation is entitled to recover reasonable attorney's fees and court and other costs. <br /> M. Miscellaneous Provisions <br /> 1. Notices. Any notice required by or permitted under this contract must be in writing. <br /> Any notice required by this contract will be deemed to be delivered (whether actually received or <br /> not) when deposited with the United States Postal Service, postage prepaid, certified mail, return <br /> receipt requested, and addressed to the intended recipient at the address shown in this contract. <br /> Notice may also be given by regular mail, personal delivery, courier delivery, facsimile <br /> transmission,electronic mail, or other commercially reasonable means and will be effective when <br /> actually received. Any address for notice may be changed by written notice delivered as provided <br /> herein. Copies of each notice must be given by one of these methods to the attorney of the party <br /> to whom notice is given. <br /> 2. Entire Contract. This contract, together with its exhibits, and any Closing <br /> Documents delivered at closing constitute the entire agreement of the parties concerning the sale <br /> of the Property by Seller to Buyer. There are no oral representations, warranties, agreements, or <br /> promises pertaining to the sale of the Property by Seller to Buyer not incorporated in writing in <br /> this contract. <br /> 3. Amendment. This contract may be amended only by an instrument in writing <br /> signed by the parties. <br /> 4. Assignment. Buyer may assign this contract. <br /> 9 <br />