Liquidated Damages

The following is intended to provide general information about the subject matter covered. It is not meant to provide legal opinions, offer advice, or serve as a substitute for advice by licensed, legal professionals for your particular situation.

Laws and interpretations of those laws change frequently and the subject matter below has important legal consequences. If not understood, legal, tax, or other counsel should be consulted. All risk of loss or damage is solely that of the user of the form below.

STANDARD OFFER, AGREEMENT AND ESCROW
INSTRUCTIONS FOR PURCHASE OF REAL ESTATE
(NON-RESIDENTIAL)
AIR COMMERCIAL REAL ESTATE ASSOCIATION

21. LIQUIDATED DAMAGES. (This Liquidated Damages paragraph is applicable only if initialed by both Parties).

THE PARTIES AGREE THAT IT WOULD BE IMPRACTICABLE OR EXTREMELY DIFFICULT TO FIX, PRIOR TO SIGNING THIS AGREEMENT, THE ACTUAL DAMAGES WHICH WOULD BE SUFFERED BY SELLER IF BUYER FAILS TO PERFORM ITS OBLIGATIONS UNDER THIS AGREEMENT. THEREFORE, IF, AFTER THE SATISFACTION OR WAIVER OF ALL CONTINGENCIES PROVIDED FOR THE BUYER’S BENEFIT, BUYER BREACHES THIS AGREEMENT, SELLER SHALL BE ENTITLED TO LIQUIDATED DAMAGES IN THE AMOUNT OF

All Deposits.

UPON PAYMENT OF SAID SUM TO SELLER, BUYER SHALL BE RELEASED FROM ANY FURTHER LIABILITY TO SELLER, AND ANY ESCROW CANCELLATION FEES AND TITLE COMPANY CHARGES SHALL BE PAID BY SELLER.

John Baker
John H. Baker, Esq.
Baker Law Group
Business and Real Estate Law
7700 Irvine Center Dr., Suite 800
Irvine, CA 92618-3047
Phone: (949) 450-0444
Fax: (949) 788-2963
JBaker@BakerLawGroup.com

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