Gastar shall have the right to seek injunctive relief or to compel specific performance against the Kleinheinz Group to compel Closing.  Should Gastar fail to Close by the Closing Date, then on or before the third (3 rd ) business day after the Closing Date, or on a mutually agreed upon extension of the Closing Date, Gastar shall wire to the Kleinheinz Group’s designated accounts a total amount of five million one hundred forty one thousand seven hundred dollars ($5,141,700) which shall serve as liquidated damages.  Upon payment of the liquidated damages, this agreement shall terminate and there shall be no further damages or liabilities due the Kleinheinz Group from Gastar.