In the event of Buyer has been unable to satisfy its conditions to Closing on or before the Closing Date, Seller may retain the Earnest Money Deposit, and the Nonrefundable Payment if then paid, as its sole damages. Buyer and Seller hereby acknowledge and agree that money damages would not be a sufficient remedy for any breach of any provision of this Agreement by the Seller.  In such event, Seller agrees that Buyer shall have the right, in addition to any other rights it may have (whether at law or in equity), to seek specific performance and injunctive relief as a remedy for any such breach of this Agreement.  No failure or delay by any party hereto in exercising any right, power or privilege hereunder will operate as a waiver thereof, nor will any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder.