This excerpt taken from the BEE 8-K filed Aug 30, 2005.
Purchasers Remedies. If Seller fails to perform its obligations under this Agreement (excluding post-Closing obligations) for any reason except the failure of any condition precedent to Sellers obligations under this Agreement, then Purchaser shall elect, as its sole and exclusive remedy, either: (a) to terminate this Agreement by giving Seller written notice of such election prior to or at Closing whereupon the Title Company shall promptly return to Purchaser the Earnest Money; or (b) to waive the default and close without any abatement or reduction of the Purchase Price; or (c) to enforce specific performance of this Agreement. Notwithstanding the foregoing, in the event that Seller has breached its obligations under Section 10.01(h) and is unable or unwilling to remove such lien or other encumbrance created by Seller, and Purchaser elects to terminate the Agreement, Purchaser may also seek to recover its reasonable out-of-pocket expenses incurred in connection with its due diligence review of the Property, the negotiation and execution of this Agreement and all ancillary documents, and the pursuit of the Franchisor Consent and Franchisor Release; provided that in no event will the amount recoverable by Purchaser exceed $200,000. With respect to Sellers breach of any of its surviving post-Closing obligations, Purchaser shall have all remedies provided hereunder and any and all remedies available at law or in equity which are not inconsistent with the terms of this Agreement.