103 STAT. 236 PUBLIC LAW 101-73—AUG. 9, 1989 in possession and is not, as of the date of such repudiation, in default, such purchaser may either— "(i) treat the contract as terminated by such repudi- ation; or "(ii) remain in possession of such real property. " (B) PROVISIONS APPLICABLE TO PURCHASER REMAINING IN POSSESSION. — If any purchaser of real property under any contract described in subparagraph (A) remains in posses- sion of such property pursuant to clause (ii) of such subparagraph— "(i) the purchaser— "(I) shall continue to make all pa3mients due
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ation of the contract; and s' "(II) may offset against any such payments any i damages which accrue after such date due to the nonperformance (after such date) of any obligation of the depository institution under the contract; ' ,» . and "(ii) the conservator or receiver shall— "(I) not be liable to the purchaser for any dam- ages arising after such date as a result of the .;; repudiation other than the amount of any offset allowed under clause (i)(H); "(II) deliver title to the purchaser in accordance with the provisions of the contract; and "(III) have no. obligation under the contract other ' ".' - than the performance required under subclause (II). v•' " (C) ASSIGNMENT AND SALE ALLOWED.— "(i) IN GENERAL.— No provision of this paragraph shall be construed as limiting the right of the conserva- tor or receiver to assign the contract described in , subparagraph (A) and sell the property subject to the contract and the provisions of this paragraph.
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"(ii) No LIABILITY AFTER ASSIGNMENT AND SALE.— If an assignment and sale described in clause (i) is con- summated, the conservator or receiver shall have no further liability under the contract described in subparagraph (A) or with respect to the real property which was the subject of such contract. . „:, "(7) PROVISIONS APPLICABLE TO SERVICE CONTRACTS. — Claims. ' "(A) SERVICES PERFORMED BEFORE APPOINTMENT. —In the case of any contract for services between any person and any insured depository institution for which the Corpora- tion has been appointed conservator or receiver, any claim of such person for services performed before the appoint- ment of the conservator or the receiver shall be— "(i) a claim to be paid in accordance with subsections (d) and (i); and "(ii) deemed to have arisen as of the date the con- servator or receiver was appointed. "(B) SERVICES PERFORMED AFTER APPOINTMENT AND PRIOR TO REPUDIATION. — If, in the case of any contract for services described in subparagraph (A), the conservator or receiver accepts performance by the other person before the con- servator or receiver makes any determination to exercise
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