Wahlberg Mincher is a developer of a hotel in condominium building in Chicago Burke, a citizen of Ireland signed a contract with Wabash to buy condominium unit and two parking spaces for $2,282,130 when the building was completed, Berke paid deposit of $456,426.20 percent of the purchase price as required by the purchase agreement. The purchase agreement contained a liquidated damages clause that permitted was to retain the deposit money, if Burke did not complete the purchase of the unit. When it came time to close the purchase, Burk refused to pay the rest of the contract price and ask Wabash to refund his deposit. Is Burke entitled to a refund of the deposit