Seller wants to keep Earnest Money upon Assignment

[Ken Yu]

Hello all, 

I had a seller renegotiate these terms in our contract.

"In the event of an notification of assignment of this contract, the Earnest Money becomes non-refundable and will be immediately released to the seller without future obligation. Notification of assignment will be made in writing to the Seller and the Sellers attorney."

I don't think that this clause is necessarily a deal-breaker (and I could be totally wrong), but I'm taking on a hefty amount of risk in the case where I assign the contract to another investor without my own non-refundable earnest money deposit. 

Since I've never seen a seller negotiate this, I'm looking for advice on how to market this deal to other investors. Would I just market this property for my desired cost minus the earnest money? Are there any legal gotchas that I'm not seeing here?