Breach and Liabilities. 8.1 The Parties hereby agree and confirm that if one Party (“Breaching Party”) materially breaches any of the agreed terms and conditions under this Agreement, or materially fails to perform any of its obligations herein, such Breaching Party shall be deemed to have breached this Agreement (“Breach”), any of the other non-breaching Parties (“Non-Breaching Parties”) is entitled to request the Breaching Party to redress or take remedial measures within a reasonable time period. If the Breaching Party, within a reasonable time period or within thirty (30) days upon receiving the written notice from any Non-Breaching Party requesting redress, but fails to redress or take remedial measures, then (1) the Subsidiary Company shall be entitled to terminate this Agreement and claim damages from the Breaching Party should the Shareholders or the VIE Company breach this Agreement; (2) the Non-Breaching Parties shall be entitled to claim damages but not be entitled to terminate or abrogate this Agreement or trust herein should the Subsidiary Company breach this Agreement.
8.2 Notwithstanding the other provisions herein, the validity of this Article shall not be affected by the suspension or termination of this Agreement.
Breach and Liabilities. Any default of any term of this agreement shall be a breach. Breaching Party shall be liable for actual economic loss that the other Party incurs and shall compensate the other Party for such loss.
Breach and Liabilities. If any Party ("Breaching Party") fails to perform, fulfill or properly perform any obligation under this Agreement, or violates any provision hereof (including but not limited to any representation, warranty or undertaking hereunder), whether by action or inaction, it shall be deemed as a breach. Any Party shall be entitled to the compensation for its direct losses resulting from the breach of the Breaching Party. Such damages and losses shall include all direct losses incurred or resulting from the breach of the Breaching Party, such as damages, expenditures, expenses, costs and liabilities, etc. However, such compensation shall be limited to the losses foreseen or should have been foreseen by the Breaching Party when this Agreement is executed.
Breach and Liabilities. 1. Both Parties shall jointly maintain the intellectual property of new variety and its parental and all terms stipulated in this agreement. Any default of any term of this agreement by either Party shall be a breach. Non-Breaching Party shall be entitled to the remedy of economic damages.
2. This agreement shall become effective upon its execution by both Parties. Any other matters shall be revolved by the both Parties through consultation. This agreement shall have two originals and each Party shall keep one original. Party A: Henan Agriculture University Legal Representative: Party B:Beijing Origin Seed Limited Legal Representative: February 28, 1998 Agreement on the Joint Development of Cross Bred Corn E Yu 10 Party A: HUBEI PROVINCE SHIYAN AGRICULTURE SCIENCES INSTITUTE Party B: BEIJING ORIGIN SEED LIMITED
Breach and Liabilities. 10.1 Upon effectiveness of this Agreement, the Parties shall fully, properly and promptly perform their obligations and agreements in accordance with this Agreement. Any breach by any Party hereto of any provision hereof shall constitute a breach.
10.2 In the event of a breach, the breaching Party shall indemnify the non-breaching Parties against their losses and shall pay a late payment fee with respect to the principal (or indemnity) payable for each day of delay at a daily rate of 0.05% until the date of the full payment of the principal (or indemnity).
Breach and Liabilities. Any party who breaches any provision, representation, warranty shall constitute default and accordingly be liable in accordance with relevant laws, rules and provisions of the agreement.
Breach and Liabilities. 1. Both Parties shall jointly maintain the intellectual property of new variety and its parental and all terms stipulated in this agreement. Any default of any term of this agreement by either Party shall be a breach. Non-Breaching Party shall be entitled to the remedy of economic damages.
2. This agreement shall become effective upon its execution by both Parties. Any other matters shall be revolved by the both Parties through consultation. This agreement shall have two originals and each Party shall keep one original.
Breach and Liabilities. 9.1 Upon effectiveness of this Agreement, the Parties shall fully, properly and promptly perform their obligations and agreements in accordance with this Agreement. Any breach by any Party hereto of any provision hereof shall constitute a breach.
9.2 If VisionChina and Champ Elysee fail to effect (transfer of performance make-up payment shares, or payment of cash make-up payments, as applicable) in favor of CCB Intl the performance make-up payments (either in the form of shares or cash) in accordance with the times prescribed hereunder, a late payment fee shall be paid to CCB Intl with respect to the amount of the performance make-up payments for each day of delay at a daily rate of 0.05% until the date of the full payment thereof.
9.3 If VisionChina and Champ Elysee fail to buy back the VisionChina Mobile equity held by CCB Intl and complete the payment of equity buyback price in accordance with the times prescribed hereunder, a late payment fee shall be paid to CCB Intl with respect to the amount of the equity buyback price for each day of delay at a daily rate of 0.05% until the date of the full payment by VisionChina Mobile and Champ Elysee of the full amount of such buyback price.
9.4 A Party in breach shall bear the notary fee, attorney’s fee, litigation costs, arbitration costs and other reasonable expense incurred by the non-breaching Party(ies) as a result of the breach of such breaching Party.
Breach and Liabilities. 在本协议签署后，如出让方拒不将股权转让给受让方，或因出让方原因导致交割未能实现或未能于本协议生效之日起三（3）个月内实现的，则出让方构成根本违约。 After this Agreement is executed, if the Transferors refuses to transfer the Equity to the Transferees, or due to the Transferors causes the Closing does not happen or does not happen within three (3) months from the effective date of this Agreement, the Transferors constitute a material breach of the Agreement.
Breach and Liabilities
