Common use of Breach and Liabilities Clause in Contracts

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.

Appears in 2 contracts

Samples: Shareholder Agreement (SouFun Holdings LTD), Shareholder Agreement (SouFun Holdings LTD)

AutoNDA by SimpleDocs

Breach and Liabilities. 8.1 The Parties parties herein hereby agree and confirm that if one Party 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 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 then (1) the Subsidiary Company Beijing Xxxxx Xxx Xxx Xxxxx shall be entitled to terminate this Agreement and claim damages from the Breaching Party should the Shareholders or the VIE Company Beijing Xxxxx Xxx Xxxx Xxxx 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 Beijing Xxxxx Xxx Xxx Xxxxx 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.

Appears in 2 contracts

Samples: Shareholder Agreement (China Index Holdings LTD), Shareholder Agreement (China Index Holdings LTD)

Breach and Liabilities. 8.1 The Parties hereby agree and confirm that if one Party (Breaching PartyParty ”) 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“ Breach ”), any of the other non-breaching Parties (Non-Breaching PartiesParties ”) 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.

Appears in 1 contract

Samples: Shareholders’ Proxy Agreement (SouFun Holdings LTD)

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 no later than thirty (30) days upon after 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.

Appears in 1 contract

Samples: Shareholders' Proxy Agreement (Spirit International, Inc.)

AutoNDA by SimpleDocs

Breach and Liabilities. 8.1 The Parties parties herein hereby agree and confirm that if one Party 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 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 then (1) the Subsidiary Company Beijing Zxxxx Xxx Sxx Xxxxx shall be entitled to terminate this Agreement and claim damages from the Breaching Party should the Shareholders or the VIE Company Beijing Zxxxx Xxx Hxxx Xxxx 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 Beijing Zxxxx Xxx Sxx Xxxxx 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.

Appears in 1 contract

Samples: Shareholder Agreement (Fang Holdings LTD)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!