Breach Liabilities. (i) If Party A does not pay the contractual amount to Party B according to the Contract, Party A shall pay liquidated damages to Party B according to 0.3% of the total price of the Contract per day of delay, and once such delay exceeds 10 days, Party B has the right to unilaterally terminate or rescind the Contract without bearing any breach responsibility, and Party A shall still pay for the work achievement already delivered by Party B; if Party B requests to continue to perform the Contract, in addition to the liquidated damages paid by Party A in accordance with the aforementioned standard in advance, Party A shall still pay the amount according to the contract, and the date of Party B’s performance of this Contract shall be postponed accordingly from the date of Party B’s receipt of liquidated damages. However, the total amount of liquidated damages for late payment shall not exceed 10% of the total contract amount.
(ii) If Party B terminates the Contract due to Party A’s fault, Party A shall pay Party B the price of the delivered and completed software. Upon payment by Party A, Party B shall deliver to Party A the software for which payment has been made. If Party A wants to use the accepted software in the future, Party A shall still use it in accordance with this Contract. Liquidated damages shall also be paid to Party B at 10% of the total amount of this Contract.
(iii) If Party B fails to complete the acceptance and delivery of the project on time for reasons not attributed to Party A, Party B shall pay liquidated damages to Party A in the amount of 0.3% of the total price of the Contract for each day of delay, but the total amount of liquidated damages for the late acceptance and delivery shall not exceed 10% of the total amount of the Contract. If Party A agrees in writing, Party B may be given a grace period of 5 natural days, during which the calculation of liquidated damages payable by Party B shall be suspended. If Party B fails to complete the project acceptance after the expiration of the period specified in this Contract or the grace period agreed by Party A, the period for Party B to pay liquidated damages to Party A shall be calculated from the date of the expiration of the grace period (excluding the grace period), and Party B shall pay liquidated damages of _3_% of the total amount of this Contract to Party A every day. If the overdue time exceeds 30 days (excluding the grace period), Party A has the right to unilaterally terminate o...
Breach Liabilities. Referring to the relative regulations an the Employee’s manual.
Breach Liabilities. 11.1 Party A shall have the right to terminate this Agreement and/or hold Party C or Party D liable for any damages if Party C or Party D is in material breach of any provision under this Agreement. This Section 11.1 shall not be prejudicial to any other right of Party A under this Agreement.
11.2 Unless otherwise legally required, neither Party C or Party D may terminate or otherwise end this Agreement under any circumstance.
Breach Liabilities. If fault on both parties, they shall bear their respective liabilities according to their actual degree of fault.
Breach Liabilities. 7.1 Any Party’s breaching any terms, warrants and commitments of this Agreement shall constitute breach, and such party shall compensate the other for losses arising herefrom.
7.2 Without the written consent of the other party, neither party shall terminate or postpone the performance of each obligation hereunder on its own.
7.3 Unless otherwise provided by Chinese compulsory laws, Party B shall not bear any liabilities arising from the operation of Party A.
Breach Liabilities. 1. If either party breaches this Agreement and consequently causes this Agreement to become unenforceable, the non-breaching party has the right to terminate this Agreement and hold the breaching party liable for any loss thus incurred.
2. If either party breaches this Agreement and consequently causes adverse social impact or economic losses on the other party, the non-breaching party may hold the breaching party liable, require corresponding damages, or terminate this Agreement.
Breach Liabilities. If Party A violates or terminates this contract with Party B based on Article 24 and 25, Party A shall pay damages pursuant to related regulations.
Breach Liabilities. If either Party A or Party B violates the relevant provisions of this agreement and causes economic losses to the other party, each party may claim to the other party to bear the corresponding economic compensation liability based on the actual loss.
Breach Liabilities. 4.1 If any party violates the provisions of this Agreement, such breaching party shall compensate all losses incurred by the non-breaching party.
4.2 Any waiver of the breaching party’s breach may only be made in writing to be effective. The non-exercise or delay in exercise by any party of any rights or remedies under this Agreement does not constitute waiver of such party; any partial exercise of rights or remedies by any party shall not prejudice such party’s exercise of other rights or remedies.
4.3 The effectiveness of this Article IV shall not be affected by the expiration or termination of this Agreement.
Breach Liabilities. 9.1 Each Party agrees and confirms that, if either Party (“Breaching Party”) substantially breaches any provision herein, or substantially fail or delay in the performance of any obligation of it hereunder, then such Party has constituted the default under this Agreement (“Default”), and any other non-breaching Party (“Non-breaching Party”) has the right to require the Breaching Party to correct or cure such Default within a reasonable period. Should the Breaching Party does not correct or cure such Default within the reasonable period or ten (10) days after the Non-breaching Party sends the written notice to require it to take any corrective or curing measures, then
9.1.1 in case of any Shareholder or the Company being the Breaching Party, the WOFE is entitled to terminate this Agreement and require the Breaching Party to indemnify it for losses;
9.1.2 in the case of the WOFE being the Breaching Party, the Non-breaching Party is entitled to require the Breaching Party to indemnify it for losses, however, unless otherwise provided by laws, it is not entitled to terminate or rescind this Agreement under any circumstance.
9.2 Unless otherwise specified by this Agreement, this Article survives the termination of this Agreement.
