Common use of Breach Liabilities Clause in Contracts

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 or cancel the Contract, in which case the liquidated damages already paid by Party B shall not be returned by Party A, and Party B shall refund all the contract payments it has received. (iv) If the software delivered by Party B or its operation results meet the requirements of the Contract during the testing period and cannot be improved by modification, Party A has the right to terminate or cancel the Contract, and Party B shall return all the contract payments it has received. (v) The software system delivered by Party B shall not contain any software that automatically terminates or interferes with the operation of the system. Otherwise, Party B shall repair it within 5 working days, but if it causes damage to Party A, Party B shall compensate Party A for the actual damage. If Party B is unable to carry out the repair within 5 working days, Party A has the right to terminate or rescind the Contract, and Party B shall refund all the collected contract payment. (vi) Party B shall not subcontract the project of this Contract to a third party without authorization, otherwise Party B shall pay liquidated damages to Party A according to 10% of the total amount of this Contract, and Party B shall still perform all the obligations in accordance with this Contract; Party A may also choose to terminate or rescind the Contract and request Party B to return all the contract sums received. (vii) If, without the written consent of the other party, either party discloses to a third party or uses for other projects the commercial information or data of the other party known to it in the course of the performance of this Contract, such party shall compensate the other party for all the losses it has suffered as a result of such disclosure, and shall pay liquidated damages to the other party at the rate of 10% of the total amount of this Contract. (viii) Unless otherwise agreed in this Contract, if either Party violates any of its warrants under Article 11, the non-defaulting party has the right to unilaterally terminate or cancel the Contract, and the defaulting party shall pay the contract amount payable to the non-defaulting party on an “as is” basis, as well as the liquidated damages equal to 10% of the total amount of this Contract. (ix) The liquidated damages payable by Party B as stipulated in this contract may be deducted from the unpaid amount by Party A. If Party B is liable for breach of contract and pays liquidated damages to Party A in accordance with the provisions of this contract, if the liquidated damages are not sufficient to compensate for the actual losses suffered by Party A, Party B shall be liable for compensation to Party A for the shortfall. (x) Party B shall cooperate with the Party A to conduct on-site inspections or other due diligence on the system service provider in accordance with regulatory requirements. If the Party B fails to cooperate with the Party A’s work and causes any losses to the Party A, the Party B shall be liable for compensation. (xi) Party A and Party B shall not unilaterally rescind the Contract without justifiable reasons, otherwise, the defaulting party shall compensate for all the losses suffered by the observant party as a result and pay liquidated damages to the observant party at the rate of 10% of the total amount of this Contract.

Appears in 4 contracts

Samples: Smart Property Management System Development Contract (3 E Network Technology Group LTD), Truck Safety Control System Development Contract (3 E Network Technology Group LTD), Development Contract (3 E Network Technology Group LTD)

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Breach Liabilities. (i) If 1. None of the Parties may suspend performance of this Agreement, and any Party failing to do so will be deemed to be in breach of this Agreement and be liable for any direct economic loss incurred by the other Party. 2. 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% will make payment of the total price of the Contract per day of delayfees provided under this Agreement and, and once such delay exceeds 10 daysif it fails to do so, 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 may request payment of such fees plus 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 overdue payment 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 Contractoverdue. If Party A agrees in writingfails to make payment provided under this Agreement for more than 30 days, Party B may be given a grace period of 5 natural dayssuspend its services to Party A. If Party A fails to make payment for more than 60 days and fails to pay the liquidated damages, during which the calculation of liquidated damages payable by Party B shall be suspendedmay terminate its services. Upon such termination, Party A will make full payment of any fees and damages due and payable to Party B in lump sum. If Party B A fails to complete do so, Party B reserve the project acceptance after right to dispose any equipment of Party A, and any proceeds from such disposition will be used to set off any fees and damages due and payable to Party B and the expiration remaining amount, if any, will be returned to Party A. If Party A makes full payment of any fees and damages due and payable to Party B upon termination of services by Party B, Party A will remove its equipment from the period specified in this Contract or site of Party B. if Party A fails to do so, Party B reserves the grace period agreed right to dispose any such equipment and any loss and consequence incurred by Party A, the period for Party B to pay liquidated damages to any clients of Party A shall or any third party will be calculated from the date of the expiration of the grace period (excluding the grace period), and borne by Party B shall pay liquidated damages of _3_% of the total amount A. 3. If any Party is in breach 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 or cancel the Contract, in which case the liquidated damages already paid by Party B shall not be returned by Party A, and Party B shall refund all the contract payments it has received. (iv) If the software delivered by Party B or its operation results meet the requirements of the Contract during the testing period and cannot be improved by modification, Party A has the right to terminate or cancel the Contract, and Party B shall return all the contract payments it has received. (v) The software system delivered by Party B shall not contain any software that automatically terminates or interferes with the operation of the system. Otherwise, Party B shall repair it within 5 working days, but if it causes damage to Party A, Party B shall compensate Party A for the actual damage. If Party B is unable to carry out the repair within 5 working days, Party A has the right to terminate or rescind the Contract, and Party B shall refund all the collected contract payment. (vi) Party B shall not subcontract the project of this Contract to a third party without authorization, otherwise Party B shall pay liquidated damages to Party A according to 10% of the total amount of this Contract, and Party B shall still perform all the obligations in accordance with this Contract; Party A may also choose to terminate or rescind the Contract and request Party B to return all the contract sums received. (vii) If, without the written consent of the other party, either party discloses to a third party or uses for other projects the commercial information or data of the other party known to it in the course of the performance of this Contract, such party shall compensate the other party for all the losses it has suffered as a result of such disclosure, and shall pay liquidated damages to the other party at the rate of 10% of the total amount of this Contract. (viii) Unless otherwise agreed in this Contract, if either Party violates any of its warrants under Article 11Agreement, the non-defaulting party has breaching Party may request the right breaching Party to unilaterally terminate or cancel the Contract, cease such breach and the defaulting party shall pay the contract amount payable to indemnify the non-defaulting party on an “as is” basis, as well as the liquidated damages equal to 10% breaching Party in writing. If each of the total amount Parties is in breach of this Contract. (ix) Agreement, each of them will be held liable based on their breach. The liquidated damages payable by Party B as stipulated in this contract may be deducted from Parties agree to resolve any breach or indemnification according to the unpaid amount by Party A. If Party B is liable for breach of contract and pays liquidated damages to Party A in accordance with the provisions dispute resolution terms of this contract, Agreement if the liquidated damages are not sufficient to compensate for the actual losses suffered by Party A, Party B shall be liable for compensation to Party A for the shortfall. (x) Party B shall cooperate with the Party A to conduct on-site inspections or other due diligence on the system service provider in accordance with regulatory requirements. If the Party B no agreement fails to cooperate with the Party A’s work and causes any losses to the Party A, the Party B shall be liable for compensationmade thereon. (xi) Party A and Party B shall not unilaterally rescind the Contract without justifiable reasons, otherwise, the defaulting party shall compensate for all the losses suffered by the observant party as a result and pay liquidated damages to the observant party at the rate of 10% of the total amount of this Contract.

Appears in 3 contracts

Samples: Equipment and Cabinet Lease Agreement, Energy and Technology Services Agreement (21 Vianet Group, Inc.), Equipment and Cabinet Lease Agreement (21 Vianet Group, Inc.)

Breach Liabilities. (i) If Party A does not pay 5.1 For the contractual amount to Party B according to the Contractpurpose of stable quality of components, Party A shall pay liquidated damages deduct in part the payment of Party B for performance bond (performance bond is set in accordance with delivery quantity and value, and shall be deducted from the goods payment of each batch, the Parties shall make adjustment to the performance bond if the return & repair rate is larger than the proportion agreed by both parties or the supply is increasing.), and refund it to Party B according to 0.3% within two months after the expiration date of warranty period for the components. 5.2 Where Party B could not make delivery at time and quantity prescribed in the Plan, in case of short delivery of the total price of the Contract per day of delay, and once such delay exceeds 10 daysgoods those Party needs, Party B has shall make delivery of the right to unilaterally terminate or rescind the Contract without bearing any breach responsibility, balance and indemnify Party A shall still pay for against all losses and damages thereby; in case of delivery over required quantity, Party A is entitled to return the work achievement already delivered by Party Bgoods; if in case of late delivery, Party B requests to continue to perform the Contract, in addition to the liquidated damages paid by shall indemnify Party A against all losses caused thereby. Once delivery one hour later, Party B shall indemnify Party A 5‰ of the aggregate amount of payment, late deliver less than one hour shall be calculated as one hour. Other indemnification shall be made in accordance with the aforementioned standard in advancedamage to Party A. 5.3 Where the components Party B provides cannot meet the provision 4.3.1, provided that Party A accepts the components after analyzing and judging, 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 notify 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. quality in writing (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 periodthrough E-mail), and Party B shall pay liquidated damages of _3_% of reply within 8 hours, otherwise, it shall be deemed as consent from Party B. Where 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 or cancel the Contract, in which case the liquidated damages already paid by Party B shall not be returned by Party A, and Party B shall refund all the contract payments it has received. (iv) If the software delivered by Party B or its operation results meet the requirements of the Contract during the testing period and cannot be improved by modification, Party A has the right to terminate or cancel the Contract, and Party B shall return all the contract payments it has received. (v) The software system delivered by Party B shall not contain any software that automatically terminates or interferes with the operation of the system. Otherwisegoods are judged as defective ones, Party B shall repair it within 5 working daysbear the transportation charge for returning the goods and indemnify Party B against all losses caused thereby. 5.4 In case the components which Party A requires to return exceeds returning period, but if it causes damage Party A shall keep them with Party B bearing the storage charge, the storage charge is subject to Party A, ’s charging standard. 5.5 In case of wrong delivery of the components. Party B shall compensate Party A for the actual damage. If Party B is unable to carry out the repair within 5 working days, Party A has the right to terminate or rescind the Contract, and Party B shall refund all the collected contract payment. (vi) Party B shall not subcontract the project of this Contract to a third party without authorization, otherwise Party B shall pay liquidated damages to Party A according to 10% of the total amount of this Contract, and Party B shall still perform all the obligations in accordance with this Contract; Party A may also choose to terminate or rescind the Contract and request Party B to return all the contract sums received. (vii) If, without the written consent of the other party, either party discloses to a third party or uses for other projects the commercial information or data of the other party known to it in the course of the performance of this Contract, such party shall compensate the other party for all the losses it has suffered as a result of such disclosure, and shall pay liquidated damages make delivery to the other party at the rate of 10% of the total amount of this Contract. (viii) Unless otherwise agreed in this Contract, if either Party violates any of its warrants under Article 11, the non-defaulting party has the right to unilaterally terminate appointed place or cancel the Contract, and the defaulting party shall pay the contract amount payable to the non-defaulting party on an “as is” basis, as well as the liquidated damages equal to 10% of the total amount of this Contract. (ix) The liquidated damages payable by Party B as stipulated in this contract may be deducted from the unpaid amount by Party A. If Party B is liable for breach of contract and pays liquidated damages to Party A person in accordance with the provisions of this contract, if the liquidated damages are not sufficient to compensate Contract and be responsible for the actual losses suffered transportation expense and indemnification against the damage to Party A caused by late delivery. 5.6 Party AB shall keep secret Party’s special requirements for supply and the components with independent intellectual property rights. In case of any disclosure due to Party B’s fault, Party B shall be liable for compensation the losses caused thereby. The indemnification will be 4 to 20 times of the sales value of the products provided to other factories or companies (not less than RMB 100,000 yuan) 5.7 Any economical loss or damage to brand caused to Party A or Customer during the production, sale or in use due to the quality problem of Party B’s components, Party B shall confirm within 24 hours after receipt of Party A’s written notice and indemnify Party A and Customer against any damage, or it shall be deemed that Party B accepts Party A’s notice and processing results with the compensation deducted directly from the payment or performance bond. 5.8 Where quantity of the defective products is found larger the agreed proportion of the components after Party A ’s inspection, Party A is entitled to reject the batch of components or use them with discount equaling to 1%-10% of the aggregate payment for the shortfallbatch; where the quantity of the defective products exceeds the agreed proportion of the components for three times in sequence, Party A is entitled to Cancel the contract with Party B bearing the economic losses hereof. 5.9 During the validity period of the Contract, in case of reputation damage to Party A caused by Party B (xincluding Party B’s employees and related personnel authorized by Party B) Party B shall cooperate with bear responsibility for breach of the contract from 100,000 yuan to 500,000 yuan. The compensation will be determined by Party A to conduct on-site inspections or other due diligence on the system service provider in accordance with regulatory requirementsindependently. If the Party B fails to cooperate with the Party A’s work and causes any losses to the Party A, the Party B shall be liable for compensation. (xi) make the indemnification within 10 days after receipt of the claim on reputation damage from Party A (the damage claim shall include the reality in detail and related materials).In case of late payment, Party B shall not unilaterally rescind A will deduct directly from the Contract without justifiable reasons, otherwise, the defaulting party shall compensate for all the losses suffered by the observant party as a result and pay liquidated damages to the observant party at the rate of 10% of the total amount of this Contractunpaid payment.

Appears in 1 contract

Samples: Components Purchase Contract (World Trophy Outfitters Inc)

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 0.30.2% 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 1030% 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 Party A shall also be paid to pay Party B at 10the liquidated damages equal to 20% 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 0.30.2% 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 1030% of the total amount of the Contract. If Party A agrees in writing, Party B may be given a grace period of 5 30 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_% 0.2% of the total amount of this Contract to Party A every day. If the overdue time exceeds 30 50 days (excluding the grace period), Party A has the right to unilaterally terminate or cancel the Contract, in which case the liquidated damages already paid by Party B shall not be returned by Party A, and Party B shall refund all the contract payments it has received. (iv) If the software delivered by Party B or its operation results meet the requirements of the Contract during the testing period and cannot be improved by modification, Party A has the right to terminate or cancel the Contract, and Party B shall return all the contract payments it has received. (v) The software system delivered by Party B shall not contain any software that automatically terminates or interferes with the operation of the system. Otherwise, Party B shall repair it within 5 10 working days, but if it causes damage to Party A, Party B shall compensate Party A for the actual damage. If Party B is unable to carry out the repair within 5 10 working days, Party A has the right to terminate or rescind the Contract, and Party B shall refund all the collected contract payment. (vi) Party B shall not subcontract the project of this Contract to a third party without authorization, otherwise Party B shall pay liquidated damages to Party A according to 1020% of the total amount of this Contract, and Party B shall still perform all the obligations in accordance with this Contract; Party A may also choose to terminate or rescind the Contract and request Party B to return all the contract sums received. (vii) If, without the written consent of the other party, either party discloses to a third party or uses for other projects the commercial information or data of the other party known to it in the course of the performance of this Contract, such party shall compensate the other party for all the losses it has suffered as a result of such disclosure, and shall pay liquidated damages to the other party at the rate of 1020% of the total amount of this Contract. (viii) Unless otherwise agreed in this Contract, if either Party violates any of its warrants under Article 11, the non-defaulting party has the right to unilaterally terminate or cancel the Contract, and the defaulting party shall pay the contract amount payable to the non-defaulting party on an “as is” basis, as well as the liquidated damages equal to 1020% of the total amount of this Contract. (ix) The liquidated damages payable by Party B as stipulated in under this contract Contract may be deducted from the Party A’s unpaid amount by Party A. amount. If Party B is liable for breach of contract liquidated damages and pays liquidated damages to Party A in accordance with the provisions of under this contractContract, if the liquidated damages are not sufficient insufficient to compensate for the actual losses loss suffered by Party A, Party B shall be liable for compensation to Party A for the shortfallinsufficient portion of the damages. (x) Neither Party A nor Party B shall cooperate with the Party A to conduct on-site inspections or other due diligence on the system service provider in accordance with regulatory requirements. If the Party B fails to cooperate with the Party A’s work and causes any losses to the Party A, the Party B shall be liable for compensation. (xi) Party A and Party B shall not unilaterally rescind terminate the Contract without justifiable reasons, otherwise. Otherwise, the defaulting party Party shall compensate the non-defaulting Party for all the losses suffered by the observant party as a result incurred and pay liquidated damages to the observant non-defaulting party at in the rate amount of 1020% of the total amount of this Contractcontract amount.

Appears in 1 contract

Samples: Procurement Contract (3 E Network Technology Group LTD)

Breach Liabilities. (i) 10.1 Both parties shall observe the provisions under this Agreement, any party who violates the provisions shall assume the liabilities. If any damages occurs, the compensation shall be made within 5 days. 10.2 If Party A does terminates this Agreement unilaterally from the time of subscription to the leasing date, Party A shall return the double payment as the down payment stipulated in Article 5. If Party B terminates this Agreement unilaterally, the down payment will not pay be returned. 10.3 If Party A terminates this Agreement unilaterally after the contractual amount leasing date, Party A shall return the double payment as guaranty money provided in Article 6 Section 1. If Party B terminates this Agreement unilaterally, the guaranty money will not be returned. 10.4 If Party A cannot deliver the house to Party B according within 30 days after the leasing date, Party B has right to rescind this Agreement or ask for postponing the Contractleasing date. If Party B choose to cancel this Agreement, Party A shall pay liquidated damages to back Party B according all the money and interests (calculating upon call rate) within 20 days after receipt of written notice. 10.5 If Party B delay to 0.3% of pay the total price of renting fee or the Contract per day of delay, and once such delay exceeds 10 daysguaranty money, Party B has the right to unilaterally terminate or rescind the Contract without bearing any breach responsibility, and shall pay Party A shall still pay for the work achievement already delivered by Party B; if 0.5% of such amount per delaying day. If Party B requests to continue to perform does not pay such amount of the Contractdelayed payment fee, in addition to or does not make up such margin after 20 days when receive the liquidated damages paid by Party A in accordance with notice, unless the aforementioned standard in advancerenting fee or the guaranty money is supplemented, Party A shall still pay have right to cancel this Agreement, which is deemed as the amount according to the contractunilateral termination of this Agreement, and the date guaranty money will not return. 10.6 If Party B transfer, relet to or exchange with the third party the house, without Party A's consent, the Party B shall pay Party A 3-month renting fees as the breach of contract damages, and the Party B’s performance of A shall have right to rescind this Contract Agreement, unless such income returns to Party A. 10.7 If Party B violates the provisions under this Agreement and does not correct after the written notice is received, Party A shall be postponed accordingly from have right to rescind this Agreement (the date of rescinding the Agreement is the date when the written notice from Party A or its authorized agent serves to Party B’s receipt ), which is deemed as the unilateral termination of liquidated damagesthis Agreement. However, the total amount of liquidated damages for late payment shall not exceed 10% of the total contract amount. (ii) If Where Party B terminates the Contract A cancels this Agreement due to Party A’s B's fault, Party A shall pay back Party B's payment deducting the leasing fees, expenses, compensation, and breach of contract damages (calculating as the 3-month renting fee) within 10 days after this Agreement is canceled. If the guaranty money paid by Party B cannot make up the price of the delivered and completed software. Upon payment margin receivable 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 its right to unilaterally terminate or cancel the Contract, in which case the liquidated damages already paid by recourse from Party B shall not be returned by Party A, and Party B shall refund all the contract payments it has received. (iv) If the software delivered by Party B or its operation results meet the requirements of the Contract during the testing period and cannot be improved by modification, Party A has the right to terminate or cancel the Contract, and Party B shall return all the contract payments it has received. (v) The software system delivered by Party B shall not contain any software that automatically terminates or interferes with the operation of the system. Otherwise, Party B shall repair it within 5 working days, but if it causes damage to Party A, Party B shall compensate Party A for the actual damage. If Party B is unable to carry out the repair within 5 working days, Party A has the right to terminate or rescind the Contract, and Party B shall refund all the collected contract payment. (vi) Party B shall not subcontract the project of this Contract to a third party without authorization, otherwise Party B shall pay liquidated damages to Party A according to 10% of the total amount of this Contract, and Party B shall still perform all the obligations in accordance with this Contract; Party A may also choose to terminate or rescind the Contract and request Party B to return all the contract sums received. (vii) If, without the written consent of the other party, either party discloses to a third party or uses for other projects the commercial information or data of the other party known to it in the course of the performance of this Contract, such party shall compensate the other party for all the losses it has suffered as a result of such disclosure, and shall pay liquidated damages to the other party at the rate of 10% of the total amount of this Contract. (viii) Unless otherwise agreed in this Contract, if either Party violates any of its warrants under Article 11, the non-defaulting party has the right to unilaterally terminate or cancel the Contract, and the defaulting party shall pay the contract amount payable to the non-defaulting party on an “as is” basis, as well as the liquidated damages equal to 10% of the total amount of this Contract. (ix) The liquidated damages payable by Party B as stipulated in this contract may be deducted from the unpaid amount by Party A. If Party B is liable for breach of contract and pays liquidated damages to Party A in accordance with the provisions of this contract, if the liquidated damages are not sufficient to compensate for the actual losses suffered by Party A, Party B shall be liable for compensation to Party A for the shortfall. (x) Party B shall cooperate with the Party A to conduct on-site inspections or other due diligence on the system service provider in accordance with regulatory requirements. If the Party B fails to cooperate with the Party A’s work and causes any losses to the Party A, the Party B shall be liable for compensation. (xi) Party A and Party B shall not unilaterally rescind the Contract without justifiable reasons, otherwise, the defaulting party shall compensate for all the losses suffered by the observant party as a result and pay liquidated damages to the observant party at the rate of 10% of the total amount of this Contract.B.

Appears in 1 contract

Samples: Lease Agreement (Kongzhong Corp)

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Breach Liabilities. (i) 1. If any Party A does not pay is in breach of this Agreement, the contractual amount other Party shall have the right hold the breaching Party liable for any loss incurred by the non-breaching Party. If both Parties are in breach of this Agreement, each of the Parties shall be liable for its own breaching liabilities. 2. Party A’s failure to deliver the Land Parcel to Party B according to within the Contracttime and upon the standards provided hereunder without occurrence of any Force Majeure event or any breach of Party B shall constitute breach of Party A; under which circumstance, Party A shall pay liquidated damages provide the Land Parcel to Party B according as provided hereunder and pay to 0.3% Party B liquidated damages as follows: Damages payable by Party A to Party B for each day on which such failure continues= Amount of land development and construction compensation fee paid by Party B × 1/1000 3. Party B’s failure to pay the total price development and construction compensation fee for the Land Parcel within the time provided hereunder without occurrence of the Contract per day any Force Majeure event or any breach of delay, and once such delay exceeds 10 daysParty A shall constitute breach of Party B; under which circumstance, Party B has shall pay to Party A liquidated damages as follows: Damages payable by Party B to Party A for each day on which such failure continues = Amount of land development and construction compensation fee due and payable by Party B × 1/1000 4. Upon being awarded with the land use right in the Beijing land market through bidding, Party B shall be held liable if: (1) it fails to unilaterally terminate or rescind make due payment of the Contract without bearing land construction and development compensation fee, under which circumstance Party B shall be disqualified from bidding for any breach responsibilityland in Beijing until two business days after Party B obtains the certificate evidencing its full payment of such compensation fee, and Party A such failure shall still pay for the work achievement already delivered by be recorded in Party B; if Party B requests ’s credit track record; (2) it fails to continue make due payment of the land construction and development compensation fee for more than 90 days, or fails to perform the Contractmake such payment more than twice, under which circumstance, in addition to the liquidated damages paid by Party A in accordance with the aforementioned standard in advancedisqualification provided under Article 4(1), Party A such failure shall still pay the amount according be made known 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)public, and Party B and its subsidiaries shall pay liquidated damages be disqualified from bidding for any land in Beijing for a period commencing on the day when Party B obtains the certificate evidencing its full payment of _3_% such compensation fee until the first anniversary thereof. 5. Party B may apply to the competent land reserve authority for issuance of the total amount certificate evidencing full payment of this Contract to Party A every day. If the overdue time exceeds 30 days (excluding land construction and development compensation fee by submission of the grace period), Party A has the right to unilaterally terminate or cancel the Contract, in which case the liquidated damages already paid by Party B shall not be returned by Party A, and Party B shall refund all the contract payments documents indicating that it has received. (iv) If made such payment in its entirety and the software delivered by Party B or its operation results meet liabilities arising from such failure have been enforced against it, the requirements land reserve authority may issue such certificate within ten business days upon receipt of the Contract during the testing period and cannot be improved by modification, submissions from Party A has the right to terminate or cancel the Contract, and Party B shall return all the contract payments it has received. (v) The software system delivered by Party B shall not contain any software that automatically terminates or interferes with the operation of the system. Otherwise, Party B shall repair it within 5 working days, but if it causes damage to Party A, Party B shall compensate Party A for the actual damage. If Party B is unable to carry out the repair within 5 working days, Party A has the right to terminate or rescind the Contract, and Party B shall refund all the collected contract payment. (vi) Party B shall not subcontract the project of this Contract to a third party without authorization, otherwise Party B shall pay liquidated damages to Party A according to 10% of the total amount of this Contract, and Party B shall still perform all the obligations in accordance with this Contract; Party A may also choose to terminate or rescind the Contract and request Party B to return all the contract sums received. (vii) If, without the written consent of the other party, either party discloses to a third party or uses for other projects the commercial information or data of the other party known to it in the course of the performance of this Contract, such party shall compensate the other party for all the losses it has suffered as a result of such disclosure, and shall pay liquidated damages to the other party at the rate of 10% of the total amount of this Contract. (viii) Unless otherwise agreed in this Contract, if either Party violates any of its warrants under Article 11, the non-defaulting party has the right to unilaterally terminate or cancel the Contract, and the defaulting party shall pay the contract amount payable to the non-defaulting party on an “as is” basis, as well as the liquidated damages equal to 10% of the total amount of this Contract. (ix) The liquidated damages payable by Party B as stipulated in this contract may be deducted from the unpaid amount by Party A. If Party B is liable for breach of contract and pays liquidated damages to Party A in accordance with the provisions of this contract, if the liquidated damages are not sufficient to compensate for the actual losses suffered by Party A, Party B shall be liable for compensation to Party A for the shortfall. (x) Party B shall cooperate with the Party A to conduct on-site inspections or other due diligence on the system service provider in accordance with regulatory requirements. If the Party B fails to cooperate with the Party A’s work and causes any losses to the Party A, the Party B shall be liable for compensation. (xi) Party A and Party B shall not unilaterally rescind the Contract without justifiable reasons, otherwise, the defaulting party shall compensate for all the losses suffered by the observant party as a result and pay liquidated damages to the observant party at the rate of 10% of the total amount of this Contract.B.

Appears in 1 contract

Samples: Compensation Agreement for Land Development and Construction (TAL Education Group)

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 0.30.2% 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 1030% 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 Party A shall also be paid to pay Party B at 10the liquidated damages equal to 20% 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 0.30.2% 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 1030% of the total amount of the Contract. If Party A agrees in writing, Party B may be given a grace period of 5 30 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_% 0.2% 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 or cancel the Contract, in which case the liquidated damages already paid by Party B shall not be returned by Party A, and Party B shall refund all the contract payments it has received. (iv) If the software delivered by Party B or its operation results meet the requirements of the Contract during the testing period and cannot be improved by modification, Party A has the right to terminate or cancel the Contract, and Party B shall return all the contract payments it has received. (v) The software system delivered by Party B shall not contain any software that automatically terminates or interferes with the operation of the system. Otherwise, Party B shall repair it within 5 working days, but if it causes damage to Party A, Party B shall compensate Party A for the actual damage. If Party B is unable to carry out the repair within 5 working days, Party A has the right to terminate or rescind the Contract, and Party B shall refund all the collected contract payment. (vi) Party B shall not subcontract the project of this Contract to a third party without authorization, otherwise Party B shall pay liquidated damages to Party A according to 10% of the total amount of this Contract, and Party B shall still perform all the obligations in accordance with this Contract; Party A may also choose to terminate or rescind the Contract and request Party B to return all the contract sums received. (vii) If, without the written consent of the other party, either party discloses to a third party or uses for other projects the commercial information or data of the other party known to it in the course of the performance of this Contract, such party shall compensate the other party for all the losses it has suffered as a result of such disclosure, and shall pay liquidated damages to the other party at the rate of 1020% of the total amount of this Contract. (viiiv) Unless otherwise agreed in this ContractNeither Party A nor Party B shall unilaterally terminate the Contract without justifiable reasons. Otherwise, if either the defaulting Party violates any of its warrants under Article 11, shall compensate the non-defaulting party has the right to unilaterally terminate or cancel the Contract, Party for all losses incurred and the defaulting party shall pay the contract amount payable liquidated damages to the non-defaulting party on an “as is” basis, as well as in the liquidated damages equal to 10amount of 20% of the total amount of this Contractcontract amount. (ix) The liquidated damages payable by Party B as stipulated in this contract may be deducted from the unpaid amount by Party A. If Party B is liable for breach of contract and pays liquidated damages to Party A in accordance with the provisions of this contract, if the liquidated damages are not sufficient to compensate for the actual losses suffered by Party A, Party B shall be liable for compensation to Party A for the shortfall. (x) Party B shall cooperate with the Party A to conduct on-site inspections or other due diligence on the system service provider in accordance with regulatory requirements. If the Party B fails to cooperate with the Party A’s work and causes any losses to the Party A, the Party B shall be liable for compensation. (xi) Party A and Party B shall not unilaterally rescind the Contract without justifiable reasons, otherwise, the defaulting party shall compensate for all the losses suffered by the observant party as a result and pay liquidated damages to the observant party at the rate of 10% of the total amount of this Contract.

Appears in 1 contract

Samples: Software Sales Contract (3 E Network Technology Group LTD)

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