Breach Liability. 11.1 If Party A or Party B (each, a “Party”) directly or indirectly violates any provision hereunder or fails to perform or fails to timely and fully perform any of its obligations hereunder and thus constitutes a breach of this Agreement, the non-defaulting Party (the “Non-Defaulting Party”) shall have the right to send a written notification requiring the defaulting Party (the “Defaulting Party”) to make corrections, take adequate, effective and timely measures to eliminate the effect thus caused, and indemnify the Non-Defaulting Party any losses suffered from the Defaulting Party’s breach of contract.
11.2 Upon occurrence of any breach of contract, if the Non-Defaulting Party, based on reasonable and objective judgment, believes that such breach of contract has caused it impossible or unfair for the Non-Defaulting Party to perform its corresponding obligations hereunder, then the Non-Defaulting Party may notify the Defaulting Party in writing that it will suspend its performance of its corresponding obligations hereunder, until the Defaulting Party has stopped its breach of contract, taken adequate, effective and timely measures to eliminate the effect thus caused, and indemnified the Non-Defaulting Party any losses suffered from the Defaulting Party’s breach of contract.
11.3 The Non-Defaulting Party’s losses to be indemnified by the Defaulting Party due to its breach of contract shall include the direct economic losses suffered by the Non-Defaulting Party due to the breach of contract and any expectable indirect losses and additional fees and costs, including but not limited to the lawyer’s fee, legal cost, arbitration cost, financial cost and travel cost, etc.
Breach Liability. 7.1 Subject to provisions under Section 4 of this Agreement, Party B and Party C shall jointly and severally indemnify and hold harmless Party A and any of its shareholders, directors, employees, affiliates, agents, successors and trustees from any claim, harm, expenses, indemnities, liabilities, fines or any other loss or damages arising from:
7.1.1 any breach or failure to perform this Agreement by Party C and/or Party B; or
7.1.2 any material neglect or willful misconduct, or any breach of applicable laws or regulations by Party C and/or Party B.
7.2 Without prejudice to the indemnity liability provided under Section 7.1, Party A may require Party C and Party B to stop or prevent any breach of this Agreement, and/or require Party C and Party B to perform its obligations under this Agreement.
Breach Liability. 9.1 Under the lease term, if Party B fails to pay the rent for more than three months and fails to make the payment within 15 days of the day on which Party A notifies Party B to pay the rent, Party A has the right to rescind this Agreement.
9.2 If Party B desires to terminate this Agreement before the expiry date, a prior two months written notice of Party B and the written consent of Party A are required.
9.3 If Party B can not use the Leased Equipment as usual as a result of the actions of Party A, Party B is entitled to refuse to pay the rent and to rescind this Agreement prior to the expiry. Party A shall assume responsibility for such breach and compensate the loss of Party B incurred herefrom.
Breach Liability. 7.1 Each of the Borrowers warrants that it will indemnify and hold harmless the Lender against any actions, expenses, claims, costs, damages, demands, charges, liabilities, losses and proceedings arising from breach of any of obligations under this Agreement by such Borrower.
7.2 Notwithstanding anything to the contrary under this Agreement, the provisions under this Section 7 will survive termination or expiration of this Agreement.
Breach Liability. 1. Any party hereto shall be deemed in breach of this Agreement if such party:
(1) fails to perform any obligation under this Agreement;
(2) breaches any of its representation, covenant or warranty made under this Agreement; or
(3) its representation or warranty made under this Agreement is inconsistent with facts or misleading (in good faith or in bad faith).
2. Under occurrence of such breach, the non-breaching party has the right to require the breaching party to correct within 10 days; if the breaching party fails to correct within the specified time, the non-breaching party has the right to terminate this Agreement and claim damages from the breaching party.
3. The parties hereto covenants to each other that without prejudice to the right to claim damages by the non-breaching party against the breach of covenant, warranty or obligation by the breaching party under this Agreement, the breaching party shall be liable to the following damages as required by the non-breaching party:
(1) A certain sum of damages which is sufficient to restore both parties to the status as if the Agreement is not breached;
(2) Expenses or costs directly or indirectly incurred by the non-breaching party arising out of the breach of the Agreements (including without limitation litigation, arbitration and/or lawyer fees reasonably incurred by the non-breaching party).
Breach Liability. 6.1 Each of the Parties will be in breach of this Agreement and liable for any and all losses incurred by the other Party if it fails to perform any of its obligations under this Agreement or any of its representations or warranties under this Agreement is untrue or incorrect.
6.2 Breach of this Agreement by Party B will constitute breach of any and all relevant agreements. For purpose of this Agreement, relevant agreements mean any and all agreements listed under Schedule I attached hereto as well as any of its supplements and amendments.
Breach Liability. 1) For damages to Party A resulting from Party B’s failure to timely deliver the milk or noncompliance with Section 3, Party B shall be liable for such damages;
2) For damages to Party B resulting from Party A’s failure to timely or duly accept the milk, Party A shall be liable for such damages;
3) In circumstances where Party A fails to timely make the payment, Party A shall compensate Party B with 0.1% of the entire purchase price for each day delayed;
4) If one party unilaterally terminate this Agreement without a written notice within the required period, the party shall compensate the other for 0.1% of the preceding month’s entire purchase price.
Breach Liability. During the term of engagement, any party shall not terminate the contract without the consent of the other party; otherwise, the breach party should compensate the other party for the economic damages suffered by the other party.
Breach Liability. 1) In circumstances where Party B fails to supply the calves, Party B shall compensate Party A with 1% of the undelivered portion of the purchase price;
2) In circumstances where Party A returns the calves after acceptance, Party A shall pay Party B 1% of the returned purchase price as compensation;
3) In circumstances where Party A fails to make the payment on time, Party A shall pay Party B a late payment fee of 0.2% of the total late payment amount for each day delayed, until Party B make all the payment;
4) In circumstances where Party A refuses delivery in violation of this Agreement, Party A shall be responsible for all of Party B’s losses and damages as well as fines imposed by the transportation authority.
Breach Liability. 7.2.1 If Transferor fails to transfer the share to transferee timely in accordance with this Agreement, or fails to perform any obligation within the time specified in this Agreement, Transferor shall pay a liquidated damage in the amount of 5‰ of the total consideration per day for each day delayed. If the delay exceeds 30 days, Transferee shall have the right to cancel this Agreement and request Transferor to return twice of the amount that has been paid by Transferee.
7.2.2 If Transferor fails to complete the procedures to effect the share transfer within 30 business days after the submission of the materials, Transferee shall have the right to request Transferor to assume the liability for breach or to cancel this Agreement and request Transferor to assume the liability for breach pursuant to Section 7.2.1.
7.2.3 If Transferor conducts any act stipulated in Section 7.1.2, Transferee shall have the right to request Transferor to pay a liquidated damage of twice of the value of the assets sold to the third party.
7.2.4 If Transferor conducts any of the afore-mentioned breaching acts, Transferee shall have the right to require Guarantor to jointly and severally assume the liability.
