Common use of Breach Liability Clause in Contracts

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. 11.1 If Party A or Party B 13.1. Any of the Parties (each, a the “Indemnifying Party”) directly shall indemnify and hold harmless the other Party and any of its directors, affiliates, officers and agents (the “Indemnified Party”) from and against any and all losses, claims, damages, liabilities, judgments, fines, duties or indirectly violates costs (the “Losses’) incurred as a result of (i) breach of any provision hereunder of its representations or fails warranties under this Agreement by the Indemnifying Party, or (ii) breach or failure to perform or fails to timely and fully perform any of its obligations hereunder representations, warranties or agreements under this Agreement by the Indemnifying Party, including without limitation any investigation or settlement costs and thus constitutes a breach expenses in connection with any pending or potential lawsuits or proceedings, and any taxes or charges payable in connection with indemnity for any loss under this Agreement. 13.2. Third Party Claim: if any third party notifies the Indemnified Party in writing of any claim involving such third party (the “Third Party Claim”), and the Indemnified Party believes that such Third Party Claim will result in right of indemnity against the Indemnifying Party under Section 13 of this Agreement, the non-defaulting Indemnified Party will immediately notify the Indemnifying Party in writing of such Third Party Claim (the “Non-Defaulting PartyClaim Notice”), describing in reasonable details such Third Party Claim and providing copies of all related documents (if any) shall and the basis of such indemnity. Notwithstanding the foregoing, any failure or delay to provide such notice will not constitute waiver or change of the claim for indemnity by the Indemnified Party under this Agreement, unless and only to the extent that the Indemnifying Party incurs any damages from such failure or delay; provided, however, that the Indemnifying Party will be deemed to have accepted and agreed to such claim if the right Indemnifying Party raises no objection to send a written notification requiring such claim within 30 days upon its receipt of the defaulting Claim Notice in writing. 13.3. Other Claim: if the Indemnified Party makes any claim against the Indemnifying Party under this Agreement and such claim involves no Third Party Claim, the Indemnified Party will immediately notify the Indemnifying Party in writing (the “Defaulting PartyIndemnity Notice”) ), describing in reasonable details such claim, the best estimate of the loss to make correctionsbe covered under the indemnity and the basis of such indemnity; provided, take adequatehowever, effective that any failure or delay to provide such notice will not constitute waiver or change of the claim for indemnity by the Indemnified Party under this Agreement, unless and timely measures only to eliminate the effect thus caused, extent that the Indemnifying Party incurs any damages from such failure or delay. The Indemnifying Party will be deemed to have accepted and indemnify agreed to such claim if the Non-Defaulting Indemnifying Party any losses suffered from raises no objection to such claim within 30 days upon its receipt of the Defaulting Party’s breach of contractIndemnity Notice in writing. 11.2 Upon occurrence of 13.4. This Section 13 will be included in any breach of contract, if the Non-Defaulting Party, based on reasonable agreement made between any Party 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 any 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 contractAffiliates in connection with this Agreement. 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. ​ 11.1 If Party A or Party B each party (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 party (the “Non-Defaulting Party”) shall have the right to send a written notification requiring the defaulting Party (the “Defaulting Party”) to make correctionsrectify its breach, take adequate, effective and timely measures to eliminate the effect consequence thus caused, and indemnify the Non-Defaulting Party any losses suffered from the Defaulting Party’s breach of contract.caused by such breach. ​ 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 consequence thus caused, and indemnified the Non-Defaulting Party any losses suffered from the Defaulting Party’s breach of contract.caused by such breach. ​ 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 foreseeable indirect losses and additional fees and costsincidental expenses, including but not limited to the lawyer’s legal fee, legal litigation cost, arbitration cost, financial cost and travel cost, etc.. ​