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).
Appears in 2 contracts
Samples: Agreement on Transfer of Shares (Artcraft v Inc), Agreement on Transfer of Ownership Interest (Artcraft v Inc)
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 covenant 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 the 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 Agreement (including without limitation litigation, arbitration and/or lawyer fees reasonably incurred by the non-breaching partyparty therefrom).
Appears in 2 contracts
Samples: Agreement on Transfer of Shares (Hurray! Holding Co., Ltd.), Share Transfer Agreement (Hurray! Holding Co., Ltd.)
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 Agreement (including without limitation litigation, arbitration and/or lawyer fees reasonably incurred by the non-breaching partyparty therefrom).
Appears in 1 contract
Samples: Agreement on Transfer of Shares (Hurray! Holding Co., Ltd.)
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 covenant 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 Agreement (including without limitation litigation, arbitration and/or lawyer fees reasonably incurred by the non-breaching partyparty therefrom).
Appears in 1 contract
Samples: Agreement on Transfer of Shares (Hurray! Holding Co., Ltd.)