Common use of Breach of Agreement and Indemnification Clause in Contracts

Breach of Agreement and Indemnification. 7.1 If Party B materially breaches any provision under this Agreement, or fails to perform, performs incompletely or delays to perform any obligation under this Agreement, it shall constitute a breach under this Agreement on the part of Party B. Party A is entitled to require Party B to rectify or take remedial measures. If Party B fails to rectify or take remedial measures within ten (10) days after Party A delivers a written notice to Party B and requires for rectification (or within any other reasonable period required by Party A), Party A is entitled to, at its sole discretion, (1) terminate this Agreement and require Party B to compensate all the losses; or (2) require specific performance of the obligations of Party B under this Agreement and require Party B to compensate all the losses. This Section shall not prejudice any other rights of Party A under this Agreement. 7.2 Unless otherwise required by the applicable laws, Party B shall not unilaterally terminate this Agreement in any event. 7.3 Party B shall indemnify Party A and hold Party A harmless from any losses, damages, obligations or expenses caused by any lawsuit, claims or other demands raised by any third party against Party A arising from or caused by the services provided by Party A to Party B pursuant this Agreement, except where such losses, damages, obligations or expenses arise from the gross negligence or willful misconduct of Party A.

Appears in 7 contracts

Samples: Exclusive Business Cooperation Agreement (Luboa Group, Inc.), Exclusive Business Cooperation Agreement (So-Young International Inc.), Exclusive Business Cooperation Agreement (So-Young International Inc.)

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Breach of Agreement and Indemnification. 7.1 If Party B materially breaches any provision under this Agreement, or fails foils to perform, performs incompletely or delays to perform any obligation under this Agreement, it shall constitute a breach under this Agreement on the part of Party B. Party A is entitled to require Party B to rectify or take remedial measures. If Party B fails to rectify or take remedial measures within ten (10) days after Party A delivers a written notice to Party B and requires for rectification (or within any other reasonable period required by Party A), Party A is entitled to, at its sole discretion, (1) terminate this Agreement and require Party B to compensate all the losses; or (2) require specific performance of the obligations of Party B under this Agreement and require Party B to compensate all the losses. This Section shall not prejudice any other rights of Party A under this Agreement. 7.2 Unless otherwise required by the applicable laws, Party B shall not unilaterally terminate this Agreement in any event. 7.3 Party B shall indemnify Party A and hold Party A harmless from any losses, damages, obligations or expenses caused by any lawsuit, claims or other demands raised by any third party against Party A arising from or caused by the services provided by Party A to Party B pursuant this Agreement, except where such losses, damages, obligations or expenses arise from the gross negligence or willful misconduct of Party A.

Appears in 1 contract

Samples: Exclusive Business Cooperation Agreement (So-Young International Inc.)

Breach of Agreement and Indemnification. 7.1 If Party B materially breaches any provision under this Agreement, or fails to perform, performs incompletely or delays to perform any obligation under this Agreement, it shall constitute a breach under this Agreement on the part of Party B. Party A is entitled to require Party B to rectify or take remedial measures. If Party B fails to rectify or take remedial measures within ten (10) days after Party A delivers a written notice to Party B and requires for rectification (or within any other reasonable period required by Party A), Party A is entitled to, at its sole discretion, (1) terminate this Agreement and and/or require Party B to compensate all the losses; or (2) require specific performance of the obligations of Party B under this Agreement and require Party B to compensate all the losses. This Section 7.1 shall not prejudice any other rights of Party A under this Agreement. 7.2 Unless otherwise required by the applicable laws, Party B shall not unilaterally terminate or cancel this Agreement in any event. 7.3 Party B shall indemnify Party A and hold Party A harmless from any losses, damages, obligations or expenses caused by any lawsuit, claims or other demands raised by any third party against Party A arising from or caused by the services provided by Party A to Party B pursuant this Agreement, except where such losses, damages, obligations or expenses arise from the gross negligence or willful misconduct of Party A. 7.4 The Parties acknowledge and agree that the Parties hereto are independent civil entities and shall assume relevant responsibilities and obligations independently. Party A shall not be held responsible for any acts of Party B by signing this Agreement. If Party A undertakes the relevant responsibilities and losses due to act of Party B, Party B shall compensate Party A.

Appears in 1 contract

Samples: Exclusive Business Cooperation Agreement (SPI Energy Co., Ltd.)

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Breach of Agreement and Indemnification. 7.1 If Party B materially breaches any provision under this Agreement, or fails to perform, performs incompletely or delays to perform any obligation under this Agreement, it shall constitute a breach under this Agreement on the part of Party B. Party A is entitled to require Party B to rectify or take remedial measures. If Party B fails to rectify or take remedial measures within ten (10) days after Party A delivers a written notice to Party B and requires for rectification (or within any other reasonable period required by Party A), Party A is entitled to, at its sole discretion, (1) terminate this Agreement and require Party B to compensate all the losses; or (2) require specific performance of the obligations of Party B under this Agreement and require Party B to compensate all the losses. This Section Section7.1 shall not prejudice any other rights of Party A under this Agreement. 7.2 Unless otherwise required by the applicable laws, Party B shall not unilaterally terminate this Agreement in any event. 7.3 Party B shall indemnify Party A and hold Party A harmless from any losses, damages, obligations or expenses caused by any lawsuit, claims or other demands raised by any third party against Party A arising from or caused by the services provided by Party A to Party B pursuant this Agreement, except where such losses, damages, obligations or expenses arise from the gross negligence or willful misconduct of Party A. 7.4 The Parties acknowledge and agree that the Parties hereto are independent civil entities and shall assume relevant responsibilities and obligations independently. Party A shall not be held responsible for any acts of Party B by signing this Agreement. If Party A undertakes the relevant responsibilities and losses due to act of Party B, Party B shall compensate Party A.

Appears in 1 contract

Samples: Exclusive Business Cooperation Agreement (SPI Energy Co., Ltd.)

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