Breach of Contract and Compensation. 8.1 Either Party’s direct or indirect violation of any terms hereof or failure to assume any of its obligations hereunder or failure to do so in time or in full shall constitute breach of contract, in which case the non-breaching Party may by written notice requesting the breaching Party to make corrections and take adequate, timely and effective measures to eliminate the consequences thereof, and compensate the non-breaching Party for losses suffered thereby as a result thereof; if the breaching Party fails to do so, the non-breaching Party shall have the right to terminate this Agreement.
Breach of Contract and Compensation. 1. Party A and Party B shall properly exercise their rights and perform their obligations to ensure smooth implementation of the Agreement. Where either party violates the Agreement, it shall bear the liabilities for breach of contract (see Annex 1 Data Center Service Level Agreement for the service availability compensation standard). Unless otherwise agreed by Party A and Party B herein, the defaulting party shall compensate the other party for direct economic losses according to law.
Breach of Contract and Compensation. 17 ARTICLE 9 INSURANCE.................................................19 ARTICLE 10
Breach of Contract and Compensation. 8.1 During the term of this Contract, Party B shall guarantee that the Effective On-Grid Electricity procured by Party B at the Connecting Point in every Year shall be no less than the Normal Take. In the event that at the last day of any Year within the Contract term, the actual cumulative Effective On-Grid Electricity procured by Party B for the whole Year is less than the Normal Take, Party B shall pay Party A within forty five (45) days after the end of such Year an amount as follows: [***] [***] Filed separately with the Commission pursuant to a request for confidential treatment. [***]
Breach of Contract and Compensation. 7.1 Failure of performance or sufficient performance of this Contract, breach of any commitment, representations and warrants hereunder, or failure to make true, accurate, complete covenants, statements and warranties by any Party shall constitute a breach of this Contract. The breaching Party shall bear all and any liability of actual loss arising from such breach, and pay damages in full to the Party accepting such commitment, representation or warrant, which includes but is not limited to the whole loss, litigation and/or arbitration fees, attorney’s fees, investigation fees, evaluation fees and notarization fees of the non-breaching Party. The respective breaching Parties shall bear their own corresponding liabilities for compensation arising from their respective breach in proportion with their respective faults in the event that both Parties under this Contract commit breach of this Contract. This article shall not limit the right of the Parties to seek other legal remedies, including but not limited to the right to demand actual performance provided by the Contract Law of the PRC.
Breach of Contract and Compensation. 7.1 If either party of this agreement violates the agreement and causes losses to the observant party, the observant party has the right to ask the defaulting party to bear the liability for breach of contract. If losses are caused to the observant party, the observant party has the right to ask the defaulting party to make compensation according to the actual losses.
Breach of Contract and Compensation. 8.1 If either party seriously violates the provisions of the Framework Agreement or Service Agreement, and such violation is capable of being remedied, and the other party has not received notice of the violation and request for remedy, the other party may terminate the corresponding Service Contract or the entire Framework Contract and all Service Contracts thereunder after thirty (30) days from the date of such notice.
Breach of Contract and Compensation. 9.1. Any party’s breach of any obligation, representations, warranties and undertakings hereof shall constitute breach of contract. Under such situation, the observant party shall be entitled to issue written notice to the defaulting party, and request the defaulting party to rectify within 10 days after receiving such written notice.
Breach of Contract and Compensation. 9.1. If any representations and warranties made by either party (“Defaulting Party”) under the Share Purchase Agreement are false, incomplete or misleading, or are in breach of any of its undertakings or covenants under the Share Purchase Agreement, thereby causing the other party (“Non-defaulting Party”) to directly assume or suffer from any claims, losses, liabilities, damages, costs and expenses, the Defaulting Party shall be liable to the Non- defaulting Party for damages, so as to indemnify and hold the Non-defaulting Party harmless from such losses.
Breach of Contract and Compensation
