Common use of Breach of Contract and Indemnification Clause in Contracts

Breach of Contract and Indemnification. 12.1 Party A’s violation of its representations, warranties or other provisions hereunder shall constitute Party A’s breach of this Agreement. Party A shall indemnify Party B for losses suffered by Party B as a result of such breach. Party B shall be entitled to give Party A written notice to terminate this Agreement in the case of substantial losses caused by Party A’s breach. The Agreement shall be terminated on the thirtieth day following the receipt of such written notice by Party A, unless otherwise waived by Party B. 12.2 Party B’s violation of its representations, warranties or other provisions hereunder, the written directives given by Party A hereunder, shall constitute Party B’s breach of this Agreement. Party B shall indemnify Party A for substantial losses suffered by Party A as a result of such breach, and Party B shall not receive the investment management fee for the current period if it has not made such compensation. Party A shall be entitled to give Party B written notice to terminate this Agreement. The Agreement shall be terminated on the thirtieth day following the receipt of such written notice by Party B, unless otherwise waived by Party A. 12.3 If Party B’s negligence, error in operation, deficiency in the amount of securities and funds, default in provisions of agreements with a third party, system malfunction or employees’ fraud results in any loss on Entrusted Assets, Party B shall indemnify the direct loss resulting therefrom and undertake the civil liability. 12.4 The indemnification liability and civil liability of any party prior to the termination of this Agreement shall survive the termination.

Appears in 7 contracts

Samples: Asset Management Agreement (China Life Insurance Co LTD), Asset Management Agreement (China Life Insurance Co LTD), Asset Management Agreement (China Life Insurance Co LTD)

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Breach of Contract and Indemnification. 12.1 Party A’s violation of its representations, warranties or other provisions hereunder shall constitute Party A’s breach of this Agreement. Party A shall indemnify Party B for losses suffered by Party B as a result of such breach. Party B shall be entitled to give Party A written notice to terminate this Agreement in the case of substantial losses caused by Party A’s breach. The Agreement shall be terminated on the thirtieth day following the receipt of such written notice by Party A, unless otherwise waived by Party B. 12.2 Party B’s violation of its representations, warranties or other provisions hereunder, the written directives given by Party A hereunder, shall constitute Party B’s breach of this Agreement. Party B shall indemnify Party A for substantial losses suffered by Party A as a result of such breach, and Party B shall not receive the investment management fee for the current period if it has not made such compensation. Party A shall be entitled to give Party B written notice to terminate this AgreementAgreement in the case of substantial losses caused by Party B’s breach. The Agreement shall be terminated on the thirtieth day following the receipt of such written notice by Party B, unless otherwise waived by Party A. 12.3 If Party B’s negligence, error in operation, deficiency in the amount of securities and funds, default in provisions of agreements with a third party, system malfunction or employees’ fraud results in any loss on Entrusted Assets, Party B shall indemnify the direct loss resulting therefrom and undertake the civil liability. 12.4 The indemnification liability and civil liability of any party prior to the termination of this Agreement shall survive the termination.

Appears in 2 contracts

Samples: Asset Management Agreement, Asset Management Agreement (China Life Insurance Co LTD)

Breach of Contract and Indemnification. 12.1 14.1 Party A’s violation of its representations, warranties or other provisions hereunder shall constitute Party A’s breach of this Agreement. Party A shall indemnify Party B for losses suffered by Party B as a result of such breach. Party B shall be entitled to give Party A written notice to terminate this Agreement in the case of substantial losses caused by Party A’s breach. The Agreement shall be terminated on the thirtieth day following the receipt of such written notice by Party A, unless otherwise waived by Party B. 12.2 14.2 Party B’s violation of its representations, warranties or other provisions hereunder, the written directives instructions given by Party A hereunder, shall constitute Party B’s breach of this Agreement. Party B shall indemnify Party A for substantial losses suffered by Party A as a result of such breach, and Party B shall not receive the investment management fee for the current period if it has not made such compensation. Party A shall be entitled to give Party B written notice to terminate this Agreement. The Agreement shall be terminated on the thirtieth day following the receipt of such written notice by Party B, unless otherwise waived by Party A. 12.3 14.3 If Party B’s negligence, error in operation, deficiency in the amount of securities and funds, default in provisions of agreements with a third party, system malfunction or employees’ fraud results in any loss on Entrusted Assets, Party B shall indemnify the direct loss resulting therefrom and undertake the civil liability. 12.4 14.4 The indemnification liability and civil liability of any party prior to the termination of this Agreement shall survive the termination.

Appears in 2 contracts

Samples: Asset Management Agreement (China Life Insurance Co LTD), Asset Management Agreement (China Life Insurance Co LTD)

Breach of Contract and Indemnification. 12.1 14.1 Party A’s violation of its representations, warranties or other provisions hereunder shall constitute Party A’s breach of this Agreement. Party A shall indemnify Party B for direct losses suffered by Party B as a result of such breach. Party B shall be entitled to give Party A written notice to terminate this Agreement in the case of substantial losses caused by Party A’s breach. The Agreement shall be terminated on the thirtieth day following the receipt of such written notice by Party A, unless otherwise waived by Party B.B. Table of Contents 12.2 14.2 Party B’s violation of its representations, warranties or other provisions hereunder, hereunder and the written directives instructions given by Party A hereunder, shall constitute Party B’s breach of this Agreement, for which Party B shall promptly take remedy measures and be liable for compensating Party A for any direct losses incurred by Party A as a result of its breach. Party B shall indemnify Party A for against substantial losses suffered by Party A as a result of such breach, and Party B shall not receive the investment management fee and the performance incentive fee (including floating management fee and performance fee for projects with non-fixed return) for the current period if it has not made such compensation. Party A shall be entitled to give Party B written notice to terminate this Agreement. The Agreement shall be terminated on the thirtieth day following the receipt of such written notice by Party B, unless otherwise waived by Party A. 12.3 If 14.3 In case of any loss on Party A’s entrusted assets or bringing compliance risks to Party A due to Party B’s failure to fulfill the duty of care as a trustee such as negligence, error in operation, operation and deficiency in the amount of securities and funds, default or flaws in provisions of agreements with a third party, system malfunction or employees’ employee’s fraud results in any loss on Entrusted Assetsetc., Party B shall indemnify the direct loss resulting therefrom and undertake the assume appropriate civil liabilityliabilities. 12.4 14.4 The indemnification liability and civil liability of any party prior to the termination of this Agreement shall survive the termination.

Appears in 1 contract

Samples: Asset Management Agreement (China Life Insurance Co LTD)

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Breach of Contract and Indemnification. 12.1 13.1 Party A’s violation of its representations, warranties or other provisions hereunder shall constitute Party A’s breach of this Agreement. Party A shall indemnify Party B for losses suffered by Party B as a result of such breach. Party B shall be entitled to give Party A written notice to terminate this Agreement in the case of substantial losses caused by Party A’s breach. The Agreement shall be terminated on the thirtieth day following the receipt of such written notice by Party A, unless otherwise waived by Party B. 12.2 13.2 Party B’s violation of its representations, warranties or other provisions hereunder, the written directives instructions given by Party A hereunder, shall constitute Party B’s breach of this Agreement. Party B shall indemnify Party A for substantial losses suffered by Party A as a result of such breach, and Party B shall not receive the investment management fee for the current period if it has not made such compensation. Party A shall be entitled to give Party B written notice to terminate this Agreement. The Agreement shall be terminated on the thirtieth day following the receipt of such written notice by Party B, unless otherwise waived by Party A. 12.3 13.3 If Party B’s negligence, error in operation, deficiency in the amount of securities and funds, default in provisions of agreements with a third party, system malfunction or employees’ fraud results in any loss on Entrusted Assets, Party B shall indemnify the direct loss resulting therefrom and undertake the civil liability. 12.4 13.4 The indemnification liability and civil liability of any party prior to the termination of this Agreement shall survive the termination.

Appears in 1 contract

Samples: Asset Management Agreement (China Life Insurance Co LTD)

Breach of Contract and Indemnification. 12.1 13.1 Party A’s violation of its representations, warranties or other provisions hereunder shall constitute Party A’s breach of this Agreement. Party A shall indemnify Party B for direct losses suffered by Party B as a result of such breach. Party B shall be entitled to give Party A written notice to terminate this Agreement in the case of substantial losses caused by Party A’s breach. The Agreement shall be terminated on the thirtieth (30th) day following the receipt of such written notice by Party A, unless otherwise waived by Party B. 12.2 13.2 Party B’s violation of its representations, warranties or other provisions hereunder, hereunder and the written directives instructions given by Party A hereunder, shall constitute Party B’s breach of this Agreement, for which Party B shall promptly take remedy measures and be liable for compensating Party A for any direct losses incurred by Party A as a result of its breach. Party B shall indemnify Party A for against substantial losses suffered by Party A as a result of such breach, and Party B shall not receive the investment management fee and the performance incentive fee (including floating management fee and performance fee for projects with non-fixed return) for the current period if it has not made such compensation. Party A shall be entitled to give Party B written notice to terminate this Agreement. The Agreement shall be terminated on the thirtieth (30th) day following the receipt of such written notice by Party B, unless otherwise waived by Party A. 12.3 If 13.3 In case of any loss on Party A’s entrusted assets or bringing compliance risks to Party A due to Party B’s failure to fulfill the duty of care as a trustee such as negligence, error in operation, operation and deficiency in the amount of securities and funds, default or flaws in provisions of agreements with a third party, system malfunction or employees’ employee’s fraud results in any loss on Entrusted Assetsetc., Party B shall indemnify the direct loss resulting therefrom and undertake the assume appropriate civil liabilityliabilities. 12.4 13.4 The indemnification liability and civil liability of any party prior to the termination of this Agreement shall survive the termination.

Appears in 1 contract

Samples: Asset Management Agreement (China Life Insurance Co LTD)

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