Breach of Contract and Liability. 12.1 The Agreement’s provisions on breach of contract and liability also apply to the Data Pro- cessing Agreement.
Breach of Contract and Liability. 13.1 Any of the conditions below shall be deemed as a Breach of Contract by Mortgagers:
(a) Any breach of the Equity Purchase Agreement by Mortgagers;
(b) Value of the Collateral decreased due to the fault of any of the Mortgagers;
(c) Mortgagers’ insurance obligations under Article X were not fulfilled; or
(d) Mortgagers disposed or set up mortgage on the Collateral without written consent of Mortgagee.
13.2 Upon the occurrence of any of Breach of Contract set forth in this Agreement, Mortgagee shall be entitled to (not as an obligation), one or more remedies set forth below as indemnification:
(a) Requiring Mortgagers to provide guarantees equivalent to the decreased value of the Collateral;
(b) Requiring Mortgagers to pay all the Secured Debt;
(c) Realizing the mortgage under this Agreement;
(d) Requiring Mortgagers to indemnify the damages of Mortgagee directly caused by its Breach of Contract.
Breach of Contract and Liability. 10.1 Should either Party ("the defaulting party") to this Agreement breach any material term of this Agreement and fail to remedy such breach within 20 (twenty) Business Days of the date of receipt of a written notice from the other Party ("the aggrieved party") requiring such breach to be remedied, the aggrieved party will be entitled immediately to cancel this Agreement by written notice to the defaulting party, which cancellation will be without prejudice to any other rights which the aggrieved party may at law enjoy arising out of such breach and/or cancellation.
10.2 In case of early termination of this agreement, <LO> and the WCRIF agree to collaborate and agree upon any external communication about the termination of the agreement or cancellation of the event so as to ensure that both Parties are protected from any damage to their entity or reputation. If cancellation of the Xth WCRI is necessitated by events outside the control of the Parties (such as natural disaster or other emergency), the WCRIF and <LO> shall collaborate and agree upon effective cancellation and all related communications.
10.3 Nothing in this Agreement shall restrict the liability of either Party for death or personal injury arising from its negligence or for fraud.
10.4 Neither Party shall be liable vis-à-vis each other for any indirect or consequential loss, and/or incidental, special, exemplary or punitive damages, including but not limited to: loss of profit; loss of goodwill; loss of use and/or loss of production or other business interruption; loss of third party contracts or for damages/penalties of any description suffered under such contracts; irrecoverable business overheads; economic loss or any indirect or consequential loss; or loss of use, revenue, profits, contract and/or production; however caused or arising in connection with this Agreement whether or not foreseeable at the date of this Agreement and irrespective of whether caused by negligence or by any other act(s) or breach(es) of this Agreement.
Breach of Contract and Liability. 6.1. The Renter shall pay compensation for the damage of the wheels, running gear and tyres, the non-accidental damages of the interior and accessories of the vehicle, and the damages of the documents or keys of the vehicle. The Renter shall take responsibility for every legal and financial damage or loss, which occurs due to the non-compliance with the provisions of this Agreement or the current legislation, particularly but not exclusively fines, penalties, obligations resulting from parking and road traffic, and other costs connected to it (e.g. fee of an expert's opinion). The Renter shall pay compensation for the damages occurred due to the level decrease and draining of coolants and lubricants.
6.2. The Owner can terminate the Agreement immediately, if the Renter breaches the obligations specified in this Agreement or the legislation.
6.3. The Renter is fully liable for the damage in terms of breaching the obligations specified in this Agreement or any damage resulting from it, including the possible legal costs emerging from its validation, and other justified costs.
Breach of Contract and Liability. 1. After this Agreement comes into effect, all parties shall fully, properly and timely perform their obligations and agreements as per the provisions of this Agreement. If any party to this Agreement violates the terms agreed herein, it shall constitute a breach of contract.
2. After this Agreement comes into effect, all parties must conscientiously perform. In case of any breach of contract by either party, the breaching party shall pay liquidated damages to the observant party and compensate for the direct and indirect losses caused to the observant party due to its breach of contract. P3
Breach of Contract and Liability. 12.1 Any breach of this agreement or the guarantees and promises made by either party constitutes a breach of contract, and the breaching party shall compensate the other party for the losses caused by its breach of contract.
12.2 Failure to exercise or delay in exercising a right under this Agreement or the law does not constitute a waiver of that or other rights. The single or partial exercise of a right under this Agreement or the law does not prevent its further continued exercise of that or other rights.
Breach of Contract and Liability. 10.1 This Agreement may be terminated by either Party for any breach of any of the material obligations set out in this Agreement, by giving not less than ninety (90) days' written notice to the other of its intention to terminate. This refers foremost to the situation that a Party either wants to withdraw from organizing the ..WCRI, wants to hand over the organization to a third party, or wants to significantly change the nature of the ..
Breach of Contract and Liability. 10.1 The present License Agreement may be terminated by either Party for a major breach of the obligations set out in this License Agreement, by giving not less than ninety (90) days written notice to the other Party of its intention to terminate. For the purpose of this Article, a breach of this License Agreement also covers the cases in which one of the Parties
10.2 In the event that the Licensee breaches the License Agreement and the breach cannot
10.3 If as a result of the existence of circumstances of a force majeure nature, including but not limited to increased epidemiological hazard resulting in serious legal or actual hindrances in organising events and meetings, or mobility of people, the Licensee will be entitled to call upon EuroScience to immediately begin negotiations for such modification of this Agreement that the objective for both Parties may be attained to the maximum possible level. In such a case, the Parties commit to holding negotiations in good faith, the object of which will be specifically such changes of the binding dates of the Agreement or its other conditions, as will be justified with the existing force majeure circumstances, and which will enable the Parties to attain the objective of this Agreement. If as a result of such negotiations, the Parties do not sign a separate memorandum of understanding in this connection, the fees provided for in this Agreement shall be reduced pro rata to the duration and scale of such circumstances.
10.4 In the event that EuroScience breaches the License Agreement and the breach cannot be or is not remedied, the remitted license fee payments shall be refunded on a pro-rata basis for the term concerned.
10.5 In the event of a breach of contract, the Licensee and EuroScience agree to collaborate on and harmonise the external communication regarding the cancellation of the use of the Trademark to ensure that the Parties are protected from any damage to their identity and reputation.
10.6 In no event shall EuroScience be liable for any consequential, incidental, indirect, punitive or special damages whatsoever, including without limitation damages related to loss of profits, business interruptions or any commercial damages or losses, loss of goodwill or anticipated savings, or claims arising out of the Licensee͛s acts or omissions.
10.7 The Licensee shall indemnify EuroScience, to the full extent legally permitted, against any claims and demands arising out of the Licensee͛s acts or omissions whic...
Breach of Contract and Liability. (1) In the event that Xingtai fails to make the payment within 10 days grace period after the due date of any payment Xingtai obligated to make, Xingtai shall pay daily liquidated damage to Yingfeng and FOTIC in the amount equal to 0.03 percent of the delayed payment.
(2) In the event that Yingfeng fails to complete the TRT system by the due date prescribed in Section 6 of this Contract, Yingfeng shall pay daily liquidated damage to Xingtai in the amount equal to 0.03 percent of total cost of the TRT project.
(3) Notwithstanding any other provision of this Contract, if either Xingtai or Yingfeng is delayed in or prevented from fulfilling any of its obligations hereunder by reason of any cause beyond its reasonable control (including, but not limited to acts of God, fire, third party strike, flood, delay of transportation or inability to obtain necessary raw materials through normal commercial channels), then that party will not be liable under this Contract for damages resulting from such delay or failure.
(4) Other breach of contract will be settled pursuant to contract law.
Breach of Contract and Liability. 1. Any of the following shall constitute or be deemed to be a breach by the Borrower under this Contract:
(1) the borrower failed to repay the loan principal and interest under this contract in accordance with the contract and other payables, or refused to cooperate with the lender in the loan after the inspection as well as regulatory capital, or to fulfill any other obligation under this contract, or the borrower to provide "credit file information distortion, does not comply with the statement promising matter, or promise to do a statement that false error omission concealment.
(2) The Borrower fails to use the funds obtained for the agreed purposes as agreed herein.
(3) failure to discharge, fail to perform or breach the security obligations of the third person as the debtor and other obligations under this Agreement after the maturity of any other debts of the Borrower (including being declared to be due earlier) has or may affect the performance of the borrower's obligations under this Contract.
(4) The guarantee hereunder has changed to the detriment of the creditor's rights, and the borrower has not otherwise provided other guarantees recognized by the lender.
(5) The borrower's profitability, solvency, operating capacity, cash flow and other financial indicators break the agreed standards or deteriorate, which has or may affect the performance of the borrower's obligations under this Contract.
(6) The borrower's equity structure, production and operation, foreign investment and other major adverse changes, has or may affect the performance of its obligations under this Contract.
(7) The borrower involved or may involve major economic disputes arbitration proceedings, or the seizure of assets seized or be enforced, or by the judicial organ or administrative organ in accordance with the initiate an investigation or punishment measures in accordance with the law, or for violating the relevant provisions of the state or policy was exposed by the media, has or may affect the fulfillment of its obligations under this contract.
(8) The performance of the Borrower's obligations under this Contract has been or is likely to be affected by the disappearance or investigation by judicial authorities of the key personnel of the borrower's principal investor.
(9) Using false contracts with related parties to discount or pledge creditor's rights such as notes receivable and accounts receivable with no actual trade background to get funds or credit from the bank;W...
