Breach of Contract Liabilities. If Party B fails to fulfill his obligations under relevant non-competition restriction provisions hereof, Party B shall assume breach of contract liabilities by paying, on a lump sum basis, liquidated damages in the amount of RMB Fifty Thousand (RMB 50,000). If such liquidated damages are not sufficient to cover the economic losses of Party A, Party B shall provide additional indemnification. Party B shall return to Party A all of the gains derived from his breach.
Breach of Contract Liabilities. 6.1 Party B agrees that it shall immediately notify Party A of any of its breaches of the foregoing provisions and shall timely take actions to duly remedy the same; and that it shall solely assume all relevant losses, responsibilities, obligations and expenses and breach of contract liabilities; and that Party A shall have the right to immediately terminate this Contract.
6.2 Upon its entry into force, this Contract shall not be unduly modified or terminated by neither of the Parties. In addition to complying with laws and relevant contractual provisions, any termination or modification of this Contract shall be subject to the mutual agreement of the Parties and shall be effected by a separate supplementary agreement to be entered into by the Parties in accordance with law. Failure to comply with the foregoing sentence shall be deemed a breach of this Contract. In addition to its right to request the breaching Party to continue to perform this Contract, the non-breaching Party shall also have the right to demand the breaching Party to pay liquidated damages equal to *****% of the portion of the Contract Price which remains to be performed.
6.3 Party B shall make the payments in accordance with this Contract. Late payment by Party B shall entitle Party A to cease the broadcasting of Party B’s advertisements and ultimately, to unilaterally terminate this Contract without a refund of the performance security deposit to Party B. In addition, Party A shall be entitled to request Party B to pay to it a late payment penalty equal to *****% of the aggregate sum of late payment for each day of delay until full settlement of such late payment. If a payment by Party B becomes overdue for more than 30 days, Party B shall, in addition to the late payment penalty, pay to Party A late payment damages equal to *****% of the overdue payment.
6.4 If Party B is breach of Article 5.3 hereof, Party B shall assume breach of contract liabilities and forfeit the performance security deposit and Party A shall be entitled to immediately terminate this Contract.
6.5 Party A shall broadcast Party B’s advertisements in accordance with this Contract. In the event of an Erroneous Broadcasting or a Omitted Broadcasting, Party A will make up the broadcasting in accordance with the principle of “One Make-up Broadcasting for One Erroneous Broadcasting; Two Make-up Broadcastings for One Omitted Broadcasting”, with the make-up broadcasting time slots to be arranged for by Party A in accordan...
Breach of Contract Liabilities. 7.1 If Lessor fails to timely deliver the premises to Lessee for use, Lessor shall pay liquidated damages in the amount of RMB 1,000.
7.2 If Lessee defaults in any rent payment, Lessee shall, in addition to timely paying up such defaulted rent, pay liquidated damages in an amount equal to 10% of the defaulted rent.
7.3 If, in breach of this Contract, Lessee grants, without authorization, the use of the premises leased hereunder to a third party, Lessee shall pay liquidated damages in an amount equal to 10% of the rent and shall, where the premises are damaged as a result of such unauthorized grant of use, be liable to indemnify against such damage.
Breach of Contract Liabilities. If any of the three Parties violates any provision of this Agreement or attachment hereto with the result that this Agreement or any attachment hereto cannot be performed, the breaching Party shall assume all the liabilities of breach of contract in accordance with the law. CHAPTER 18 -- FORCE MAJEURE
Breach of Contract Liabilities. If either party to this agreement breaches any terms of this agreement and does not fulfill its obligations properly and completely, such party shall bear the liabilities for such breach. Where the defaulting party causes any liabilities and damages to the other party as a result thereof, the defaulting party shall indemnify the non-defaulting party.
Breach of Contract Liabilities. 6.1 Any of the following circumstances on the part of any Party to this Agreement shall constitute breach of contract:
6.1.1 Failure to perform any obligation hereunder;
6.1.2 Breach of any representation, warranty or covenant hereunder; or
6.1.3 Any untrue or misleading representation or warranty hereunder (whether or not in good faith).
6.2 In the event of any breach mentioned above, the non-defaulting Party has the right to require the defaulting Party to amend such breach within thirty (30) days after the occurrence of or the non-defaulting Party’s knowledge of such breach; should the defaulting Party fail to amend such breach within the specified time period, the non-defaulting Party has the right to terminate this Agreement and claim damages and breach of contract liabilities against the defaulting Party.
Breach of Contract Liabilities. If the Guarantor violates the provisions of this Contract, or if any of the representations or warranties of the Guarantor in Article 5 hereof is proved incorrect or misleading, and if the Lender has as a result suffered financial losses, the Guarantor shall indemnify against such losses.
Breach of Contract Liabilities. 1. Party A reserves the right to terminate this contract if Party B fails to accomplish the missions provided in Clause 2-3. Party B shall refund Party A all the payments if at its fault.
2. This contract shall be terminated if Party B violates Clause 4 and Party B shall be the party to bear all the direct or indirect financial consequence of disclosure.
3. This contract shall be terminated if Party A violates Clause 4 and Party A shall be the party to bear all the direct or indirect financial consequence of disclosure. Clause VI. Acceptance Standard and Inspection Approach Both parties agree to the following criteria and approaches for inspecting and accepting the technical services rendered by Party B.
1. The method by which Party B renders the technical service: for the term of this Contract, maintaining the financial information management system and providing technical supports.
Breach of Contract Liabilities. 8.1 Upon effectiveness of this Agreement, if any Party fails to perform its obligations hereunder and thereby causes losses to the other Party, such Party shall indemnify such other Party against all of its losses (including reasonable expenses incurred for the purpose of averting such losses).
8.2 If any Party fails to fulfill any obligation of paying a monetary amount or any obligation that can be quantified into an obligation of paying a monetary amount, then such Party shall pay a late payment penalty for each day of delay at a daily rate of 0.3% up to the date of actual payment.
Breach of Contract Liabilities. 14.1 Unless otherwise provided herein, if any Party breaches any of its obligation or its representations, warranties or covenants hereunder and causes losses to the other Party, such Party shall fully indemnify such other Party against all of its losses.
14.2 If, upon execution of this Agreement, this Transaction is terminated or fails due to a subjective cause or intentional act on the part of Party B, then Party B shall within 30 days from receipt of the Transaction termination notice of Party A pay RMB 5 million of liquidated damages to Party A. If Party B breaches relevant warranties or covenants hereunder, or provide false materials to Party A, or has circumstances of falsification in sales or finances, then Party A shall be entitled to unconditionally terminate the Transaction at any time. If, upon execution of this Agreement, this Transaction is terminated or fails due to a subjective cause or intentional act on the part of Party A, then Party A shall within 30 days from receipt of the confirmation of the termination or failure of the Transaction pay RMB 5 million of liquidated damages to Party B.
14.3 If any Party fails to fulfill any obligation of paying a monetary amount or any obligation that can be quantified into an obligation of paying a monetary amount, then such Party shall pay a late payment penalty for each day of delay at a daily rate of 0.3% up to the date of actual payment.
14.4 The de facto controller of Party B shall assume joint and several liabilities with respect to Party B’s breach of contract liabilities, Party B’s indemnification liabilities arising out of SubjectCo or Contingent Liabilities, make-up payments in relation to the covenanted net profits of SubjectCo, and similar circumstances.
