Common use of Breach of Contract Liabilities Clause in Contracts

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 accordance with the program schedule. However, if, due to a change in the programs of the various TV channels owned by SMG, the order of a superior authority, or a mechanical failure and like reasons, a program or its broadcasting time or channel has been modified and has thereby made it impossible to broadcast an advertisement or has thereby resulted in an inconsistency between the actual broadcasting of the advertisement and its booking order, no breach shall be deemed to have occurred.

Breach of Contract Liabilities. 6.1 Party B agrees that it 11.1 The Parties 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 strictly comply with the foregoing sentence provisions of this Agreement. Any violation of any obligations hereunder shall be deemed a breach breach. The breaching party shall immediately cure such breach, remove the effects, and, where the other party suffers direct economic losses due to such breach, provide indemnity. 11.2 If Party B defaults on the payment of this Contract. In addition to its right to request the breaching advertising revenue quotas, it shall pay Party to continue to perform this Contract, the non-breaching Party shall also have the right to demand the breaching Party to pay A liquidated damages equal to *****% of the portion of the Contract Price which remains to be performed. 6.3 such due but unpaid amounts; if Party B so defaults on the advertising revenue quota payments for more than 5 business days, it shall make the payments be deemed in accordance with this Contract. Late payment by Party B shall entitle a material breach and Party A to cease shall have the broadcasting of Party B’s advertisements and ultimately, right to unilaterally terminate this Contract Agreement without refunding the agency security deposit. If Party B otherwise materially breaches this Agreement, as a refund result of which Party A becomes unable to achieve the performance security deposit economic benefits as expected by it at the time of execution of this Agreement, and if Party B fails to remedy such breach within 3 business days of receipt of such breach remedy notice from Party B. In additionA, Party A shall have the right to terminate this Agreement without refunding the agency security deposit. 11.3 Party A shall be entitled deemed to request have materially breached this Agreement if it fails to normally broadcast, without cause, the advertisements provided by Party B, except where such failure has been caused by governmental acts, fire, earthquake and other natural disasters or force majeure events beyond the control of Party A. If there has been a material breach by Party A, or if a failure by Party A to fulfill its undertakings hereunder has resulted in Party B’s inability to achieve the economic benefits as expected by it at the time of execution of this Agreement, Party A shall take remedy actions within 3 business days of receipt of written notice of Party B, failing which Party B shall have the right to pay to it a late payment penalty equal to *****% terminate this exclusive general agency contract and Party A shall refund the full amount of the aggregate sum agency security deposit. 11.4 If Party A terminates earlier this Agreement without cause, Party A shall refund the agency security deposit 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 paymentwith interest. 6.4 11.5 If Party B is breach of Article 5.3 hereofterminates earlier this Agreement without cause, Party B shall assume breach of contract liabilities and forfeit the performance agency security deposit deposit. 11.6 If, due to a force majeure event (including changes to relevant policies of the state, emergencies beyond the control of the Parties, etc.) or a serious downfall in China’s overall TV advertising market, it becomes impossible to continue to perform this Agreement, the Parties may, though mutual consultations and Party A shall be entitled to immediately mutual agreement, re-determine, in light of market conditions, relevant quota requirements and may ultimately terminate this ContractAgreement, without any liability to each other, provided that the rights, obligations and liabilities of the Parties accrued prior to such termination shall continue to be exercised or fulfilled in full. 6.5 Party A shall broadcast Party B’s advertisements in accordance with this Contract. 11.7 In the event of an Erroneous Broadcasting erroneous broadcasting or omitted broadcasting caused by Party A rather than by a Omitted Broadcastingforce majeure event, Party A will shall make up the broadcasting to the extent permissible by its programs scheduling and, in accordance with so doing shall not make use of the originally arranged advertising space. The principle of “One Maketo govern the making-up Broadcasting for One Erroneous Broadcasting; Two Make-up Broadcastings for One Omitted Broadcasting”, with the of a broadcasting shall be “1 make-up broadcasting time slots to be arranged for by each erroneous broadcasting; 1 make-up broadcastings for each omitted broadcasting”. Party A in accordance with the program schedule. However, if, due to a change in the programs of the various TV channels owned by SMG, the order of a superior authority, or a mechanical failure and like reasons, a program or its broadcasting time or channel has been modified and has thereby made it impossible to broadcast an advertisement or has thereby resulted in an inconsistency between the actual broadcasting of the advertisement and its booking order, no breach B shall be deemed to have occurredsolely liable for any erroneous or omitted broadcasting caused by itself.

Breach of Contract Liabilities. 6.1 9.1 The Parties shall strictly comply with, and refrain from breaching, the provisions of this Contract. The breaching party shall indemnify the non-breaching party against any direct economic losses suffered by the latter as a result of its breach. 9.2 Party B agrees that it shall immediately notify be deemed in breach if Party A of any of its breaches of B fails to make 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 advertising revenue quota payments in accordance with this Contract for more than 5 business days. Party A shall have the right to immediately give a notice requesting remedy of breach and Party B shall within 3 business days of receipt of such notice remedy the breach, failing which Party A shall have the right to terminate the exclusive general agency contract without a refund of the performance security deposit. 9.3 Party A shall be deemed to have materially breached this Contract if it fails to normally broadcast, without cause, the advertisements provided by Party B, except where such failure has been caused by governmental acts, fire, earthquake and other natural disasters or force majeure events beyond the control of Party A. If there has been a material breach by Party A, or if a failure by Party A to fulfill its undertakings hereunder has resulted in Party B’s inability to achieve the economic benefits as expected by it at the time of execution of this Contract, Party A shall take remedy actions within 3 business days of receipt of a written notice of Party B, failing which Party B shall have the right to terminate this Contractexclusive general agency contract and Party A shall refund the performance security deposit with interest. 6.2 Upon its entry into force, 9.4 If Party A terminates earlier this Contract without cause, Party A shall not be unduly modified or terminated by neither refund the performance security deposit of Party B with interest. If Party B terminates earlier this Contract without cause, Party B shall forfeit the performance security deposit. 9.5 If, due to a force majeure event (including changes to relevant policies of the state, emergencies beyond the control of the Parties. In addition to complying with laws and relevant contractual provisions, any termination etc.) 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 serious downfall 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 China’s overall TV advertising market, it becomes impossible to continue to perform this Contract, the nonParties may, though mutual consultations and mutual agreement, re-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 shalldetermine, in addition to the late payment penaltylight of market conditions, 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 relevant quota requirements and forfeit the performance security deposit and Party A shall be entitled to immediately may ultimately terminate this Contract, without any liability to each other, provided that the rights, obligations and liabilities of the Parties accrued prior to such termination shall continue to be exercised or fulfilled in full. 6.5 Party A shall broadcast Party B’s advertisements in accordance with this Contract. 9.6 In the event of an Erroneous Broadcasting erroneous broadcasting or omitted broadcasting caused by Party A rather than by a Omitted Broadcastingforce majeure event, Party A will shall make up the broadcasting to the extent permissible by its programs scheduling and, in accordance with so doing shall not make use of the originally arranged advertising space. The principle of “One Maketo govern the making-up Broadcasting for One Erroneous Broadcasting; Two Make-up Broadcastings for One Omitted Broadcasting”, with the of a broadcasting shall be “1 make-up broadcasting time slots to be arranged for by each erroneous broadcasting; 2 make-up broadcastings for each omitted broadcasting”. Party A in accordance with the program schedule. However, if, due to a change in the programs of the various TV channels owned by SMG, the order of a superior authority, or a mechanical failure and like reasons, a program or its broadcasting time or channel has been modified and has thereby made it impossible to broadcast an advertisement or has thereby resulted in an inconsistency between the actual broadcasting of the advertisement and its booking order, no breach B shall be deemed to have occurredsolely liable for any erroneous or omitted broadcasting caused by itself.

Breach of Contract Liabilities. 6.1 8.1 The Parties shall strictly comply with, and refrain from breaching, the provisions of this Contract. The breaching party shall indemnify the non-breaching party against any direct economic losses suffered by the latter as a result of its breach. 8.2 Party B agrees that it shall immediately notify be deemed in breach if Party A of any of its breaches of B fails to make the foregoing provisions and shall timely take actions to duly remedy advertising revenue quota payments in accordance with this Contract for more than 5 business days. If the same; and that it shall solely assume all relevant lossesbreach by Party B is deemed material, responsibilities, obligations and expenses and breach of contract liabilities; and that Party A shall have the right to immediately give a notice requesting remedy of breach and Party B shall within 3 business days of receipt of such notice remedy the breach, failing which Party A shall have the right to terminate the exclusive general agency contract without a refund of the performance security deposit. 8.3 Party A shall be deemed to have materially breached this Contract if it fails to normally broadcast, without cause, the advertisements provided by Party B, except where such failure has been caused by governmental acts, fire, earthquake and other natural disasters or force majeure events beyond the control of Party A. If there has been a material breach by Party A, or if a failure by Party A to fulfill its undertakings hereunder has resulted in Party B’s inability to achieve the economic benefits as expected by it at the time of execution of this Contract, Party A shall take remedy actions within 3 business days of receipt of a written notice of Party B, failing which Party B shall have the right to terminate this Contractexclusive general agency contract and Party A shall refund the performance security deposit with interest. 6.2 Upon its entry into force, 8.4 If Party A terminates earlier this Contract without cause, Party A shall not be unduly modified or terminated by neither refund the performance security deposit of Party B with interest. 8.5 If Party B terminates earlier this Contract without cause, Party B shall forfeit the performance security deposit. 8.6 If, due to a force majeure event (including changes to relevant policies of the state, emergencies beyond the control of the Parties. In addition to complying with laws and relevant contractual provisions, any termination etc.) 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 serious downfall 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 China’s overall TV advertising market, it becomes impossible to continue to perform this Contract, the nonParties may, though mutual consultations and mutual agreement, re-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 shalldetermine, in addition to the late payment penaltylight of market conditions, 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 relevant quota requirements and forfeit the performance security deposit and Party A shall be entitled to immediately may ultimately terminate this Contract, without any liability to each other, provided that the rights, obligations and liabilities of the Parties accrued prior to such termination shall continue to be exercised or fulfilled in full. 6.5 Party A shall broadcast Party B’s advertisements in accordance with this Contract. 8.7 In the event of an Erroneous Broadcasting erroneous broadcasting or omitted broadcasting caused by Party A rather than by a Omitted Broadcastingforce majeure event, Party A will shall make up the broadcasting to the extent permissible by its programs scheduling and, in accordance with so doing shall not make use of the originally arranged advertising space. The principle of “One Maketo govern the making-up Broadcasting for One Erroneous Broadcasting; Two Make-up Broadcastings for One Omitted Broadcasting”, with the of a broadcasting shall be “1 make-up broadcasting time slots to be arranged for by each erroneous broadcasting; 2 make-up broadcastings for each omitted broadcasting”. Party A in accordance with the program schedule. However, if, due to a change in the programs of the various TV channels owned by SMG, the order of a superior authority, or a mechanical failure and like reasons, a program or its broadcasting time or channel has been modified and has thereby made it impossible to broadcast an advertisement or has thereby resulted in an inconsistency between the actual broadcasting of the advertisement and its booking order, no breach B shall be deemed to have occurredsolely liable for any erroneous or omitted broadcasting caused by itself.

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 ContractAgreement. 6.2 Upon its entry into force, this Contract Agreement shall not be defaulted, incompletely performed, 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 Agreement 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 ContractAgreement. In addition to its right to request the breaching Party to continue to perform this ContractAgreement, 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 Agreement Price which remains to be performed. 6.3 Party B shall make the payments in accordance with this ContractAgreement. 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 Agreement without a refund of the performance security guarantee 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 daysdays (including the given ten days to make up the deducted guarantee deposit), 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 guarantee deposit and Party A shall be entitled to immediately terminate this ContractAgreement. 6.5 Party A shall broadcast Party B’s advertisements in accordance with this ContractAgreement. 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 accordance with the program schedule. However, if, due to a change in the programs of the various TV channels owned by SMGParty A, the order of a superior authority, or a mechanical failure and like reasons, a program or its broadcasting time or channel has been modified and has thereby made it impossible to broadcast an advertisement or has thereby resulted in an inconsistency between the actual broadcasting of the advertisement and its booking order, no breach shall be deemed to have occurred. 6.6 Should anyone from Party B’s end interfere the ratings, Party A shall have the right to take relevant measures until it terminate this Agreement without conditions and retain the right to claim for any legal responsibility. 6.7 Party B shall independently operate the project provided under this Agreement, and shall not assign or subcontract the project provided under this agreement by any means. Party B shall be the same entity operating the project provided under this agreement, and shall not change or transfer in any ways (including joint venture or cooperation agreement). Party B, who operates the project under this agreement, shall not co-operate with any other 2011 projects of party A by any means. Should Party A find this situation, Party B shall be deemed default, and Party A is entitled to confiscate party B’s guarantee deposit and terminate this Agreement immediately.