Breach of Contract Liability. 13.1 If Party A reclaims the property early due to reasons in Articles 12.1 and 12.2, Party A shall return Party B’s performance deposit (minus any penalties) and the rent for the remaining lease term. 13.2 If Party B terminates the lease early for reasons not attributable to Party A, the rent for the remaining period shall be refunded, but the performance deposit will not be returned. 13.3 If Party B violates Article IV of this contract by delaying rent payment, for delays of up to one month (inclusive), Party B shall pay Party A a penalty of 0.05% of the overdue rent amount for each day of delay. For delays exceeding one month, Party A has the right to terminate the contract and reclaim the property, and Party B shall pay a penalty of 10% of the total rent. 13.4 If Party B fails to vacate the property more than 3 days after the lease term ends, they shall pay Party A a penalty of 120% of the daily rent until the property is returned to Party A. If the delay exceeds two months, Party A may reclaim the property, and any items left inside will be considered abandoned by Party B, allowing Party A to dispose of them. Party B shall bear the losses and costs incurred in reclaiming the property. 13.5 Party A implements a “one-vote veto” system for fire safety, production safety, and management creation. If Party B violates any of these regulations, they shall follow the provisions set out in the “Safety Production Responsibility Agreement” and “Civilized Creation Responsibility Agreement for Leased Properties and Sites” signed with Party A. If Party B receives three rectification notices and fails to make corrections, Party A has the right to terminate the contract, the performance deposit will not be refunded, and Party B shall also bear corresponding compensation and legal liabilities. 13.6 If Party B violates this contract by illegally constructing, unilaterally changing the property’s structure or use, subleasing to others, or causing harm or losses, Party A has the right to terminate the contract, reclaim the property, and not refund the performance deposit in addition to claiming actual damages and requiring Party B to restore the property to its original condition. 13.7 If Party B fails to pay the performance deposit on time as stipulated in Article V of this contract, and the delay is within 15 days (inclusive), Party A may notify Party B in writing to make the payment promptly; if the delay exceeds 15 days, Party A has the right to terminate the contract. 13.8 If Party B violates the provisions of Article XVI regarding safety production and sanitation, resulting in significant issues or insufficient rectification, causing losses or hazards, Party B shall bear responsibility, and Party A has the right to claim actual damages or terminate the contract and reclaim the property. 13.9 After Party A notifies Party B of the termination of the contract, Party B shall vacate the property within 3 days from the date of notification. If they fail to do so, it will be treated as a failure to vacate upon expiration of the lease. 13.10 If Party B’s violation of other obligations in this contract leads to losses for Party A, Party A has the right to seek compensation from Party B based on the actual losses incurred.
Appears in 2 contracts
Samples: Housing Lease Agreement (MaxsMaking Inc.), Housing Lease Agreement (MaxsMaking Inc.)
Breach of Contract Liability. 13.1 (I) If Party A reclaims fails to make payments to Party B as per the property early due to reasons in Articles 12.1 and 12.2contract, Party A shall return pay Party B a penalty of 2‰ of the unpaid amount for each day of delay. If the delay exceeds 10 days, Party B has the right to unilaterally terminate or dissolve the contract without bearing breach of contract liability. Party A shall still pay for the work results already delivered by Party B. If Party B requests to continue performing the contract, Party A must pay the penalty as mentioned above first. Party A shall also make payments to Party B according to the contract. The date of Party B’s contract performance deposit (minus any penalties) and will be extended accordingly from the rent date Party B receives the penalty. However, the total penalty for late payment shall not exceed 30% of the remaining lease termtotal contract amount.
13.2 (II) If Party B terminates the lease early contract due to Party A’s fault, Party A shall pay Party B based on the price of the delivered and completed software. After Party A makes the payment, Party B shall deliver the paid software to Party A. If Party A wishes to use the accepted software in the future, it shall continue to use it according to the terms of this contract and pay Party B a penalty of 20% of the total contract amount.
(III) If Party B fails to complete the project acceptance and delivery on time for reasons not attributable to Party A, the rent for the remaining period shall be refunded, but the performance deposit will not be returned.
13.3 If Party B violates Article IV of this contract by delaying rent payment, for delays of up to one month (inclusive), Party B shall pay Party A a penalty of 0.05% 2‰ of the overdue rent amount total contract price to Party A for each day of delay. For delays exceeding one monthHowever, the total penalty for late acceptance and delivery shall not exceed 30% of the total contract amount. If Party A agrees in writing, Party B may be granted a grace period of 30 natural days, during which the calculation of the penalty payable by Party B shall be suspended. The deadline for Party B to pay the penalty to Party A has shall start from the right to terminate expiration of the contract and reclaim grace period (excluding the propertygrace period), and Party B shall pay a penalty of 10% 2‰ of the total rent.
13.4 If Party B fails contract amount to vacate the property more than 3 days after the lease term ends, they shall pay Party A a penalty of 120% of the daily rent until the property is returned to Party A. for each day. If the delay exceeds two months50 days (excluding the grace period), Party A may reclaim has the propertyright to unilaterally terminate or dissolve the contract. The penalty already paid by Party B will not be refunded, and any items left inside will be considered abandoned Party B must refund all the contract payments received.
(IV) If the software delivered by Party B, allowing Party A to dispose of them. Party B shall bear or its operation results do not meet the losses contract requirements during the testing period and costs incurred in reclaiming the property.
13.5 Party A implements a “one-vote veto” system for fire safety, production safety, and management creation. If Party B violates any of these regulations, they shall follow the provisions set out in the “Safety Production Responsibility Agreement” and “Civilized Creation Responsibility Agreement for Leased Properties and Sites” signed with Party A. If Party B receives three rectification notices and fails to make correctionscannot be improved through modifications, Party A has the right to terminate or dissolve the contract. In such a case, the performance deposit will not be refunded, and Party B shall also bear corresponding compensation refund all the contract payments received and legal liabilities.pay a penalty of 20% of the total contract amount to Party A.
13.6 (V) The software system delivered by Party B should not contain any software that can automatically terminate or disrupt the system’s operation. If such software is found, Party B must repair it within 10 working days. If this causes losses to Party A, Party B must compensate Party A for the actual losses. If Party B violates this contract by illegally constructing, unilaterally changing cannot repair the property’s structure or use, subleasing to others, or causing harm or losses, Party A has the right to terminate the contract, reclaim the property, and not refund the performance deposit in addition to claiming actual damages and requiring Party B to restore the property to its original condition.
13.7 If Party B fails to pay the performance deposit on time as stipulated in Article V of this contract, and the delay is issue within 15 days (inclusive), Party A may notify Party B in writing to make the payment promptly; if the delay exceeds 15 10 working days, Party A has the right to terminate or dissolve the contract.
13.8 If Party B violates the provisions of Article XVI regarding safety production and sanitation, resulting in significant issues or insufficient rectification, causing losses or hazards. In this case, Party B shall bear responsibilityrefund all the contract payments received and pay a penalty of 20% of the total contract amount to Party A.
(VI) Party B is not allowed to subcontract the project covered by this contract to a third party without prior authorization. If Party B does so, it shall pay a penalty of 20% of the total contract amount to Party A, and Party B shall still fulfill all obligations under this contract. Party A may also choose to terminate or dissolve the contract and request Party B to refund all the contract payments received.
(VII) Without the written consent of either party, if one party discloses the commercial information or data of the other party obtained during the performance of this contract to a third party or uses it for other projects, it shall compensate the other party for all losses incurred and pay a penalty of 20% of the total contract amount to the other party.
(VIII) Except as otherwise specified in this contract, if either party violates any provision in the guarantee section of Article 11, the non-breaching party has the right to claim actual damages unilaterally terminate or terminate dissolve the contract. The breaching party shall pay the contract amount to the non-breaching party in accordance with the current situation and reclaim a penalty of 20% of the propertytotal contract amount.
13.9 After Party A notifies (IX) During the maintenance period, if Party B of is unable to resolve faults within the termination of the contractspecified time on three occasions within six months without Party A’s consent, Party B shall vacate the property within 3 days from the date pay a penalty of notification. If they fail ¥10,000 to do so, it will be treated as a failure Party A and continue to vacate upon expiration of the leaseprovide maintenance services.
13.10 If (X) The penalties agreed upon by Party B’s violation of other obligations B in this contract leads to losses for can be deducted from Party A’s outstanding payments. If Party B is liable for penalties and pays them to Party A as per this contract, and the penalties are insufficient to cover Party A’s actual losses, Party B must compensate Party A has for the right to seek compensation from remaining amount.
(XI) Party A and Party B based on shall not unilaterally terminate the actual contract without justifiable reasons. Otherwise, the party in breach shall compensate the other party for all losses incurredsuffered and pay a penalty of 20% of the total contract amount to the non-breaching party.
Appears in 2 contracts
Samples: Technology Development Contract (3 E Network Technology Group LTD), Technology Development Contract (3 E Network Technology Group LTD)
Breach of Contract Liability. 13.1 If (I) In the event that Party A reclaims fails to make the property early due contractually agreed payment to reasons in Articles 12.1 and 12.2Party B, for each day of delay, Party A shall return be liable to pay Party B liquidated damages amounting to 2‰ of the total contract price. Should the delay extend beyond 10 days, Party B reserves the right to unilaterally terminate or dissolve the contract without incurring any liability for breach. Party A shall remain obligated to compensate Party B for the delivered work results. If Party B requests to continue fulfilling this contract, Party A must first pay the specified liquidated damages as per the aforementioned standards, and then make the contractually stipulated payments. The timeline for Party B’s performance deposit (minus any penalties) and the rent for the remaining lease term.
13.2 If Party B terminates the lease early for reasons not attributable to Party A, the rent for the remaining period shall be refunded, but the performance deposit will not be returned.
13.3 If Party B violates Article IV of this contract will be adjusted accordingly, starting from the day Party B receives the liquidated damages. However, the cumulative total of liquidated damages for late payments shall not exceed 30% of the total contract amount.
(II) In the event of Party A’s wrongdoing leading to the termination of the contract by delaying rent Party B, Party A shall compensate Party B based on the price of the software already delivered and completed. Following Party A’s payment, for delays of up to one month (inclusive), Party B shall deliver the paid-for software to Party A. If Party A intends to use the accepted software in the future, it must still adhere to the terms of this contract. Additionally, Party A shall be liable to pay Party A a penalty of 0.05B liquidated damages equivalent to 20% of the overdue rent amount total contract amount.
(III) If Party B, not due to Party A’s fault, fails to complete the project acceptance and delivery on time, it shall incur liquidated damages equivalent to 2‰ of the total contract price for each day of delay. For delays exceeding one monthHowever, the cumulative total of liquidated damages for late acceptance and delivery shall not exceed 30% of the total contract amount. If Party A provides written consent, Party B may be granted a grace period of 30 natural days during which the calculation of liquidated damages payable by Party B shall be suspended. Upon the expiration of the grace period or the contractually specified timeframe, Party B fails to complete the project acceptance, and Party B shall be liable to pay Party A liquidated damages of 2‰ of the total contract amount per day. In the event that the delay exceeds 50 days (excluding the grace period), Party A has the unilateral right to terminate or dissolve the contract and reclaim the propertycontract. Party A shall not refund any liquidated damages already paid by Party B, and Party B shall return all payments made under the contract.
(IV) If the software delivered by Party B or its operational results fail to meet the contract specifications during the testing period and cannot be rectified through modifications, Party A reserves the right to terminate or rescind the contract, with Party B being obligated to refund all payments received.
(V) The software system provided by Party B must not contain any software that can automatically terminate or obstruct the system’s operation. In the event of such an issue, Party B is required to rectify it within 10 working days. Should Party A incur any losses due to this issue, Party B shall compensate Party A for the actual damages suffered. If Party B is unable to effect the repair within the stipulated 10-day period, Party A retains the right to terminate or rescind the contract, and Party B must refund all contract payments received.
(VI) Party B is prohibited from subcontracting the project to a third party without prior authorization. Failure to comply will result in Party B being liable to pay a penalty of 10liquidated damages to Party A, equivalent to 20% of the total rent.
13.4 If contract amount. Party B fails to vacate must still fulfill all obligations as outlined in the property more than 3 days after the lease term ends, they shall pay Party A a penalty of 120% of the daily rent until the property is returned to Party A. If the delay exceeds two monthscontract. Alternatively, Party A may reclaim opt to terminate or rescind the propertycontract and request Party B to refund all payments received.
(VII) Without the written consent of either party, if one party discloses the other party’s commercial information or data, which becomes known during the contract’s execution, to a third party or uses it for other projects, the offending party is obliged to compensate the other party for all losses incurred as a result. Additionally, the offending party shall pay liquidated damages to the other party equal to 20% of the total contract amount.
(VIII) Unless otherwise specified in this contract, if either party violates any provision in the Article 11 guarantee, the aggrieved party has the unilateral right to terminate or rescind the contract. The defaulting party must pay the contract amount owed to the aggrieved party as it stands, in addition to paying liquidated damages equal to 20% of the total contract amount.
(IX) During the maintenance period, if Party B is unable to resolve faults within the stipulated time frame on three occasions within six months, without Party A’s consent, Party B must pay liquidated damages of ¥10,000 to Party A and any items left inside will be considered abandoned continue providing maintenance services.
(X) The liquidated damages stipulated for payment by Party B, allowing Party A to dispose of them. Party B shall bear the losses and costs incurred in reclaiming the property.
13.5 Party A implements a “one-vote veto” system for fire safety, production safety, and management creation. If Party B violates this contract can be offset against any of these regulations, they shall follow the provisions set out in the “Safety Production Responsibility Agreement” and “Civilized Creation Responsibility Agreement for Leased Properties and Sites” signed with outstanding payments owed by Party A. If Party B receives three rectification notices is liable for liquidated damages and fails pays said damages to make corrections, Party A has the right to terminate the as per this contract, the performance deposit will not be refundedand these damages are insufficient to compensate for Party A’s actual losses, and Party B shall also bear corresponding compensation and legal liabilitiesthe responsibility for making up the shortfall.
13.6 If Party B violates this contract by illegally constructing, unilaterally changing the property’s structure or use, subleasing to others, or causing harm or losses, (XI) Neither Party A has the right to terminate the contract, reclaim the property, and not refund the performance deposit in addition to claiming actual damages and requiring Party B to restore the property to its original condition.
13.7 If Party B fails to pay the performance deposit on time as stipulated in Article V of this contract, and the delay is within 15 days (inclusive), Party A may notify Party B in writing to make the payment promptly; if the delay exceeds 15 days, Party A has the right to terminate the contract.
13.8 If Party B violates the provisions of Article XVI regarding safety production and sanitation, resulting in significant issues or insufficient rectification, causing losses or hazards, nor Party B shall bear responsibility, and Party A has the right to claim actual damages or unilaterally terminate the contract without justifiable reasons. Otherwise, the defaulting party shall compensate the non-defaulting party for all losses incurred and reclaim pay liquidated damages to the property.
13.9 After Party A notifies Party B non-defaulting party in the amount of 20% of the termination of the contract, Party B shall vacate the property within 3 days from the date of notification. If they fail to do so, it will be treated as a failure to vacate upon expiration of the leasetotal contract amount.
13.10 If Party B’s violation of other obligations in this contract leads to losses for Party A, Party A has the right to seek compensation from Party B based on the actual losses incurred.
Appears in 2 contracts
Samples: Purchase Contract (3 E Network Technology Group LTD), Purchase Contract (3 E Network Technology Group LTD)
Breach of Contract Liability. 13.1 1. If Party A reclaims the property early due B fails to reasons in Articles 12.1 and 12.2make timely payments for rent, high-quality growth incubation service fees, or other charges, Party A shall return Party B’s performance deposit (minus any penalties) and has the rent for the remaining lease term.
13.2 If Party B terminates the lease early for reasons not attributable right to Party A, the rent for the remaining period shall be refunded, but the performance deposit will not be returned.
13.3 If Party B violates Article IV of this contract by delaying rent payment, for delays of up to one month (inclusive), Party B shall pay Party A charge a penalty of 0.052% of the overdue rent outstanding amount for each day of delay, in addition to settling the overdue payment. For delays exceeding one monthIf the delay exceeds seven consecutive calendar days, Party A is entitled to suspend water and electricity services until Party B pays the outstanding rent and high-quality growth incubation service fees. If the delay extends beyond 30 days, Party A may terminate this contract at any time without prior notice to Party B, reclaim the premises, and forfeit the security deposit.
2. In case Party B fails to return the property after the contract’s expiration or termination, Party B must pay Party A twice the current month’s rent and high-quality growth incubation service fees as house usage fees starting from the day of the delay.
3. If Party B uses the property for a purpose other than that stipulated in this contract, Party B is considered to be in breach. If Party A issues a written notice of such breach, and Party B does not rectify it within ten days, Party A has the right to treat it as a fundamental breach of contract, in accordance with the provisions of Article 9, paragraph 1.
4. Party B must register the company or commence operations at Party A’s premises within three months after the contract takes effect, as per the contract terms. Party B must provide Party A with a copy of the business license and other relevant information for record-keeping. If Party B fails to meet this deadline for reasons attributed to Party B, Party A may consider it a breach of contract and has the right to terminate the contract and reclaim seize the security deposit.
5. In the event of Party B’s breach of contract, Party A reserves the right to unilaterally terminate the lease contract in advance. Upon termination of the contract, if Party B has not removed its belongings from the property, and Party B shall pay a penalty of 10% of the total rent.
13.4 If Party B fails to vacate the property more than 3 days after the lease term ends, they shall pay Party A a penalty of 120% of the daily rent until the property is returned to Party A. If the delay exceeds two months, Party A may reclaim dispose of the property, remaining items in Party B’s property and any items left inside retake possession of the premises. Any costs and losses incurred as a result of the contract termination will be considered abandoned by the responsibility of Party B.
6. In the event of Party B’s breach of contract, allowing Party A which includes but is not limited to dispose of them. situations where the authorized personnel or legal representatives fail to answer phone calls continuously or turn off their mobile phones for two consecutive days, or if Party B shall bear the losses and costs incurred in reclaiming the property.
13.5 is subject to a lawful investigation or seizure by judicial authorities, potentially affecting Party A implements a “one-vote veto” system for fire safety, production safety, and management creation. If Party B violates any of these regulations, they shall follow the provisions set out in the “Safety Production Responsibility Agreement” and “Civilized Creation Responsibility Agreement for Leased Properties and Sites” signed with Party A. If Party B receives three rectification notices and fails B’s ability to make correctionsfulfill obligations under this contract, Party A has the unilateral right to terminate the contract, the performance deposit will not be refunded, and Party B shall also bear corresponding compensation and legal liabilities.
13.6 If Party B violates this lease contract by illegally constructing, unilaterally changing the property’s structure or use, subleasing to others, or causing harm or losses, Party A has the right to terminate the contract, reclaim the property, and not refund the performance deposit in addition to claiming actual damages and requiring Party B to restore the property to its original condition.
13.7 If Party B fails to pay the performance deposit on time as stipulated in Article V of this contract, and the delay is within 15 days (inclusive), Party A may notify Party B in writing to make the payment promptly; if the delay exceeds 15 days, Party A has the right to terminate the contract.
13.8 If Party B violates the provisions of Article XVI regarding safety production and sanitation, resulting in significant issues or insufficient rectification, causing losses or hazards, Party B shall bear responsibility, and Party A has the right to claim actual damages or terminate the contract and reclaim the property.
13.9 After Party A notifies Party B of the advance. Upon termination of the contract, Party A is entitled to manage any remaining items in the property and reclaim the premises itself. Party B shall vacate the property within 3 days from the date of notification. If they fail to do so, it will be treated responsible for any costs and losses incurred as a failure to vacate upon expiration of the leaseresult.
13.10 If Party B’s violation of other obligations in this contract leads to losses for Party A, Party A has the right to seek compensation from Party B based on the actual losses incurred.
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