Common Liability of Breach. (a) In case one Party (non-breaching party) declares the other Party (breaching party) commit any things breach the Agreement and provide the certificate of such things, and prove such things make the Agreement can't be performed, performed entirely or delayed, then, non-breaching party has the rights to require breaching party take on its liability of breach, and cease performing the obligations under this Agreement in case it wouldn't like to terminate this Agreement. (b) The breaching Party shall take steps to mitigate the effects within 7 days after it is informed the reality of breach, in case the breaching Party doesn't mitigate during the 7 days, the non-breaching Party has rights terminate the Agreement and require breaching Party to compensate all the economic loss (including direct loss, indirect loss and all the other expenses and costs hereunder). This Section 11.2(b) shall survive expiration or termination of this Agreement for any reason. (c) In case other sections of this Agreement provide otherwise in connection of breach and liability of breach that are different from this Section 11.2(c), then this Section 11.2(c) doesn't apply.
Appears in 2 contracts
Samples: Cooperation Agreement (Shanda Interactive Entertainment LTD), Website Development Agreement (Shanda Interactive Entertainment LTD)
Common Liability of Breach. (a) In case one Party (non-breaching party) declares the other Party (breaching party) commit any things breach the Agreement and provide the certificate of such things, and prove such things make the Agreement can't n’t be performed, performed entirely or delayed, then, non-breaching party has the rights to require breaching party take on its liability of breach, and cease performing the obligations under this Agreement in case it wouldn't n’t like to terminate this Agreement.
(b) The breaching Party shall take steps to mitigate the effects within 7 days after it is informed the reality of breach, in case the breaching Party doesn't n’t mitigate during the 7 days, the non-breaching Party has rights terminate the Agreement and require breaching Party to compensate all the economic loss (including direct loss, indirect loss and all the other expenses and costs hereunder). This Section 11.2(b) shall survive expiration or termination of this Agreement for any reason.
(c) In case other sections of this Agreement provide otherwise in connection of breach and liability of breach that are different from this Section 11.2(c), then this Section 11.2(c) doesn't n’t apply.
Appears in 2 contracts
Samples: Audible Group Chat Service Agreement (Shanda Interactive Entertainment LTD), Data Analysis Service Agreement (Shanda Interactive Entertainment LTD)