Compensation and Termination. 5.1 Unless otherwise provided for herein, in the event that either Party breaches its obligation hereunder (including the obligation in Article 3 hereof) either in full or in part, the non-breaching Party may serve a notice in writing requesting the breaching Party to cure its breach within 60 days after receiving the notice, to take appropriate measures to effectively and timely prevent any loss or damage, and to continue to perform its obligations hereunder. Without limiting the foregoing, the breaching Party shall compensate the non-breaching Party for any damage the latter sustained as a result of such breach. However, unless there is a material damage, the non-breaching Party shall not terminate this Agreement. 5.2 In the event that any of the representations and undertakings made by either Party under Article 3 hereof is untrue, and as a result the non-breaching Party sustains a damage, the breaching Party shall compensate the non-breaching Party for any damage the latter sustained as a result. However, unless there is a material violation of the representations and undertakings, the non-breaching Party shall not terminate this Agreement.
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Samples: Technical Consulting & Service Agreement (Giant Interactive Group Inc.), Exclusive Technical Consulting & Service Agreement (Giant Interactive Group Inc.), Technical Consulting & Service Agreement (Giant Interactive Group Inc.)
Compensation and Termination. 5.1 Unless otherwise provided for herein, in the event that either Party breaches its obligation hereunder (including the obligation in Article 3 hereof) either in full or in part, the non-breaching Party may serve a notice in writing requesting the breaching Party to cure its breach within 60 days after receiving the notice, to take appropriate measures to effectively and timely prevent any loss or damage, and to continue to perform its obligations hereunder. Without limiting the foregoing, the breaching Party shall compensate the non-breaching Party for any damage the latter sustained as a result of such breach. However, unless there is a material damage, the non-breaching Party shall not terminate this Agreement.
5.2 In the event that any of the representations and undertakings made by either Party under Article 3 hereof is untrue, and as a result the non-non- breaching Party sustains a damage, the breaching Party shall compensate the non-breaching Party for any damage the latter sustained as a result. However, unless there is a material violation of the representations and undertakings, the non-breaching Party shall not terminate this Agreement.
Appears in 1 contract
Samples: Technical Consulting & Service Agreement (Giant Interactive Group Inc.)