Compensation for breach of contract. O&O would like to point out that you are responsible for any damages arising from breach of copyright if you violate these contract terms.
Compensation for breach of contract. In the case that any entity of the Companies infringes any priority under this Agreement, the Founders and all entities of the Companies shall jointly and severally pay liquidated damages of RMB20,000,000 (SAY RMB TWENTY MILLION ONLY) to Shanghai Hode for each infringement if it involves important businesses such as animation works and/or game products; in the case that Derivatives and/or literary works are involved, the Founders and all entities of the Companies shall jointly and severally pay liquidated damages of RMB5,000,000 (SAY RMB FIVE MILLION ONLY) to Shanghai Hode. In the case that any entity of the Companies violates the representation and warranty obligations under this Agreement, which leads to the failure to perform this Agreement or this Agreement being materially adversely affected, Shanghai Hode shall have the right to rescind this Agreement, and require the Founders and all entities of the Companies to jointly and severally pay liquidated damages of RMB50,000,000 (SAY RMB FIFTY MILLION ONLY) to Shanghai Hode; if Shanghai Hode demands to continue to perform this Agreement, the Founders and all entities of the Companies shall jointly and severally pay liquidated damages of RMB20,000,000 (SAY RMB TWENTY MILLION ONLY) to Shanghai Hode for every breach of contract if it involves animation works and/or game products and other important businesses; in the case that Derivatives and/or literary works are involved, the Founders and all entities of the Companies shall jointly and severally pay liquidated damages of RMB5,000,000 (SAY RMB FIVE MILLION ONLY) to Shanghai Hode. If the above liquidated damages are not enough to make up for the losses of Shanghai Hode, the Founders and all entities of the Companies shall jointly and severally compensate Shanghai Hode for all losses caused thereby, including but not limited to the loss of prospect interest, third-party compensation, attorney fees, investigation and evidence collection fees and arbitration fees. The loss of prospect interest is the operating income of one piece of Animation Literary Works and/or Cooperation Game Products with the highest operating income among the Cooperation Animation Literary Works and/or Cooperation Game Products over which Shanghai Hode exercises the contracting priority, investment priority or cooperation priority or other rights during the term of this Agreement. Operating Income refers to all income obtained from the piece of Cooperation Animation Literary Works and/or...
Compensation for breach of contract. The Employee acknowledges that the Employee’s guarantee above to guarantee the Company’s Trade Secrets and non-compete commitment in this Article is an express precondition for the Company’s agreement to hire the Employee in accordance with this Contract, and if the Employee breaches any of said obligations it could cause the inestimable losses to the company. The Employee therefore agrees that any action that breaches or violates the obligations stipulated in this Article shall entitle the Company to file a lawsuit or request enforcement or a prohibition directly in the courts without going through a labor arbitration and the Company shall not be required to prove the actual losses that it has sustained, and may ask the court for a decision or judgment to grant compensation for the prohibitive and indemnifiable losses. The Employee agrees that under circumstances in which the Company is able to prove that the Employee has breached the obligations stipulated in this Article, the Employee waives the any right to demand that the Company prove the actual losses that it has sustained as a result.
Compensation for breach of contract. O&O wishes to point out that you are responsible for all damages arising from, among other things, breach of copyright that O&O suffers as a result of your violating the conditions of this agreement or the law.
Compensation for breach of contract. 10.1.1 Any violation of or refusal to perform the representations, warranties, obligations or responsibilities by either Party to this Agreement shall constitute breach of contract.
10.1.2 Unless otherwise specified in this Agreement, if any Party (“Breaching Party”) breaches this Agreement and causes other Parties to bear any cost, responsibility or loss, such Breaching Party shall compensate other Parties (“Non-Breaching Party”) for any of the above cost, responsibility or definable loss, and the total amount of compensation paid to the Non-Breaching Party shall be equal to the loss caused by the breach. If any one of the Original Shareholders, the Target Companies and the Actual Controllers breach this Agreement, causing 21Vianet to suffer losses, the Original Shareholders, the Target Companies and the Actual Controllers shall make joint and several compensation. The “Definable Loss” refers to the damages, expenses, costs, liability, losses, defects, losses of value, responsibilities or fines caused by the breach which can be foreseen or ought to be foreseen when the Breaching Party entered into this Agreement. However, the compensation shall not exceed the reasonable expectations of the Parties hereto.
Compensation for breach of contract. The Employee acknowledges that, in the event of breach of the Agreement, the Company will or may suffer irremediable losses or damages. The Employee agrees that, where it is in breach of the Agreement or in peril of breach of the Agreement, the Company has the right to hold the Employee liable therefor correspondingly (including but not limited to the liabilities for breach of contract, compensation for economic losses, stopping the infringing acts, or if the circumstances are serious, being investigated for criminal liability). In the event that the Employee divulges the Confidential Information possessed, learnt or known during the term of office with the Company or other secrets relating to the Company in violation of provisions contained herein; or transfers, carries, destroys without authorization all the storage devices, storage materials and copies involving the Company’s secrets such as documents, materials, drawings, tapes, disks, CDs as well as notebooks, it must refund all such special allowances and commercial insurance premiums as received by it and pay an additional liquidated damage equivalent to three times of the total sum of such special allowances and commercial insurance premiums as received by it. Where the Company’s losses still cannot be totally covered by such liquidated damage, the Employee must separately compensate the Company for its losses.
Compensation for breach of contract. Notwithstanding the provisions set forth in Article 60, if the Joint Venture Company or the other Party incurs any cost or expense or additional obligation, including any obligation to pay money, or suffers any loss, other than loss of profits or indirect or consequential damages, as a result of any breach of this Contract, the Defaulting Party shall compensate the Joint Venture Company and/or the Non-Defaulting Party, as the case may be, for the amount of such cost, expense, payment obligation or direct loss which it has incurred, including any interest paid, payable or foregone as a result thereof. Any payment made to any Party in pursuance of Articles 59 and 60 of this Contract or this Article 61, shall be made in the same currency as that in which the capital contributions of the said Party were made or, in case of in kind contributions, valued.
Compensation for breach of contract. Belkasoft would like to point out that you are responsible for any damages arising from breach of copyright if you violate these contract terms.
Compensation for breach of contract. In case of breach of this Agreement or any other Transaction Document, the Breaching Party shall compensate the non-breaching Party for the loss suffered arising from its breach. The right to early terminate this Agreement available to the non-breaching Party hereunder shall be in addition to any other remedies available to it, and such termination shall neither exempt the Breaching Party from the liabilities for breach of contract, nor exempt the Breaching Party’s liability for compensating for the losses of the non-breaching Party suffered due to its breach of this Agreement or any other Transaction Document.
Compensation for breach of contract. 1. From the date of execution hereof to the date when Party B ceases to supply, Party B and Party C shall not sell the Contract Product or any product with similar appearance to the Contract Product at any price to any third party (including Party A’s subsidiaries and affiliates), otherwise Party A shall have the right to: (1) require Party B to pay 5% of the total price hereof as a penalty for breach of this Contract; (2) If the actual price given to any third party is lower than the price given to Party A, Party A shall have the right to require all of the Contract Products to be supplied at the price given to such third party and deduct the difference from the payment; (3) Party A shall have the right to suspend in performing this Contract and deprive Party B of the qualification of partaking in Party A’s collective purchasing of the mobile terminals.
2. Party B shall deliver the Contract Product identical to the sealed sample. In case the Contract Product delivered by Party B is inconsistent with the sealed sample, Party A shall have the right to cancel this Contract and prosecute Party B for corresponding liabilities for breach of the Contract and direct losses suffered by Party A arising out thereof. Canceling this Contract will not release Party B from undertaking the liability of paying the penalty, in the meantime Party B shall bear the losses suffered by Party A arising out of canceling this Contract.
3. In case Party A fails to make the payment at the specified time herein for any reason attributable to Party A, Party A shall pay 1% of the overdue payment for every week of delay (one week is counted as seven days) as liquidated damages, the total amount of which shall not exceed 5% of the total price herein. If the period of delaying in payment is less than a week, it shall be counted as a week. The compensation for overdue payment shall not release the duties of all Parties hereto to continue to perform this Contract.
4. In case Party C fails to deliver the Contract Product at the specified time herein for any reason attributable to Party B or Party C (If the Contract Product delivered is inconsistent with the provisions hereof or the sample, Party A shall have the right to reject the goods, and Party C shall be deemed to fail to deliver at the specified time herein), Party B will compensate Party A for the losses in the following manner: Party A shall pay 1% of the total price of this lot of delayed goods for every week of overdue delivery (on...
