Common use of Default Liability Clause in Contracts

Default Liability. 9.1 The Parties agree and confirm that, if any of the Parties (the “DEFAULTING PARTY”) breaches substantially any of the provisions herein or fails substantially to perform any of the obligations hereunder, such a breach or failure shall constitute a default under this Agreement (a “DEFAULT”). In such event any of the other Parties without default (a “NON-DEFAULTING PARTY”) who incurs losses arising from such a Default shall have the right to require the Defaulting Party to rectify such Default or take remedial measures within a reasonable period. If the Defaulting Party fails to rectify such Default or take remedial measures within such reasonable period or within ten (10) days of a Non-defaulting Party’s notifying the Defaulting Party in writing and requiring it to rectify the Default, then the relevant Non-defaulting Party shall be entitled to choose at its discretion to:

Appears in 9 contracts

Samples: Pledge Agreement (Chanson International Holding), Pledge Agreement (Chanson International Holding), Pledge Agreement (Chanson International Holding)

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Default Liability. 9.1 8.1 The Parties agree and confirm that, if any of the Parties (the “DEFAULTING PARTY”) breaches substantially any of the provisions herein or fails substantially to perform any of the obligations hereunder, such a breach or failure shall constitute a default under this Agreement (a “DEFAULT”). In such event any of the other Parties without default (a “NON-DEFAULTING PARTY”) who incurs losses arising from such a Default shall have the right to require the Defaulting Party to rectify such Default or take remedial measures within a reasonable period. If the Defaulting Party fails to rectify such Default or take remedial measures within such reasonable period or within ten (10) days of a Non-defaulting Party’s notifying the Defaulting Party in writing and requiring it to rectify the Default, then the relevant Non-defaulting Party shall be entitled to choose at its discretion to:to (1) terminate this Agreement and require the Defaulting Party to indemnify all damages, or (2) require specific performance by the Defaulting Party of this Agreement and indemnification against all damages.

Appears in 8 contracts

Samples: Shareholder’ Voting Rights Proxy Agreement (Ezagoo LTD), And (Asia Times Holdings LTD), And (Asia Times Holdings LTD)

Default Liability. 9.1 8.1 The Parties agree and confirm that, if any of the Parties (the "DEFAULTING PARTY") breaches substantially any of the provisions herein or fails substantially to perform any of the obligations hereunder, such a breach or failure shall constitute a default under this Agreement (a "DEFAULT"). In such event any of the other Parties without default (a "NON-DEFAULTING PARTY") who incurs losses arising from such a Default shall have the right to require the Defaulting Party to rectify such Default or take remedial measures within a reasonable period. If the Defaulting Party fails to rectify such Default or take remedial measures within such reasonable period or within ten (10) days of a Non-defaulting Party’s 's notifying the Defaulting Party in writing and requiring it to rectify the Default, then the relevant Non-defaulting Party shall be entitled to choose at its discretion to:to (1) terminate this Agreement and require the Defaulting Party to indemnify all damages, or (2) require specific performance by the Defaulting Party of this Agreement and indemnifation against all damages.

Appears in 7 contracts

Samples: Voting Rights Proxy Agreement (Focus Media Holding LTD), Proxy Agreement (Focus Media Holding LTD), Proxy Agreement (Focus Media Holding LTD)

Default Liability. 9.1 8.1 The Parties agree and confirm that, if any of the Parties (the “DEFAULTING PARTY”) breaches substantially any of the provisions herein or fails substantially to perform any of the obligations hereunder, such a breach or failure shall constitute a default under this Agreement (a “DEFAULT”). In such event any of the other Parties Party without default (a “NON-DEFAULTING PARTY”) who incurs losses arising from such a Default shall have the right to require the Defaulting Party to rectify such Default or take remedial measures within a reasonable period. If the Defaulting Party fails to rectify such Default or take remedial measures within such reasonable period or within ten (10) days of a Non-defaulting Party’s notifying the Defaulting Party in writing and requiring it to rectify the Default, then the relevant Non-defaulting Party shall be entitled to choose at its discretion to:

Appears in 5 contracts

Samples: Operating Rights Proxy Agreement (Chanson International Holding), Operating Rights Proxy Agreement (Chanson International Holding), Operating Rights Proxy Agreement (Chanson International Holding)

Default Liability. 9.1 8.1 The Parties agree and confirm that, if any of the Parties (the “DEFAULTING PARTYDefaulting Party”) breaches substantially any of the provisions herein or fails substantially to perform any of the obligations hereunder, such a breach or failure shall constitute a default under this Agreement (a “DEFAULTDefault”). In such event any of the other Parties without default (a “NONNon-DEFAULTING PARTYdefaulting Party”) who incurs losses arising from such a Default shall have the right to require the Defaulting Party to rectify such Default or take remedial measures within a reasonable period. If the Defaulting Party fails to rectify such Default or take remedial measures within such reasonable period or within ten (10) days of a Non-defaulting Party’s notifying the Defaulting Party in writing and requiring it to rectify the Default, then the relevant Non-defaulting Party shall be entitled to choose at its discretion to:to (1) terminate this Agreement and require the Defaulting Party to indemnify all damages, or (2) require specific performance by the Defaulting Party of this Agreement and indemnification against all damages suffered.

Appears in 4 contracts

Samples: Proxy Agreement (Focus Media Holding LTD), Proxy Agreement (Focus Media Holding LTD), Proxy Agreement (Focus Media Holding LTD)

Default Liability. 9.1 8.1 The Parties agree and confirm that, if any of the Parties (the “DEFAULTING PARTY”) breaches substantially any of the provisions herein or fails substantially to perform any of the obligations hereunder, such a breach or failure shall constitute a default under this Agreement (a “DEFAULT”). In such event any of the other Parties without default (a “NON-DEFAULTING PARTY”) who incurs losses arising from such a Default shall have the right to require the Defaulting Party to rectify such Default or take remedial measures within a reasonable period. If the Defaulting Party fails to rectify such Default or take remedial measures within such reasonable period or within ten (10) days of a Non-defaulting Party’s notifying the Defaulting Party in writing and requiring it to rectify the Default, then the relevant Non-defaulting Party shall be entitled to choose at its discretion to:

Appears in 4 contracts

Samples: Shareholders’ Voting Rights Proxy Agreement (Qilian International Holding Group LTD), Shareholders’ Voting Rights Proxy Agreement (Qilian International Holding Group LTD), Shareholders’ Voting Rights Proxy Agreement (Leaping Group Co., Ltd.)

Default Liability. 9.1 8.1 The Parties agree and confirm that, if any of the Parties (the "DEFAULTING PARTY") breaches substantially any of the provisions herein or fails substantially to perform any of the obligations hereunder, such a breach or failure shall constitute a default under this Agreement (a "DEFAULT"). In such event any of the other Parties without default (a "NON-DEFAULTING PARTY") who incurs losses arising from such a Default shall have the right to require the Defaulting Party to rectify such Default or take remedial measures within a reasonable period. If the Defaulting Party fails to rectify such Default or take remedial measures within such reasonable period or within ten (10) days of a Non-defaulting Party’s 's notifying the Defaulting Party in writing and requiring it to rectify the Default, then the relevant Non-defaulting Party shall be entitled to choose at its discretion to:to (1) terminate this Agreement and require the Defaulting Party to indemnify all damages, or (2) require specific performance by the Defaulting Party of this Agreement and indemnification against all damages.

Appears in 4 contracts

Samples: Shareholder' Voting Rights Proxy Agreement (Yichunfeng (China) Biohealth LTD), Shareholder' Voting Rights Proxy Agreement (Ezagoo LTD), Shareholder' Voting Rights Proxy Agreement (Ezagoo LTD)

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Default Liability. 9.1 The Parties agree and confirm that, if any of the Parties Existing Shareholders (hereinafter the “DEFAULTING PARTYDefaulting Party, and other non-defaulting party, the "Non-Defaulting Party") breaches substantially any of the provisions herein or fails omits substantially to perform any of the obligations hereunder, or fails substantially to perform any of the obligations under this Agreement, such a breach or failure omission shall constitute a default under this Agreement (hereinafter a “DEFAULTDefault”). In such event any of the other Parties without default (a “NON, then Non-DEFAULTING PARTY”) who incurs losses arising from such a Default Defaulting Party shall have the right to require the Defaulting Party to rectify such Default or take remedial measures within a reasonable period. If the Defaulting Party fails to rectify such Default or take remedial measures within such reasonable period or within ten (10) days of a Non-defaulting Party’s notifying after the Defaulting Party notified in writing and requiring it required to rectify the Default, then the relevant Non-defaulting Defaulting Party shall be entitled to choose have the right at its own discretion toto select any of the following remedial measures:

Appears in 2 contracts

Samples: Exclusive Call Option Agreement (The9 LTD), Exclusive Call Option Agreement (The9 LTD)

Default Liability. 9.1 8.1 The Parties agree and confirm that, if any of the Parties (the “DEFAULTING PARTYDefaulting Party”) breaches substantially any of the provisions herein or fails substantially to perform any of the obligations hereunder, such a breach or failure shall constitute a default under this Agreement (a “DEFAULTDefault”). In such event any of the other Parties without default (a “NONNon-DEFAULTING PARTYDefaulting Party”) who incurs losses arising from such a Default shall have the right to require the Defaulting Party to rectify such Default or take remedial measures within a reasonable period. If the Defaulting Party fails to rectify such Default or take remedial measures within such reasonable period or within ten (10) days of a Non-defaulting Defaulting Party’s notifying the Defaulting Party in writing and requiring it to rectify the Default, then the relevant Non-defaulting Defaulting Party shall be entitled to choose at its discretion to:to (i) terminate this Agreement and require the Defaulting Party to indemnify all damages, or (ii) require specific performance by the Defaulting Party of this Agreement and indemnification against all damages suffered.

Appears in 2 contracts

Samples: Shareholders’ Voting Rights Proxy Agreement (Gridsum Holding Inc.), Shareholders’ Voting Rights Proxy Agreement (Gridsum Holding Inc.)

Default Liability. 9.1 8.1 The Parties agree and confirm that, if any of the Parties (the “DEFAULTING PARTYDefaulting Party”) breaches substantially any of the provisions herein or fails substantially to perform any of the obligations hereunder, such a breach or failure shall constitute a default under this Agreement (a “DEFAULTDefault”). In such event any of the other Parties without default (a “NONNon-DEFAULTING PARTYdefaulting Party”) who incurs losses arising from such a Default shall have the right to require the Defaulting Party to rectify such Default or take remedial measures within a reasonable period. If the Defaulting Party fails to rectify such Default or take remedial measures within such reasonable period or within ten (10) days of a Non-defaulting Party’s notifying the Defaulting Party in writing and requiring it to rectify the Default, then the relevant Non-defaulting Party shall be entitled to choose at its discretion to:to (1) terminate this Agreement and require the Defaulting Party to indemnify all damages, or (2) require specific performance by the Defaulting Party of this Agreement and indemnifation against all damages.

Appears in 1 contract

Samples: Shareholders’ Voting Rights Proxy Agreement (Focus Media Holding LTD)

Default Liability. 9.1 8.1 The Parties agree and confirm that, if any of the Parties (the “DEFAULTING PARTY”) breaches substantially any of the provisions herein or fails substantially to perform any of the obligations hereunder, such a breach or failure shall constitute a default under this Agreement (a “DEFAULT”). In such event any of the other Parties without default (a “NON-DEFAULTING PARTY”) who incurs losses arising from such a Default shall have the right to require the Defaulting Party to rectify such Default or take remedial measures within a reasonable period. If the Defaulting Party fails to rectify such Default or take remedial measures within such reasonable period or within ten (10) days of upon a Non-defaulting Party’s Party notifying the Defaulting Party in writing and requiring it to rectify the Default, then the relevant Non-defaulting Party shall be entitled to choose at its discretion to:to (1) terminate this Agreement and require the Defaulting Party to indemnify all damages, or (2) require specific performance by the Defaulting Party of this Agreement and indemnification against all damages.

Appears in 1 contract

Samples: Shareholders’ Voting Rights Proxy Agreement (SN Strategies Corp.)

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