Common use of Defaulting Liabilities Clause in Contracts

Defaulting Liabilities. 11.1 The Parties agree and acknowledge that, if any Party (hereinafter the “Defaulting Party”) commits material breach of any provision hereof, or materially fails to perform any obligation hereunder, such breach or failure shall constitute a default under this Agreement (hereinafter a “Default”), then the non-defaulting Party shall be entitled to demand 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 fifteen (15) days following the written notice issued by the non-defaulting Party and the rectification requirement, the non-defaulting Party shall be entitled to decide to, at its discretion: (1) terminate this Agreement and require the Defaulting Party to indemnify all the damages; or (2) require the performance of the obligations hereunder and require the Defaulting Party to indemnify all the damages.

Appears in 5 contracts

Samples: Exclusive Technical and Consulting Services Agreement (Youku Tudou Inc.), Exclusive Consultancy and Service (Tudou Holdings LTD), Exclusive Consultancy and Service Agreement (Tudou Holdings LTD)

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Defaulting Liabilities. 11.1 8.1 The Parties agree and acknowledge that, if any Party (hereinafter the “Defaulting Party”) commits material breach of any provision hereof, or materially fails to perform any obligation hereunder, such breach or failure shall constitute a default under this Agreement (hereinafter a “Default”), then the non-defaulting Party (hereinafter the “Non-defaulting Party”) shall be entitled to demand 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 fifteen (15) days following the written notice issued by the nonNon-defaulting Party and the rectification requirement, the nonNon-defaulting Party shall be entitled to decide to, at its discretion: (1) terminate this Agreement and require the Defaulting Party to indemnify all the damages; or (2) require the performance of the obligations hereunder and require the Defaulting Party to indemnify all the damages.

Appears in 4 contracts

Samples: Proxy Agreement (Tudou Holdings LTD), Proxy Agreement (Tudou Holdings LTD), Proxy Agreement (Tudou Holdings LTD)

Defaulting Liabilities. 11.1 The Parties agree and acknowledge that, if any Party (hereinafter the “Defaulting Party”) commits material breach of any provision hereof, or materially fails to perform or delays the performance of any obligation hereunder, such breach breach, failure or failure delay shall constitute a default under this Agreement (hereinafter a “Default”), then the non-defaulting Party shall be entitled to demand the Defaulting Party to rectify remedy such Default or take remedial measures within a reasonable period. If the Defaulting Party fails to rectify remedy such Default or take remedial measures within such reasonable period or within fifteen ten (1510) days following the written notice issued given by the non-defaulting Party and the rectification requirementrequiring such Default to be remedied, the non-defaulting Party shall be entitled to decide to, at its discretion: (1) terminate this Agreement and require the Defaulting Party to indemnify all the damages; or (2) require the performance of the obligations hereunder and require the Defaulting Party to indemnify all the damages.

Appears in 1 contract

Samples: Exclusive Service Agreement (LaShou Group Inc.)

Defaulting Liabilities. 11.1 10.1 The Parties agree and acknowledge that, if any Party (hereinafter the “Defaulting Party”) commits material breach of any provision hereof, or materially fails to perform any obligation hereunder, such breach or failure shall constitute a default under this Agreement (hereinafter a “Default”), then the non-defaulting Party (hereinafter the “Non-defaulting Party”) shall be entitled to demand 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 fifteen (15) days following the written notice issued by the nonNon-defaulting Party and the rectification requirement, the nonNon-defaulting Party shall be entitled to decide to, at its discretion: (1) terminate this Agreement and require demand the Defaulting Party to indemnify all the damages; or (2) require the performance of the obligations hereunder and require demand the Defaulting Party to indemnify all the damages.

Appears in 1 contract

Samples: Intellectual Property Transfer Agreement (Tudou Holdings LTD)

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Defaulting Liabilities. 11.1 8.1 The Parties agree and acknowledge that, if any Party (hereinafter the “Defaulting Party”) commits material breach of any provision hereof, or materially fails to perform any obligation hereunder, such breach or failure shall constitute a default under this Agreement (hereinafter a “Default”), then any of the non-defaulting Party (hereinafter the “Non-defaulting Party”) shall be entitled to demand 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 fifteen (15) days following the written notice issued by the nonNon-defaulting Party and the rectification requirement, the nonNon-defaulting Party shall be entitled to decide to, at its discretion: (1) terminate this Agreement and require the Defaulting Party to indemnify all the damages; or (2) require the performance of the obligations hereunder by the Defaulting Party and require the Defaulting Party to indemnify all the damages.

Appears in 1 contract

Samples: Proxy Agreement (Youku Tudou Inc.)

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