Defaulting Liability. 11.1 The Parties agree and confirm that, if any of the Parties (the “Defaulting Party”) substantially violates any agreement herein or substantially fails to perform or delays performance of any of the obligations hereunder, such violation, failure or delay shall constitute a default under this Agreement (a “Default”). The non-defaulting Party shall have the right to request the Defaulting Party to rectify or take remedial actions within a reasonable period. If the Defaulting Party fails to rectify such Default or take remedial actions within such reasonable period or within ten (10) days after the non-defaulting Party notifies the Defaulting Party in writing requiring the Default to be rectified, then the non-defaulting Party is entitled to decide at its own discretion that:
11.1.1. if any Company Shareholder or the Company is the Defaulting Party, the WFOE shall be entitled to terminate this Agreement and require the Defaulting Party to indemnify the damages;
11.1.2. if the WFOE is the Defaulting Party, the non-defaulting Party shall be entitled to require the Defaulting Party to indemnify the damages, but unless otherwise provided for by the PRC Law, the non-defaulting Party has no right to terminate or cancel this Agreement in any circumstances.
11.2 Notwithstanding any other provision herein, the effect of this Article 11 shall not be affected by the termination of this Agreement.
Defaulting Liability. Section 7.1 The Parties agree and confirm that, if any Party (the “Defaulting Party”) substantially violates any agreement herein or substantially fails to perform or delays performance of any of the obligations hereunder, such violation, failure or delay shall constitute a default under this Agreement. The non-defaulting Party shall have the right to request the Defaulting Party to rectify or take remedial actions within a reasonable period. If the Defaulting Party fails to rectify or take remedial actions within such reasonable period or within fifteen (15) days after the non-defaulting Party notifies the Defaulting Party in writing requiring rectification, then the non-defaulting Party is entitled to decide at its own discretion to:
(a) terminate this Agreement and require the Defaulting Party to indemnify all of its damages; or
(b) request the Defaulting Party to perform its obligations under this Agreement and require the Defaulting Party to indemnify all of its damages.
Defaulting Liability. 12.1 During the lease term, if Party A fails to timely perform its repair and maintenance duties as agreed herein, thus causing damage to the Premises and property or personal damage to Party B, Party A shall compensate Party B for its direct losses.
12.2 In case Party B renovates the Premises or adds ancillary facilities without the written consent of Party A or beyond the scope and requirements of Party A’s written consent, or occupies/uses public areas or fire passages without authorization, Party A shall have the right to require Party B to restore the Premises to its original state and compensate for the losses arising therefrom. Where Party B fails to restore the Premises to its original state during said period, Party B may rescind this Contract by written notice to Party B, and Party B shall pay Party A three-month rent at that time as the liquidated damages.
12.3 During the lease term, under conditions other than those agreed herein, if Party A cancels this Contract and repossesses the Premises in advance, Party A shall pay Party B a penalty equivalent to 0.5 times of the rent for the lead days (no more than three months rent). If the penalty is insufficient to cover the direct losses suffered by Party B, Party A shall also be liable for compensating for the difference.
12.4 During the lease term, under conditions other than those agreed herein, if Party B surrenders the lease without authorization, Party B shall pay Party A a penalty equivalent to 0.5 times of the rent for the lead days (but no more than three months rent). If the penalty is insufficient to cover the losses sustained by Party A, Party B shall also be liable for compensating for the difference. Party A may withhold the penalty from the lease deposit, and if the lease deposit is insufficient for such withholding, the deficient portion shall be paid by Party B separately.
Defaulting Liability. 1The Parties agree and acknowledge that, if any of the Parties (the “Defaulting Party”) materially breaches any provision herein or materially fails to perform or delays performance of any of the obligations hereunder, such breach, failure or delay shall constitute a default under this Agreement (a “Default”). In such event, any of the other Parties without default (the “Non-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 the Non-defaulting Party notifying the Defaulting Party in writing and requiring the Default to be rectified, then:
Defaulting Liability. 10.1 If Party A fails to complete the work under Article 4.1, Article 9.1 and Article 9.2 within the agreed time, Party A shall pay a penalty to Party B at a daily rate of RMB100,000 and if the delay lasts for more than 15 days, Party B shall have the right to unilaterally terminate this Agreement and demand Party A to refund all the funds of Party B for capital increase (RMB150 million). Party A shall also pay Party B a penalty equal to 25% of the amount of capital increase in lump sum. Party C shall bear the joint responsibility in respect of this payment obligation of Party A.
10.2 If Party A or Party C breaches its representations and warranties, it shall pay Party B a penalty equal to 25% of the amount of capital increase hereunder and compensate the losses suffered by Party B. Party A and Party C shall bear the joint responsibility to each other.
Defaulting Liability. (1) If any circumstance as set out in Paragraph (3) of Article 9 occurs with Party A, Party A shall pay the liquidated damages being equal to 300% of the monthly rent to Party B; if any circumstance as set out in Paragraph (4) of Article 9 occurs with Party B, Party B shall pay the liquidated damages being equal to 300% of the monthly rent to Party A and Party A has the right to demand Party B to restore the Premises to its original conditions or compensate the corresponding losses.
(2) Within the lease term, if Party A needs to repossess the Premises prematurely or Party B needs to surrender the Premises prematurely, such party shall notify the other party 60 days in advance and pay the liquidated damages being equal to 300% of the monthly rent.
(3) Party A shall bear the liability for compensation if Party A fails to perform the maintenance obligations pursuant to the provisions hereof, thus resulting in personal and property damages of Party B.
(4) If Party A fails to deliver the Premises at the agreed time or Party B fails to pay the rent according to the provisions hereof, which does not reach the condition for contract termination or Party B fails to return the Premises at the agreed time, Party A or Party B shall pay the liquidated damages at 100% of monthly rent.
Defaulting Liability. If any Party (the “Breaching Party”) is in breach of any provision hereof, the Party who does not commit a breach has the right to require that the Breaching Party rectify it or take a remedial action within a reasonable period and to require that the Breaching Party indemnify it against all its losses incurred as a result of the breach.
Defaulting Liability. 1. Except as otherwise provided herein, if, due to any breach by either party of this Contract, the other party suffers from loss and the performance of this Contact is prevented, the breaching party shall pay 20% of the total investment hereunder as liquidated damages to the non-breaching party and make a public apology to the non-breaching party. If the liquidated damages cannot cover the loss suffered by the non-breaching party, the breaching party shall make up the deficit.
2. Party A shall ensure that the production and publicity of this Film and the contents thereof comply with the stipulations of the laws and regulations of the People’s Republic of China. If Party B suffers from losses as a result of any violation of laws and regulations by this Film, Party A shall be liable for all such losses thus incurred by Party B. Likewise, if Party A suffers from losses as a result of any violation of laws and regulations by Party B’s distribution of this Film, Party B shall be liable for all such losses thus incurred by Party A.
3. Upon execution of this Contract, Party B shall timely perform its investment obligation. If Party B fails to pay the investment within the term as prescribed herein, it shall pay the liquidated damages of 0.01% of the outstanding sum per delayed day.
Defaulting Liability. 13.1 Where loses are caused to Party A and Party B for Party C’s following reasons, Party C shall be liable for compensating for the losses of goods, provided, however, that Party A has the priority of compensation with respect to its actual losses:
13.1.1 During supervision term, except for any event of force majeure, pledged property is damaged, destroyed or lost, deteriorates, is in shortage or contaminated due to Party C’s undue performance of its custody responsibility;
Defaulting Liability. 1各方同意并确认，如果一方(下称“违约方”)违反本协议的规定或未按约履行本协议规定的义务，则构成违约，其他非违约方有权要求违约方在合理期限内作出更正或采取补救措施。违约方未在合理期限内或者在非违约方要求其改正的书面通知送达后十五日内改正或采取补救措施的， The Parties agree and confirm that, if any party (hereinafter referred to as the "Defaulting Party") materially breaches any provision hereof or materially fails to perform any obligation under this Agreement, it constitutes a breach of contract under this Agreement (hereinafter referred to as a "Default"), and any other non-Defaulting Party has the right to require the Defaulting Party to make corrections or take remedial measures within a reasonable period of time. If the Defaulting Party fails to make corrections or take remedial measures within a reasonable period of time or within 15 days after the written notice provided by other non-Defaulting Party requesting for correction, then
