Common use of Defaulting Liability Clause in Contracts

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.

Appears in 5 contracts

Samples: Cooperation Framework Agreement (Yirendai Ltd.), Cooperation Framework Agreement (Pintec Technology Holdings LTD), Cooperation Framework Agreement (Pintec Technology Holdings LTD)

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Defaulting Liability. Section 7.1 6.1 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) calendar 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.. Table of Contents

Appears in 2 contracts

Samples: Cooperation Framework Agreement (Youdao, Inc.), Cooperation Framework Agreement (Youdao, Inc.)

Defaulting Liability. Section 7.1 8.1 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. Section 8.2 Notwithstanding any other provision herein, the effect of this Article 8 shall not be affected by the termination of this Agreement.

Appears in 2 contracts

Samples: Sales and Marketing Services Agreement (Sina Corp), Sales and Marketing Services Agreement (WEIBO Corp)

Defaulting Liability. Section 7.1 10.1 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: (a1) terminate this Agreement and require the Defaulting Party to indemnify all of its damages; or (b2) request the Defaulting Party to perform its obligations under this Agreement and require the Defaulting Party to indemnify all of its damages. 10.2 Notwithstanding any other provision herein, the effect of this Article 10 shall not be affected by the termination of this Agreement.

Appears in 2 contracts

Samples: Consulting and Services Agreement (E-House (China) Holdings LTD), Consulting and Services Agreement (China Real Estate Information Corp)

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Defaulting Liability. Section 7.1 6.1 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 thirty (1530) calendar 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.

Appears in 1 contract

Samples: Master Business Services Agreement (Amer Sports, Inc.)

Defaulting Liability. Section 7.1 6.1 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) calendar 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.

Appears in 1 contract

Samples: Cooperation Framework Agreement (NetEase, Inc.)

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