Liabilities for Breach Sample Clauses
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Liabilities for Breach. 9.1 The Parties agree and confirm that, if any of the Parties (the “Breaching Party”) is materially in breach of any provision hereof, or materially fails or delays in performing any of the obligations hereunder, a breach hereof is constituted (a “Breach”), and any of the other Parties which does not commit any Breach (a “Non-breaching Party”) has the right to require that the Breaching Party rectify it or take a remedial action within a reasonable period. If the Breaching Party fails to rectify the Breach or take remedial actions within the reasonable period or within ten (10) days of the other Party’s written rectification notice, then:
9.1.1. if any Shareholder or the Company is the Breaching Party, the WFOE is entitled to terminate this Agreement and require the Breaching Party to indemnify it against its damage;
9.1.2. if the WFOE is the Breaching Party, each of the Non-defaulting Parties is entitled to require the Breaching Party to indemnify it against its damage; but unless otherwise provided for by law, in no case does it have the right to terminate or cancel this Agreement.
9.2 Notwithstanding any other provision herein, the effect of this Article 9 shall not be affected by the suspension or termination of this Agreement.
Liabilities for Breach. 1. Breaches
(a) Breaches of Party A
(i) It fails to submit true, integrated and effective information on finance, production and operation and other relevant information;
(ii) It fails to use the loan in the purpose as is agreed in this Contract;
(iii) It fails to repay the principal and interest of this loan on due day;
(iv) It refuses or impedes Party B’s investigation and supervision on its use of loan;
(v) It transfers its asset and takes out capital to avoid the obligation;
(vi) The degradation of its business and finance makes it unable to render performance that is due or it is involved in major litigation or arbitration or other legal conflicts that Party B considers as may affect or impair or have affected or impaired its rights and interests under this Contract;
(vii) Any other obligations that it has have affected or may affect its performance of obligation to Party B under this Contract;
(viii) It fails to render other performance that is due to China Construction Bank;
(ix) During the term of this Contract, there are business method changing or business mechanism changing conducts like contracting, lease, combination, annexation, joint venture, division, joint business, shareholding reform that Party B considers as may affect or impair or have affected or impaired its rights and interests under this Contract;
(x) Other situations that Party B considers would affect the realization of it’s creditor’s right.
(xi) It breaks other obligations as agreed in this Contract.
(b) Party A shall be deemed breaching the contract where it fails to provide new assurances to Party B that meet its requirement when the following events happen to the guarantor:
(i) Contracting, lease, combination, annexation, joint venture, division, joint business, shareholding reform, bankruptcy or cancellation of the guarantor that would affect its joint assuring liability.
(ii) The guarantor provides to third party assurance that is beyond its affordability;
(iii) The guarantor loses or may lose its capability of assurance;
(iv) Other breaches of the guarantor as are agreed in the assurance contract.
(c) Party A shall be deemed breaching the contract where it fails to provide new assurances to Party B that meet its requirement when the following events happen to the Mortgagee:
(i) The Mortgagee fails to insure the pawn as required by Party B or it fails to dispose the proceeds from insurance as agreed in the mortgage contract;
(ii) The Mortgagee fails to dispose damages paid...
Liabilities for Breach. A breach of this Contract shall be constituted if any party hereto violates the requirements of this Contract by failing to fully perform this Contract, or making any false information, or withholding or omitting significant facts in any undertaking, representation and warranty made by her/it in this Contract, or refusing to perform any of her/its undertakings, representations and warranties. The defaulting party shall bear the corresponding liabilities for the breach according to laws.
Liabilities for Breach. Where either party commits a breach of this Agreement, it shall be liable to compensate the other party for any and all damages caused to it as a result of the breach, excluding indirect or consequential damages.
Liabilities for Breach. Party B undertakes to fully pay off the payment regarding the equity transfer within the agreed timeframe; otherwise, it shall be deemed as a breach of the Agreement and Party B shall pay a penalty at the rate of 0.3 percent per day.
Liabilities for Breach. (1) In the event of any breach by either Party, the breaching Party shall be liable to the non-breaching Party for its breach, and shall indemnify the latter for the losses caused by such breach. The non-breaching Party may give the breaching Party reasonable opportunity to cure.
(2) If the breaching Party fails to cure within reasonable time, the non-breaching Party shall have the right to terminate this Agreement, and seek damages from the breaching Party for all its actual losses, including but not limited to all reasonable expenses incurred by such non-breaching Party in executing and performing this Agreement (including fees and charges of agents, etc.). The damages shall not be more than the losses which, at the time of execution of this Agreement, the breaching Party foresaw or should have foreseen would result from its breach.
Liabilities for Breach. Any breach of this Contract by any party shall be deemed as default. The Party in breach shall correct its breaching acts within 3 days of the grace period as of receiving the observing party’s written notice. In case the party in breach does not correct its breaching acts within the grace period, the other party shall be entitled to claim for damages. Any expense arising therefrom within the scope of the Contract shall be borne by the party in breach on its own.
Liabilities for Breach. 7.1 The occurrence of any of the following circumstances to any Party hereto shall constitute a breach of this Agreement:
7.1.1 Breach of any obligation or covenant set forth herein;
7.1.2 Any representation or warranty made by such Party in this Agreement is inconsistent with the facts or is misleading, whether made in good faith or in bad faith.
7.2 In case of any aforesaid breach of this Agreement, the non-breaching Party shall be entitled to request the breaching Party to rectify it within 30 days; if the breaching Party fails to rectify it within the specified period, the Parties may initiate arbitration in accordance with Article 10.2 of this Agreement. If such arbitration fails, the non-breaching Party shall be entitled to rescind this Agreement. Furthermore, the breaching Party shall indemnify the non-breaching Party against all claims, losses, liabilities, damages, costs and expenses directly caused to the non-breaching Party due to its breach.
Liabilities for Breach. 9.1 The party in breach shall be responsible for the liabilities resulting from the breach. If both parties are deemed to be in breach of the Contract, liabilities shall be allocated between the two parties in accordance with corresponding facts and actual results of the breach.
9.2 The party in breach shall pay liquidated damages to the other party duly performing the Contract. The other party is entitled to claim all of its losses incurred but with a limit to all actual losses.
9.3 If Party A delays in delivering to Party B the Leased Units, it shall pay a late payment charge in the amount of 0.5% of the monthly rent for each day of delay.
9.4 If Party B delays in making payment of fees, it shall pay a late payment charge in the amount of 0.5% of unpaid fees for each day of delay.
9.5 If Party B delays in moving out of the Leased Units, it shall pay a late payment charge in amount of 1% of the monthly rent for each day of delay.
9.6 If Party B in breach cannot duly pay the liquidated damages, late payment charge or indemnity due upon receipt of a notice from Party A asking for payment, Party B agrees that all the properties in the Leased Units can be taken by Party A as a lien and Party A has a right to dispose the properties in accordance with the laws.
Liabilities for Breach of This Labor Contract
1. Upon the termination, dissolution of this Labor Contract or upon the occurrence of liability for breach of same, legal liabilities shall be undertaken in accordance with the applicable provisions of the “Labor Law” and state laws and regulations. In the event that any economic losses or damages have been caused to the other party, liabilities for damages shall be in accordance with law.
2. In the event that when Party A terminates this Contract in accordance with Section 7, Article 7, and Party B terminates this Contract in accordance with Section 7, Article 7 and Clause 2, Section 2, Article 9, if no advance notice is given in accordance with the prescribed requirements or if advance notice is insufficient, compensation shall be paid at the number of deficient days multiplied by the average number of days of Party B’s actual monthly salaries.
3. When Party B is engaged in professional and technical work or has access to Party A’s trade secrets or in the event Party B terminates this Contract in violation of Clause a, Section 2 and Section 3 Article 9 during the period of required service, Party B shall be liable for breach of contract and pay a penalty equivalent to three months’ salaries.
4. In the event Party B has received training funded by Party A and terminates this Contract in violation of Clause a to Clause e, Section 8 Article 7 during the period of required service, Part B shall compensate Party A for the training fee, which shall be decreased by the year in accordance with the applicable state requirements.
