Common use of Liabilities for Breach of Contract Clause in Contracts

Liabilities for Breach of Contract. 1. Party A’s Liabilities for Breach of Contract (1) Party A fails to provide the agreed technical materials, original data or assistance for more than 15 days after the deadline, Party B may terminate this Contract. In that case, Party A shall reimburse Party B of all costs and expenses incurred from the performance of this Contract. (2) There is a material defect in the technical materials, original data and assistance provided by Party A, which causes suspension, delay or failure in the development of the Project, Party A shall be fully liable for such suspension, delay or failure. However, if Party B becomes aware that there is certain defect in the materials and data provided by Party A, but it fails to notify Party A for correction or supplementation, Party B shall be subject to the liability accordingly. (3) If Party A refuses or delays to accept the deliverables without any justifiable cause, which causes such deliverables are lawfully acquired by any third party or the practical value of such deliverables is lost in its novelty, or such deliverables are damaged or lost by accident, Party A shall be liable for such damage or loss. (4) If Party A fails to provide effective cooperation or conduct acceptance on time according to Party B’s requirements, Party B’s performance of its obligations regarding delivery and subsequent development plan shall be postponed accordingly. If Party A fails to do so for more than 20 days, Party B may terminate this Contract. Party A shall reimburse all costs and expenses incurred by Party B for performance of this Contract, and pay to Party B the liquidated damages at 5‰ of the costs and expenses incurred by Party B. (5) If Party A terminates this Contract due to its own reason before any module is delivered, it shall reimburse Party B of all costs and expenses incurred from the performance of this Contract, and pay to Party B the liquidated damages at 5‰ of all costs and expenses. (6) If Party A terminates this Contract due to its own reason after any module is delivered, Party A shall reimburse Party B of all costs and expenses incurred from the performance of this Contract and indemnify Party B against all losses and damages resulting therefrom.

Liabilities for Breach of Contract. 1. Article 36 If Party A’s Liabilities for Breach B leaves the Company without submitting a written notice of Contract (1) rescission of this Employment Contract to Party A fails to provide the agreed technical materials, original data 30 days or assistance for more than 15 three days after the deadline, Party B may terminate this Contract. In that case, Party A shall reimburse Party B of all costs and expenses incurred from the performance of this Contract. (2) There is a material defect in the technical materials, original data and assistance provided by Party A, which causes suspension, delay or failure probation period) in advance in accordance with the development of the Project, Party A shall be fully liable for such suspension, delay or failure. However, if Party B becomes aware that there is certain defect in the materials and data provided by Party A, but it fails to notify Party A for correction or supplementationlaw, Party B shall be subject liable for compensation for the economic losses caused to the liability accordingly.Party A. (3) Article 37 If Party A refuses B violates the Company’s rules and regulations or delays commits dereliction of duty during the existence of the employment relationship and thereby causes losses to accept the deliverables without any justifiable cause, which causes such deliverables are lawfully acquired by any third party or the practical value of such deliverables is lost in its novelty, or such deliverables are damaged or lost by accidentParty A, Party A shall have the right to take one or more of the following measures: 1. adjust Party B’s job position, title or rank; 2. rescind this Employment Contract; and 3. require Party B to pay damages (the specific amount of damages and the method of calculation of the losses shall be liable subject to the Company’s regulations). Party A may deduct the compensation directly from Party B’s salary (the monthly deduction shall not exceed 20% of the monthly salary and the remaining salary after deduction shall not be lower than the local monthly minimum salary, unless otherwise specified by the local authorities or Party B has applied for such damage or lossresignation). Article 38 If Party B is found to owe money to Party A or have other unsettled issues, it agrees that Party A may deduct the relevant amount from Party B’s salary and financial compensation and other benefits for Party B’s leaving the Company; and if Party B’s salary and financial compensation or benefits are insufficient, Party B shall pay the difference to Party A before leaving the Company. Party B’s liability for damages to Party A shall be determined according to the degree of fault: if the loss is intentionally caused, Party B shall bear the full liability for compensation; if the loss is caused by negligence, the damage to be borne by Party B shall be determined according to the degree of its negligence. Article 39 If the Company provides professional technical training for Party B, Party B shall serve Party A for a certain period (4) the specific period shall be subject to the stipulation in the training service agreement). If Party B leaves before the expiry of the service period, Party B shall pay Party A the liquidated damages equivalent to the training expenses that shall be shared for the remaining service period. Article 40 If Party A fails signs a Competition Restriction Agreement with Party B due to provide effective cooperation or conduct acceptance on time according to Party B’s requirementsbusiness needs, Party B’s performance B shall abide by the provisions of its obligations regarding delivery and subsequent development plan shall be postponed accordinglythe Competition Restriction Agreement. If Party A fails to do so for more than 20 daysB violates the Competition Restriction Agreement, Party B may terminate this Contract. shall pay Party A shall reimburse all costs and expenses incurred by Party B for performance of this Contract, and pay to Party B the liquidated damages at 5‰ damages, which amount shall be subject to the provisions of the costs and expenses incurred by Party B. (5) If Party A terminates this Contract due to its own reason before any module is delivered, it shall reimburse Party B of all costs and expenses incurred from the performance of this Contract, and pay to Party B the liquidated damages at 5‰ of all costs and expensesCompetition Restriction Agreement. (6) If Party A terminates this Contract due to its own reason after any module is delivered, Party A shall reimburse Party B of all costs and expenses incurred from the performance of this Contract and indemnify Party B against all losses and damages resulting therefrom.

Liabilities for Breach of Contract. 1. Party A’s Liabilities for Breach of Contract (1) 9.01 Should Party A fails fail to provide perform the agreed technical materialscontract herein, original data or assistance for more than 15 days after the deadline, it shall refund Party B may terminate twice the amount of the security deposit; should Party B fail to perform the contract herein, it shall forfeit its right to the security deposit refund. 9.02 Should any party breach this Contractcontract, the violating party shall pay a penalty in the amount of 3% of the total transfer price to the other party and assume damages for the actual loss incurred. 9.03 Party B shall pay a late fee for any outstanding payments in the amount of 0.3% of the total payable for each day the payment is overdue. In that caseIf the overdue period exceeds three months, Party A shall reimburse is entitled to cancel this contract, and Party B of all costs and expenses shall be liable for any losses incurred from the performance of this Contractto Party A as a result. (2) There is a material defect in the technical materials, original data and assistance provided by Party A, which causes suspension, delay or failure in the development of the Project, Party A shall be fully liable for such suspension, delay or failure. However, if 9.04 Should Party B becomes aware that there fail to start its construction by the date as specified hereunder, and the land is certain defect in the materials and data provided by Party A, but it fails to notify Party A for correction or supplementationdeemed as unused, Party B shall be subject to the liability accordinglyprocedures of the state-owned land agency according to the law. This shall not apply in those instances whereby the failure to commence construction in a timely manner is the result of Force majeure or actions on the part of the government or any governmental agency. (3) If 9.05 Should Party B fail to complete its construction by the completion date as stipulated hereunder, it shall pay to a penalty to Party A refuses in the amount of 1% of the total land transfer price for each day the construction is delayed. Should it fail to complete the construction within 1 year after the completion date as stipulated hereunder, the state-owned land agency may recover the use right for the undeveloped land for free. This shall not apply in those instances in which the failure to complete the construction in a timely manner is the result of Force majeure or delays to accept any actions on the deliverables without part of the government or any justifiable cause, which causes such deliverables are lawfully acquired by any third party or the practical value of such deliverables is lost in its novelty, or such deliverables are damaged or lost by accident, Party A shall be liable for such damage or lossgovernmental agency. (4) If 9.06 Should the investment of Party A fails B in the land herein fail to provide effective cooperation or conduct acceptance on time according to Party B’s requirements, Party B’s performance reach 90% of its obligations regarding delivery and subsequent development plan shall be postponed accordingly. If Party A fails to do so for more than 20 daysthe total investment as stipulated hereunder, Party B may terminate this Contract. shall pay a penalty to Party A shall reimburse all costs in the amount of 1% of the total land transfer price for every 1% short. 9.07 If the proportion of land used for its business offices and expenses incurred by supporting facilities exceeds the criteria stipulated hereunder, Party B for performance of this Contract, and shall pay a penalty to Party B A in the liquidated damages at 5‰ amount of 1% of the costs and expenses incurred by Party B. (total land transfer price for every 1% of excess. Should the overuse exceed 5) If Party A terminates this Contract due to its own reason before any module is delivered%, it shall reimburse Party B of all costs and expenses incurred from shall demolish [the performance of this Contract, and pay to Party B the liquidated damages at 5‰ of all costs and expensesconstruction] on its own. (6) If Party A terminates this Contract due to its own reason after any module is delivered, Party A shall reimburse Party B of all costs and expenses incurred from the performance of this Contract and indemnify Party B against all losses and damages resulting therefrom.

Liabilities for Breach of Contract. 1. (a) When breaching this Contract or the Articles of Association, the breaching Party A’s Liabilities shall be liable for Breach of Contractany actual loss suffered by other Party due to the breach. (1b) Party A fails The right to provide the agreed technical materials, original data or assistance for more than 15 days after the deadline, Party B may terminate this Contract. In that caseContract early under this Contract is in addition to other remedies available to the other Party, any forbearance from exercising such right shall not relieve the breaching Party A from performing any obligations accrued before the termination, nor relieve the breaching Party from compensating other Party for any losses caused due to violation of this Contract or the Articles of Association. (c) This Article shall reimburse Party B of all costs be applied to the maximum extent permitted by law, and expenses incurred from shall survive the performance early termination or expiration of this Contract. (2d) There is a material defect Subject to that either Party (AOS Party or Fund Party) fulfills the contribution arrangement set forth in Schedule A hereto (“Non-Breaching Party”), if the technical materials, original data and assistance other Party fails to contribute as provided for by Party Schedule A, which causes suspension, delay or failure in it will be deemed to have breached this Contract (“Breaching Party”). If the development of the Project, Breaching Party A shall be fully liable for such suspension, delay or failure. However, if Party B becomes aware that there is certain defect in the materials and data provided by Party A, but it fails to notify Party A for correction or supplementation, Party B shall be subject take any remedies satisfactory to the liability accordingly. (3) If Non-Breaching Party A refuses or delays to accept the deliverables without any justifiable causewithin 30 days after such breach, which causes such deliverables are lawfully acquired by any third party or the practical value of such deliverables is lost in its novelty, or such deliverables are damaged or lost by accident, Party A it shall be liable for such damage damages. In case of the above breach, the Non-Breaching Party is entitled to suspend performance of any obligations hereunder, until the Breaching Party has taken remedies satisfactory to the Non-Breaching Party, or losscompensated fully. (4e) If the AOS Party A fails does not own lawfully the equipment and patent and technology contributed, it will be deemed to provide effective cooperation or conduct acceptance on time according to Party B’s requirements, Party B’s performance of its obligations regarding delivery and subsequent development plan shall be postponed accordingly. If Party A fails to do so for more than 20 days, Party B may terminate have breached this Contract. If AOS fails to take any remedies satisfactory to the Fund Party A within 30 days after such breach, AOS Party shall reimburse all costs and expenses incurred be liable for damages. In case of the above breach, the Fund Party is entitled to suspend performance of any obligations hereunder, until the AOS Party has taken remedies satisfactory to the Fund Party, or compensated fully. (f) Any delay of transferring the equipment, patent or technology contributed by AOS Party B for performance caused by the asset transfer formalities with relevant governmental authorities shall not be deemed as breach of contract. (g) If either Party fails to perform its obligations under this Contract or the Articles of Association, or its representation or warranty hereunder is seriously untrue or inaccurate, it will constitute breach of this Contract, and pay to is a “Breaching Party”. In such case, the other Party B shall notify the liquidated damages at 5‰ Breaching Party in writing of such breach. If the costs and expenses incurred by breach is remediable, the Breaching Party B. (5) If Party A terminates this Contract due to shall correct its own reason before any module is delivered, it shall reimburse Party B of all costs and expenses incurred from the performance of this Contract, and pay to Party B the liquidated damages at 5‰ of all costs and expenses. (6) If Party A terminates this Contract due to its own reason after any module is delivered, Party A shall reimburse Party B of all costs and expenses incurred from the performance of this Contract and indemnify Party B against all losses and damages resulting therefrom.breach within thirty

Liabilities for Breach of Contract. 1(i) If Party B should fail to pay the advertising charges within the prescribed period of time then it shall pay to Party A a delinquent charge equivalent to 0.05 percent of the amount overdue for each day in its delay in payment for the same. Party A’s Liabilities for Breach of Contract (1) A will issue a notice in writing to Party A B if the failure to pay such sums shall exceed one calendar month and shall be entitled to terminate this contract if Party B still fails to provide pay within one calendar month after such notice. Party B shall dismantle and remove the agreed technical materials, original data or assistance for more than 15 full colored visual electronic LED video panels and its supporting equipment and facility within 10 working days after the deadline, termination of contract and also in the process reinstate the pre-exisiting equipment of Party A at the original locations thereof. In the event of default on the part of Party B may terminate this Contract. In that case, Party A shall reimburse Party B to perform its obligation of all costs and expenses incurred from the performance of this Contract. (2) There is a material defect in the technical materials, original data and assistance provided by Party A, which causes suspension, delay or failure in the development of the Project, removal Party A shall be fully liable entitled to perform the task for such suspension, delay or failure. However, if Party B becomes aware provided that there is certain defect all the incidental expenses of such removal shall be borne by Party B and Party B shall observe the stipulation as agreed in the materials following paragraph (iii) of Clause 7. If Party A should fail to complete the application for and data provided obtain all requisite approvals of relevant departments of the government in respect of the rebuilding work involving LED video panels within 60 days after the signing of the contract then it shall refund the deposit to Party B. (ii) During the period for publication of advertisements under this contract Party A shall assist Party B in the daily management of the LED light boxes, in the event of any stoppage of electricity supply caused by Party A, but it fails to notify A or any incidental delay in the timely repair of the system Party A shall make an allowance of time to Party B equivalent to the number of days for correction or supplementationwhich such stoppage of electricity supply has actually persisted. (iii) The rights and obligations of Party A Party A and Party B have signed this contract together to confirm the agreement they reached on the principal terms of the subject matter and the procedural steps to put the same into operation, both parties should act according to the principle of integrity and sincerity and conscientiously perform their respective obligations under the contract. Party B shall be subject liable for any breach of the contract on its part except where it is due to the liability accordingly. (3) If Party A refuses or delays to accept the deliverables without any justifiable cause, which causes such deliverables are lawfully acquired by any third party or the practical value of such deliverables is lost in its novelty, or such deliverables are damaged or lost by accident, Party A shall force majeure and be liable to pay a sum equivalent to 20% of the annual rental as agreed damage for such damage or lossbreach of contract. (4) If Party A fails to provide effective cooperation or conduct acceptance on time according to Party B’s requirements, Party B’s performance of its obligations regarding delivery and subsequent development plan shall be postponed accordingly. If Party A fails to do so for more than 20 days, Party B may terminate this Contract. Party A shall reimburse all costs and expenses incurred by Party B for performance of this Contract, and pay to Party B the liquidated damages at 5‰ of the costs and expenses incurred by Party B. (5) If Party A terminates this Contract due to its own reason before any module is delivered, it shall reimburse Party B of all costs and expenses incurred from the performance of this Contract, and pay to Party B the liquidated damages at 5‰ of all costs and expenses. (6) If Party A terminates this Contract due to its own reason after any module is delivered, Party A shall reimburse Party B of all costs and expenses incurred from the performance of this Contract and indemnify Party B against all losses and damages resulting therefrom.

Liabilities for Breach of Contract. 1. 15.1 If a Party A’s Liabilities suffers any loss as a result of the breach of this Contract by the other party, he/it shall be liable for Breach of Contractcompensation in accordance with the relevant laws and regulations. (1) 15.2 If Party A fails suffers any loss due to provide the agreed technical materials, original data or assistance for more than 15 days after discharge of this Contract by Party B that is in violation of the deadlinenational laws and regulations, Party B may terminate this Contract. In that case, shall be liable for compensation according to the actual loss of Party A shall reimburse Party B of all costs and expenses incurred from or the performance requirements of this Contract. (2) There 15.3 If Party B violates Article 3.1, he shall, once confirmed after investigation, pay to Party A penalty for breach of contract, which is a material defect in 10 times the technical materials, original data and assistance provided by total amount of Party B’s annual basic salary. If such penalty for breach of contract is insufficient to cover the loss of Party A, which causes suspension, delay or failure in Party B shall fully compensate the development loss suffered by Party A. Any breach involving criminal offences shall be referred to the relevant government departments for handling. 15.4 If Party A suffers any loss because of the Projectnegligence, Party A shall be fully liable for such suspension, delay fault or failure. However, if fraudulent act of Party B becomes aware that there is certain defect in during the materials and data provided by Party A, but it fails to notify Party A for correction or supplementationperformance of his duties, Party B shall be subject to liable for compensation. The amount of such compensation shall be at least 20% of the liability accordinglyvalue of the loss suffered by Party A. If, however, the ratio of compensation for loss as required by the rules and regulations of Party A is greater than 20%, such ratio prescribed in the rules and regulations shall prevail. (3) 15.5 If Party B violates the non-competition obligation or confidentiality obligation described herein, he shall, once confirmed by Party A refuses or delays after investigation, pay to accept the deliverables without any justifiable causeParty A penalty for breach of contract, which causes such deliverables are lawfully acquired by any third party or is 5 times the practical value total amount of such deliverables is lost in its novelty, or such deliverables are damaged or lost by accident, Party A shall be liable for such damage or loss. (4) If Party A fails to provide effective cooperation or conduct acceptance on time according to Party B’s requirements, Party B’s performance of its obligations regarding delivery and subsequent development plan shall be postponed accordinglycompensation. If the penalty for breach of contract is insufficient to cover the actual loss of Party A fails to do so for more than 20 daysA, Party B may terminate this Contract. shall compensate the loss suffered by Party A. Should there be any provisions in the Confidentiality and Non-Competition Agreement separately signed by Party A shall reimburse all costs and expenses incurred by Party B for performance of this Contractwith respect to penalty, the provisions in the Confidentiality and pay to Non-Competition Agreement shall prevail. 15.6 If Party B the liquidated damages at 5‰ of the costs has entered into other related agreements with Party A, he shall perform his liabilities and expenses incurred by Party B. (5) If Party A terminates this Contract due to its own reason before any module is delivered, it shall reimburse Party B of all costs and expenses incurred from the performance of this Contract, and pay to Party B the liquidated damages at 5‰ of all costs and expensesobligations thereunder. (6) If Party A terminates this Contract due to its own reason after any module is delivered, Party A shall reimburse Party B of all costs and expenses incurred from the performance of this Contract and indemnify Party B against all losses and damages resulting therefrom.

Liabilities for Breach of Contract. Party B’s liabilities for breach of contract 1. If Party B pays the rent and utility bills overdue, it shall pay Party A the overdue penalty at 1% of the overdue utility bills per day, and Party A has the right to interrupt the utility supply of the leasing premises with all economic losses and legal liabilities arising therefrom borne by Party B. 2. Upon the expiration of the lease term or the termination hereof, Party B shall return the leasing premises as scheduled. If Party B returns the leasing premises overdue, it shall indemnify Party A all losses caused thereby. 3. If Party A terminates the contract in advance due to Party B’s breach of the contract, or Party B terminates the contract in advance due to its own reasons, all immovable ornaments and decorations of the leasing premises, such as the interior and exterior walls, floors, doors and windows, facades, roofs, cylinders, internal pipelines, power distribution cabinets, electricity meters shall be owned by Party A, and Party B shall indemnify Party A all losses caused thereby. 4. If Party B violates other stipulations in the contract, Party A has the right to unilaterally terminate the contract and interrupt the utility supply, and require Party B to indemnify Party A all losses caused thereby. Party A’s Liabilities liabilities for Breach breach of Contract (1) contract If Party B terminates the contract in advance due to Party A’s breach of the contract, or Party A fails terminates the contract in advance due to provide the agreed technical materials, original data or assistance for more than 15 days after the deadline, Party B may terminate this Contract. In that caseits own reasons, Party A shall reimburse compensate Party B of all costs and expenses incurred from by refunding the performance of this Contract. (2) There is a material defect in received rents payable for the technical materials, original data and assistance provided by Party A, which causes suspension, delay or failure in the development balance of the Project, Party A shall be fully liable for such suspension, delay or failure. However, if lease term and indemnifying Party B becomes aware that there is certain defect all economic losses caused thereby in the materials and data provided by Party A, but it fails to notify Party A for correction or supplementation, Party B shall be subject to the liability accordinglyfull amount. (3) If Party A refuses or delays to accept the deliverables without any justifiable cause, which causes such deliverables are lawfully acquired by any third party or the practical value of such deliverables is lost in its novelty, or such deliverables are damaged or lost by accident, Party A shall be liable for such damage or loss. (4) If Party A fails to provide effective cooperation or conduct acceptance on time according to Party B’s requirements, Party B’s performance of its obligations regarding delivery and subsequent development plan shall be postponed accordingly. If Party A fails to do so for more than 20 days, Party B may terminate this Contract. Party A shall reimburse all costs and expenses incurred by Party B for performance of this Contract, and pay to Party B the liquidated damages at 5‰ of the costs and expenses incurred by Party B. (5) If Party A terminates this Contract due to its own reason before any module is delivered, it shall reimburse Party B of all costs and expenses incurred from the performance of this Contract, and pay to Party B the liquidated damages at 5‰ of all costs and expenses. (6) If Party A terminates this Contract due to its own reason after any module is delivered, Party A shall reimburse Party B of all costs and expenses incurred from the performance of this Contract and indemnify Party B against all losses and damages resulting therefrom.

Liabilities for Breach of Contract. 1. In case of breach of contract by Party A’s Liabilities for Breach retrieving of Contract (1) Party A fails to provide the agreed technical materials, original data or assistance for more than 15 days after operating right of the deadline, Party B may terminate this Contract. In that caseScenic Area, Party A shall reimburse assume the following liabilities: 1.1 to pay 150% of the evaluated value of the assets formed by the actual investment of Party B of all costs and expenses incurred from the performance of this Contractas penalty; 1.2 to compensate Party B for its direct financial loss. (2) There is a material defect . If Party B has not paid the resource fee and the franchise fee on schedule according to the Agreement, it shall bear the penalty fee for overdue payment calculated by doubling the corresponding interest rates on bank loans. 3. If either Party has broken the agreement by failure to fulfill all or part of its liabilities prescribed by the Agreement and caused loss to the other Party, the breaching Party shall bear the responsibility of loss compensation. If breach of contract has led to invalidity of the Agreement, the breaching Party shall bear the responsibility in the technical materials, original data and assistance provided by following way: 3.1 If it is Party A, which causes suspension, delay or failure in the development B’s breach of contract that has led to invalidity of the ProjectAgreement, Party A shall be fully liable for such suspensionhave the right to terminate the Agreement in advance and retrieve the operating right of the Scenic Area, delay or failure. However, if and Party B becomes aware that there is certain defect in shall bear the materials and data provided by compensation responsibility for Party A, but ’s loss. 3.2 If it fails is Party A’s breach of contract that has led to notify Party A for correction or supplementationinvalidity of the Agreement, Party B shall be subject have the right to demand Party A to promptly correct its wrong doings so as to continue its fulfillment of the liability accordingly. (3) Agreement. If Party A refuses has failed to do that, Party B shall have the right to terminate the Agreement in advance, and Party A shall bear the same liabilities for breach of contract prescribed in Section 1 of this Article. 4. If for breach of contract by Party B the registered capital has not come in place in the time prescribed by the state, or delays Party B has failed to accept complete the deliverables without any justifiable causedevelopment of and operate formally the construction project within five years according to the plan, which causes such deliverables are lawfully acquired by any third party or the practical value is prescribed in Point 1 of such deliverables is lost in its novelty, or such deliverables are damaged or lost by accidentSection 1 of Article 3, Party A shall be liable for such damage or loss. (4) If Party A fails have the right to provide effective cooperation or conduct acceptance on time according to Party B’s requirements, Party B’s performance of its obligations regarding delivery and subsequent development plan shall be postponed accordingly. If Party A fails to do so for more than 20 days, demand that Party B may terminate this Contract. start the construction promptly, or Party A shall reimburse all costs have the right to terminate the Agreement in advance and expenses incurred by Party B for performance of this Contract, and pay to Party B retrieve the liquidated damages at 5‰ operating right of the costs and expenses incurred by Party B. (5) If Party A terminates this Contract due to its own reason before any module is delivered, it shall reimburse Party B of all costs and expenses incurred from the performance of this Contract, and pay to Party B the liquidated damages at 5‰ of all costs and expensesScenic Area. (6) If Party A terminates this Contract due to its own reason after any module is delivered, Party A shall reimburse Party B of all costs and expenses incurred from the performance of this Contract and indemnify Party B against all losses and damages resulting therefrom.

Liabilities for Breach of Contract. 110.1 Where any representation or warranty made herein by any Party (“Breaching Party”) is false or wrong, or such representation or warranty is not timely or properly performed, such Party shall be deemed to have breached this Agreement. Where any Party A’s Liabilities for Breach of Contract (1) Party A fails to provide the agreed technical materialsperform any of its undertakings or obligations hereunder, original data or assistance for more than 15 days after the deadline, Party B may terminate it shall be deemed to have constituted a breach of this ContractAgreement by such Party. In that caseaddition to fulfillment of other obligations agreed herein, the Breaching Party A shall reimburse compensate for and assume all losses, damages and costs (including, without limitation, reasonable attorney’s fee, audit fee, fee of financial advisor) and liabilities incurred or suffered by the non-breaching Party B due to such breach. 10.2 Without prejudice to any other provisions in this Article 10, if any Party fails to perform any of all costs and expenses incurred from its obligations hereunder, the other Parties shall be entitled to demand the Breaching Party for specific performance of this Contractsuch obligations in addition to exercise of any other rights and remedies hereunder. (2) There is a material defect 10.3 Without prejudice to any other provisions in the technical materials, original data and assistance provided by Party A, which causes suspension, delay or failure in the development of the Project, Party A shall be fully liable for such suspension, delay or failure. Howeverthis Article 10, if Party B becomes aware that there is certain defect in the materials and data provided by Party A, but it Seller fails to notify Party A for correction or supplementation, Party B shall be transfer the shares to the Purchaser completely subject to the liability accordinglyterms and conditions hereof, the Purchaser may unilaterally terminate this Agreement based on such substantial breach, and demand the Seller to compensate for the losses, damages and costs (including, without limitation, reasonable attorney’s fee, audit fee, fee of financial advisor) suffered by the Purchaser in connection with the Acquisition prior to such termination. 10.4 Without prejudice to any other provisions herein, upon completion of the Acquisition, if the Group Companies are required to pay any damages, compensation, arrears, fines (3including penalty interest) If Party A refuses or delays costs (“Costs”) incurred prior to accept the deliverables without Closing Date to relevant governmental authority and/or third party, and/or if the Group Companies has paid any justifiable causesurcharge relating to taxes prior to the Closing Date, which causes such deliverables are lawfully acquired by any third party undisclosed unpaid taxes, fines or penalties prior to the practical value of such deliverables is lost in its noveltyClosing Date (“Delinquent Taxes”), or such deliverables are damaged or lost by accident, Party A then the Seller shall be liable for such damage or loss. (4) If Party A fails to provide effective cooperation or conduct acceptance on time according to Party B’s requirements, Party B’s performance of its obligations regarding delivery and subsequent development plan shall be postponed accordingly. If Party A fails to do so for more than 20 days, Party B may terminate this Contract. Party A shall reimburse all costs and expenses incurred by Party B for performance of this ContractCosts and/or Delinquent Taxes, and pay to Party B compensate the liquidated damages at 5‰ Group Companies per the actual amount thereof within 7 days upon occurrence of the costs and expenses incurred by Party B. (5) If Party A terminates this Contract due to its own reason before any module is delivered, it shall reimburse Party B of all costs and expenses incurred from the performance of this Contract, and pay to Party B the liquidated damages at 5‰ of all costs and expensessuch Costs and/or Delinquent Taxes. (6) If Party A terminates this Contract due to its own reason after any module is delivered, Party A shall reimburse Party B of all costs and expenses incurred from the performance of this Contract and indemnify Party B against all losses and damages resulting therefrom.

Liabilities for Breach of Contract. 1. Party A’s Liabilities for Breach of After entering into this Contract (1) , neither Party A nor Party B shall propose to terminate (rescind) this Contract without cause, the defaulting Party shall pay liquidated damages in a lump sum of ten percent (10%) of the Transfer Price to the other Party; in case the other Party suffers from any loss, the defaulting Party shall be liable for compensations. 2. In case either Party A or Party B violates any of its representations, warranties and undertakings, the other Party shall be entitled to require the defaulting Party to pay liquidated damages in the amount of ten percent (10%) of the Transfer Price. 3. In the event that Party B fails to provide pay the agreed technical materials, original data or assistance for more than 15 days after Transfer Price according to the deadline, Party B may terminate this Contract. In that case, Party A shall reimburse Party B of all costs and expenses incurred from the performance of this Contract. (2) There is a material defect in the technical materials, original data and assistance provided by Party A, which causes suspension, delay or failure in the development of the Projectprovisions hereof, Party A shall be fully liable for such suspension, delay or failure. However, if entitled to rescind this Contract and confiscate the full amount of the guarantee fund paid by Party B becomes aware and require Party B to compensate the losses (which shall be calculated by the standard of five ten-thousandth (5 ) of the total amount of unpaid Transfer Price per day). In the event that there is certain defect Party A does not exercise its right to rescind this Contract, it shall be entitled to require Party B to pay liquidated damages in the materials and data provided by amount of five ten-thousandth (5 ) of the total amount of unpaid Transfer Price per day. 4. In the event that Party A, but it A fails to notify Party A for correction or supplementationdeliver the Transfer Target according to the provisions hereof, Party B shall be subject entitled to the liability accordingly. (3) If rescind this Contract and require Party A refuses or delays to accept compensate the deliverables without any justifiable cause, which causes such deliverables are lawfully acquired by any third party or the practical value of such deliverables is lost in its novelty, or such deliverables are damaged or lost by accident, Party A shall be liable for such damage or loss. (4) If Party A fails to provide effective cooperation or conduct acceptance on time according to Party B’s requirements, Party B’s performance of its obligations regarding delivery and subsequent development plan shall be postponed accordinglylosses arising therefrom. If Party A fails to do so for more than 20 days, Party B may terminate this Contract. Party A shall reimburse all costs and expenses incurred by Party B for performance of this Contract, and pay to Party B the liquidated damages at 5‰ of the costs and expenses incurred by Party B. (5) If Party A terminates this Contract due to its own reason before any module is deliveredIn addition, it shall reimburse be entitled to require Party B of all costs and expenses incurred from the performance of this Contract, and A to pay to Party B the liquidated damages at 5‰ in the amount of all costs and expensesten percent (10%) of the Transfer Price. (6) If Party A terminates 5. In case this Contract cannot be performed, or fully performed or is recognized by relevant authorities as invalid due to its own reason after any module is deliveredthe fault of either Party, the defaulting Party A shall reimburse Party B assume the liabilities for breach of all costs and expenses incurred from the performance of this Contract and indemnify Party B against all losses and damages resulting therefromcontract. If both Parties are at fault, both Parties shall assume liabilities respectively corresponding to their faults.