Common use of Liabilities for Breach of Contract Clause in Contracts

Liabilities for Breach of Contract. 11.1 The Parties agree and acknowledge that if either Party (“Breaching Party”) materially breaches any covenant hereunder, or fails or delays to perform any material obligation hereunder, it will constitute a breach of this Agreement (“Breach”), and each of the other Parties (“Non-breaching Parties”) has the right to request the Breaching Party to correct or take remedial measures within a reasonable period. If the Breaching Party fails to do so within a reasonable period or ten (10) days after the Non-breaching Parties give a written notice requesting correction, then: (a) If the Existing Shareholders or the Company breaches, the WFOE has the right to terminate this Agreement and request the Breaching Parties (/Party) to compensate any damages; (b) If the WFOE breaches, the Non-breaching Parties have the right to request the Breaching Party to compensate damages, provided, however, that the Non-breaching Parties have no right to terminate or rescind this Agreement, unless the laws provide otherwise mandatorily. For purpose of this Article 11.1, the Existing Shareholders further acknowledge and agree that their breach of Article 6 hereof will constitute a material breach of this Agreement. The Company further acknowledges and agrees that its breach of Article 7 hereof will constitute a material breach of this Agreement. 11.2 Notwithstanding any other provisions hereof, this Article 11 shall survive the suspension or termination of this Agreement.

Liabilities for Breach of Contract. 11.1 The Parties agree and acknowledge that if either Party (“Breaching Party”) materially breaches any covenant hereunder, or fails or delays to perform any material obligation hereunder, it will constitute a breach of this Agreement (“Breach”), and each of the other Parties (“Non-breaching Parties”) has the right to request the Breaching Party to correct or take remedial measures within a reasonable period. If the Breaching Party fails to do so within a reasonable period or ten (10) days after the Non-breaching Parties give a written notice requesting correction, then: (a) If the Existing Shareholders or the Company breaches, the WFOE Xiaopeng Auto has the right to terminate this Agreement and request the Breaching Parties (/Party) to compensate any damages; (b) If the WFOE Xiaopeng Auto breaches, the Non-breaching Parties have the right to request the Breaching Party to compensate damages, provided, however, that the Non-breaching Parties have no right to terminate or rescind this Agreement, unless the laws provide otherwise mandatorily. For purpose of this Article 11.1, the Existing Shareholders further acknowledge and agree that their breach of Article 6 hereof will constitute a material breach of this Agreement. The Company further acknowledges and agrees that its breach of Article 7 hereof will constitute a material breach of this Agreement. 11.2 Notwithstanding any other provisions hereof, this Article 11 shall survive the suspension or termination of this Agreement.

Liabilities for Breach of Contract. 11.1 9.1 The Parties agree and acknowledge that if either Party (“Breaching Party”) materially breaches any covenant provision hereunder, or fails or delays to perform any material obligation hereunder, it will constitute a breach of this Agreement (“Breach”), and each of the other Parties (“Non-breaching Parties”) has the right to request the Breaching Party to correct or take remedial measures within a reasonable period. If the Breaching Party fails to do so within a reasonable period or ten (10) days after the Non-breaching Parties give a written notice requesting correction, then: (a) If the Existing Shareholders or the Company breaches, the WFOE Xiaopeng Auto has the right to terminate this Agreement and request the Breaching Parties (/Party) to compensate any damages; (b) If the WFOE Xiaopeng Auto breaches, the Non-breaching Parties have the right to request the Breaching Party to compensate damages, provided, however, that the Non-breaching Parties have no right to terminate or rescind this Agreement, unless the laws provide otherwise mandatorily. For purpose of this Article 11.19.1, the Company and the Existing Shareholders further acknowledge and agree that their breach of Article 6 hereof will constitute a material breach of this Agreement. The Company further acknowledges and agrees that its breach of Article 7 5 hereof will constitute a material breach of this Agreement. 11.2 9.2 Notwithstanding any other provisions hereof, this Article 11 9 shall survive the suspension or termination of this Agreement.

Liabilities for Breach of Contract. 11.1 9.1 The Parties agree and acknowledge that if either Party (“Breaching Party”) materially breaches any covenant provision hereunder, or fails or delays to perform any material obligation hereunder, it will constitute a breach of this Agreement (“Breach”), and the each of the other Parties (“Non-breaching Parties”) has the right to request the Breaching Party to correct or take remedial measures within a reasonable period. If the Breaching Party fails to do so within a reasonable period or ten (10) days after the Non-breaching Parties give a written notice requesting correction, then: (a) 9.1.1 If the Existing Shareholders any Shareholder or the Company breaches, the WFOE has the right to terminate this Agreement and request the Breaching Parties (/Party) to compensate any damages; (b) 9.1.2 If the WFOE breaches, the Non-breaching Parties have the right to request the Breaching Party to compensate damages, provided, however, that the Non-breaching Parties Shareholders and the Company have no right to terminate or rescind this AgreementAgreement unilaterally, unless the laws provide otherwise mandatorily. For purpose of this Article 11.1, the Existing Shareholders further acknowledge and agree that their breach of Article 6 hereof will constitute a material breach of this Agreement. The Company further acknowledges and agrees that its breach of Article 7 hereof will constitute a material breach of this Agreementotherwise. 11.2 9.2 Notwithstanding any other provisions hereof, this Article 11 9 shall survive the suspension or termination of this Agreement. 9.3 According to the terms and conditions of the Equity Pledge Agreement made between the Shareholders and the WFOE on the date of this Agreement, the Shareholders will create a pledge over their equity in the Company in favor of the WFOE, to secure the performance by the Company and the Shareholders of the obligations hereunder.

Liabilities for Breach of Contract. 11.1 The Parties agree and acknowledge that if either Party (“Breaching Party”) materially breaches any covenant hereunder, or fails or delays to perform any material obligation hereunder, it will constitute a breach of this Agreement (“Breach”), and each of the other Parties (“Non-breaching Parties”) has the right to request the Breaching Party to correct or take remedial measures within a reasonable period. If the Breaching Party fails to do so within a reasonable period or ten (10) days after the Non-breaching Parties give a written notice requesting correction, then: (a) If the Existing Shareholders Shareholder or the Company breaches, the WFOE has the right to terminate this Agreement and request the Breaching Parties (/Party) to compensate any damages; (b) If the WFOE breaches, the Non-breaching Parties have the right to request the Breaching Party to compensate damages, provided, however, that the Non-breaching Parties have no right to terminate or rescind this Agreement, unless the laws provide otherwise mandatorily. For purpose of this Article 11.1, the Existing Shareholders Shareholder further acknowledge and agree that their breach of Article 6 hereof will constitute a material breach of this Agreement. The Company further acknowledges and agrees that its breach of Article 7 hereof will constitute a material breach of this Agreement. 11.2 Notwithstanding any other provisions hereof, this Article 11 shall survive the suspension or termination of this Agreement.