Liabilities for Breach of the Agreement. 11.1. If Party A fails to pay Party B when it becomes due under the Agreement, any Investment Management Services fee, performance-based bonus or Third Party Cost and Expense incurred by Party B while engaging a third party in Party B's own name in accordance with Section 6.1, Party A shall pay to Party B a sum equal to 0.05% of such amount due for each day that such amount is outstanding until it is paid in full.
11.2. Without prejudice to the validity and enforceability of the above sections, if the Entrusted Assets are not sufficient to cover the Investment Management Services fees, performance-based bonus and Third Party Costs and Expenses, Party B is entitled to give Party A a notice in writing to terminate this Agreement. This Agreement shall be terminated on the thirtieth day following the receipt of such written notice by Party A, unless otherwise waived by Party B.
11.3. Party A's violation of its representations, warranties or undertakings, or of any term of the Agreement, unless caused by events described in Section 13, shall constitute Party A's breach of the Agreement. Party A shall compensate Party B for losses sustained by Party B as a result of such breach. Party B is entitled to give Party A written notice to terminate this Agreement in the case of substantial losses caused by Party A's breach. The Agreement shall be terminated on the thirtieth day following the receipt of such written notice by Party A, unless otherwise waived by Party B.
11.4. Party B's violation of its representations, warranties or undertakings, or of any other term of the Agreement, or of the written requirements and written instructions made by Party A pursuant to the Agreement, shall constitute Party B's breach of the Agreement pursuant to Section 10.2 of the Agreement, unless caused by events described in Section 13. Party B shall compensate Party A for losses sustained by Party A as a result of such breach pursuant to Section 10.2 of the Agreement to the extent of the total amount of the Investment Management Services fees and performance-based bonus collected by Party B under the Agreement as of the day when Party B's default is established. Party A is entitled to give Party B a written notice to terminate this Agreement in the case of substantial losses caused by Party B's breach. The Agreement shall be terminated on the thirtieth day following the receipt of such written notice by Party B, unless otherwise waived by Party A.
Liabilities for Breach of the Agreement. 5.1 If the Licensee failed to pay the Licensor the License Fee according to the provisions of this Agreement, it shall pay the Licensor the compensation equivalent to the 0.02% of the overdue payment each day.
5.2 If the Licensor failed to perform its duties according to the provisions of this Agreement, the Licensor shall compensate for the loss imposed on the Licensee as the result of its failure.
Liabilities for Breach of the Agreement. 10.1 If any representations and/or warranties made by any Party hereunder contains, in any material aspects, intentional misrepresentations, omission or misleading statements, or if any Party is in breach of any covenants made therein, or if such Party is in breach of any agreements or other terms hereunder, such Party shall be deemed to have breached this Agreement, and be responsible to indemnify direct damages incurred by the observant Party.
10.2 If the Seller refuses to complete the change of the registration with the Administration for Market Regulation in relation to the Target Assets or hand over the Target Assets and relevant businesses and employees thereunder within the agreed time limit pursuant to the terms of this Agreement, the Seller shall pay an overdue penalty amounting to 0.05% of the consideration for the assets failed to be handed over as agreed per day, except for the cases where the delayed handover of the Target Assets is not due to the Seller’s faults (including but not limited to Force Majeure or any reasons due to the Purchaser), provided, that the liabilities to be borne by the Seller as a result of failure to complete the change of the registration with Administration for Market Regulation for any given Target Assets under this article shall not, in aggregate, exceed 1% of the valuation of such Target Assets.
10.3 If the Purchaser fails to pay the consideration pursuant to the terms of this Agreement, the Purchaser shall pay an overdue penalty amounting to 0.05% of the overdue consideration to the Seller per day, except for the cases where such failure are due to the Seller’s faults.
10.4 Unless there is an existing breach on the Seller’s side or a Force Majeure event, the Seller has the right to hold the Purchaser liable for the actual loss incurred in connection with the failure of the Purchaser to fulfil the condition precedent (6) in accordance with Article 4.1 of this Agreement.
Liabilities for Breach of the Agreement. 8.1 If, after the Agreement takes effect, the Creditor fails to perform the agreed obligations, it shall indemnify the Guarantor from any losses arise therefrom.
8.2 The Guarantor shall pay the liquidated damages amounting to percent of the maximum amount of the balance of the creditor’s right guaranteed hereunder and indemnify the Creditor from any and all losses if the Guarantor:
(1) fails to obtain the lawful and valid authorization necessary for the guarantee hereunder;
(2) fails to submit, in accordance with the stipulations of this Agreement, the financial statements, articles of association or other relevant materials or information which are true, complete and valid;
(3) fails to promptly notify the Creditor upon the occurrence of events set forth in Article 5.5;
(4) fails to obtain the consent of the Creditor prior to the conduction of the activities set forth in Article 5.6;
(5) conducts any other activities breaching the stipulations of this Agreement or affecting the realization of the creditor’s right by the Creditor.
Liabilities for Breach of the Agreement. In the event that either Party A or Party B violates the above-mentioned clauses, it shall be dealt with based on the administrative authority, and if it is suspected of committing a crime, it shall be transferred to judicial organs for criminal responsibility; if either Party causes economic losses to the other Party, it shall make compensation; apart from that, Party A, as the Buyer (Seller), shall be entitled to reserve the distrust in Party B’s settlement and (engineering) service quality and the right to rescind the Agreement.
Liabilities for Breach of the Agreement. 5.1 If the Party B failed to pay Party A the services fee according to the provisions of this Agreement, it shall pay Party A the compensation equivalent to the 0.02% of the overdue payment each day.
5.2 If the Party A failed to perform its duties according to the provisions of this Agreement, Party A shall compensate for the loss imposed on Party B as the result of its failure.
Liabilities for Breach of the Agreement. If Party A should breach this Agreement in any respect, including but limited to Section 3 hereof, Party B shall have the right to require Party A to immediately cease and desist, as well as to immediately cure, any such breach, including but not limited to using a Licensed Patent for his own purposes or permitting the use thereof by a third party; Party B also has the right to terminate the Agreement and demand that Party A pay a default fine in the amount caused by the breach of the Agreement. Party A hereby agrees to pay any such amount within five (5) days of receipt of Party B’s demand therefor.
Liabilities for Breach of the Agreement. 8.1. Party A's violation of its representations, warranties or undertakings, or of any term of the Agreement, unless caused by events described in Section 13, shall constitute Party A's breach of the Agreement. Party A shall compensate Party B for losses sustained by Party B as a result of such breach. Party B is entitled to give Party A written notice to terminate this Agreement in the case of substantial losses caused by Party A's breach. The Agreement shall be terminated on the thirtieth day following the receipt of such written notice by Party A, unless otherwise waived by Party B.
8.2. Party B's violation of its representations, warranties or undertakings, or of any other term of the Agreement, or of the written requirements and written instructions made by Party A pursuant to the Agreement, shall constitute Party B's breach of the Agreement pursuant to Section 10.2 of the Agreement, unless caused by events described in this Agreement. Party B shall compensate Party A for losses sustained by Party A as a result of such breach of the Agreement to the extent of the total amount of the Investment Management Services fees and performance-based bonus collected by Party B under the Agreement as of the day when Party B's default is established. Party A is entitled to give Party B a written notice to terminate this Agreement in the case of substantial losses caused by Party B's breach. The Agreement shall be terminated on the thirtieth day following the receipt of such written notice by Party B, unless otherwise waived by Party A.
Liabilities for Breach of the Agreement.
9.1. Any failure to perform or incomplete performance of any provision under this Agreement (including but not limited to failure to perform or incomplete performance of the obligations under the Agreement) or data protection laws and regulations by the Entrusted Party constitutes a default (the “Default”).
9.2. In the case of any Default by the Entrusted Party, the Entrusting Party has the right to:
(1) take effective remedial measures (such as suspending transmission of personal information, changing password, revoking permissions, disconnecting from network, etc.) to control or eliminate the security risks to the personal information provided by the Entrusting Party as a result of the Entrusted Party's Default;
(2) take action against the Entrusted Party’s Default in accordance with applicable laws and regulations, including but not limited to requiring the Entrusted Party to indemnify the Entrusting Party, its affiliates, subsidiaries and their respective subcontractors (if any), employees, directors, supervisors, agents or managing officers (collectively, the “Indemnified Party”) for the losses, expenses and penalties (collectively, the “Claims”, including litigation fees, foreseeable and reasonable loss of profits or revenue, and/or the claim or allegation brought by personal information subjects or government authorities regarding the processing of personal information);
(3) request the Entrusted Party to continue to perform the relevant obligations in accordance with the provisions of the Agreement; and
(4) terminate the Agreement in accordance with clause 10.1 under this Agreement.
9.3. In the case of any Default by the Entrusted Party, without prejudice to any other rights or remedies of the Indemnified Party under the laws of China or in connection with this Agreement, the Entrusted Party shall, in accordance with applicable laws and regulations:
(1) defend and hold the Indemnified Party harmless from claims against the Indemnified Party arising out of or in connection with any Default by the Entrusted Party and indemnify the Indemnified Party accordingly regarding such claims; and
(2) assist the Indemnified Party in defending claims, always act in accordance with the instructions of the Indemnified Party, hold the Indemnified Party harmless, and assume any other losses or legal liabilities arising therefrom at its own cost.
Liabilities for Breach of the Agreement. 如一方不履行本项目所规定的责任和义务,并在另一方以书面告知 20 天后仍不履行其责任和义务,则另一方有权采取相关措施使本项目得以执行,并向违约方索取由此造成的经济损失。 If either party fails to perform the responsibilities and obligations under the Agreement and still does not fulfill its responsibilities and obligations after receiving a written notice from the other party for 20 days, the other party has the right to take relevant measures to implement the program and claim for the economic loss for the delinquent party.