Common use of Liabilities for Breach of the Agreement Clause in Contracts

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. 11.111.1 Once the Agreement comes into effect, both Party A and Party B shall duly perform their respective obligations under the Agreement. Either Party that fails to perform part or whole of its obligations under the Agreement shall bear the liabilities for breach of the Agreement according to law. 11.2 If Party A prepays the loan under the Agreement without Party B’s consent, Party B shall be entitled to charge the interest according to the loan term and the interest rate as stipulated in the Agreement. 11.3.1 If Party A fails to pay Party B repay the principal of the loan when it becomes due due, Party B shall be entitled to request Party A to repay it within a time limit, and meanwhile, as an event of material breach, Party B shall be entitled to recover other undue loans that Party A has received from Party B. Party A hereby authorizes Party B to deduct the corresponding amount from all the accounts of Party A which are opened with Anyang Commercial Bank CO. LTD or all its branches to repay the loan under the Agreement. Meanwhile, any Investment Management Services feefor the overdue loan, performance-based bonus or Third a default interest calculated by raising 50% on the basis of the interest rate specified in the Agreement will be charged. 11.3.2 If Party Cost and Expense incurred by Party B while engaging a third party in Party B's own name A fails to repay the interest of the loan 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 Expensesstipulated time herein, Party B is shall be entitled to give request Party A to repay it within a notice in writing time limit or to terminate this recover the loan. Party A hereby authorizes Party B to deduct the corresponding amount from all the accounts of Party A which are opened with Anyang Commercial Bank CO. LTD of Anyang or all its branches to repay the loan under the Agreement. This Agreement shall be terminated For the accrued interest payable, within the loan term, Party B may charge a compound interest on the thirtieth day following basis of 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 interest rate stipulated in the Agreement, unless caused by events described in Section 13and after the loan becomes due, shall constitute Party A's breach B may charge a compound interest on the basis of the Agreement. Party A shall compensate Party B for losses sustained by Party B interest rate as a result of such breach. Party B is entitled to give Party A written notice to terminate this Agreement stipulated 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.Article 11.3.1.