Liabilities for Breach of the Contract. Article 30 The Assignee shall pay in due time the assignment charge of the state-owned construction land use right according to the terms of this contract. In case the Assignee fails to pay on schedule the assignment charge of the state-owned construction land use right, the daily penalty to the Assignee is to pay to the Assignor 1 ‰ of the deferred payment starting from the first day after exceeding the time limit. In case the Assignee fails to pay the assignment charge of the state-owned construction land use right after 60 days, and neglects the Assignor’s urges for payment, the Assignor has the right to terminate this contract, and the Assignee has no right to request the Assignor to refund the advance deposit. The Assignor may claim damages to the Assignee.
Article 31 In case the Assignee terminates its investment and construction on the assigned land for any reason whatsoever attributable to the Assignee, and proposes to the Assignor to request to terminate the contract and return back the assigned land, the Assignor shall report for approval to the people’s government which approves the land right use assignment plan. After approval, the Assignor shall, according to the following agreements, refund all or part of the assignment charge of the state-owned construction land use right (without interest) except for the advance deposit determined in this contract, and withdraw the state-owned construction land use right. All the established buildings, fixtures and their affiliated facilities within the boundaries of the assigned land shall not be compensated while the Assignor may request the Assignee to remove or dismantle the established buildings, fixtures and their affiliated facilities to restore the leveled ground. But in case the Assignor is willing to take advantage of the established buildings, fixtures and their affiliated facilities within the boundaries of the assigned land, the Assignor shall make reasonable compensation to the Assignee:
1. Where the Assignee makes an application to the Assignor not less than 60 days before one year expires after the commencement date of construction determined in this contract, the Assignor shall refund all the paid assignment charge of the state-owned construction land use right except for the advance deposit.
2. Where the Assignee makes an application to the Assignor not less than 60 days before the first expires but the second year doesn’t expire after the commencement date of construction determined in t...
Liabilities for Breach of the Contract. 1. In case Party A does not utilize the loan s agreed upon, Party B has the right to charge interest by a daily rate of __ to the sum during the period of breach.
2. The party of the loan Party A does not repay on time is regarded as overdue loan , Party B has the right to charge interest by a daily rate of __ during the overdue period. In case Party A is able to repay the loan but transfers the capital on purpose to avoid repaying, Party B has the right to impose joint loan sanctions, and charge interest by a daily rate of __ to the sum during the overdue period
3. In case Party A arbitrarily change the system of the enterprise violating stipulations of ARTICLE 11 under the contract which results in the falling through of the obligatory right of the loan and loss of capital, Party B has the right to withhold part or all of the loan, and charge a fine of __ of the sum borrowed.
4. In case Party A violates stipulations of ARTICLE 15 under the contract, Party B has the right to charge a fine of __ of the sum borrowed.
5. Within the period of validity, in any one case of the following, Party B has the right to stop granting the loan, withhold the capital and interest of the loan or deal with the mortgage in advance, and to directly deduct from the account of Party A:
5.1 Party A does not use the loan to purpose stipulated, and will not correct by limited warning of Part B;
5.2 Party A submits Party B false plan, statistics and financial statement, etc;
5.3 In case of a loan contract with a guarantee or (and ) mortgage from a third party , when the guarantor violates the contract or loses the capacity of bearing joint liability, mortgager violates mortgage agreement or the mortgage does not compensate for the capital and interest of the loan, Party a can not provide new guarantee or (and) mortgage demanded by Party B
5.4 Party A is or well be involved in major legal action or arbitration and other legal disputes;
5.5 Other actions caused by Party A which impair its paying capacity or want of paying intent.
Liabilities for Breach of the Contract. I. The Borrower shall constitute a breach if any of the following occurs:
(I) The Borrower fails to pay the principal and interest as scheduled herein;
(II) The Borrower has acted against his representations and warranties in Article IX hereof;
(III) The Borrower has acted against any other provisions hereof.
II. Upon Borrower’s breach, the Loaner shall have the right to take one or more of the following actions:
(I) To require the Borrower to correct the breach in a defined time;
(II) To stop the Borrower’s draw down;
(III) To terminate this Contract and to require the Borrower to pay up mature or premature principal and the interest;
(IV) To require the Borrow to pay the overdue penalty interest if the Loan has exceeded its term;
(V) To require the Borrower to pay penalty interest for diversion of use of the Loan if the Borrower has so acted;
(VI) To require the Borrower to pay the compound interest for overdue interest;
(VII) To deduct and collect the amount of the due principal and interest from any of the Borrower’s accounts. Where the currency on the Borrower’s account is different from that of the Loan, the Loaner shall have the right to liquidate the Loan by converting it into the currency of the Loan at the exchange rate publicized on the date of the liquidation.
(VIII) To recourse the principal and interest of the Loan by legal means, with all expenses arising from the legal action to be on the Borrower’s account.
III. The Loaner shall pay for any loss caused on the Borrower by the Loaner’s failure to provide the Loan in accordance with the dates and amounts stipulated herein.
IV. In case any of the following occurs to the Guarantor (or Warantor, Pledgor or Pawner) hereunder, the Loaner shall have the right to take actions in accordance with the foregoing provisions herein:
(I) The Guarantor is in breach of the provisions of the Maximum Line Guarantee Contract, or his credit status is deteriorated or any other event that may weaken the capacity of guarantee happens;
(II) The Mortgagor is in breach of the provisions of the Maximum Line Guarantee Contract, or intentionally causes damage or destroys the object of mortgage or the value of the object of mortgage may be remarkably reduced or any other situation that may affect the mortgage rights of the Accreditor occurs;
(III) The Pledgor is in breach of the provisions of the Maximum Line Guarantee Contract, or the value of the object of pledge may be remarkably reduced or the pledge right must be dis...
Liabilities for Breach of the Contract. 1 If, after the Contract takes effect, the Creditor fails to perform the agreed obligations, it shall indemnify the Guarantor from any losses arise therefrom.
Liabilities for Breach of the Contract. 1. In case Party A does not utilize the loan s agreed upon, Party B has the right to charge interest by a daily rate of 0.05% to the sum during the period of breach. 2. The party of the loan Party A does not repay on time is regarded as overdue loan,
Liabilities for Breach of the Contract. 0. Xx case Party A does not utilize the loan s agreed upon, Party B has the right to charge interest by a daily rate of 0.06% to the sum during the period of breach. 2.The party of the loan Party A does not repay on time is regarded as overdue loan , Party B has the right to charge interest by a daily rate of 0.04% during the overdue period. In case Party A is able to repay the loan but transfers the capital on purpose to avoid repaying, Party B has the right to impose joint loan sanctions, and charge interest by a daily rate of 0.06% to the sum during the overdue period 0.Xx case Party A arbitrarily change the system of the enterprise violating stipulations of Article 11 under the contract which results in the falling through of the obligatory right of the loan and loss of capital, Party B has the right to withhold part or all of the loan, and charge a fine of 30% of the sum borrowed. 0.Xx case Party A violates stipulations of Article 15 under the contract, Party B has the right to charge a fine of 30% of the sum borrowed. 5.Within the period of validity, in any one case of the following, Party B has the right to stop granting the loan, withhold the capital and interest of the loan or deal with the mortgage in advance, and to directly deduct from the account of Party A:
Liabilities for Breach of the Contract. In the absence of any breach of the contract by the Lessee, if the Company fails to deliver the Leased Properties at the agreed time, the commencement date of the lease term shall be postponed accordingly. If the Company delays in delivering the Leased Properties for 90 days and fails to deliver within 30 days upon receipt of written notification from the Lessee, the Company shall pay the Lessee a penalty for the delayed delivery of the property based on the standard of 0.3% of the monthly guaranteed rent corresponding to the area of the delayed Leased Properties for each day of delay from the 31st day. During the lease term, if the Lessee delays or fails to pay rent, security deposit, utilities or other related expenses in full, it shall pay fine for delaying payment (penalty for late payment) equal to 0.2% of the amount payable for each day of delay. If the Lessee fails to perform any other obligation under this contract except the payment, the Lessee shall pay the Company penalty for the delay at 0.2% of the daily rent for each day of delay. If the Lessee delays in paying the rent or penalty for 15 days, in addition to demanding aforementioned penalty for late payment, the Company shall also have the right to take relevant compulsory measures to suspend the use of the Leased Properties by the Lessee and the sub-lessee, and the Lessee shall be fully liable for the losses and other adverse consequences caused thereby. If the Lessee delays in paying the rent or penalty for 15 days, the Company shall have the right to terminate the Lease Agreement in advance in addition to the Lessee paying the aforementioned penalty for late payment in double from the date of delay, and the Lessee shall pay penalty to the Company as agreed. Except that the Company has the right to recover part of the Leased Properties in advance as required in the contract, if the Lessee has no breach of contract or other circumstance detrimental to the interests of the Company during the lease term and the Company needs to terminate the Lease Agreement in advance due to its own reasons, the Company shall notify the Lessee in writing six months in advance. The Lease Agreement shall be terminated on the expiration of six months from the date of notification by the Company, and the unused guaranteed rent and security deposits paid shall be refunded according to the facts. Meanwhile, the Company shall compensate the Lessee for the actual losses incurred thereby.
Liabilities for Breach of the Contract. 8.1 Both parties shall perform and fulfill obligations specified herein after the Contract is put into effective. Either party failing to perform any parts or all of obligations herein shall bear liabilities for breach of the Contract according to laws (including legal expenses);
8.2 Party B shall have the right to claim against Party A for collection of penalties for delay based on the interest rate herein and the days of delay in case Party A fails to handle and withdraw the loan as stipulated in clause 3.2 hereinabove;
8.3 Party A shall have the right to claim against Party B for collection of penalties for delay based on the interest rate herein and the days of delay in case Party B fails to handle and issue the loan as stipulated in clause 3.2 hereinabove;
8.4 Party B shall have the right to calculate and collect interest according to the term of loan and interest rate specified herein if Party A repays the loan hereunder ahead of schedule without written approval of Party B;
8.5 If Party A fails to repay the loan principal and interest hereunder as scheduled, Party B shall have the right to require for liquidation within a limited period, exercise the right of offset with funds in all accounts opened by Party A in its own bank, collect default interest on the loan delayed at a rate 50% higher than the actual loan rate specified in the Contract, calculate and collect compound interest on the interest not paid based on the default interest rate;
8.6 If Party A fails to use the loan for the purpose as specified herein, Party B shall have the right to call in parts of or all of the loan or terminate the Contract ahead of schedule, collect default interest on the loan misused by Party A based on the days of default and a rate 100% higher than the actual loan rate specified in the Contract, calculate and collect compound interest on the interest not paid based on the default interest rate;
8.7 In case of concurrent occurrence of circumstances specified in clauses 8.5 and 8.6 hereinabove during use of the loan by Party A, Party B shall select the heavier penalty but not both of the penalties;
8.8 In case of any one of the following circumstances or events on the side of Party A, Party A shall correct and take remedy measures to the satisfaction of Party B within 7 (seven) days after receiving the notice from Party B, or else Party B shall have the right to recover parts of or all of the loan ahead of schedule and collect penalty based on days of default and...
Liabilities for Breach of the Contract. Liquidated Damages Early termination of this contract by either party will cause compensation to the other party, unless otherwise specified herein. A corresponding amount of will be paid to the other party as penalty. The amount will be calculated in accordance with the remaining months of the contract (in the case of less than one month, it will be counted as one month). How to calculate the liquidated damages: Average month salary for the early 12 months before contract termination×3×months to be early terminated.
Liabilities for Breach of the Contract. 5.1 Where either party is in violation of the provision in this Agreement which results in inability to perform the whole or part of this agreement, such party shall bear the liabilities for breach of the contract and make compensation to the other party for the losses arising therefrom (including the litigation costs and lawyer’s fees arising therefrom); where both parties are in violation of the contract, they shall bear their respective liabilities according to the actual situation.
5.2 Where the borrower fails to fulfill the repayment obligation within the deadline specified in this agreement, it shall pay the overdue interest of 0.05% of the unpaid amount every day until the date when the borrower repays all the loan principal, overdue interest and other funds.
