Liabilities for Breach of this Agreement. 5.1 Party A guarantee that it will not license the right of using this Variety to any third party, otherwise Party A will afford the direct economic loss and receivable benefit's loss to Party B; the formula for receivable benefit is: other party's quantity of production or quantity of sales X half a kilogram of this Variety's sales revenue of Party B.
5.2 Party B shall fully pay the using fee of this Variety to Party that it is due to pay, and the fine for delaying payment to Party A is 0.5 percentage of the amount per day.
Liabilities for Breach of this Agreement. 8.1. Any and all claims, lawsuits, damages, losses and expenses (including but not limited to legal fees and expenses and expenses for the investigation of any claims) occurred to or suffered by the other party (hereinafter referred to as the “non-breaching party”) due to the breach of any provision of this Agreement by one party (hereinafter referred to as the “breaching party”) under this Agreement, the breaching party agrees to fully compensate the non-breaching party. This compensation shall not affect the other rights and remedies that the non-breaching party may enjoy in accordance with laws and regulations regarding such violation of any terms of this Agreement by the breaching party. The rights and remedies enjoyed by the non-breaching party in respect of any breach of any provision of this Agreement by the breaching party shall remain valid even after the revocation, termination, or completion of this Agreement.
8.2. The breaching party shall make full payment to the non-breaching party for any and all losses incurred or suffered by the non-breaching party in connection with such breach, and shall make payment within thirty (30) days of receiving written notice from such non-breaching party.
Liabilities for Breach of this Agreement. 12.1 If either Party to this Agreement causes actual loss to other Parties due to breach or non-performance of its obligations under this Agreement in part or in all, the defaulting party is obliged to pay damages; in the event that multiple Parties are at fault for the loss, such Parties shall undertake their own liabilities for breach of agreement respectively based on actual conditions.
12.2 If one or several persons of Party B breaches Article 4, Article 5, Article 7, Article 8, Article 9, Article 10, Article 11 and/or Article 13.2, or materially breaches this Agreement, which causes any direct or indirect loss to Party A or its affiliates, senior management, directors, employees, management staff, professional consultants, authorized persons and agents (each as “Indemnified Party of Party A”), including but not limited to:
(1) any liabilities, loss, damage, claim, expenses and outlays, judgements, awards and penalty, excluding any incidental or indirect damage, loss and expenses;
(2) reasonable legal and consulting cost and expenses. Party A is entitled to request the responsible person of Party B to pay damages to Party A, and hold Party A harmless; Party A is entitled to deduct such loss and its related expenses or fees from the transfer price.
12.3 Notwithstanding the aforesaid articles, any violation of special undertakings contemplated in the Article 8 of this Agreement by one person or several persons of Party B shall constitute a fundamental breach of this Agreement. In case of Party B’s fundamental breach of this Agreement, Party A is entitled to take any of the following measures, in addition to its rights to claim against the responsible person of Party B for liabilities for breach of agreement stipulated under the aforesaid Article 12.2 that:
(1) Require Party B (the defaulting party) to cease the breach immediately;
(2) Elects to terminate the transactions contemplated by this Agreement without payment of any consideration of equity transfer and Party B (the defaulting party) shall return Party A all consideration of equity transfer that has been paid by Party A.
Liabilities for Breach of this Agreement. 1. The breaching Party of this Agreement shall pay compensation to the performing Party.
2. Either Party’s waiver of claim to the other Party’s breach of this Agreement is valid only in written form. No failure or neglect of Either Party hereto in any instance to exercise any right of claim or remedy hereunder shall constitute a waiver of any other right or privilege. Partial exercise of the rights or remedy shall not prevent such Party from exercising other rights and remedy.
Liabilities for Breach of this Agreement. Should either Party A or Party B breach any clause, or break any representation, warranty or undertaking made in this Agreement, the party in breach shall compensate the observant party for all the losses, including but not being limited to the fees paid, or the expenses spent by the observant party as a direct or indirect result of the breach of this agreement by the party in breach (including but not being limited to reasonable court fees, arbitration fee and attorney fees etc paid by the other party).
Liabilities for Breach of this Agreement. 9.1 Subject to Article 8.3 hereof, if at any time during the term of this Agreement either Party breaches any material provisions hereof, then the other Party may request in writing that such breach be rectified. The Party in breach shall rectify such breach accordingly within fifteen (15) days of receipt of such written request.
9.2 Where the Party in breach is unable to effect rectification within fifteen (15) days of receiving the other Party's written request to do so, then the other Party may terminate this Agreement immediately and request from the Party in breach compensation for all actual and non- speculative losses incurred as a result of that breach.
9.3 If Party A terminates this Agreement pursuant to Article 9.2 above, Party B shall pay to Party A a penalty amount equivalent to the standard quarterly service fee referred to in Article 4.2 above for the year in question.
9.4 If Party B terminates this Agreement pursuant to Article 9.2 above, the total amount of any compensation payable by Party A to Party B shall be limited to the total amount of the service fees already paid by Party B to Party A.
Liabilities for Breach of this Agreement. This agreement becomes effective and legally binding to both parties upon the execution by both parties. Neither party can terminate this Agreement unless for the event of force majeure. Otherwise, the breaching party bears the loss caused to the other party.
Liabilities for Breach of this Agreement. 9.1 After the effective date of this Agreement, if either party is in default, nonperforming, or partly performing terms of this Agreement, or is in default of any warranties, representations and undertakings of this Agreement, it may constitute default. The non-breaching party can allow the breaching party to remedy in a reasonable time period. If the breaching party does not remedy within the reasonable time period, the non-breaching party shall hold the breaching party liable for all the damages resulted from the breaching party’s default. All the economic loss, including attorney fees, litigation and arbitration costs incurred by the default, shall be paid by the breaching party. The breaching party shall also be responsible to participate the relevant litigation. The economic loss shall not exceed the amount that breaching party could anticipate or should anticipate as of the date of this Agreement. IP Licensing Agreement
Liabilities for Breach of this Agreement. As soon as this agreement will be signed and taken into effect, all parties shall strictly abide by this agreement otherwise the defaulting party shall pay the non-defaulting party related costs and losses.
Liabilities for Breach of this Agreement. In the process of performance of this Agreement, unless otherwise specified herein, any violation of the agreements contained herein by either party shall constitute a breach and such party shall assume the liabilities incurred therefrom.
