Liabilities for Breach. 9.1 The Parties agree and confirm that, if any of the Parties (the “Breaching Party”) is materially in breach of any provision hereof, or materially fails or delays in performing any of the obligations hereunder, a breach hereof is constituted (a “Breach”), and any of the other Parties which does not commit any Breach (a “Non-breaching Party”) has the right to require that the Breaching Party rectify it or take a remedial action within a reasonable period. If the Breaching Party fails to rectify the Breach or take remedial actions within the reasonable period or within ten (10) days of the other Party’s written rectification notice, then: 9.1.1. if any Shareholder or the Company is the Breaching Party, the WFOE is entitled to terminate this Agreement and require the Breaching Party to indemnify it against its damage; 9.1.2. if the WFOE is the Breaching Party, each of the Non-defaulting Parties is entitled to require the Breaching Party to indemnify it against its damage; but unless otherwise provided for by law, in no case does it have the right to terminate or cancel this Agreement. 9.2 Notwithstanding any other provision herein, the effect of this Article 9 shall not be affected by the suspension or termination of this Agreement.
Appears in 17 contracts
Samples: Shareholder Voting Right Proxy Agreement (Leju Holdings LTD), Shareholder Voting Right Proxy Agreement (Leju Holdings LTD), Shareholder Voting Right Proxy Agreement (Leju Holdings LTD)
Liabilities for Breach. 9.1 The Parties agree and confirm that, if any of the Parties (the “Breaching Party”) is materially in breach of any provision hereof, or materially fails or delays in performing any of the obligations hereunder, a breach hereof is constituted (a “Breach”), and any of the other Parties which does not commit any Breach (a “Non-breaching Party”) has the right to require that the Breaching Party rectify it or take a remedial action within a reasonable period. If the Breaching Party fails to rectify the Breach or take remedial actions within the a reasonable period or within ten (10) days of the other Party’s written rectification notice, then:
9.1.1. if any Shareholder or the Company is the Breaching Party, the WFOE is entitled to terminate this Agreement and require the Breaching Party to indemnify it against its damage;
9.1.2. if the WFOE is the Breaching Party, each of the Non-defaulting Parties is entitled to require the Breaching Party to indemnify it against its damage; but unless otherwise provided for by law, in no case does it have the right to terminate or cancel this Agreement.
9.2 Notwithstanding any other provision herein, the effect of this Article 9 shall not be affected by the suspension or termination of this Agreement.
Appears in 2 contracts
Samples: Shareholder Voting Right Proxy Agreement (E-House (China) Holdings LTD), Shareholder Voting Right Proxy Agreement (China Real Estate Information Corp)
Liabilities for Breach. 9.1 The Parties agree and confirm that, if any of the Parties (the “Breaching Party”) is materially in breach of any provision hereof, or materially fails or delays in performing any of the obligations hereunder, a breach hereof is constituted (a “Breach”), and any of the other Parties which does not commit any Breach (a “Non-breaching Party”) has the right to require that the Breaching Party rectify it or take a remedial action within a reasonable period. If the Breaching Party fails to rectify the Breach or take remedial actions within the reasonable period or within ten (10) days of the other Party’s written rectification notice, then:
9.1.1. if any Shareholder or the Company is the Breaching Party, the WFOE is entitled to terminate this Agreement and require the Breaching Party to indemnify it against its damage;
9.1.2. if the WFOE is the Breaching Party, each of the Non-defaulting Parties is entitled to require the Breaching Party to indemnify it against its damage; but unless otherwise provided for by law, in no case does it have the right to terminate or cancel rescind this Agreement.
9.2 Notwithstanding any other provision herein, the effect of this Article 9 shall not be affected by survive the suspension or termination of this Agreement.
Appears in 2 contracts
Samples: Voting Rights Proxy Agreement (ZTO Express (Cayman) Inc.), Voting Rights Proxy Agreement (ZTO Express (Cayman) Inc.)
Liabilities for Breach. 9.1 The Parties agree and confirm that, if any of the Parties (the “Breaching Party”) is materially in breach of any provision hereof, or materially fails or delays in performing any of the obligations hereunder, a breach hereof is constituted (a “Breach”), and any of the other Parties which does not commit any Breach (a “Non-breaching Party”) has the right to require that the Breaching Party rectify it or take a remedial action within a reasonable period. If the Breaching Party fails to rectify the Breach or take remedial actions within the reasonable period or within ten (10) days of the other Party’s written rectification notice, then:
9.1.1. if any Existing Shareholder or the Company is the Breaching Party, the WFOE is entitled to terminate this Agreement and require the Breaching Party to indemnify it against its damage;
9.1.2. if the WFOE is the Breaching Party, each of the Non-defaulting Parties is entitled to require the Breaching Party to indemnify it against its damage; but unless otherwise provided for by law, in no case does it have the right to terminate or cancel this Agreement.
9.2 Notwithstanding any other provision herein, the effect of this Article 9 shall not be affected by the suspension or termination of this Agreement.
Appears in 2 contracts
Samples: Shareholder Voting Right Proxy Agreement (Jupai Holdings LTD), Shareholder Voting Right Proxy Agreement (Jupai Holdings LTD)
Liabilities for Breach. 9.1 The Parties agree and confirm that, if any of the Parties (the “Breaching Party”) is materially in breach of any provision hereof, or materially fails or delays in performing any of the obligations hereunder, a breach hereof is constituted (a “Breach”), and any of the other Parties which does not commit any Breach (a “Non-breaching Party”) has the right to require that the Breaching Party rectify it or take a remedial action within a reasonable period. If the Breaching Party fails to rectify the Breach or take remedial actions within the reasonable period or within ten (10) days of the other Party’s written rectification notice, then:
9.1.1. 9.1.1 if any Shareholder or the Company is the Breaching Party, the WFOE [E-House Entity] is entitled to terminate this Agreement and require the Breaching Party to indemnify it against its damage;
9.1.2. 9.1.2 if the WFOE [E-House Entity] is the Breaching Party, each of the Non-defaulting Parties is entitled to require the Breaching Party to indemnify it against its damage; but unless otherwise provided for by law, in no case does it have the right to terminate or cancel this Agreement.
9.2 Notwithstanding any other provision herein, the effect of this Article 9 shall not be affected by the suspension or termination of this Agreement.
Appears in 1 contract
Samples: Shareholder Voting Right Proxy Agreement (E-House (China) Holdings LTD)
Liabilities for Breach. 9.1 11.1 The Parties agree and confirm that, if any of the Parties Party (the “Breaching Party”) is materially in breach of any provision hereof, or materially fails or delays in performing any of the obligations hereunder, a breach hereof is constituted (a “Breach”), and any of the other Parties Party which does not commit any Breach (a “Non-breaching Party”) has the right to require that the Breaching Party rectify it or take a remedial action within a reasonable period. If the Breaching Party fails to rectify the Breach or take remedial actions within the a reasonable period or within ten fifteen (1015) days of the other Party’s written rectification notice, then:
9.1.1. if any Shareholder or then the Company is the Breaching Party, the WFOE Non-breaching Party is entitled to choose at its discretion (i) to terminate this Agreement and require the Breaching Party to indemnify it against all its damage;
9.1.2. if the WFOE is the Breaching Party, each of the Non-defaulting Parties is entitled damage incurred therefrom; or (ii) to require that the Breaching Party to perform its obligations hereunder and to indemnify it the Non-breaching Party against all its damage; but damage incurred therefrom.
11.2 Notwithstanding the provision of Clause 1 of Article 11 above, both Parties agree and acknowledge that in no event shall Xxxx Xxxx Advertising request to terminate this Agreement for whatever reasons, unless otherwise provided for by law, the Laws or in no case does it have the right to terminate or cancel this Agreement.
9.2 11.3 Notwithstanding any other provision hereinprovisions hereof, the effect effectiveness of this Article 9 shall 11 will not be affected by the suspension or termination of this Agreement.
Appears in 1 contract
Samples: Consulting and Service Agreement (China Real Estate Information Corp)