Common use of Liabilities for Breach Clause in Contracts

Liabilities for Breach. 8.1 In the process of project, either party breaching the Agreement or terminating the Agreement without good reasons shall assume the liability for breach. The breaching party shall indemnify the non-breaching party for direct economic losses, and the non-breaching party may also reserve the right to further claims regarding such breach. 8.2 Except for the breaches and liabilities for the breach otherwise agreed in other terms hereof, the party committing other breaches shall, upon receipt of written notice from the non-breaching party requiring the breaching party to rectify such breaches, immediately cease the breaches, and compensate the non-breaching party for all the losses incurred thereby (including direct losses, indirect losses and all the reasonable expenses arising from such indemnity) within three (3) days. 8.3 If the breaching party continues the breaches or fails to fulfill the foregoing obligations, the non-breaching party, besides obtaining the indemnity from the breaching party for all the relevant losses, also has the right to terminate this Agreement in advance after notifying the breaching party in writing. 8.4 In case Party B is in breach, the actions that Party A may take include but are not limited to: immediately terminating the contractual relationship, suspending the supply of goods to Party B, blocking the products sold to Party B, deducting all the sales rewards specified herein, directly supplying goods to the third-party distributors within the Authorized Territory, canceling the sales rewards for Party B, etc. Party B has no objection thereto, and Party A is also exempt from any responsibility. 8.5 The losses that the breaching party shall indemnify the non-breaching party due to its breach include the direct economic losses and any predictable indirect loss of the non-breaching party incurred by the breaches of breaching party as well as additional expenses, including but not limited to attorney fees, litigation and arbitration fees, investigation expenses, financial expenses and travel expenses, etc.

Liabilities for Breach. 8.1 In 1. Breaches (a) Breaches of Party A (i) It fails to submit true, integrated and effective information on finance, production and operation and other relevant information; (ii) It fails to use the process loan in the purpose as is agreed in this Contract; (iii) It fails to repay the principal and interest of projectthis loan on due day; (iv) It refuses or impedes Party B’s investigation and supervision on its use of loan; (v) It transfers its asset and takes out capital to avoid the obligation; (vi) The degradation of its business and finance makes it unable to render performance that is due or it is involved in major litigation or arbitration or other legal conflicts that Party B considers as may affect or impair or have affected or impaired its rights and interests under this Contract; (vii) Any other obligations that it has have affected or may affect its performance of obligation to Party B under this Contract; (viii) It fails to render other performance that is due to China Construction Bank; (ix) During the term of this Contract, either party there are business method changing or business mechanism changing conducts like contracting, lease, combination, annexation, joint venture, division, joint business, shareholding reform that Party B considers as may affect or impair or have affected or impaired its rights and interests under this Contract; (x) Other situations that Party B considers would affect the realization of it’s creditor’s right. (xi) It breaks other obligations as agreed in this Contract. (b) Party A shall be deemed breaching the Agreement contract where it fails to provide new assurances to Party B that meet its requirement when the following events happen to the guarantor: (i) Contracting, lease, combination, annexation, joint venture, division, joint business, shareholding reform, bankruptcy or terminating cancellation of the Agreement without good reasons guarantor that would affect its joint assuring liability. (ii) The guarantor provides to third party assurance that is beyond its affordability; (iii) The guarantor loses or may lose its capability of assurance; (iv) Other breaches of the guarantor as are agreed in the assurance contract. (c) Party A shall assume be deemed breaching the liability for breach. contract where it fails to provide new assurances to Party B that meet its requirement when the following events happen to the Mortgagee: (i) The breaching party shall indemnify Mortgagee fails to insure the non-breaching pawn as required by Party B or it fails to dispose the proceeds from insurance as agreed in the mortgage contract; (ii) The Mortgagee fails to dispose damages paid by a third party for direct economic lossesthe damage, and disappearance or value reduce it causes to the non-breaching party may also reserve Mortgage; (iii) The Mortgagee disposes the right Mortgage through donation, transference, lease, multiple mortgage or other methods without Party B’s written consent; (iv) The Mortgagee disposes the Mortgage with Party B’s consent while it fails to further claims regarding such breachdispose the money from Mortgage disposal in accordance with the mortgage contract. 8.2 Except (v) The Mortgagee fails to resume the value of the Mortgage or provide other assurance that is recognized by Party B when the damage, disappearance or value reduce of the Mortgage affects the performance of obligation under this Contract; (vi) Other breaches of the Mortgagee as are agreed in the mortgage contract. (d) Party A shall be deemed breaching the contract where it fails to provide new assurances to Party B that meet its requirement when the following events happen to the pledgor: (i) The pledgor fails to insure the pawn as required by Party B or it fails to dispose the proceeds from insurance as agreed in the pledge contract (ii) The pledgor fails to dispose damages paid by a third party for the damage, disappearance or value reduce it causes to the pledged property; (iii) The pledgor disposes the pledged property with Party B’s consent while it fails to dispose the money from pledged property disposal in accordance with the pledge contract. (iv) The pledgor fails to resume the value of the pledged property or provide other assurance that is recognized by Party B when the damage, disappearance or value reduce of the pledged property affects the performance of obligation under this Contract; (v) Other breaches and liabilities for of the breach otherwise pledgor as are agreed in other terms hereof, the party committing other breaches shall, upon receipt of written notice from the non-breaching party requiring the breaching party to rectify such breaches, immediately cease the breaches, and compensate the non-breaching party for all the losses incurred thereby (including direct losses, indirect losses and all the reasonable expenses arising from such indemnity) within three (3) dayspledge contract. 8.3 If (e) Party A shall be deemed breaching the breaching party continues the breaches or contract where Party A fails to fulfill the foregoing obligations, the non-breaching party, besides obtaining the indemnity from the breaching party for all the relevant losses, also has the right to terminate this Agreement in advance after notifying the breaching party in writing. 8.4 In case provide new assurances required by Party B is in breachwhen the assurance contract or other assurances hasn’t comes into effect or are revoked, the actions that Party A may take include but are not limited to: immediately terminating the contractual relationship, suspending the supply of goods to Party B, blocking the products sold to Party B, deducting all the sales rewards specified herein, directly supplying goods to the third-party distributors within the Authorized Territory, canceling the sales rewards for Party B, etc. Party B has no objection thereto, and Party A is also exempt from any responsibility. 8.5 The losses or that the breaching party shall indemnify assuror loses all or part of its assuring capability or rejects to perform the non-breaching party due to its breach include the direct economic losses and any predictable indirect loss of the non-breaching party incurred by the breaches of breaching party as well as additional expenses, including but not limited to attorney fees, litigation and arbitration fees, investigation expenses, financial expenses and travel expenses, etcassurance obligation.

Liabilities for Breach. 8.1 (A) If Party A fails to provide the land and ancillary facilities to Party B pursuant to this Contract, it shall indemnify Party B against all direct and indirect economic losses suffered by it arising therefrom. (B) If Party A recovers the leased land and ancillary facilities prior to the expiry of the lease that is in violation of this Contract, it shall indemnify Party B against all direct and indirect economic losses suffered by it arising therefrom. (C) Party B shall have the right of priority to use any land and ancillary facilities shared with others. If, however, the normal agricultural production of Party B is affected by such use and this Contract is terminated as a result, Party A shall indemnify Party B against all direct and indirect economic losses suffered by it arising therefrom. (D) If the operation right of the leased land enjoyed by Party B and any other rights derived therefrom cannot be exercised properly due to any breach of Party A, Party A shall be liable for making compensation for all direct and indirect economic losses suffered by Party B. (E) In the process event of projectthe termination of this Contract due to any breach of Party B, either all the facilities newly built or redeveloped by Party B on the leased land shall be vested in Party A and Party B shall not claim for the ownership in respect thereof. (F) If Party B is determined by any judicial authority to have violated any national laws and regulations in the exercise of its leasing right of the land, Party A shall have the right to recover the leased land, and all the facilities newly built or redeveloped by Party B on the leased land shall be vested in Party A. (G) Upon the occurrence of any force majeure, Party A and Party B shall be obliged to take active measures to minimize losses resulting therefrom. Should any loss increase due to the failure of a party breaching the Agreement or terminating the Agreement without good reasons shall assume the liability for breach. The breaching to take any effective measures that could have been taken, such party shall indemnify the non-breaching other party for direct against any economic losses, and the non-breaching party may also reserve the right to further claims regarding such breachlosses arising therefrom. 8.2 Except (H) Since such conditions as the soil of the land provided by Party A or climate is not suitable for the breaches and liabilities for the breach otherwise agreed in other terms hereof, the party committing other breaches shall, upon receipt of written notice from the non-breaching party requiring the breaching party to rectify such breaches, immediately cease the breaches, and compensate the non-breaching party for all the losses incurred thereby agricultural development (including direct losses, indirect losses and all the reasonable expenses arising from such indemnityJ) within three (3) days. 8.3 If the breaching party continues the breaches or Party B fails to fulfill the foregoing obligationspay rental charges in full as scheduled, the non-breaching party, besides obtaining the indemnity from the breaching party for all the relevant losses, also has the right Party A shall be entitled to terminate this Agreement in advance after notifying the breaching party in writingContract. 8.4 In case Party B is in breach, the actions that Party A may take include but are not limited to: immediately terminating the contractual relationship, suspending the supply of goods to Party B, blocking the products sold to Party B, deducting all the sales rewards specified herein, directly supplying goods to the third-party distributors within the Authorized Territory, canceling the sales rewards for Party B, etc. Party B has no objection thereto, and Party A is also exempt from any responsibility. 8.5 The losses that the breaching party shall indemnify the non-breaching party due to its breach include the direct economic losses and any predictable indirect loss of the non-breaching party incurred by the breaches of breaching party as well as additional expenses, including but not limited to attorney fees, litigation and arbitration fees, investigation expenses, financial expenses and travel expenses, etc.

Liabilities for Breach. 8.1 11.1 In the process event one party breaches any of project, either party breaching the Agreement contractual obligations hereunder or terminating the Agreement without good reasons shall assume the liability for breach. The breaching party shall indemnify the non-breaching party for any representation and warranty and causes any direct economic losses, and the non-breaching party may also reserve the right to further claims regarding such breach. 8.2 Except for the breaches and liabilities for the breach otherwise agreed in other terms hereof, the party committing other breaches shall, upon receipt of written notice from the non-breaching party requiring the breaching party to rectify such breaches, immediately cease the breaches, and compensate the non-breaching party for all the losses incurred thereby (including direct losses, or foreseeable indirect losses and all to the reasonable expenses arising from such indemnity) within three (3) days. 8.3 If the breaching party continues the breaches or fails to fulfill the foregoing obligations, the non-breaching other party, besides obtaining the indemnity from the breaching party for all the relevant losses, also has the right to terminate this Agreement in advance after notifying the breaching party in writing. 8.4 In case Party B is in breach, the actions that Party A may take include but are not limited to: immediately terminating the contractual relationship, suspending the supply of goods to Party B, blocking the products sold to Party B, deducting all the sales rewards specified herein, directly supplying goods to the third-party distributors within the Authorized Territory, canceling the sales rewards for Party B, etc. Party B has no objection thereto, and Party A is also exempt from any responsibility. 8.5 The losses that the breaching party shall indemnify make full compensation or indemnity for the non-losses sustained by the other party. The said other party shall have the right to make deductions or withholdings from any amount owing to the breaching party. 11.2 If one party breaches the agreement and causes losses to the other party, the said other party shall take appropriate measures to prevent the losses from increasing, otherwise, the said other party shall be held responsible for the increase of the loss; on the other hand, the breaching party due to its breach include shall be responsible for the direct economic losses and any predictable indirect loss of the non-breaching party reasonable expenses incurred by the breaches said other party for preventing the loss from increasing. 11.3 The parties fully understand and agree that the covenants hereunder constitute important components of breaching the cooperation agreements, violation of which may result in a fundamental breach of the cooperation agreements and the loss caused by one party's breach hereof to the other party as well as additional expensesmay exceed and substantially surpass the considerations covenanted herein. The parties acknowledge that all the provisions herein, including but not limited to attorney feesSection 11 hereof on breaching party's obligations, litigation result from fair and arbitration feessufficient consultation among the parties, investigation expenseswho irrevocably agree that the breaching party shall, financial expenses under no circumstances, present any claim or plea for reducing the obligation of the breaching party on the ground that it is grossly unconscionable or that the indemnity exceeds the consideration of the contract. 11.4 If EOPO wishes to terminate the agreement prior to the expiry date, EOPO shall compensate JGXC for all the resulting losses, including but not limited to any direct loss, indirect loss, loss of JGXC's anticipated profit during the term hereof assuming the agreement is not terminated (annual profit shall be based on JGXC's actual operating revenue and travel expensesreasonable projection of growth rate), etcas well as all direct or indirect losses resulting or potentially resulting from obligatory compensations to third parties. 11.5 With the approval of its board of directors, JGXC may give written notice to the other parties to terminate the agreement and hold EOPO liable for breaching of contract under Section 11.4 hereof if any of the following situations implicating EOPO occurs: 11.5.1 EOPO violates the provisions under Section 2 hereof, including but not limited to transferring to others or permitting others to operate all or part of the advertising agency of Economic Observer, or refusing to place advertisement without a valid reason, or committing material errors of omitting, misplacing advertisement, or causing, in any other manner, material adverse effect on the advertising business of Economic Observer, or causing the loss of all or part of the exclusive advertising agency of Economic Observer, and after receiving the written notice from JGXC demanding remedy, EOPO failing to remedy the situation within a reasonable time frame in compliance with JGXC's demand; 11.5.2 EOPO violates the provisions under Section 3 hereof, causing the transfer of intellectual property hereunder to completely or partially fall through, or preventing the transfer of any or all material intellectual property, or causing material impairment to JGXC's rights and benefits deriving from the said intellectual property, and after receiving the written notice from JGXC demanding remedy, EOPO failing to remedy the situation within a reasonable time frame in compliance with JGXC's demand; 11.5.3 EOPO violates the provisions under Section 4 or 5 hereof, causing complete or partial failure of service objectives for distribution consulting and printing management, and after receiving the written notice from JGXC demanding remedy, EOPO failing to remedy the situation within a reasonable time frame in compliance with JGXC's demand; or