Common use of Liabilities for Default Clause in Contracts

Liabilities for Default. 13.1 The Agreement is a clear expression of the true intents of the Parties. During the performance of the Agreement, if a Party fails to strictly follow the Agreement or perform its corresponding duties and obligations hereunder, it constitutes a default, and the Party shall assume the corresponding liability therefor. In addition to compensating the non-defaulting party for all its direct losses, the defaulting party must also bear all expenses paid by the non-defaulting party to obtain such compensation, including but not limited to legal fees, attorney fees, travel expenses, etc. 13.2 If a Party is in breach of the Agreement and causes any losses to any other third party and cause any dispute, and the settlement of such dispute eventually causes the non-defaulting party to assume any liabilities, the defaulting party shall fully compensate the non-defaulting party for the losses suffered thereby. 13.3 Unless the Agreement is terminated or rescinded in accordance with the provisions of Article 15, Lotus undertakes that it will commission Geely to produce the models under the Agreement until the fixed depreciation and amortization promised by Lotus is completed. 13.4 If Geely fails to deliver the vehicle products according to the quality standards agreed by the Parties (including but not limited to the Agreement, contract appendices, written notices from Lotus, product specifications, the same below), Geely shall take appropriate measures to make the products repaired up to conformity or replaced to returned, and bear any costs arising therefrom; meanwhile, Lotus shall have the right to demand Geely Party to assume joint and several liabilities and compensate Lotus Party for all direct losses suffered thereby. If Geely fails to deliver the vehicle products according to the quality standards agreed by the Parties due to Lotus’s reasons, Lotus shall bear any expenses incurred by Geely for making the products repaired up to conformity or replaced to returned; meanwhile, Geely shall have the right to demand Lotus Party to assume joint and several liabilities and compensates Geely Party for all direct losses suffered thereby. If Geely fails to deliver vehicle products according to the quality standards agreed by the Parties due to common reasons between Geely and Lotus, the Parties shall negotiate amicably and assume corresponding liabilities pro rata based on their respective liabilities. 13.5 If due to Geely’s reasons, the quality of the product is not up to standard, causing Lotus or consumers to suffer personal injury or property damage, or causing disputes or lawsuits for consumer claims, or causing Lotus to be subject to administrative punishment by the competent government authorities, Geely Party must be jointly and severally liable for all direct losses caused to Lotus. If due to Lotus’s reasons, the quality of the product is not up to standard, causing Geely or consumers to suffer personal injury or property damage, or causing disputes or lawsuits for consumer claims, or causing Geely to be subject to administrative punishment by the competent government authorities, Lotus Party must be jointly and severally liable for all direct losses caused to Geely. If due to common reasons between Geely and Lotus, the quality of the product is not up to standard, causing a Party or consumers to suffer personal injury or property damage, or causing disputes or lawsuits for consumer claims, or causing a Party to be subject to administrative punishment by the competent government authorities, the Parties shall negotiate amicably and assume corresponding liabilities pro rata based on their respective liabilities.

Liabilities for Default. 13.1 The Agreement is a clear expression of the true intents of the Parties. During the 8.1 Any non-performance of any obligations hereunder or any performance not up to the Agreementrequirements hereunder by any Party shall be deemed a default and such Party shall stop such breach, if a Party fails to strictly follow the Agreement or perform its corresponding duties and obligations hereunder, it constitutes a be liable for default, and continue to perform its obligations, take remedial measures, or indemnify losses. 8.2 If any Party, due to causes attributable to itself, causes any loss to the other Party and/or any third party during such Party’s performance of this Agreement, such Party shall be responsible for the remedying of such losses and assume the corresponding liability relevant responsibilities therefor. In addition to compensating the non-defaulting party for all its direct losses, the defaulting party must also bear all expenses paid by the non-defaulting party to obtain such compensation, including but not limited to legal fees, attorney fees, travel expenses, etc. 13.2 8.3 If Party A fails to make any payment as set forth herein without due cause, Party A shall pay to Party B a liquidated damage at 0.05% of the amount payable for each day of delay. 8.4 If Party B fails to provide the multimedia message products or services at such frequency, time and place as set forth herein without due cause, Party B shall pay to Party A a liquidated damage at 0.05% of the total contract price hereof for each day of delay. 8.5 If any Party is in breach of the Agreement and causes any losses intellectual property right provisions hereof, such Party shall pay to any other third party and cause any dispute, and the settlement of such dispute eventually causes the non-defaulting party breaching Party a liquidated damage at 1% of the total contract price hereof. 8.6 If any Party is in breach of the confidentiality provisions hereof, such Party shall pay to assume any liabilities, the defaulting party shall fully compensate the non-defaulting party breaching Party a liquidated damage at 1% of the total contract price hereof. 8.7 If the products, contents, and services provided by Party B cause any regulatory issue or legal dispute for violations of any law or regulatory policy requirements, Party B shall be responsible for the handling of such matters; and where losses suffered therebyis incurred by Party A, Party B shall also pay to Party A a liquidated damage at 1% of the total contract price hereof and indemnify Party A for its actual losses. 13.3 Unless 8.8 If the Agreement is terminated or rescinded foregoing liquidated damages are insufficient to cover the losses of the non-breaching Party, then the breaching Party shall also indemnify the non-breaching Party in accordance with light of the provisions of Article 15, Lotus undertakes that it will commission Geely to produce the models under the Agreement until the fixed depreciation and amortization promised by Lotus is completed. 13.4 If Geely fails to deliver the vehicle products according to the quality standards agreed actual losses sustained by the Parties (including but not limited to the Agreement, contract appendices, written notices from Lotus, product specifications, the same below), Geely shall take appropriate measures to make the products repaired up to conformity or replaced to returned, and bear any costs arising therefrom; meanwhile, Lotus shall have the right to demand Geely Party to assume joint and several liabilities and compensate Lotus Party for all direct losses suffered thereby. If Geely fails to deliver the vehicle products according to the quality standards agreed by the Parties due to Lotus’s reasons, Lotus shall bear any expenses incurred by Geely for making the products repaired up to conformity or replaced to returned; meanwhile, Geely shall have the right to demand Lotus Party to assume joint and several liabilities and compensates Geely Party for all direct losses suffered thereby. If Geely fails to deliver vehicle products according to the quality standards agreed by the Parties due to common reasons between Geely and Lotus, the Parties shall negotiate amicably and assume corresponding liabilities pro rata based on their respective liabilitiesnon-breaching Party. 13.5 If due to Geely’s reasons, the quality of the product is not up to standard, causing Lotus or consumers to suffer personal injury or property damage, or causing disputes or lawsuits for consumer claims, or causing Lotus to be subject to administrative punishment by the competent government authorities, Geely Party must be jointly and severally liable for all direct losses caused to Lotus. If due to Lotus’s reasons, the quality of the product is not up to standard, causing Geely or consumers to suffer personal injury or property damage, or causing disputes or lawsuits for consumer claims, or causing Geely to be subject to administrative punishment by the competent government authorities, Lotus Party must be jointly and severally liable for all direct losses caused to Geely. If due to common reasons between Geely and Lotus, the quality of the product is not up to standard, causing a Party or consumers to suffer personal injury or property damage, or causing disputes or lawsuits for consumer claims, or causing a Party to be subject to administrative punishment by the competent government authorities, the Parties shall negotiate amicably and assume corresponding liabilities pro rata based on their respective liabilities.