Liability for Breach of Contract. 1. Party A and Party B shall strictly perform the terms stipulated in the agreement. If one party breaches the contract, the breaching party shall bear the liability for breach of contract according to the contract. 2. If the product is delivered by Party A to Party B and Party B fails to raise any objection to the product quality within the acceptance period, Party B shall not apply for return or replacement; If the product quality problems caused by Party B due to Party B's reasons or the intervention of a third party, which are not caused by the product itself, and caused by Party B's failure to raise any objection within the time limit since the date of acceptance, Party A can repair and rework the products, and Party B shall bear the rework service fee, material fee, processing fee, labor wages and other expenses incurred by Party A; 3. If the payment is not made in advance and then delivered, the ownership of the goods stipulated in this agreement still belongs to Party A before Party B pays off the payment, and Party A has the right to take back the goods at any time. Meanwhile, before this, Party B shall properly keep the goods and ensure that they are intact. If there is any damage, Party B shall compensate Party A according to the price of the goods agreed in the agreement. If the amount is not enough to make up for the losses, it shall also compensate Party A for all losses. 4. If Party B violates the agreement or refuses to perform the cooperation content during the cooperation period of this agreement, and refuses to perform or even withdraws from the cooperation after being urged by Party A, Party A has the right not to return the initial fee paid by Party B as a security deposit; At the same time, Party B shall cooperate with Party A to return all cooperation materials such as cooperation project materials and trademark product authorization documents, and compensate all economic losses suffered by Party A; 5. If Party B violates this agreement and causes losses to Party A, all expenses (including but not limited to attorney fees, legal fees, arbitration fees, announcement fees, preservation fees, guarantee fees, appraisal fees and auction evaluation fees) incurred by Party A for safeguarding its own legitimate rights and interests shall be borne by Party B; 6. If Party B cancels or changes the order without authorization, it shall pay 20% of the order price as liquidated damages and compensate Party A for all losses such as stocking, labor and profit.
Appears in 13 contracts
Samples: Authorized Product Sales Cooperation Agreement (MED EIBY Holding Co., LTD), Authorized Product Sales Cooperation Agreement (MED EIBY Holding Co., LTD), Authorized Product Sales Cooperation Agreement (MED EIBY Holding Co., LTD)
Liability for Breach of Contract. (1) If Party A breaches the contract and causes the contract to be unable to be fulfilled, Party A shall return the deposit to Party B twice the amount. If Party B breaches the contract and causes the contract to be unable to be fulfilled, the deposit paid shall not be refunded. Party who causes losses to the other party due to breach of contract shall also bear the liability for compensation.
(2) Party A and shall deliver the forest land to Party B shall strictly perform on time according to the terms stipulated in the agreementcontract. If Party A is overdue for one party breaches day, Party A shall pay a late fee of 0.05% of the payable transfer price to Party B. If Party A is overdue for 30 days, Party B has the right to terminate the contract, the breaching party and Party A shall bear the liability for breach of contract.
(3) If the procedures for the transferred forest land by Party A are illegal, or there is a dispute over the ownership of the forest land and trees, which causes the entire or part of the contract to be unable to be fulfilled, Party A shall bear the liability for breach of contract. If Party A violates the contract and interferes with or destroys the normal production and operation activities of Party B, Party B has the right to unilaterally terminate the contract, and Party A shall bear the liability for breach of contract.
(4) Party B shall pay the full transfer price of the forest land and trees to Party A on time according to the contract.
2. If the product is delivered by Party A to Party B and Party B fails to raise any objection to the product quality within the acceptance periodis overdue for one day, Party B shall not apply pay a late fee of 0.05‰ of the payable transfer price for return or replacement; this period (year) to Party A. If the product quality problems caused by Party B due to Party B's reasons or the intervention of a third party, which are not caused by the product itself, and caused by Party B's failure to raise any objection within the time limit since the date of acceptanceis overdue for 30 days, Party A can repair and rework has the productsright to unilaterally terminate the contract, and Party B shall bear the rework service feeliability for breach of contract.
(5) After the 90 days for forestation and afforestation by Xxxxx passes, material fee, processing fee, labor wages and other expenses incurred by Party A;
3. If the payment is not made in advance and then delivered, the ownership of the goods stipulated in this agreement still belongs to Party A before if Party B pays off fails to fulfill the paymentagreement, and Party A has the right to take back reclaim the goods at forest land that has not been afforested without any time. Meanwhile, before this, Party B shall properly keep the goods and ensure that they are intact. If there is any damage, Party B shall compensate Party A according to the price of the goods agreed in the agreement. If the amount is not enough to make up for the losses, it shall also compensate Party A for all lossescompensation.
4. (6) If Party B violates causes permanent damage to the agreement transferred forest land, or refuses changes the use of the forest land without permission, or causes serious damage to perform forest resources, which is confirmed by the cooperation content during forestry administrative department at or above the cooperation period of this agreement, and refuses to perform or even withdraws from the cooperation after being urged by Party Acounty level, Party A has the right not to return the initial fee paid by demand Party B as a security deposit; At to compensate for breach of contract and unilaterally terminate the same time, Party B shall cooperate with Party A to return all cooperation materials such as cooperation project materials and trademark product authorization documentscontract, and compensate all economic losses suffered by Party A;
5reclaim the right to operate and use the forest land. If Party B violates this agreement and causes losses to Party A, all expenses (including but The deposit collected shall not limited to attorney fees, legal fees, arbitration fees, announcement fees, preservation fees, guarantee fees, appraisal fees and auction evaluation fees) incurred by Party A for safeguarding its own legitimate rights and interests shall be borne by Party B;
6. If Party B cancels or changes the order without authorization, it shall pay 20% of the order price as liquidated damages and compensate Party A for all losses such as stocking, labor and profitrefunded.
Appears in 5 contracts
Samples: Collective Forest Right Transfer Agreement (ORIENTAL RISE HOLDINGS LTD), Collective Forest Right Transfer Agreement (ORIENTAL RISE HOLDINGS LTD), Collective Forest Right Transfer Agreement (ORIENTAL RISE HOLDINGS LTD)
Liability for Breach of Contract. 115.1 After this contract comes into effect, both parties shall perform their obligations under this contract. Any party's failure or incomplete performance of the obligations stipulated in this contract, or violation of its statements, guarantees and commitments under this contract, shall constitute a breach of this contract, and shall be liable for breach of contract.
15.2 Due to the reasons of Party A and or the guarantor under this contract, Party B has the right to terminate this contract and withdraw the loan in advance if Party A fails to complete the corresponding guarantee formalities in this contract, or Party A fails to go through the withdrawal formalities at Party B's place at the time agreed in this contract, which exceeds the loan granting time agreed in this contract for 30 days (including legal holidays and rest days).
15.3 If Party A fails to repay the loan principal due (including early maturity) according to the repayment period agreed in this contract, an additional 50% of the interest rate agreed in this contract will be charged as the default interest rate from the overdue date; If Party A fails to pay the interest on time within the loan term, compound interest shall strictly perform be calculated according to the terms stipulated loan interest rate agreed in this contract; The interest still unpaid after loans overdue shall be compounded according to the agreement. default interest rate agreed in this paragraph.
15.4 If one party breaches Party A does not use the loan according to the loan purpose agreed in this contract, an additional 100% of the interest rate agreed in this contract will be charged as the default interest rate from the date of default, and the default interest and compound interest will be collected.
15.5 If the loan under this contract is overdue or not used according to the purpose agreed in the contract, the breaching party overdue interest, default interest and compound interest will be collected monthly.
15.6 If Party B adopts litigation to realize creditor's rights due to Party A's breach of contract, Party A shall bear the liability for breach of contract according to the contract.
2. If the product is delivered by Party A to Party B and Party B fails to raise any objection to the product quality within the acceptance period, Party B shall not apply for return or replacement; If the product quality problems caused by Party B due to Party B's reasons or the intervention of a third party, which are not caused by the product itself, and caused by Party B's failure to raise any objection within the time limit since the date of acceptance, Party A can repair and rework the products, and Party B shall bear the rework service appraisal fee, material evaluation fee, processing auction fee, labor wages legal fee, arbitration fee, notary fee, attorney's fee and other reasonable expenses incurred by Party A;
3. If the payment is not made in advance and then delivered, the ownership of the goods stipulated in this agreement still belongs to Party A before Party B pays off the payment, and Party A has the right to take back the goods at any time. Meanwhile, before this, Party B shall properly keep the goods and ensure that they are intact. If there is any damage, Party B shall compensate Party A according to the price of the goods agreed in the agreement. If the amount is not enough to make up for the losses, it shall also compensate Party A for all losses.
4. If Party B violates the agreement or refuses to perform the cooperation content during the cooperation period of this agreement, and refuses to perform or even withdraws from the cooperation after being urged by Party A, Party A has the right not to return the initial fee realizing creditor's rights paid by Party B as a security deposit; At the same time, Party B shall cooperate with Party A to return all cooperation materials such as cooperation project materials and trademark product authorization documents, and compensate all economic losses suffered by Party A;
5. If Party B violates this agreement and causes losses to Party A, all expenses (including but not limited to attorney fees, legal fees, arbitration fees, announcement fees, preservation fees, guarantee fees, appraisal fees and auction evaluation fees) incurred by Party A for safeguarding its own legitimate rights and interests shall be borne by Party B;
6. If Party B cancels or changes the order without authorization, it shall pay 20% of the order price as liquidated damages and compensate Party A for all losses such as stocking, labor and profit.B.
Appears in 4 contracts
Samples: Working Capital Loan Contract (MED EIBY Holding Co., LTD), Working Capital Loan Contract (MED EIBY Holding Co., LTD), Working Capital Loan Contract (MED EIBY Holding Co., LTD)
Liability for Breach of Contract. 1. 10.1 In the event that Party A and violates any provision of this Contract or any statutory obligation, or states, expressly or by its activities, that it fails to perform any obligation hereunder, or any representation or warranty in Article 9 hereof is untrue, inaccurate, complete or misleading, Party B shall strictly perform the terms stipulated in the agreement. If one party breaches the contract, the breaching party shall bear the liability for breach of contract according to the contract.
2. If the product is delivered by may inform Party A to rectify its breach in writing. In the event that Party A fails to rectify such breaches within [5] working days as from the date that Party B and sends the above notice, Party A shall be entitled to exercise the following right, together or separately:
(1) to require Party A to rectify the breaches within the specified time limit;
(2) to require Party A to provide new guarantee;
(3) to require Party A to compensate the loss;
(4) to require Party A to pay the liquidated damages;
(5) other remedies allowable by the law. Because Party A’s breach of this Contract results in the economic losses exceeding the liquidated damages, Party A shall pay the damages to Party B fails to raise any objection with respect to the product quality exceeded part.
10.2 If this Contract is held invalid due to Party A’s fault, Party A shall compensate all the losses of Party B within the acceptance periodscope of guarantee.
10.3 Within the term of this Contract, in case of any of the following circumstances, Party B shall not apply for return be entitled to request Party A to undertake the guarantee liability or replacement; If take the product quality problems caused by corresponding legal measures against Party B due to A, Party B's reasons A’s property or the intervention property right of a third partyParty A:
(1) Where the term for fulfilling the debt under the Master Contract expires, which are not caused or the debt under the Master Contract matures in advance pursuant to the provisions of the law and regulation or the Master Contract or as agreed by the product itself, and caused by Party B's failure parties to raise any objection within the time limit since the date of acceptance, Party A can repair and rework the products, and Party B shall bear the rework service fee, material fee, processing fee, labor wages and other expenses incurred by Party A;
3. If the payment is not made in advance and then delivered, the ownership of the goods stipulated in this agreement still belongs to Party A before Party B pays off the payment, and Party A has the right to take back the goods at any time. Meanwhile, before thisMaster Contract, Party B shall properly keep has not obtained the goods and ensure settlement;
(2) In the event that they are intact. If there is any damage, Party B shall compensate Party A according a situation as specified in Article 8.2 occurs to the price of the goods agreed in the agreement. If the amount is not enough to make up for the losses, it shall also compensate Party A for all losses.
4. If Party B violates the agreement or refuses to perform the cooperation content during the cooperation period of this agreement, and refuses to perform or even withdraws from the cooperation after being urged by Party A, Party A has fails to fulfill the right not assumption, transfer or success of the guarantee liability under this Contract pursuant to return the initial fee paid request of Party B or fails to provide a new guarantee for the performance of the Master Contract that is approved by Party B as a security deposit; At the same time, Party B shall cooperate with Party A to return all cooperation materials such as cooperation project materials and trademark product authorization documents, and compensate all economic losses suffered by Party A;
5. If Party B violates this agreement and causes losses to Party A, all expenses (including but not limited to attorney fees, legal fees, arbitration fees, announcement fees, preservation fees, guarantee fees, appraisal fees and auction evaluation fees) incurred by Party A for safeguarding its own legitimate rights and interests shall be borne by Party B;
6. If Party B cancels or changes the order without authorization, it shall pay 20% of the order price as liquidated damages and compensate Party A for all losses such as stocking, labor and profit.B.
Appears in 4 contracts
Samples: Contract of Guarantee (Chisen Electric Corp), Contract of Guarantee (Chisen Electric Corp), Contract of Guarantee (Chisen Electric Corp)
Liability for Breach of Contract. 1. If Party A violates the provisions of this agreement and pays the service fee to Party B shall strictly perform overdue, Party B has the terms right to send a reminder to Party A. If Party A has not paid within 10 working days after receiving the reminder notice , Party B has the right to suspend the provision of services; if Party A has not paid within 30 days, Party B has the right to terminate this agreement and require Party A to continue to pay the service fee.
2. If it is not due to Party A’s factors, if Party B cannot carry out product promotion according to the agreement in this contract, it must make improvements within 3 working days after receiving the notice from Party A. If it still fails to meet the requirements of this contract, Party A has the right to unilaterally Terminate the contract, and require Party B to return the promotional expenses that have not occurred; Party A still needs to pay the promotional expenses that have occurred before the notice is delivered to Party B.
3. If Party B uses technical means or other cheating means to defraud the service fee, Party A has the right to unilaterally terminate this agreement and not settle the current fee.
4. Unless otherwise stipulated in this contract, if any party violates its representations, commitments, guarantees or obligations under this contract, causing the agreementother party to suffer any lawsuits, disputes, claims, penalties, etc., the breaching party shall be responsible for the settlement. If any expenses, additional responsibilities or economic losses are caused to other parties, they shall be responsible for compensation. If one party breaches the contract, the non-defaulting party may request the breaching party shall bear to stop the liability for breach within a specified time limit by means of contract according written notice and require it to eliminate the contract.
2impact. If the product is delivered by Party A to Party B and Party B breaching party fails to raise any objection to stop the product quality within the acceptance period, Party B shall not apply for return or replacement; If the product quality problems caused by Party B due to Party B's reasons or the intervention of a third party, which are not caused by the product itself, and caused by Party B's failure to raise any objection within the time limit since the date of acceptance, Party A can repair and rework the products, and Party B shall bear the rework service fee, material fee, processing fee, labor wages and other expenses incurred by Party A;
3. If the payment is not made in advance and then deliveredbreach on time, the ownership of the goods stipulated in this agreement still belongs to Party A before Party B pays off the payment, and Party A non-breaching party has the right to take back the goods at any time. Meanwhile, before this, Party B shall properly keep the goods and ensure that they are intact. If there is any damage, Party B shall compensate Party A according to the price of the goods agreed in the agreement. If the amount is not enough to make up for the losses, it shall also compensate Party A for all lossesimmediately terminate this contract.
4. If Party B violates the agreement or refuses to perform the cooperation content during the cooperation period of this agreement, and refuses to perform or even withdraws from the cooperation after being urged by Party A, Party A has the right not to return the initial fee paid by Party B as a security deposit; At the same time, Party B shall cooperate with Party A to return all cooperation materials such as cooperation project materials and trademark product authorization documents, and compensate all economic losses suffered by Party A;
5. If Party B violates this agreement and causes losses to Party A, all expenses (including but not limited to attorney fees, legal fees, arbitration fees, announcement fees, preservation fees, guarantee fees, appraisal fees and auction evaluation fees) incurred by Party A for safeguarding its own legitimate rights and interests shall be borne by Party B;
6. If Party B cancels or changes the order without authorization, it shall pay 20% of the order price as liquidated damages and compensate Party A for all losses such as stocking, labor and profit.
Appears in 3 contracts
Samples: Marketing Promotion Service Contract (Haoxi Health Technology LTD), Marketing Promotion Service Contract (Haoxi Health Technology LTD), Marketing Promotion Service Contract (Haoxi Health Technology LTD)
Liability for Breach of Contract. 1. Party A Unless otherwise provided in this Agreement, either Party’s failure in full performance or suspension of performance of its obligations hereunder, and Party B its failure in remedying the above actions within thirty (30) days as of the date of receipt of the notice from the other Party, or its representations and warranties being untrue, inaccurate or incomplete, shall strictly perform the terms stipulated in the agreement. If one party breaches the contract, the breaching party shall bear the liability for constitute a breach of contract according to the contract.
2. If either Party hereto violates this Agreement or any representation and warranty made by it herein, the product is delivered non-breaching Party may, by Party A to Party B and Party B fails to raise any objection written notice to the product quality breaching Party requesting it to remedy the breach within the acceptance period, Party B shall not apply for return or replacement; If the product quality problems caused by Party B due to Party B's reasons or the intervention ten (10) days as of a third party, which are not caused by the product itself, and caused by Party B's failure to raise any objection within the time limit since the date of acceptancereceipt of the notice, Party A can repair take appropriate measures to avoid the damage in an effective and rework the productstimely manner, and Party B shall bear the rework service fee, material fee, processing fee, labor wages and other expenses incurred by Party A;perform this Agreement specifically.
3. If In the payment is not made in advance and then deliveredcase of any costs, liabilities or losses incurred by the ownership of the goods stipulated in this agreement still belongs to other Party A before Party B pays off the payment, and Party A has the right to take back the goods at any time. Meanwhile, before this, Party B shall properly keep the goods and ensure that they are intact. If there is any damage, Party B shall compensate Party A according to the price of the goods agreed in the agreement. If the amount is not enough to make up for the losses, it shall also compensate Party A for all losses.
4. If Party B violates the agreement or refuses to perform the cooperation content during the cooperation period of this agreement, and refuses to perform or even withdraws from the cooperation after being urged by Party A, Party A has the right not to return the initial fee paid by Party B as a security deposit; At the same time, Party B shall cooperate with Party A to return all cooperation materials such as cooperation project materials and trademark product authorization documents, and compensate all economic losses suffered by Party A;
5. If Party B violates this agreement and causes losses to Party A, all expenses (including but not limited to attorney feesany loss of profit of the company) due to either Party’s breach of this Agreement, legal feesthe breaching Party shall compensate the non-breaching Party for any of the above costs, arbitration fees, announcement fees, preservation fees, guarantee fees, appraisal liabilities or losses (including but not limited to attorney’s fees and auction evaluation fees) interest paid or incurred due to the breach). The total amount of compensation paid by the breaching Party A for safeguarding its own legitimate rights and interests to the non-breaching Party shall be borne equivalent to the losses caused by the breach, and the above compensation shall include the interest to be obtained by the non-breaching Party due to its performance, provided that the compensation shall not exceed the reasonable expectation of the Parties hereto.
4. In the case of any claim made by any person due to Party B;
6’s non-compliance with Party A’s instructions, its improper use of Party A’s intellectual property or its improper technical operation, Party B shall be solely liable. If Party B cancels or changes the order discovers that any person uses Party A’s intellectual property without lawful authorization, it Party B shall pay 20% of the order price as liquidated damages and compensate promptly notify Party A for all losses such as stockingand cooperate with Party A in any action taken by Party A.
5. If both Parties violate this Agreement, labor and profiteither Party shall determine the amount of compensation to be paid by it to the extent of its breach.
Appears in 3 contracts
Samples: Exclusive Technology Consulting and Service Agreement (Ucommune International LTD), Exclusive Technology Consulting and Service Agreement (Ucommune Group Holdings LTD), Exclusive Technology Consulting and Service Agreement (Ucommune Group Holdings LTD)
Liability for Breach of Contract. 1. 11.1 Party A and shall pay the fee according to the agreed time limit. If the payment is delayed, Party B shall strictly perform pay Party B three thousandths (0.3%) of the terms delayed amount as liquidated damages for each one (1) day of delay.
11.2 If Party B delays, interrupts or terminates the data promotion service without justified reasons, it shall explain the reasons to Party A. If Party B fails to release the advertisement on time due to Party B’s unilateral fault, Party B shall provide compensation for Party A’s reissued advertisement in accordance with the principle of “make up for one mistake” and “make up for one omission”.
11.3 After the signing of this contract, if Party A cancels the advertisements stipulated in this contract without authorization, it will be deemed that Party A has breached the agreementcontract. If one party Party A breaches the contract, the breaching party it shall bear the liability for breach of contract pay Party B liquidated damages according to the greater amount of 20% of the total advertising fee stipulated in this contract or RMB 30,000. Party B has the right to deduct the above-mentioned liquidated damages from any payment made by Party A; if Party A has no advance payment, Party A shall pay Party B the above-mentioned liquidated damages to Party B within 10 working days after Party B knows that Party A has canceled the advertisement, pay late fees in accordance with the provisions of Article 11.1 of this contract.
211.4 For any civil, administrative or criminal disputes arising from advertising pictures, audio, video, symbols, materials, copywriting, etc. If the product is delivered by under this contract, or any claims, negotiations, investigations, penalties, or claims against Party A to Party B and Party B fails to raise any objection to the product quality within the acceptance period, Party B shall not apply for return or replacement; If the product quality problems caused by Party B due to Party B's reasons or the intervention of a third party, which are not caused by Party A shall take full responsibility for prohibition or litigation. If Party B is forced to assume the product itself, above-mentioned responsibilities and caused by has the right to recover from Party B's failure to raise any objection within the time limit since the date of acceptanceA, Party A can repair shall compensate Party B for all losses suffered thereby. Including but not limited to defending Party A, or cooperating in defense at the request of Party A, to ensure that the interests of Party A, Party A’s affiliates and rework the productsParty A’s employees are not damaged, and Party B shall bear the rework service feeall compensation, material feefines, processing feeAttorney’s Fees, labor wages and other expenses incurred by Party A;Damages.
3. 11.5 If the payment is not made in advance and then delivered, the ownership of the goods stipulated in this agreement still belongs to Party A before Party B pays off the payment, and Party A has the right to take back the goods at any time. Meanwhile, before this, Party B shall properly keep the goods and ensure that they liquidated damages are intact. If there is any damage, Party B shall compensate Party A according to the price of the goods agreed in the agreement. If the amount is not enough to make up for the losseslosses caused to the non-defaulting party, it shall also compensate Party A for all losses.
4. If Party B violates the agreement or refuses defaulting party must make compensation according to perform the cooperation content during the cooperation period of this agreement, and refuses to perform or even withdraws from the cooperation after being urged by Party A, Party A has the right not to return the initial fee paid by Party B as a security deposit; At the same time, Party B shall cooperate with Party A to return all cooperation materials such as cooperation project materials and trademark product authorization documents, and compensate all economic actual losses suffered by Party A;
5the non-defaulting party. If Party B violates this agreement and causes The above-mentioned actual losses to Party A, all expenses (including but not limited to attorney fees, shall include relevant legal fees, arbitration reasonable investigation fees, announcement fees, preservation fees, guarantee fees, appraisal attorney fees and auction evaluation fees) incurred by Party A for safeguarding its own legitimate rights and interests shall be borne by Party B;
6. If Party B cancels other resulting expenses, loss or changes the order without authorizationdamage, it shall pay 20% of the order price as liquidated damages and compensate Party A for all losses such as stocking, labor and profitetc.
Appears in 3 contracts
Samples: Advertising Contract (Haoxi Health Technology LTD), Advertising Contract (Haoxi Health Technology LTD), Advertising Contract (Haoxi Health Technology LTD)
Liability for Breach of Contract. 1. 1 Party A a May exercise the following rights and Party interests to party B shall strictly perform the terms stipulated in the agreement. If one party breaches the contract, the breaching party shall bear the liability for breach of contract according to the contract.
2. If the product is delivered by Party A to Party B and if Party B fails to raise any objection pay the relevant fees during the contract period: If Party B fails to pay the product quality within rent, party a shall have the acceptance period, right to immediately issue a written notice to Party B requesting party B to pay the rent immediately; Party B shall not apply pay party a the penalty of 5‰ of the total amount of the rent overdue for return or replacementeach day overdue; If the product quality problems caused by if Party B due fails to pay the Rent Seven Days Overdue, party a shall have the right to request the property company to stop providing all services including air conditioning, power supply and water supply to the property. If Party B overpays the management fee, water and Electricity Fee, party A has the right to send a written notice to Party B's reasons or the intervention of a third party, which are not caused by the product itself, and caused by Party B's failure B to raise any objection within the time limit since the date of acceptance, Party A can repair and rework the products, and Demand Party B shall bear to pay the rework service fee, material fee, processing fee, labor wages arrears and other expenses incurred by Party A;
3penalty immediately. If Party B fails to pay the payment is not made in advance and then deliveredarrears more than seven days after the due date, the ownership of property management company shall have the goods stipulated right to stop supplying water, electricity, air-conditioning or other facilities in this agreement still belongs the property and to stop providing property management services to Party A before Party B pays off the payment, and B.
2. Party A has the right to take back ask Party B to move out if the goods two parties fail to renew the contract or terminate the contract in advance and party B fails to hand over the leased property within the time limit, and in accordance with this contract at any timethe time of rescission of the daily rental and the current property management fee to Party A to pay the house use fee. MeanwhileParty a shall have the right to terminate the contract (effective as soon as the notice of termination is sent) and party B shall keep the property, before thisincluding all fixed decoration, free of charge to Party A, party a shall not refund to party B all the expenses paid by party B such as the lease deposit, property deposit and the rent already paid. Party B shall properly keep pay the goods outstanding expenses (including rent and ensure that they are intactother expenses) as stipulated in this contract, in addition, the rent for the current month of the current year will be paid separately as compensation for breach of contract. If there is any damage, Party B shall compensate Party A according to the price of the goods agreed in the agreement. If the amount it is not enough to make up for party A’s economic loss, party B shall compensate party A’s loss and return the losses, it shall also compensate Party A for all lossesproperty to party a immediately.
4. (1 If the rent is overdue for more than 7 days or the amount of the rent is half a month due to the overdue payment of various fees;
(2 Using the premises to engage in the business within the business scope as agreed upon in this contract;
(3 Making use of the house to carry out illegal activities to the detriment of public interests or the interests of others;
(4 Altering the structure or use of the House without authorization;
(5 Improper use of the house, resulting in the destruction of the house;
(6 Without the written consent of party A or the property management company and the approval of the relevant departments, the house will be rebuilt, expanded or renovated;
(7 Those who violate the regulations on the management of office buildings and fail to properly and reasonably fulfill their obligations, thus negatively affecting the goodwill of the office buildings, if the circumstances are serious;
(8 Having been ordered by the relevant government departments to suspend business operations for rectification or to have its business license revoked due to any serious violation of laws and regulations;
(9 Party B violates B’s early withdrawal from the agreement lease or refuses the early termination of the contract due to perform Party B’s reasons;
(10 After the cooperation content during expiration or early termination of the cooperation period contract, the property shall be returned to party a after the expiration or termination of the contract, or the property shall not be returned to party a in its original condition;
(11 Other serious violations of this agreement, contract and refuses the Annex to perform or even withdraws from the cooperation after being urged by Party A, Party A has the right not to return the initial fee paid by Party B as a security deposit; At the same time, Party B shall cooperate with Party A to return all cooperation materials such as cooperation project materials and trademark product authorization documents, and compensate all economic losses suffered by Party A;
5. If Party B violates this agreement and causes losses to Party A, all expenses (including but not limited to attorney fees, legal fees, arbitration fees, announcement fees, preservation fees, guarantee fees, appraisal fees and auction evaluation fees) incurred by Party A for safeguarding its own legitimate rights and interests shall be borne by Party B;
6. If Party B cancels or changes the order without authorization, it shall pay 20% of the order price as liquidated damages and compensate Party A for all losses such as stocking, labor and profitcontract.
Appears in 2 contracts
Samples: Lease Agreement (Building DreamStar Technology Inc.), Lease Agreement (Building DreamStar Technology Inc.)
Liability for Breach of Contract. (1. ) If any of the following events occurs, such an event shall be deemed to be a breach of this Agreement:
a. Beijing Acorn fails to pay in full the fee for the technology services under the exclusive Services Agreement within a reasonable time limit as specified therein;
b. Party B fails fully to perform its obligations under the Loan Agreement;
c. Any of the representations or warranties Party B makes in Article 3 hereof proves to be inconsistent with any of the major facts or false and/or Party B is out of compliance with any of the warranties it makes in Article 3 hereof;
d. Party B is out of compliance with any of the undertakings it makes in Article 4 hereof;
e. Party B is in violation of any of the provisions hereof;
f. Without Party A’s previous written consent, Party B has relinquished or transferred the equity interest that has been pledged hereunder;
g. In the case that Party B has got any loan from a third party or provided any guaranty for a third party, is required to pay any compensation to a third party, has made an undertaking to a third party, or is under any other liability to a third party,
(i) Party B is required to repay such loan, perform such guaranty or undertaking, pay such compensation, or discharge such liability ahead of time; or
(ii) Party B is unable to discharge any of the aforesaid liabilities when it becomes due so that Party A and believes that Party B’s capacity to perform this Agreement is adversely affected as a result;
h. Party B shall strictly is unable to repay its general debts or any other debts;
i. Any new laws or regulations have been promulgated that have rendered this Agreement illegal or Party B unable to continue to perform its obligations hereunder;
j. All the terms stipulated approvals, licenses, consents or authorizations of the government authorities that have made this Agreement performable and effective are revoked, terminated, have become invalid, or have been substantially modified;
k. Any adverse change has occurred to the assets under Party B’s ownership so that Party A believes that Party B’s capacity to perform this Agreement is adversely affected as a result;
l. The successor to, or manager of, Beijing Acorn can only perform part of the obligation to pay the fee under the Services Agreement or refuses to perform such obligation; or
m. There occurs any other event in which Party A cannot exercise the pledge right hereunder.
(2) As soon as Party B is informed, or has become aware, that any of the events as described in the agreementpreceding paragraph is likely to occur, it shall notify Party A in writing of such likelihood. Except as any of the breaches of contract as described in the preceding paragraph has been successfully remedied to Party A’s satisfaction, at the time of such occurrence or any time thereafter, Party A may serve a notice of such breach on Party B and dispose of the equity interest to be pledged hereunder in accordance with the provisions of Article 5 hereof.
(3) If one party breaches either Party is in breach of any of the contractprovisions hereof, the breaching party shall bear be liable to the liability non-breaching party for breach of contract according and compensate the non-breaching party for any losses it may suffer as a result of such breach. The non-breaching party may grant the breaching party a certain period of grace, in which the breaching party shall be required to the contractremedy such breach.
2. (4) If the product is delivered by Party A to Party B and Party B breaching party fails to raise take any objection to the product quality remedial measures within the acceptance period, Party B shall not apply for return or replacement; If the product quality problems caused by Party B due to Party B's reasons or the intervention a reasonable period of a third party, which are not caused by the product itself, and caused by Party B's failure to raise any objection within the time limit since the date of acceptance, Party A can repair and rework the products, and Party B shall bear the rework service fee, material fee, processing fee, labor wages and other expenses incurred by Party A;
3. If the payment is not made in advance and then deliveredgrace, the ownership of the goods stipulated in this agreement still belongs to Party A before Party B pays off the payment, and Party A has non-breaching party shall have the right to take back terminate this Agreement and require that the goods at breaching party compensate it for any time. Meanwhile, before this, Party B shall properly keep the goods and ensure that they are intact. If there is any damage, Party B shall compensate Party A according to the price of the goods agreed in the agreement. If the amount is not enough to make up for the losses, actual losses it shall also compensate Party A for all losses.
4. If Party B violates the agreement or refuses to perform the cooperation content during the cooperation period of this agreement, and refuses to perform or even withdraws from the cooperation after being urged by Party A, Party A has the right not to return the initial fee paid by Party B may suffer as a security deposit; At the same timeresult, Party B shall cooperate with Party A to return all cooperation materials such as cooperation project materials and trademark product authorization documents, and compensate all economic losses suffered by Party A;
5. If Party B violates this agreement and causes losses to Party A, all expenses (including but not limited to attorney fees, legal fees, arbitration fees, announcement fees, preservation fees, guarantee fees, appraisal fees all the reasonable expenses the non-breaching party may incur in connection with the execution and auction evaluation fees) performance hereof (including expenses and costs incurred by Party A for safeguarding its own legitimate rights and interests shall be borne by Party B;
6. If Party B cancels or changes in connection with the order without authorization, it shall pay 20% engagement of the order price as liquidated damages and compensate Party A for all various intermediary agencies), provided, however, that such compensation shall not exceed losses such as stockingthat, labor and profitat the time of execution hereof, the breaching party foresaw or should have reasonably foreseen its breach hereof might cause to the other Party.
Appears in 2 contracts
Samples: Equity Pledge Agreement (Acorn International, Inc.), Equity Pledge Agreement (Acorn International, Inc.)
Liability for Breach of Contract. 1. 14.1 Breach clause: Both Party A and Party B shall strictly perform the terms stipulated their respective responsibilities in the agreement. If one party breaches accordance with the contract, in case of breach of contract by either party, unless otherwise agreed herein, the breaching party shall pay liquidated damages to the non-breaching party according to the standards of [20% of the total charge of the Shop in the same year]; meanwhile, the breaching party is entitled to rescind this Contract and issue the notice of contract rescission to the other party, if causing loss to the other party, it shall also bear the compensation responsibility.
14.2 Where Party B fails to pay any amount (including but not limited to the user fee for commercial space, service charge, penalty imposed due to Party B’s breach of contract) in due time, for every overdue day, 5% of the payments in arrears shall be paid to Party A as overdue fine; if overdue for three days, Party A is entitled to stop power supply for suspension of business for rectification; if overdue for seven days, it will be deemed as breach of contract by Party B, starting from the eighth day, Party A is entitled to rescind this Contract unilaterally, and Party B shall bear all consequences caused thereby, and it shall be executed according to the breach clause at the same time.
14.3 Where Party B rescinds the contract prior to its expiration due to its own reason with the consent of Party A, or Party A rescinds the contract prior to its expiration due to breach of contract by Party B, Party B will forego any rent abatement (any rent abatement already received by Party B shall be repaid within 3 days after the rescission or termination of this Contract), Party A is entitled to take back the Shop, not to refund the residual charges and security deposit, and claim for all losses suffered therefrom due to such action of Party B, and it shall be executed according to the breach clause at the same time.
14.4 After the noncompliance of Party B as mentioned above, apart from bearing the liability for breach of contract according to the contract.
2. If the product is delivered by Party A to Party B and Party B fails to raise any objection to the product quality within the acceptance periodas agreed, Party B shall not apply for return or replacement; If the product quality problems caused by Party B due to Party B's reasons or the intervention of a third party, which are not caused by the product itself, and caused by Party B's failure to raise any objection within the time limit since the date of acceptance, Party A can repair and rework the products, and Party B shall also bear the rework service fee, material fee, processing fee, labor wages and other expenses incurred by Party A;
3. If the payment is not made in advance and then delivered, the ownership of the goods stipulated in this agreement still belongs to Party A before Party B pays off the payment, and Party A has the right to take back the goods at any time. Meanwhile, before this, Party B shall properly keep the goods and ensure that they are intact. If there is any damage, Party B shall compensate Party A according to the price of the goods agreed in the agreement. If the amount is not enough to make up for the losses, it shall also compensate Party A for all losses.
4. If Party B violates the agreement or refuses to perform the cooperation content during the cooperation period of this agreement, and refuses to perform or even withdraws from the cooperation after being urged by Party A, Party A has the right not to return the initial fee paid by Party B as a security deposit; At the same time, Party B shall cooperate with Party A to return all cooperation materials such as cooperation project materials and trademark product authorization documents, and compensate all economic losses suffered by Party A;
5. If Party B violates this agreement and causes losses to Party A, all expenses (including but not limited to attorney feesthe legal cost, legal feescredit guarantee fee, arbitration fees, announcement fees, preservation fees, guarantee fees, appraisal fees counsel fee and auction evaluation fees) incurred by Party A for safeguarding its own legitimate rights and interests shall be borne by Party B;
6. If Party B cancels or changes all expenses arising from the order without authorization, it shall pay 20% of the order price as liquidated damages and compensate Party A for all losses such as stocking, labor and profitcontractual rights.
Appears in 2 contracts
Samples: Commercial Space Use Contract (Tony Fun, Inc.), Commercial Space Use Contract (Tony Fun, Inc.)
Liability for Breach of Contract. (1. ) If any of the following events occurs, such an event shall be deemed to be a breach of this Agreement:
a. Acorn Network Technology fails to pay in full the fee for the technology services under the exclusive Services Agreement within a reasonable time limit as specified therein;
b. Party B fails fully to perform its obligations under the Loan Agreement;
c. Any of the representations or warranties Party B makes in Article 3 hereof proves to be inconsistent with any of the major facts or false and/or Party B is out of compliance with any of the warranties it makes in Article 3 hereof;
d. Party B is out of compliance with any of the undertakings it makes in Article 4 hereof;
e. Party B is in violation of any of the provisions hereof;
f. Without Party A’s previous written consent, Party B has relinquished or transferred the equity interest that has been pledged hereunder;
g. In the case that Party B has got any loan from a third party or provided any guaranty for a third party, is required to pay any compensation to a third party, has made an undertaking to a third party, or is under any other liability to a third party,
(i) Party B is required to repay such loan, perform such guaranty or undertaking, pay such compensation, or discharge such liability ahead of time; or
(ii) Party B is unable to discharge any of the aforesaid liabilities when it becomes due so that Party A and believes that Party B’s capacity to perform this Agreement is adversely affected as a result;
h. Party B shall strictly is unable to repay its general debts or any other debts;
i. Any new laws or regulations have been promulgated that have rendered this Agreement illegal or Party B unable to continue to perform its obligations hereunder;
j. All the terms stipulated approvals, licenses, consents or authorizations of the government authorities that have made this Agreement performable and effective are revoked, terminated, have become invalid, or have been substantially modified;
k. Any adverse change has occurred to the assets under Party B’s ownership so that Party A believes that Party B’s capacity to perform this Agreement is adversely affected as a result;
l. The successor to, or manager of, Acorn Network Technology can only perform part of the obligation to pay the fee under the Services Agreement or refuses to perform such obligation; or
m. There occurs any other event in which Party A cannot exercise the pledge right hereunder.
(2) As soon as Party B is informed, or has become aware, that any of the events as described in the agreementpreceding paragraph is likely to occur, it shall notify Party A in writing of such likelihood. Except as any of the breaches of contract as described in the preceding paragraph has been successfully remedied to Party A’s satisfaction, at the time of such occurrence or any time thereafter, Party A may serve a notice of such breach on Party B and dispose of the equity interest to be pledged hereunder in accordance with the provisions of Article 5 hereof.
(3) If one party breaches either Party is in breach of any of the contractprovisions hereof, the breaching party shall bear be liable to the liability non-breaching party for breach of contract according and compensate the non-breaching party for any losses it may suffer as a result of such breach. The non-breaching party may grant the breaching party a certain period of grace, in which the breaching party shall be required to the contractremedy such breach.
2. (4) If the product is delivered by Party A to Party B and Party B breaching party fails to raise take any objection to the product quality remedial measures within the acceptance period, Party B shall not apply for return or replacement; If the product quality problems caused by Party B due to Party B's reasons or the intervention a reasonable period of a third party, which are not caused by the product itself, and caused by Party B's failure to raise any objection within the time limit since the date of acceptance, Party A can repair and rework the products, and Party B shall bear the rework service fee, material fee, processing fee, labor wages and other expenses incurred by Party A;
3. If the payment is not made in advance and then deliveredgrace, the ownership of the goods stipulated in this agreement still belongs to Party A before Party B pays off the payment, and Party A has non-breaching party shall have the right to take back terminate this Agreement and require that the goods at breaching party compensate it for any time. Meanwhile, before this, Party B shall properly keep the goods and ensure that they are intact. If there is any damage, Party B shall compensate Party A according to the price of the goods agreed in the agreement. If the amount is not enough to make up for the losses, actual losses it shall also compensate Party A for all losses.
4. If Party B violates the agreement or refuses to perform the cooperation content during the cooperation period of this agreement, and refuses to perform or even withdraws from the cooperation after being urged by Party A, Party A has the right not to return the initial fee paid by Party B may suffer as a security deposit; At the same timeresult, Party B shall cooperate with Party A to return all cooperation materials such as cooperation project materials and trademark product authorization documents, and compensate all economic losses suffered by Party A;
5. If Party B violates this agreement and causes losses to Party A, all expenses (including but not limited to attorney fees, legal fees, arbitration fees, announcement fees, preservation fees, guarantee fees, appraisal fees all the reasonable expenses the non-breaching party may incur in connection with the execution and auction evaluation fees) performance hereof (including expenses and costs incurred by Party A for safeguarding its own legitimate rights and interests shall be borne by Party B;
6. If Party B cancels or changes in connection with the order without authorization, it shall pay 20% engagement of the order price as liquidated damages and compensate Party A for all various intermediary agencies), provided, however, that such compensation shall not exceed losses such as stockingthat, labor and profitat the time of execution hereof, the breaching party foresaw or should have reasonably foreseen its breach hereof might cause to the other Party.
Appears in 2 contracts
Samples: Equity Pledge Agreement (Acorn International, Inc.), Equity Pledge Agreement (Acorn International, Inc.)
Liability for Breach of Contract. 1) Both parties clearly agree that any of the following circumstances shall be deemed as overdue payment. For each day overdue, the default party shall pay the overdue fine at 0.4‰ of the amount paid overdue:
(a) Party B fails to pay or fully pay the leased housing rent on the last day of the payment term stipulated in the lease contract;
(b) Either party makes overdue payment of the liquidated damages and compensation.
2) In case of violation of paragraph 1) (d) in Article 12, Party A shall pay the liquidated damages at the construction deposit paid by Party B to Party A and Party B shall strictly perform has the terms stipulated in right to terminate the agreement. If one party breaches the contract, the breaching party shall bear the liability for breach of contract according to the contractContract.
2. 3) If the product is delivered by Party A violates paragraphs (b) and (c) in Article 13, Party B may require Party A to Party B and Party B fails to raise any objection to pay the product quality within liquidated damages at the acceptance period, Party B shall not apply for return or replacement; If the product quality problems caused rent deposit paid by Party B due to Party B's reasons A; or Party A shall correct the intervention of a third party, which are not caused by the product itself, and caused by Party B's failure to raise any objection nonperformance within the time limit since required by Party B.
4) If Party A fails to deliver the housing to Party B within the agreed delivery date for Party A’s reasons, Party B agrees to give a grace period of acceptance15 days (hereinafter referred to as the “delivery grace period”) from the agreed delivery date. The formal lease term and the decoration preparation period of Party B will be postponed accordingly. In case of still failure to deliver the housing to Party B upon expiry of the delivery grace period for Party A’s reasons, Party A can repair and rework the products, and agrees to pay RMB [REDACTED]17 to Party B shall bear for each day overdue (from the rework service fee, material fee, processing fee, labor wages and other expenses incurred by Party A;
3. If next day after expiry of the payment is not made delivery grace period) as the liquidated damages for delay in advance and then delivereddelivery of housing till actual delivery date of the housing; meanwhile, the ownership formal lease term and the decoration preparation period of the goods stipulated in this agreement still belongs to Party A before Party B pays off the payment, and Party A has the right to take back the goods at any time. Meanwhile, before this, Party B shall properly keep the goods and ensure that they are intact. If there is any damage, Party B shall compensate Party A according to the price of the goods agreed in the agreement. If the amount is not enough to make up for the losses, it shall also compensate Party A for all losseswill be postponed accordingly.
4. If Party B violates the agreement or refuses to perform the cooperation content during the cooperation period of this agreement, and refuses to perform or even withdraws from the cooperation after being urged by Party A, Party A has the right not to return the initial fee paid by Party B as a security deposit; At the same time, Party B shall cooperate with Party A to return all cooperation materials such as cooperation project materials and trademark product authorization documents, and compensate all economic losses suffered by Party A;
5. If Party B violates this agreement and causes losses to Party A, all expenses (including but not limited to attorney fees, legal fees, arbitration fees, announcement fees, preservation fees, guarantee fees, appraisal fees and auction evaluation fees) incurred by Party A for safeguarding its own legitimate rights and interests shall be borne by Party B;
6. If Party B cancels or changes the order without authorization, it shall pay 20% of the order price as liquidated damages and compensate Party A for all losses such as stocking, labor and profit.
Appears in 2 contracts
Samples: Premises and Warehouse Lease Agreement, Premises and Warehouse Lease Agreement (GDS Holdings LTD)
Liability for Breach of Contract. 1. If Party B violates any of the terms hereof, Party A shall have the right to directly deduct the amount of liquidated damages from the delivery service fees obtained by Party B through the Fengniao Delivery Platform [***]. [***] In the event of any material violation on the part of Party B, Party A shall have the right to terminate this Agreement immediately without returning the deposit and to hold Party B liable for the necessary legal responsibilities.
2. Party B shall strictly perform abide by the terms stipulated in the agreement. If one party breaches the contract, the breaching party shall bear the liability for breach latest “Rules of contract according to the contract.
2. If the product is delivered Party A” as notified by Party A to via email. If Party B and violates any of the “Rules of Party B fails to raise any objection to the product quality within the acceptance period, Party B shall not apply for return or replacement; If the product quality problems caused by Party B due to Party B's reasons or the intervention of a third party, which are not caused by the product itself, and caused by Party B's failure to raise any objection within the time limit since the date of acceptanceA”, Party A can repair and rework shall have the productsright to impose punishment on Party B accordingly, and Party B shall bear remedy such violation in a timely manner. In the rework service feeevent of any material violation on the part of Party B, material fee, processing fee, labor wages Party A shall be entitled to terminate this Agreement and other expenses incurred by reserves the right to claim compensation from Party A;B for the losses incurred.
3. If the payment is not made in advance and then delivered, the ownership of the goods stipulated in this agreement still belongs to Party A before Party B pays off the payment, and Party A has the right to take back the goods at any time. Meanwhile, before this, Party B shall properly keep the goods and ensure that they are intact. If there is any damage, Party B shall compensate Party A according to the price of the goods agreed in the agreement. If the amount is not enough to make up for the losses, it shall also compensate Party A for all losses.[***]
4. If Party B violates the agreement or refuses to perform the cooperation content during the cooperation period of this agreement, and refuses to perform or even withdraws from the cooperation after being urged Any losses incurred by Party A, Party A has the right not to return the initial fee paid B itself or any third party as a result of any violation by Party B as a security deposit; At the same time, Party B shall cooperate with Party A to return all cooperation materials such as cooperation project materials and trademark product authorization documents, and compensate all economic losses suffered by Party A;
5. If Party B violates this agreement and causes losses to Party A, all expenses (including but not limited to attorney fees, legal fees, arbitration fees, announcement fees, preservation fees, guarantee fees, appraisal fees and auction evaluation fees) incurred by Party A for safeguarding its own legitimate rights and interests of paragraph 10 of Article 3 hereof shall be borne by Party B;, and Party A reserves the right to seek recovery from Party B.
5. [***]
6. If Party B cancels or changes the order without authorization, it shall pay 20% of the order price as liquidated damages and compensate is found to have defrauded Party A of any delivery fees by click farming, make false statement on its delivery capacity or any other acts, Party A shall have the right, depending on the number of violations committed by Party B, to terminate this Agreement unilaterally and require Party B to compensate for the relevant losses caused, and may, in serious cases, confiscate the deposit.
7. If any dispute arises between the Parties as a result of any losses caused by Party B’s violation to Party A, then all losses costs arising from the arbitration or litigation of such as stockingdispute, labor and profitincluding but not limited to the attorney’s fees, litigation fees, travel expenses, etc., shall be borne by Party B.
Appears in 2 contracts
Samples: Fengniao Delivery Cooperation Agreement (QUHUO LTD), Fengniao Delivery Cooperation Agreement (QUHUO LTD)
Liability for Breach of Contract. 1. Party A and Party B shall strictly perform the terms stipulated in the agreementof this Agreement. If one either party breaches the contract, the breaching party shall bear be liable for the liability for breach of contract according to the contract.
2. If the product is delivered to Party B by Party A to Party B and Party B fails to does not raise any objection objections to the product quality within the acceptance period, Party B shall not apply for return or replacementreplacement of the product; If if the product quality problems is caused by Party B due to Party B's reasons or the intervention of a third party, which are not caused by the product itself, and caused by Party B's failure to raise any objection within the time limit since the date of acceptance, Party A can repair and rework the products, and Party B shall bear the rework service fee, material feematerials, processing fee, and labor wages and other expenses incurred paid by Party A;
3. If the payment for goods is not made in advance and then deliveredby payment before delivery, Party B shall keep the ownership of the goods stipulated in this agreement still belongs agreed herein to Party A before Party B pays off the paymentpayment is paid, and Party A has shall have the right to take back retrieve the goods at any time. Meanwhile, before thisAt the same time, Party B shall properly keep the goods before this to ensure completeness and ensure that they are intactdamage. If there is In case of any damage, Party B shall compensate Party A according to the goods price of the goods agreed in the agreementherein. If the amount is not enough insufficient to make up for the losses, it shall also compensate Party A for all losses.;
4. If Party B violates the agreement or refuses to perform the cooperation content during the cooperation period of this agreement, and refuses to perform or even withdraws withdraw from the cooperation after being urged by Party A, Party A has B shall have the right not to return pay the initial franchise fee paid by Party B as a security the deposit; At the same timeMeanwhile, Party B shall cooperate with Party A to return all cooperation materials such as cooperation project materials and materials, trademark product authorization documentsdocuments and other cooperation materials, and compensate Party A for all economic losses suffered by Party Athereby;
5. If Party B violates this agreement Agreement and causes losses to Party A, all expenses incurred by Party A (including but not limited to attorney feesfee, legal feesfee, arbitration feesfee, announcement feesfee, announcement fee, preservation feesfee, guarantee feespremium, appraisal fees fee and auction evaluation feesfee) incurred by Party A for safeguarding its own legitimate rights and interests shall be borne by Party B;
6. If Party B cancels or changes the order without authorization, it shall pay 20% of the price of the order price as liquidated damages and compensate Party A for all losses such as stockinginventory, labor and profit.
Appears in 2 contracts
Samples: Product Authorization and Sales Cooperation Agreement (MED EIBY Holding Co., LTD), Product Authorization and Sales Cooperation Agreement (MED EIBY Holding Co., LTD)
Liability for Breach of Contract. (1. ) If any of the following events occurs, such an event shall be deemed to be a breach of this Agreement:
a. Beijing HJX Technology fails to pay in full the fee for the technology services under the exclusive Services Agreement within a reasonable time limit as specified therein;
b. Party B fails fully to perform its obligations under the Loan Agreement;
c. Any of the representations or warranties Party B makes in Article 3 hereof proves to be inconsistent with any of the major facts or false and/or Party B is out of compliance with any of the warranties it makes in Article 3 hereof;
d. Party B is out of compliance with any of the undertakings it makes in Article 4 hereof;
e. Party B is in violation of any of the provisions hereof;
f. Without Party A’s previous written consent, Party B has relinquished or transferred the equity interest that has been pledged hereunder;
g. In the case that Party B has got any loan from a third party or provided any guaranty for a third party, is required to pay any compensation to a third party, has made an undertaking to a third party, or is under any other liability to a third party,
(i) Party B is required to repay such loan, perform such guaranty or undertaking, pay such compensation, or discharge such liability ahead of time; or
(ii) Party B is unable to discharge any of the aforesaid liabilities when it becomes due so that Party A and believes that Party B’s capacity to perform this Agreement is adversely affected as a result;
h. Party B shall strictly is unable to repay its general debts or any other debts;
i. Any new laws or regulations have been promulgated that have rendered this Agreement illegal or Party B unable to continue to perform its obligations hereunder;
j. All the terms stipulated approvals, licenses, consents or authorizations of the government authorities that have made this Agreement performable and effective are revoked, terminated, have become invalid, or have been substantially modified;
k. Any adverse change has occurred to the assets under Party B’s ownership so that Party A believes that Party B’s capacity to perform this Agreement is adversely affected as a result;
l. The successor to, or manager of, Beijing HJX Technology can only perform part of the obligation to pay the fee under the Services Agreement or refuses to perform such obligation; or
m. There occurs any other event in which Party A cannot exercise the pledge right hereunder.
(2) As soon as Party B is informed, or has become aware, that any of the events as described in the agreementpreceding paragraph is likely to occur, it shall notify Party A in writing of such likelihood. Except as any of the breaches of contract as described in the preceding paragraph has been successfully remedied to Party A’s satisfaction, at the time of such occurrence or any time thereafter, Party A may serve a notice of such breach on Party B and dispose of the equity interest to be pledged hereunder in accordance with the provisions of Article 5 hereof.
(3) If one party breaches either Party is in breach of any of the contractprovisions hereof, the breaching party shall bear be liable to the liability non-breaching party for breach of contract according and compensate the non-breaching party for any losses it may suffer as a result of such breach. The non-breaching party may grant the breaching party a certain period of grace, in which the breaching party shall be required to the contractremedy such breach.
2. (4) If the product is delivered by Party A to Party B and Party B breaching party fails to raise take any objection to the product quality remedial measures within the acceptance period, Party B shall not apply for return or replacement; If the product quality problems caused by Party B due to Party B's reasons or the intervention a reasonable period of a third party, which are not caused by the product itself, and caused by Party B's failure to raise any objection within the time limit since the date of acceptance, Party A can repair and rework the products, and Party B shall bear the rework service fee, material fee, processing fee, labor wages and other expenses incurred by Party A;
3. If the payment is not made in advance and then deliveredgrace, the ownership of the goods stipulated in this agreement still belongs to Party A before Party B pays off the payment, and Party A has non-breaching party shall have the right to take back terminate this Agreement and require that the goods at breaching party compensate it for any time. Meanwhile, before this, Party B shall properly keep the goods and ensure that they are intact. If there is any damage, Party B shall compensate Party A according to the price of the goods agreed in the agreement. If the amount is not enough to make up for the losses, actual losses it shall also compensate Party A for all losses.
4. If Party B violates the agreement or refuses to perform the cooperation content during the cooperation period of this agreement, and refuses to perform or even withdraws from the cooperation after being urged by Party A, Party A has the right not to return the initial fee paid by Party B may suffer as a security deposit; At the same timeresult, Party B shall cooperate with Party A to return all cooperation materials such as cooperation project materials and trademark product authorization documents, and compensate all economic losses suffered by Party A;
5. If Party B violates this agreement and causes losses to Party A, all expenses (including but not limited to attorney fees, legal fees, arbitration fees, announcement fees, preservation fees, guarantee fees, appraisal fees all the reasonable expenses the non-breaching party may incur in connection with the execution and auction evaluation fees) performance hereof (including expenses and costs incurred by Party A for safeguarding its own legitimate rights and interests shall be borne by Party B;
6. If Party B cancels or changes in connection with the order without authorization, it shall pay 20% engagement of the order price as liquidated damages and compensate Party A for all various intermediary agencies), provided, however, that such compensation shall not exceed losses such as stockingthat, labor and profitat the time of execution hereof, the breaching party foresaw or should have reasonably foreseen its breach hereof might cause to the other Party.
Appears in 2 contracts
Samples: Equity Pledge Agreement (Acorn International, Inc.), Equity Pledge Agreement (Acorn International, Inc.)
Liability for Breach of Contract. 1. Party A and Party B Either Party’s direct or indirect violation of any provisions herein or failure in assuming or untimely or insufficient assumption of any of its obligations hereunder shall strictly perform the terms stipulated in the agreement. If one party breaches the contract, the breaching party shall bear the liability for constitute a breach of contract according contract. The non-default Party (the “Non-default Party”) is entitled to send to the contractdefault Party (the “Default Party”) a written notice, requesting the Breaching Party to rectify its breach, take sufficient, effective and timely measures to eliminate the effects of breach, and compensate the Non-Breaching Party for any losses incurred by the breach.
2. If After the product occurrence of breach, and in the event that such a breach has made it impossible or unfair for the Non-Breaching Party to perform its corresponding obligations hereunder based on the Non-Breaching Party’s reasonable and objective judgments, the Non-Breaching Party is delivered by Party A entitled to Party B and Party B fails to raise any objection send to the product quality within Breaching Party a written notice of its temporary suspension of performance of corresponding obligations hereunder, until the acceptance periodBreaching Party stops the breach, takes sufficient, effective and timely measures to eliminate the effects of breach, and compensate the Non-Breaching Party B shall not apply for return or replacement; If the product quality problems caused by Party B due to Party B's reasons or the intervention of a third party, which are not caused any losses incurred by the product itself, breach.
3. The losses of the Non-Breaching Party that shall be compensated by the Breaching Party include direct economic losses and caused by Party B's failure to raise any objection within the time limit since the date of acceptance, Party A can repair foreseeable indirect losses and rework the products, and Party B shall bear the rework service fee, material fee, processing fee, labor wages and other extra expenses incurred by Party A;
3. If the payment is not made in advance and then deliveredbreach, including without limitation, the ownership of the goods stipulated in this agreement still belongs to Party A before Party B pays off the paymentattorneys’ fee, litigation and Party A has the right to take back the goods at any time. Meanwhilearbitration fee, before this, Party B shall properly keep the goods financial expense and ensure that they are intact. If there is any damage, Party B shall compensate Party A according to the price of the goods agreed in the agreement. If the amount is not enough to make up for the losses, it shall also compensate Party A for all lossestravel charge.
4. If Once Party B violates has started production in accordance with the agreement or refuses to perform custom renderings as confirmed by both parties, in the cooperation content during the cooperation period of this agreement, and refuses to perform or even withdraws from the cooperation after being urged by Party A, event that Party A has changes its requirements on products’ appearance or other aspects, the right not “Advanced Payment” that Party A have paid to return the initial fee paid by Party B shall be taken as liquidated damages to Party B as a security deposit; At the same timeresult of Party A’s breach of contract. If such amount is insufficient to cover Party B’s losses, Party B A shall cooperate with Party A to return all cooperation materials such as cooperation project materials and trademark product authorization documents, and compensate all economic other losses suffered by Party A;
5. If of Party B violates as well. Under this agreement condition , if Party B need to redesign and causes losses reprocessing according to Party A’s updated requirements based on mutual agreement by both parties, all expenses (including but not limited to attorney fees, legal fees, arbitration fees, announcement fees, preservation fees, guarantee fees, appraisal fees and auction evaluation fees) incurred by Party A shall pay for safeguarding its own legitimate rights the redesign and interests reprocessing separately, the amount of payment shall be borne decided upon mutual agreement by Party B;
6. If Party B cancels or changes the order without authorization, it shall pay 20% of the order price as liquidated damages and compensate Party A for all losses such as stocking, labor and profitboth parties.
Appears in 2 contracts
Samples: Custom Processing Framework Agreement, Custom Processing Framework Agreement (Jakroo Inc.)
Liability for Breach of Contract. 1. Party A and Party B shall strictly perform Within the validity period of contract, if either party hereto fulfills the terms stipulated in of this Contract incompletely or fails to fulfill part of the agreementterms hereof, it will be deemed as breach of contract. If one And the other party breaches the contract, is entitled to ask the breaching party shall bear to compensate the liability for breach of contract actual losses caused to the other party according to the contractdegree of default.
2. In case of breach of contract by either party, the other party is entitled to ask the breaching party to compensate corresponding economic losses, but such compensation cannot be taken as the reason for and rights to contract termination.
3. If the product is delivered by Party A unilaterally proposes to rescind the contract under the precondition that Party B and has achieved the target of entrusted operation as agreed herein, Party A shall pay Party B six months of operating management fee according to the leased area as the compensation for contract rescission; if Party B fails to raise any objection to achieve the product quality within the acceptance period, Party B shall not apply for return or replacement; If the product quality problems caused by Party B due to Party B's reasons or the intervention of a third party, which are not caused by the product itself, and caused by Party B's failure to raise any objection within the time limit since the date of acceptanceoperational target, Party A can repair is entitled to terminate cooperation and rework rescind the productscontract, and Party B shall bear refund the rework service fee, material fee, processing fee, labor wages and other expenses incurred by Party A;
3. If residual operating management fee starting from the payment is not made in advance and then delivered, the ownership date of the goods stipulated in this agreement still belongs to Party A before contract rescission; if Party B pays off rescinds the payment, and Party A has the right to take back the goods at any time. Meanwhile, before thiscontract for no reason, Party B shall properly keep the goods and ensure that they are intact. If there is any damage, Party B shall compensate Party A refund six months of operating management fee according to the price of leased area as the goods agreed in the agreement. If the amount is not enough to make up compensation for the losses, it shall also compensate Party A for all lossescontract rescission.
4. If Party B violates shall not conduct any act beyond the agreement or refuses to perform scope of authorization in the cooperation content during the cooperation period name of this agreement, and refuses to perform or even withdraws from the cooperation after being urged by Party A, Party A has the right not to return the initial fee paid by Party B as a security deposit; At the same time, Party B shall cooperate with Party A to return all cooperation materials such as cooperation project materials and trademark product authorization documents, and compensate all economic losses suffered by Party A;
5. If Party B violates this agreement and causes losses to Party A, all expenses (including but not limited to attorney feessigning property guarantee contract and property guarantee documents etc. externally, legal fees, arbitration fees, announcement fees, preservation fees, guarantee fees, appraisal fees and auction evaluation fees) incurred by otherwise Party A is entitled to hold Party B responsible for safeguarding its own legitimate rights breach of contract and interests shall be borne by compensation of loss caused thereby. During the performance of this Contract, in case of any dispute arising from the operation and management of Party B;
6. If , and thereby causes the third party initiating an arbitration to Arbitration Commission, if the respondent is Party A, Party B cancels or changes shall undertake the order without authorization, it shall pay 20% of responsibility and bear the order price as liquidated damages and compensate Party A for all losses such as stocking, labor and profitarbitration fee.
Appears in 2 contracts
Samples: Entrustment Contract for Operation and Management (Tony Fun, Inc.), Entrustment Contract for Operation and Management (Tony Fun, Inc.)
Liability for Breach of Contract. 19.1 Upon the execution of this Agreement, both parties shall fulfill their respective obligations under this Agreement. The party that fails to fulfill its obligations under this Agreement shall be responsible for the liabilities for breach of contract.
9.2 In the event that Party A prepays the loan without Party B’s written consent, Party B has the right to request the payment of interest as if the loan were paid off according to the schedule under this Agreement.
9.3 If Party A fails to repay the principal and the accrued interest within the term provided in this Agreement, Party B has the right to request Party A to pay off the overdue within a certain period of time. Party A and authorizes Party B shall strictly perform the terms stipulated in the agreement. If one party breaches the contract, the breaching party shall bear the liability for breach to deduct an amount of contract according deposit equal to the contract.
2. If the product is delivered by overdue loan from Party A to A’s accounts with Party B and charge a penalty interest 50% higher than the applicable interest rate provided in this Agreement on the overdue loan principal and charge compound interest on accrued interest payable.
9.4 If Party B A fails to raise any objection to use the product quality within loan for the acceptance periodpurposes provided in this Agreement, Party B has the right to suspend the loan, accelerate part or all of the outstanding loan balance or terminate this Agreement. Party A shall charge a penalty interest of 100 percent higher than the applicable interest rate provided in this Agreement on the part of loan that is misused starting from the occurrence of such misuse.
9.5 If Party A fails to repay the accrued interest for two payments during the term of this Agreement, Party B has the right to accelerate part or all of the outstanding loan balance.
9.6 Party B has the right to accelerate part or all of the outstanding loan balance if any of the following activities of Party A occurs:
9.6.1 Party A provides balance sheets and other financial data which are untrue or with material omission;
9.6.2 Does not apply for return cooperate or replacement; If refuse to accept the product quality problems caused inspection by Party B due relating to Party B's reasons or the intervention business operation and financial activities of a third party, which are not caused by the product itself, and caused by Party B's failure to raise any objection within the time limit since the date of acceptance, Party A can repair and rework the products, and Party B shall bear the rework service fee, material fee, processing fee, labor wages and other expenses incurred by Party A;
39.6.3 Without Party B’s consent, transfer or otherwise dispose, or threaten to transfer or dispose Party A’s material assets;
9.6.4 Substantially all or all of the assets of Party A are possessed by third party creditors or their designees, and may cause material adverse impact on Party B;
9.6.5 Without Party B’s consent, sub-contracting, lease, transformation into stock company, cooperation, merger, acquisition, setting up joint-venture, spin-off, reducing registered capital, material assets transfer and other activities that may materially adversely affect the exercise of Party B’s rights hereunder.
9.6.6 change of the domicile, mailing address, business scope or legal representative of Party A that may materially adversely affect the exercise of Party B’s rights hereunder;
9.6.7 be involved in major litigations or deterioration of financial status of Party A that may materially adversely affect the exercise of Party B’s rights hereunder;
9.6.8 other activities that may materially adversely affect the exercise of Party B’s rights hereunder. Article Ten – Effectiveness of the Agreement, Amendment, and Termination
10.1 This Agreement becomes effective upon the execution of each party’s legal representative and affixing seals of each party. If the payment loan is not made in advance and then deliveredguaranteed by a guarantee agreement, this Agreement becomes effective upon the ownership execution of the goods stipulated in this agreement still belongs to Party A before guarantee agreement.
10.2 Party B pays off the payment, and Party A has the right to take back the goods at any time. Meanwhile, before this, Party B shall properly keep the goods terminate this Agreement and ensure that they are intact. If there is any damage, Party B shall compensate request Party A to repay the outstanding loan balance and accrued interest, if any of the following occurs:
10.2.1 Party A fails to repay the loan according to the price schedule under this Agreement;
10.2.2 Party A breaches its covenants;
10.2.3 Party A does not complies with the agreed financial targets;
10.2.4 Party A materially breaches this Agreement;
10.2.5 The business operations of Party A is suspended, or Party A is dissolved, or its business license is revoked;
10.2.6 Party A fails to provide other guarantees approved by Party B if the guarantee provided under this Agreement has changed and may adversely affect Party B’s rights;
10.2.7 Party A fails to notify Party B within 5 days after the occurrence of the goods agreed following activity or fail to provide other guarantees approved by Party B: the guarantor of the loan under this Agreement is in the agreement. If following situations, such as suspension of production, recession of business, cancelation of registration, its business license being revoked, bankruptcy, and suffering operating losses, resulting in the amount is not enough loss of all or part of its ability to make up provide guaranty for the lossesloan;
10.2.8 other material breach of contract
10.3 If Party A intends to extend the term of this Agreement, it shall also compensate submit the extension application 30 days before the expiration of this Agreement. Upon the consent of Party A for all lossesB and the execution of the extension agreement, the extension of the loan will become effective.
4. If Party B violates 10.4 After this Agreement becomes effective, any party may not terminate the agreement contract or refuses to perform amend the cooperation content during the cooperation period of this agreement, and refuses to perform or even withdraws from the cooperation after being urged by Party A, Party A has the right not to return the initial fee paid by Party B as a security deposit; At the same time, Party B shall cooperate with Party A to return all cooperation materials such as cooperation project materials and trademark product authorization documents, and compensate all economic losses suffered by Party A;
5. If Party B violates this agreement and causes losses to Party A, all expenses (including but not limited to attorney fees, legal fees, arbitration fees, announcement fees, preservation fees, guarantee fees, appraisal fees and auction evaluation fees) incurred by Party A for safeguarding its own legitimate rights and interests shall be borne by Party B;
6. If Party B cancels or changes the order contract without authorization, it shall pay 20% of the order price as liquidated damages and compensate Party A for all losses such as stocking, labor and profitother party’s consent.
Appears in 2 contracts
Samples: Working Capital Loan Agreement (Yayi International Inc), Working Capital Loan Agreement (Yayi International Inc)
Liability for Breach of Contract. 1. Party B shall pay the data promotion fee (including the deposit, if any) to Party A in accordance with the time and amount agreed herein. If Party B fails to pay the fees in full and on time as agreed, it shall strictly perform pay a late fine of 3 ‰ of the terms stipulated in total overdue fees for each day overdue, until the agreementoverdue fees are paid; Party A shall have the right to suspend party B’s data promotion requirements from the date of delay, and immediately remove the content materials under release, and shall not assume any responsibility. If one Party B fails to pay the data promotion fee in full 15 days later, Party A shall have the right to terminate party breaches the contract, the breaching party shall bear the liability for breach of contract according to the contractB’s data promotion without any responsibility.
2. If party b has one of the product following default, party b shall still in full pay the corresponding data promotion fee, and party a has the right to immediately offline is delivered by Party A in the material, take corresponding restrictions and unilaterally terminate this agreement, and require party b to compensate to party a and / or party a associated company all losses:
1) Failing to pay the data promotion fee in full within 15 days overdue without justifiable reasons;
2) In violation of the confidentiality requirements of this Agreement and / or the protection requirements of users’ personal information and data, transfer, copy, disseminate, transfer, license the trade secrets, software and data, or disclose, allow or provide others to use them in any way, or engage in any business or business activities;
3) Party B and Party B fails to raise any objection to the product quality within the acceptance periodrepresent customers, Party B shall not apply for return or replacement; If the product quality problems caused by Party B due to Party B's reasons or the intervention of a third partyAs well as its content materials, which are not caused by the product itself, and caused by Party B's failure to raise any objection within the time limit since the date of acceptance, Party A can repair and rework the promotion products, and Party B shall bear the rework service feedata promotion behaviors, material feecontract performance behaviors, processing fee, labor wages and other expenses incurred by Party A;
3. If the payment is not made in advance and then delivered, the ownership of the goods stipulated in this agreement still belongs accounts associated with or authorized to Party A before Party B pays off the payment, and Party A has the right to take back the goods at any time. Meanwhile, before this, Party B shall properly keep the goods and ensure that they are intact. If there is any damage, Party B shall compensate Party A according to the price of the goods agreed in the agreement. If the amount is not enough to make up for the losses, it shall also compensate Party A for all losses.
4. If Party B violates the agreement or refuses to perform the cooperation content during the cooperation period of this agreement, and refuses to perform or even withdraws from the cooperation after being urged by Party A, Party A has the right not to return the initial fee paid by Party B as a security deposit; At the same time, Party B shall cooperate with Party A to return all cooperation materials such as cooperation project materials B’s promotion, party B and trademark product authorization documents, and compensate all economic losses suffered by Party A;
5. If Party B violates this agreement and causes losses to Party A, all expenses (B’s agent clients ( including but not limited to attorney feesoperators, legal feessenior executives, arbitration feesspokespersons), announcement feesand related functions and services of the use of the data promotion platform, preservation feesIn the offline or other restricted state, guarantee feesViolation of relevant laws, appraisal fees regulations and auction evaluation feesplatform rules is likely to lead to the risk of violation and violation, Or hinder the order of the platform or infringe on the rights and interests of consumers or third parties, Or have a serious violation of social public order and good customs, Or any illegal activities, negative events or other improper acts are reported or investigated by the competent authorities;
4) incurred party b’s link approved or online promotion, party b by modifying the link to the page or program content, set the site jump, set up malicious code, set the virus, malicious use since the seizure stop on the illegal content, technology against show in violation of the current laws, regulations, rules and regulations and the content of the platform rules;
5) Party B fails to add the download link or express the added download link to the user, or the content material is inconsistent with the relevant application information or other mislead or induce users to download; or Party B changes the content material without Party A’s confirmation, including but not limited to changing the originally promoted ordinary products into products that require special business qualifications, and adds or changes the download link;
6) Party B shall promote the data beyond the scope and term of agency agreed herein;
7) Party B and / or Party B’s affiliates shall conduct agents or other activities in the name of Party A and its affiliates beyond or without the authorization of Party A, Party A’s affiliates or various platforms;
8) Party B or the client represented by Party A for safeguarding its own B shall provide any content materials containing malicious software, spyware or any other malicious code in the data promotion, which infringes upon the legitimate rights and interests shall be borne by of Party BA, Party A’ s associates and / or users;
6. If 9) Party B cancels or changes the order without authorization, it shall pay 20% of the order price as liquidated damages develop subordinate agents;
10) Party B shall sign a written contract between Party B and compensate Party A for all losses such as stocking, labor and profitits agent customers.
Appears in 2 contracts
Samples: Ocean Engine Agent Data Promotion Business Cooperation Agreement (Haoxi Health Technology LTD), Ocean Engine Agent Data Promotion Business Cooperation Agreement (Haoxi Health Technology LTD)
Liability for Breach of Contract. 1. Party A shall be responsible for the property rights, rental rights and other creditor’s rights and debts related to Party A as described in this contract, and Party A shall be liable for compensation for the loss of economy and reputation caused by Party B.
2. Party A shall undertake the maintenance obligation of the property and fail to repair it within a reasonable period of time, causing Party B to fail to use the property normally. Party A shall pay Party B a penalty for each day after more than 3 days.
3. During the lease term, Party A shall be liable for compensation if Party A fails to perform the maintenance obligations stipulated in this contract in time, causing damage to the property and causing property damage or personal injury of Party B.
4. Party B shall strictly perform install water meters and electricity meters during the terms stipulated in renovation and renovation process or during the agreement. If one party breaches the contractlease period; if Party A finds that Party B has stolen water and electricity, the breaching party amount of the difference between the readings and the total meter readings shall bear the liability for breach of contract according to the contract.be borne by Party B.
25. If the product is delivered by contractor arbitrarily cancels the contract and withdraws the property in advance during the lease period, Party A to shall refund the rent of the remaining days of Party B and Party B fails to raise any objection to without interest.
6. If the product quality within contract does not stipulate the acceptance periodcontract, Party B shall cancel the contract without authorization, and Party A shall not apply for return or replacement; If refund the product quality problems caused rent paid by Party B.
7. If Party B due to Party B's reasons or privately sublets the intervention of a third party, which are not caused by the product itself, and caused by Party B's failure to raise any objection within the time limit since the date of acceptanceproperty, Party A can repair has the right to execute in accordance with Article 9.2 of this Agreement. Party B shall move within 3 days after Party A’s notice of cancellation (written, short message or telephone) has been removed more than 3 □ not moved. The property company will take measures to cut off water and rework power off the productsproperty, and all losses arising therefrom will be borne by Party B. At the same time, Party A will retain all rights to protect the company’s rights and interests through legal channels.
8. Party B shall pay the rent in a late payment period, and pay the liquidated damages in accordance with the daily rent amount for one day. If Party A will overdue the supply of water and electricity for the leased property, Party A shall have the right to unilaterally terminate the contract, and Party B shall bear the rework service fee, material fee, processing fee, labor wages corresponding annual rent. A multiple amount of liquidated damages and other expenses incurred by Party A;
3the deposit will not be refunded. If the payment is not made in advance and then delivered, the ownership of the goods stipulated in this agreement still belongs to Party A before Party B pays off the payment, and Party A has the right to take back dispose of the goods at any time. Meanwhile, before this, facilities and equipment in the rented property of Party B shall properly keep the goods and ensure that they are intact. If there is any damage, Party B shall compensate Party A according to the price of the goods agreed in the agreement. If the amount is not enough to make up for the losses, it shall also compensate Party A for all lossesrental expenses.
4. If Party B violates the agreement or refuses to perform the cooperation content during the cooperation period of this agreement, and refuses to perform or even withdraws from the cooperation after being urged by Party A, Party A has the right not to return the initial fee paid by Party B as a security deposit; At the same time, Party B shall cooperate with Party A to return all cooperation materials such as cooperation project materials and trademark product authorization documents, and compensate all economic losses suffered by Party A;
5. If Party B violates this agreement and causes losses to Party A, all expenses (including but not limited to attorney fees, legal fees, arbitration fees, announcement fees, preservation fees, guarantee fees, appraisal fees and auction evaluation fees) incurred by Party A for safeguarding its own legitimate rights and interests shall be borne by Party B;
6. If Party B cancels or changes the order without authorization, it shall pay 20% of the order price as liquidated damages and compensate Party A for all losses such as stocking, labor and profit.
Appears in 2 contracts
Samples: Leasing Contract (Huahui Education Group LTD), Leasing Contract (Huahui Education Group LTD)
Liability for Breach of Contract. 1. Party A and Party B shall strictly perform Within the terms stipulated in the agreementvalidity of this Contract, neither party may unilaterally terminate this Contract without reason. If one either party breaches the contractterminates this Contract in advance, the breaching party it shall bear the liability for breach of contract according give a written notice to the contractother party six months in advance and compensate the other party twice the amount of the deposit.
2. If Party B withdraws from the product leased property in advance and terminates this Contract during the term hereof, it shall notify Party A in writing six months in advance, pay off all expenses, clean up the property, repair and restore it, and submit it to Party A for acceptance inspection. Party A shall not return the lease deposit to Party B and make compensation in accordance with Clause 1 of Article 8 hereof.
3. Party A shall have the right to unilaterally terminate the lease agreement at any time under any of the following circumstances: ① If Party B delays paying the monthly rent for 30 days, or repeatedly delays paying the monthly rent for 60 days, or the accumulated arrears of Party A's rent and other expenses reach the standard of one month's rent; ② If Party B's arrears of wages to employees reach the standard of one month or the total amount of arrears of wages to employees reaches RMB 10,000 RMB or the amount of lease deposit, or the labor department intervenes to deal with Party B's unpaid wages (or escape); ③ The relevant departments of industry and commerce or government seal up Party B's property. ④ Party B changes the use of the premises without written consent of Party A; Or engage in illegal activities; Concealing weapons, ammunition, gasoline, alcohol and other illegal or dangerous goods in the subject matter of the lease, causing an accident or being ordered to rectify or punished by a government department; ⑤ Party B renovates or modifies the leased subject matter and ancillary facilities beyond the scope without written consent of Party A; ⑥ Party B's production, operation and other acts cause damage to any third party caused by noise, pollution, radiation and other environmental pollution, or Party B is ordered by the administrative authority to rectify, and fails to complete the rectification within a reasonable period of time: ⑦ Party B violates the regulations on production safety, resulting in major safety liability accidents; ⑧ Party B does not use the building according to the nature of the building, resulting in damage to the plant or complex building; Termination of the contract in accordance with this Article shall take effect when Party A's notice is delivered to Party B's address as agreed below. Party B undertakes that the mail, notices or materials sent by Party A to Party B and other related matters are as follows :① Party B's effective delivery address is Room 1802, Yuemeite Building, Xxxxxx Xxxxxx, Xxxxxxx Xxxxxxxx, Xxxxxxxx. Contact Person: Xxx Xxx, contact information: [] ② Party B shall promptly notify Party A in writing of the change of its address, and Party A shall send the notice by post to the above address. The recipient shall be deemed to have given effective notice no matter whether it signs for receipt or not; ③ or Party A may paste the notice on the door of Party B's leased property and take a photo of it for retention. The notice shall be deemed to have been served within two days (the same day shall be deemed to have been served if the unpaid salary has escaped); If Party B fails to raise any objection to the product quality within the acceptance period, comply with Party B shall not apply for return or replacement; If the product quality problems caused by Party B due to Party BA's reasons or the intervention of a third party, which are not caused by the product itself, and caused by Party B's failure to raise any objection notice within the time limit since specified in the date of acceptancenotice, Party A can repair and rework the products, and may consider that Party B shall bear the rework service fee, material fee, processing fee, labor wages and other expenses incurred by Party A;
3. If the payment is not made in advance and then delivered, has automatically given up the ownership of the goods stipulated equipment, facilities, materials and commodities in this agreement still belongs to Party A before Party B pays off the paymentleased property, and Party A has the right to take back the goods at any time. Meanwhile, before this, Party B shall properly keep the goods and ensure that they are intact. If there is any damage, Party B shall compensate Party A according to the price may dispose of the goods agreed in the agreement. If the amount is not enough to make up for the losses, it shall also compensate Party A for all losses.
4. If Party B violates the agreement or refuses to perform the cooperation content during the cooperation period of this agreement, and refuses to perform or even withdraws from the cooperation after being urged by Party A, Party A has the right not to return the initial fee paid by Party B as a security deposit; At the same time, Party B shall cooperate with Party A to return all cooperation materials such as cooperation project materials and trademark product authorization documents, and compensate all economic losses suffered by Party A;
5. If Party B violates this agreement and causes losses to Party A, all expenses items (including but not limited to attorney feesauction and sale) on its own, legal fees, arbitration fees, announcement fees, preservation fees, guarantee fees, appraisal fees and auction evaluation fees) incurred the proceeds from the disposal shall be used to pay off the rent and other expenses owed by Party B to Party A or the wages of its workers, and Party A may file a lawsuit for safeguarding its own legitimate rights and interests the insufficient part Party B shall be borne pay the payment; The lease deposit paid by Party B;
6. If Party B cancels or changes the order without authorization, it shall pay 20% of the order price as liquidated damages and compensate Party A for all losses such as stocking, labor and profitis non-refundable.
Appears in 1 contract
Liability for Breach of Contract. 1. Where Party A and Party B shall strictly perform fails to fully pay the terms stipulated in the agreement. If one party breaches the contract, the breaching party shall bear the liability for breach of contract service fee according to the contract.time and amount stipulated herein, for each day of delay, Party A shall pay Party B liquidated damages in the amount equal to 3‰ of the amount payable. Party B’s acceptance of a payment of any portion of the fee stated above shall not be construed as its waiver of the right to collect any balance and liquidated damages;
2. If the product is delivered by without due cause Party A still fails to pay Party B and Party B fails to raise any objection to the product quality within service fee when the acceptance periodpayment is 60 days overdue, Party B shall not apply have the right to unilaterally rescind this nAgreement and require Party A to pay the entire service fee hereunder, the work expenses for return or replacement; If the product quality problems caused by which Party B due to Party B's reasons or the intervention of a third party, which are has not caused by the product itself, been reimbursed and caused by Party B's failure to raise any objection within the time limit since the date of acceptance, Party A can repair and rework the products, and Party B shall bear the rework service fee, material fee, processing fee, labor wages and other expenses incurred by Party Aover liquidated damages;
3. If the payment is not made in advance and then delivered, the ownership of the goods stipulated in this agreement still belongs to Where Party A before Party B pays off the payment, and Party A has the right to take back the goods at any time. Meanwhile, before thisterminates this Agreement without cause, Party B shall properly keep have the goods right to require Party A to full pay the unpaid service fee hereunder, the work expenses for which Party B has not been reimbursed and ensure over liquidated damages;
4. Party A shall not require Party B to refund the fee by the following improper grounds:
1) Party A unilaterally employs another company to provide the same services for itself;
2) After the two parties sign this Agreement, Party A requires a fee refund on the ground that they the amount of the fee charged by Party B is too high;
3) After the two parties sign this Agreement, Party A requires a fee refund on the ground that there are intact. only a few services which need to be provided for itself;
4) Party A terminates this Contract without cause for a reason other than a breach of the obligations stipulated herein on the part of Party B or Party B’s employees.
5) If there is Party A delays in paying the service fee on any damageof the foregoing ground, Party B shall compensate Party A according to the price of the goods agreed in the agreement. If the amount is not enough to make up for the losses, it shall also compensate Party A for all losses.
4. If Party B violates the agreement or refuses to perform the cooperation content during the cooperation period of this agreement, and refuses to perform or even withdraws from the cooperation after being urged by Party A, Party A has have the right not to return the initial fee paid by Party B as a security deposit; At the same time, Party B shall cooperate with require Party A to return all cooperation materials such as cooperation project materials and trademark product authorization documentsfull pay the service fee unpaid within the validity term hereof, and compensate all economic losses suffered by Party A;
5. If the work expenses for which Party B violates this agreement has not been reimbursed and causes losses to Party A, all expenses (including but not limited to attorney fees, legal fees, arbitration fees, announcement fees, preservation fees, guarantee fees, appraisal fees and auction evaluation fees) incurred by Party A for safeguarding its own legitimate rights and interests shall be borne by Party Bover liquidated damages;
6. If Party B cancels or changes the order without authorization, it shall pay 20% of the order price as liquidated damages and compensate Party A for all losses such as stocking, labor and profit.
Appears in 1 contract
Liability for Breach of Contract. 1. Party A Any-party that violates this contract and Party B shall strictly perform causes any loss to the terms stipulated in the agreement. If one party breaches the contract, the breaching other party shall bear the liability be liable for breach of contract compensation according to the contractlaw.
2. If the product is delivered by Party A to Party B and Party B fails to raise any objection to has the product quality within the acceptance period, Party B shall not apply for return or replacement; If the product quality problems caused by Party B due to Party B's reasons or the intervention of a third party, which are not caused by the product itself, and caused by Party B's failure to raise any objection within the time limit since the date of acceptancecircumstances stipulated in Article 14 hereof, Party A can repair and rework shall have the products, and Party B shall bear right to unilaterally terminate the rework service fee, material fee, processing fee, labor wages and other expenses incurred by Party A;
3. If the payment is not made in advance and then delivered, the ownership of the goods stipulated in this agreement still belongs to Party A before Party B pays off the payment, and Contract Party A has the right to take back the goods at any time. Meanwhile, before this, deduct Party B shall properly keep the goods and ensure that they are intact. If there is any damage, Party B shall compensate Party A according to the price of the goods agreed in the agreementB’s performance bond. If the amount deposit is not enough insufficient to make up for the losses, it shall also compensate Party A for all A’s losses.
4. If Party B violates the agreement or refuses to perform the cooperation content during the cooperation period of this agreement, and refuses to perform or even withdraws from the cooperation after being urged by Party A, Party A has the right not to return the initial fee paid by ask Party B as a security deposit; At to pay the same time, Party B shall cooperate with Party A to return all cooperation materials such as cooperation project materials and trademark product authorization documents, and compensate all economic losses suffered by Party A;
5difference. If Party B violates this agreement refuses to make up, Party A shall have the right to seal up the facilities and causes losses facilities in the leased premises The items and reserve the right to recover reasonable compensation and legal liability from Party AB, all expenses (including but not limited to attorney fees, legal fees, arbitration fees, announcement fees, preservation fees, guarantee fees, appraisal fees and auction evaluation fees) incurred the above items shall be paid by Party B. The sealing shall be terminated after the corresponding payment. If Party B still fails to pay the corresponding amount within one month from the date of sealing, Party A for safeguarding its own legitimate rights Party B shall have the right to dispose of the sealed articles without any responsibility, and interests the disposal expenses shall be borne by Party B;B.
3. Party A shall compensate for any personal and property losses caused to Party B caused by Party A’s failure to perform the maintenance obligations as agreed Compensation liability.
4. During the lease term, if either party terminates the lease contract in advance, it shall speak up in writing three months in advance. With the written consent of the other party (if a written reply is not given within 15 days upon receipt of the notice, it shall be deemed to agree). To terminate the contract, but to pay the other party liquidated damages equivalent to six months’ rent.
5. Party B shall be liable for breach of contract if it fails to pay the rent and any other expenses payable. Party A shall have the right to charge Party B a daily penalty of 5% of the overdue payment amount. If the overdue payment exceeds seven days, Party A shall have the right to unilaterally terminate this Contract.
6. If this Contract is terminated or terminated in advance due to Party B, the performance bond paid by Party B cancels shall not be granted return.
7. Due to Party a cause this contract is terminated or changes terminated, double return Party B pay the order without authorizationperformance deposit, it (deduct Party B shall pay 20% of bear the order price as liquidated damages rent and related expenses) and compensate Party A B decoration loss (the amount of the appraisal institutions and deduct Party B has used the corresponding years of depreciation), and compensate for Party B relocation fee and other losses.
8. The losses mentioned in this Contract shall include but are not limited to direct losses, indirect losses, litigation costs, attorney’s fees, evidence collection expenses and all losses such as stocking, labor and profitexpenses for the realization of relevant rights or interests.
Appears in 1 contract
Liability for Breach of Contract. 1. 7.1 Party A and must clear up the plant under lease 3 days prior to the effective date of lease hereunder, so that Party B could use the plant on schedule. Where Party A delays to deliver the plant, then Party A must pay the liquidated damages at 1% of the daily rental per overdue day. If the overdue payment exceeds 30 days, Party B shall strictly perform have the terms stipulated right to terminate the Contract unconditionally, and Party A must pay rentals of 2 months to Party B as liquidated damages.
7.2 Where Party B fails to pay the rental on schedule, then Party B must pay the liquidated damages at 1% of the daily rental per overdue day. In the event that the overdue payment exceeds 30 days, then Party A shall have the right to terminate the Contract unconditionally. In this case, except for Party B’s removable facilities and equipment in the agreementplant, all equipment and devices including decoration shall be protected from damage, and shall be owned by Party A. Party B shall be liable for all losses arising from termination of the Contract.
7.3 Where Party B fails to pay the management fee and other expenses for 30 days, then Party B shall be deemed as default. If one Should Party B still fail to make payment upon receipt of Party A’s written notice, then Party A shall have the right to terminate the Contract.
7.4 During the lease term, in the event that either Party A or Party B intends to terminate the Contract early, then Party A or Party B may give a notice to the other party breaches the contractin writing 2 months in advance, failure of which shall be deemed as default. In this case, the breaching party shall bear the liability for breach pay rentals of contract according 2 months to the contractnon-breaching party as liquidated damages.
2. If the product is delivered by Party A to Party B and 7.5 Where Party B fails to raise any objection return the plant in good conditions to the product quality within the acceptance periodParty A on time upon expiration of lease term, Party B shall not apply for return or replacement; If the product quality problems caused pay liquidated damages by Party B due to Party B's reasons or the intervention of a third party, which are not caused by the product itself, and caused by Party B's failure to raise any objection within the time limit since the date of acceptance, Party A can repair and rework the products, and Party B shall bear the rework service fee, material fee, processing fee, labor wages and other expenses incurred by Party A;
3. If the payment is not made in advance and then delivered, the ownership double of the goods stipulated in this agreement still belongs to Party A before Party B pays off rental under the payment, and Party A has the right to take back the goods at any time. Meanwhile, before this, Party B shall properly keep the goods and ensure that they are intact. If there is any damage, Party B shall compensate Party A according to the price of the goods agreed in the agreement. If the amount is not enough to make up for the losses, it shall also compensate Party A for all lossesoriginal contract per overdue day.
4. If Party B violates the agreement or refuses to perform the cooperation content during the cooperation period of this agreement, and refuses to perform or even withdraws from the cooperation after being urged by Party A, Party A has the right not to return the initial fee paid by Party B as a security deposit; At the same time, Party B shall cooperate with Party A to return all cooperation materials such as cooperation project materials and trademark product authorization documents, and compensate all economic losses suffered by Party A;
5. If Party B violates this agreement and causes losses to Party A, all expenses (including but not limited to attorney fees, legal fees, arbitration fees, announcement fees, preservation fees, guarantee fees, appraisal fees and auction evaluation fees) incurred by Party A for safeguarding its own legitimate rights and interests shall be borne by Party B;
6. If Party B cancels or changes the order without authorization, it shall pay 20% of the order price as liquidated damages and compensate Party A for all losses such as stocking, labor and profit.
Appears in 1 contract
Liability for Breach of Contract. 1. Party A and 7.1 Party B shall strictly perform guarantee the terms stipulated in quality of the agreementproducts and services provided by it. If one party breaches there are quality problems or other conditions that do not meet the requirements of this contract, the breaching party shall bear the liability for breach of contract according to the contract.
2. If the product is delivered by Party A to Party B and Party B fails to raise any objection to the product quality within the acceptance period, Party B shall not apply be responsible for return replacing or replacement; If improving them (the product quality problems caused by Party B due to Party B's reasons or the intervention of a third party, which are not caused by the product itself, and caused costs arising therefrom shall be borne by Party B's failure ).
7.2 Party B shall guarantee the quality of technical services such as product deployment and launch. If the acceptance is unqualified, Party B shall be responsible for rework or rectification for free, and shall be responsible for overdue completion, and the payment period of Party A shall be extended accordingly.
7.3 If Party A fails to raise any objection pay the contract price to Party B within the time limit since limit, it shall pay Party B [three ten thousand] of the date total contract amount as liquidated damages for each week of acceptancedelay. If it is less than one week, Party A can repair and rework the productsit shall be counted as one week, and the accumulated liquidated damages shall not exceed [five percent] of the total contract amount.
7.4 If the progress is affected by Party B’s responsibility, for each day of delay, Party B shall bear pay liquidated damages to Party A at the rework service fee, material fee, processing fee, labor wages and other expenses incurred by Party A;
3rate of 1% of the total contract amount. If the payment is not made in advance and then delivereddelay reaches 10 days, the ownership of the goods stipulated in this agreement still belongs to Party A before Party B pays off the payment, and Party A has the right to take back terminate the goods at any timecontract. Meanwhile, before thisIn addition to returning the amount paid by Party A, Party B shall properly keep also pay liquidated damages to Party A at the goods rate of 20% of the total contract amount; If the progress is affected by force majeure or Party A’s reason, the construction period shall be postponed accordingly, and ensure Party B shall not be liable.
7.5 If Party B’s project or equipment and technical service materials have quality problems or do not conform to the project technical scheme, and cannot be reworked or rectified on schedule, resulting in delay in the construction period and even causing Party A’s relevant liability for compensation, Party A may deduct the liquidated damages that they are intactParty A should bear from the unpaid contract price Compensation, various expenses paid by Party A due to urgent replacement of relevant parts or emergency maintenance, and reasonable expenses incurred due to claims, including lawyer’s fees. If there is any damagethese amounts are insufficient to compensate the claim amount, Party A has the right to propose compensation for the insufficient part to Party B.
7.6 During the warranty period, if Party B fails to provide services in a timely manner according to the provisions of the contract or fails to perform its warranty obligations, except for the force majeure reasons specified in the contract, for each delay, Party B shall pay 1% of the total contract price as liquidated damages. If the liquidated damages are not enough to compensate Party A’s losses, Party B shall compensate Party A according to for all the price of expenses paid for the goods agreed in repair and all the agreement. losses caused by the equipment use failure.
7.7 If the amount is project cannot enough be carried out normally due to make up for the lossesParty B’s reasons, it Party B shall also bear all responsibilities and consequences arising therefrom, and Party B shall compensate Party A and Party A’s customers for all losses.
4. If Party B violates the agreement or refuses to perform the cooperation content during the cooperation period of this agreement, and refuses to perform or even withdraws from the cooperation after being urged by Party A, Party A has the right not to return the initial fee paid by Party B as a security deposit; At the same time, Party B shall cooperate with Party A to return all cooperation materials such as cooperation project materials and trademark product authorization documents, and compensate all economic losses suffered by Party A;
5. If Party B violates this agreement and causes losses to Party A, all expenses (including but not limited to attorney fees, legal fees, arbitration fees, announcement fees, preservation fees, guarantee fees, appraisal fees and auction evaluation fees) incurred by Party A for safeguarding its own legitimate rights and interests shall be borne by Party B;
6. If Party B cancels or changes the order without authorization, it shall pay 20% of the order price as liquidated damages and compensate Party A for all losses such as stocking, labor and profit.
Appears in 1 contract
Liability for Breach of Contract. 1. If Party A and/or Party B obtain the information, conditions and opportunities about the Premises from Party C and then conclude a transaction privately or through a third party and sign relevant documents, Party A and Party B shall strictly perform the terms stipulated in the agreement. If one party breaches the contract, the breaching party shall bear the liability be liable for breach of contract according contract; Party C may require Party A and Party B to pay the contractfull amount of the intermediary service fee set forth herein.
2. If the product Party that is delivered obliged to pay the intermediary service fee fails to pay the intermediary service fee as stipulated in Article 2 hereof or a separate agreement made by and among the Parties, in addition to the intermediary service fee payable to Party C, for each day of delay in payment of the intermediary service fee, the delinquent Party shall pay a penalty to Party C at a rate of 0.5% of the intermediary service fee.
3. During the intermediary services, if the documents and materials provided by Party A and Party B are lost for reasons attributable to Party B and Party B fails to raise any objection to the product quality within the acceptance periodC’s careless omission at work, Party B shall not apply for return or replacement; If the product quality problems caused by Party B due to Party B's reasons or the intervention of a third party, which are not caused by the product itself, and caused by Party B's failure to raise any objection within the time limit since the date of acceptance, Party A can repair and rework the products, and Party B C shall bear the rework charges for resubmission of complete documents and materials and compensate for all the losses caused thereby. If Party C violates Article 3 hereof, Party C shall be liable for breach of contract. If Party A or Party B violates Article 3 hereof and Party C accordingly cannot continue the performance of its obligations hereunder, Party C shall assume no responsibility and may charge the intermediary service fee, material fee, processing fee, labor wages and other expenses incurred by Party A;
3fee stipulated herein. If the payment intermediary service fee is not made in advance and then deliveredpaid by the observant Party, the ownership of the goods stipulated in this agreement still belongs to observant Party A before Party B pays off the payment, and Party A has the right to take back the goods at any time. Meanwhile, before this, Party B shall properly keep the goods and ensure that they are intact. If there is any damage, Party B shall compensate Party A according to the price of the goods agreed in the agreement. If the amount is not enough to make up may claim compensation for the losses, it shall also compensate Party A for all lossesintermediary service fee from the delinquent Party.
4. If Party B violates the agreement A or refuses to perform the cooperation content during the cooperation period of this agreement, and refuses to perform or even withdraws from the cooperation after being urged by Party A, Party A has the right not to return the initial fee paid by Party B as a security deposit; At delays the same time, Party B shall completion of or refuse to cooperate with Party A to return all cooperation materials such as cooperation project materials procedures in the transaction and trademark product authorization documents, and compensate all economic losses suffered by Party A;
5. If Party B violates this agreement and accordingly causes losses to the other Party, the Party Ashall bear the liability of compensation; unless otherwise provided herein, all expenses (including but not limited to attorney fees, legal fees, arbitration fees, announcement fees, preservation fees, guarantee fees, appraisal fees and auction evaluation fees) incurred by neither Party A for safeguarding its own legitimate rights and interests shall be borne by Party B;
6. If nor Party B cancels may terminate or changes alter the order Contract without authorization, it shall pay 20% of the order price as liquidated damages and compensate Party A for all losses such as stocking, labor and profit.
Appears in 1 contract
Samples: Sale Contract for Commercial Housing (Tarena International, Inc.)
Liability for Breach of Contract. 1. 8.1 The Parties acknowledge and agree that if any Party A violates any representation, warranty, obligation and Party B shall strictly perform the terms undertaking hereunder, unless otherwise stipulated in the agreement. If one party breaches the contractherein, the breaching party Party shall bear compensate the non-breaching Parties for all the losses caused thereby, and when such violation severely influences the non-breaching Parties’ realization of the purpose of signing the Agreement, the non-breaching Parties shall have the right to unilaterally cancel the Agreement in advance without assuming any liability for breach of contract incurred thereby.
8.2 The Parties acknowledge and agree that if Party B’s performance in any quarter fails to reach the assessment requirement for the Subject Apartments mentioned in Appendix 3 Assessment Criteria of Contracting Performance, Party A shall have the right to deduct the Service Fee according to Appendix 3 Assessment Criteria of Contracting Performance and require Party B to make compensation (if the contractService Fee is not enough). The Parties further acknowledge and agree that if Party B’s performance fails to reach the standard, Party A shall have the right to unilaterally rescind the Agreement in advance by giving a ten (10) working days’ written notice and regain all the Contracted Apartments, without assuming any liability for breach of contract incurred thereby or paying the remaining Service Fee for the Contracting Term. For the avoidance of doubt, even if Party A rescinds the Agreement in advance according to this Article 8.2, it shall also pay Party B the Service Fee that has been incurred as of the date of terminating the Agreement.
28.3 The Parties acknowledge and agree that if Party A fails to pay Party B the Service Fee, reward or other payables within the term as agreed herein, then for each day overdue, Party A shall pay Party B the liquidated damages, i.e. 5‰ of the payables. If the product is delivered by Party A to Party B and Party B fails to raise any objection to delays paying the product quality within the acceptance periodService Fee for three (3) times accumulatively, Party B shall not apply for return or replacement; If the product quality problems caused by Party B due to Party B's reasons or the intervention of a third party, which are not caused by the product itself, and caused by Party B's failure to raise any objection within the time limit since the date of acceptance, Party A can repair and rework the products, and Party B shall bear the rework service fee, material fee, processing fee, labor wages and other expenses incurred by Party A;
3. If the payment is not made in advance and then delivered, the ownership of the goods stipulated in this agreement still belongs to Party A before Party B pays off the payment, and Party A has have the right to take back unilaterally rescind the goods at Agreement in advance, without assuming any time. Meanwhile, before this, Party B shall properly keep the goods and ensure that they are intact. If there is any damage, Party B shall compensate Party A according to the price liability for breach of the goods agreed in the agreement. If the amount is not enough to make up for the losses, it shall also compensate Party A for all lossescontract incurred thereby.
4. If Party B violates the agreement or refuses to perform the cooperation content during the cooperation period of this agreement, and refuses to perform or even withdraws from the cooperation after being urged by Party A, Party A has the right not to return the initial fee paid by Party B as a security deposit; At the same time, Party B shall cooperate with Party A to return all cooperation materials such as cooperation project materials and trademark product authorization documents, and compensate all economic losses suffered by Party A;
5. If Party B violates this agreement and causes losses to Party A, all expenses (including but not limited to attorney fees, legal fees, arbitration fees, announcement fees, preservation fees, guarantee fees, appraisal fees and auction evaluation fees) incurred by Party A for safeguarding its own legitimate rights and interests shall be borne by Party B;
6. If Party B cancels or changes the order without authorization, it shall pay 20% of the order price as liquidated damages and compensate Party A for all losses such as stocking, labor and profit.
Appears in 1 contract
Samples: Contracted Operation Agreement (Q&K INTERNATIONAL GROUP LTD)
Liability for Breach of Contract. (1) If Party A has the following behaviors, Party B can unilaterally terminate the agreement, Party A settles the relevant expenses, takes back the house, and refunds the remaining rent to Party B (if the lease period is less than one month, the rent will be calculated as one month) and the remaining deposit (none interest):
1. Except for force majeure, the delay of delivery for 7 days or more;
2. Refusal to undertake maintenance obligations, causing Party B to be unable to use the house normally.
(2) If Party B has the following circumstances, Party A has the right to unilaterally terminate this agreement, take back the leased house, and deduct one month’s rent from Party B’s deposit as liquidated damages. After Party B has settled the relevant expenses, Party B will refund the remaining rent paid (if the lease period is less than one month, the rent will be calculated as one month) and the remaining deposit (interest-free), if the liquidated damages are not enough to compensate Party A for the losses suffered , Then Party B shall additionally compensate for all losses caused to Party A. If Party B’s actions result in Party A being punished by the relevant administrative agency, Party A can continue to claim compensation from Party B:
1. Providing false information when registering the “Leasing Client Information Form”;
2. Failure to pay rent as agreed for 3 days;
3. The total amount of arrears exceeds 300 yuan or is delayed by 5 working days;
4. Changing the purpose of the house without authorization;
5. Change the structure of the house without authorization or damage the main structure of the house;
6. Inappropriate storage or unreasonable use causes damage to or loss of house accessories, equipment and facilities, and refuses to compensate;
7. Subletting the house to others without authorization;
8. The number of residents during the lease period exceeds the agreed number;
9. Interfering with other people’s normal life (including but not limited to causing written complaints from neighbors, neighborhood committees, or police station coordination) due to disturbance to the people, lack of hygiene, keeping pets, etc.;
10. Using rented houses to engage in illegal activities or harm public interests.
11. Concealing, underreporting, or falsely reporting one’s own infectious diseases or hidden diseases;
(3) In the event of other statutory termination of the agreement or otherwise agreed by both parties, it shall be implemented in accordance with relevant laws and regulations or the agreement between the parties.
(4) After the occurrence of the above-mentioned Article 5(2), Party A shall send a notice of agreement cancellation to Party B, and Party B shall strictly perform vacate the terms stipulated house from Party A within 3 days after receiving the notice of agreement cancellation by Party A. If Party B exceeds the vacancy The clothing, luggage and other items left in the agreement. If one party breaches rental house during the contract, the breaching party shall bear the liability for breach of contract according refund period are deemed to the contract.
2. If the product is delivered be discarded by Party A to Party B and Party B fails to raise any objection to the product quality within the acceptance period, Party B shall not apply for return or replacement; If the product quality problems caused by Party B due to Party B's reasons or the intervention of a third party, which are not caused by the product itself, and caused by Party B's failure to raise any objection within the time limit since the date of acceptance, B. Party A can repair and rework the productsdispose of it by itself, and Party B shall bear the rework service fee, material fee, processing fee, labor wages and other expenses costs incurred by Party A;
3. If due to the payment is not made in advance and then delivered, the ownership of the goods stipulated in this agreement still belongs to Party A before Party B pays off the paymentdisposal, and Party A has the right to take back directly deduct the goods at any timeamount due to Party B. . Meanwhile, before this, Party A will notify Party B shall properly keep the goods and ensure that they are intact. If there is in any damage, Party B shall compensate Party A according to the price of the goods agreed in the agreement. If the amount is not enough to make up for the losses, it shall also compensate Party A for all losses.
4following ways. If Party B violates the agreement or refuses ignores it, it will be deemed that Party B has agreed to perform the cooperation content during the cooperation period of terminate this agreement:
(5) If the defaulting party has one of the following circumstances, the defaulting party shall pay the observing party a liquidated damage of RXX 00 per day overdue, and refuses to perform or even withdraws from compensate the cooperation after being urged by Party A, observing party for the losses suffered as a result:
1. Party A has fails to deliver the right not house according to return the initial fee paid agreed time;
2. Party B fails to pay the rent, service fees and other expenses that should be borne by Party B as a security deposit; At agreed in this agreement, but fails to meet the same time, Party B shall cooperate with Party A to return all cooperation materials such as cooperation project materials and trademark product authorization documents, and compensate all economic losses suffered by Party Aconditions for termination of the agreement;
53. If Party B violates this agreement occupies the public area at will and causes losses places personal items in a random manner, it refuses to rectify after receiving Party A, all expenses ’s written notice (including but not limited to attorney feesemail, legal feesSMS, arbitration feesWeChat, announcement feesQQ, preservation fees, guarantee fees, appraisal fees and auction evaluation feesetc.).
(6) incurred by If Party A for safeguarding its own legitimate rights and interests shall be borne by Party B;
6. If Party B cancels or changes the order without authorizationunilaterally terminates this agreement, it shall pay 20% of the order price as Party B liquidated damages according to the amount of deposit paid by Party B, and compensate the rent and various expenses shall be settled to the day when the house is returned to Party A.
(7) If Party B unilaterally terminates this agreement, the paid deposit and liquidated damages will not be refunded, and the rent and various expenses shall be settled to the day when the house is returned to Party A.
(8) If Party B fails to return the house to Party A in accordance with this agreement, Party A shall pay the house rent to Party A at double the current rent standard for all losses such as stocking, labor and profit.every day’s overdue. SHENZHEN TOP BULL APARTMENT MANAGEMENT CX.XXX
Appears in 1 contract
Liability for Breach of Contract. 110.1 If Party A may not deliver the qualified product to Party B on time and in high quality, other than continuously perform the contract, Party A also should assume the liability for breach of contract. If it is caused Party B’s losses by Party A’s breach of contract (including Party B is claimed by the customer), it is compensated by Party A through both Party A and Party B’s negotiation and confirmation.
10.2 If the aforesaid product is damaged within five years since the factory delivery date (not including the artificial damage or gross negligence), and the losses caused by the unqualified product are exceeded for 2%, it is assumed by Party A, including manual and material expenses of lamps change and installation, transportation and maintenance. The penalty or compensation, litigation costs paid to the customer by Party B shall strictly perform the terms stipulated in the agreement. If one party breaches the because of breach of contract, and the breaching party anticipated profit may be acquired by Party B base on the contract signed with the customer should be compensated by Party A, through both Party A and Party B’s coordination and confirmation.
10.3 Party A should guarantee to only provide the aforesaid product for Party B. Without Party B’s consent, Party A shall bear not sell the aforesaid product in Chinese market, and also shall not entrust other parties to produce/ sell the aforesaid product. Otherwise, Party A will assume the liability for breach of contract according to the contractand compensation liability.
2. 10.4 If the product is delivered by Party A to Party B may not perform its stipulation in accordance with the aforesaid terms and Party B fails to raise any objection to the product quality within the acceptance period, Party B shall not apply for return or replacement; If the product quality problems caused by Party B due to Party B's reasons or the intervention of a third party, which are not caused by the product itself, and caused by Party B's failure to raise any objection within the time limit since the date of acceptancerules, Party A can repair and rework is entitled to investigate Party B’s liability for breach of contract or compensation liability (including the products, and Party B shall bear the rework service fee, material fee, processing fee, labor wages and other expenses incurred materials prepared by suppliers which has been required by Party A;)
3. If 11.1 For Party B’s intellectual property and business secret involved in the payment is not made in advance and then deliveredaforesaid product, the ownership of the goods stipulated in this agreement still belongs to Party A before should be confidential and may not disclosure to any third party without Party B pays off B’s consent, to sue or permit others to use the payment, and Party A has the right to take back the goods at any time. Meanwhile, before this, Party B shall properly keep the goods and ensure that they are intact. If there is any damage, Party B shall compensate Party A according to the price of the goods agreed in the agreement. If the amount is not enough to make up for the losses, it shall also compensate Party A for all losses.
4. If Party B violates the agreement or refuses to perform the cooperation content during the cooperation period of this agreement, and refuses to perform or even withdraws from the cooperation after being urged business secret grasped by Party A, other than it should be disclosed to the national authorities in accordance with the legal rules and regulations.
11.2 Party V should be confidential for Party A’s intellectual property right and business secret acquired in the performance of the contract to any third party.
11.3 During signing and performance period of this contract, both Party A has and Party B should be confidential for the intellectual property right and business secret relevant in the contract to any third party, and the participated third party (such as raw material supplier, etc) should assume the same confidential obligation because of implementation of contract in accordance with the requirement, and this obligation will not extinguished or exempted because of the cancellation or termination of contract until the aforesaid business secret became public.
11.4 The business secret in this term means al the exclusive, secret or confidential technical information and business information, including verbal or written information, software, data, drawing, program, original program, technology, analysis, information summary and preparation, research and other information sent to return each party, of which technical information includes but not limited in technical scheme, engineering, circuit design, manufacturing method, formula, technical process, technical index and computer software, database, technical report of R&B probability, testing report, experimental data, inspection report, blueprint, sample, sample machine, mode, mould, operation manual, correspondence relevant to technical files, etc. Business information includes but not limited in customers’ name list, management decision, production and marketing strategy, marketing planning, purchase information, pricing policy, financial information, inbound channel, tender in a bid and tender content, etc. The aforesaid information also includes the initial fee paid information acquired by Party A from Party B, or the information acquired by Party B as a security deposit; At from Party Am and the same time, Party B shall cooperate with Party A to return all cooperation materials such as cooperation project materials information collected and trademark product authorization documents, and compensate all economic losses suffered by Party A;
5. If Party B violates this agreement and causes losses to Party A, all expenses (including but not limited to attorney fees, legal fees, arbitration fees, announcement fees, preservation fees, guarantee fees, appraisal fees and auction evaluation fees) incurred prepared by Party A base on the aforesaid relevant information during cooperation.
11.5 If Party A and Party A’s staffs who have contacted this project, and Party A’s supplier, etc may not be confidential to both parties’ business and technical secret of this project, or disclosure business and technical secret relevant to this project to any third party, Party A should take measures on time, to prevent from expanding the influence, as well Party A should coordinate Party B to claim for safeguarding its own legitimate rights and interests shall be borne by Party B;
6the third party’s compensation. XII Dispute Settlement If the contract is arisen dispute when implement, both contractual parties should first negotiate. If Party B cancels or changes the order without authorizationit may not negotiate, it shall pay 20% may be settled through action in Shenzhen people’s court with jurisdiction. XIII Modification During the implementation of contract, if it may not perform or it is required to alter for some causes, it will be valid if both parties consent to make another written contract. XIV Enter into Force The contract is entered in to force since the order price as liquidated damages date both parties affixed a seal. The contract is in duplicate, and compensate Party A each party holds an original with equally legal effect. XV The effective period of contract is for all losses such as stocking, labor and profit8 years since the signature date of contract.
Appears in 1 contract
Samples: Joint Development, Customization and Equity Allocation Contract (Greenpower International Group LTD)
Liability for Breach of Contract. 1. Party A and Party B shall strictly perform the terms stipulated in the agreement. If one Should either party breaches the contractfails to make delivery or payment on time, the breaching party shall bear the liability for breach of contract according pay a penalty to the contractnon-breaching party of **** per day of the value of the delayed products or the amount of the overdue payment.
2. If the product is delivered by Party A to Party B and Party B fails to raise any objection to the product quality within the acceptance period, Party B shall not apply for return breaches or replacement; If the product quality problems caused by Party B due to Party B's reasons or the intervention of a third party, which are not caused by the product itself, and caused by Party B's failure to raise any objection within the time limit since the date of acceptance, Party A can repair and rework the products, and Party B shall bear the rework service fee, material fee, processing fee, labor wages and other expenses incurred by Party A;
3. If the payment is not made in advance and then delivered, the ownership of the goods stipulated in unilaterally repudiates this agreement still belongs to Party A before Party B pays off the payment, and Party A has the right to take back the goods at any time. Meanwhile, before this, Party B shall properly keep the goods and ensure that they are intact. If there is any damageContract, Party B shall compensate Party A for Party A’s economic losses, which is a fixed mount of ****. If Party A breaches this Contract or fails to deliver products as required by this Contract, Party A shall compensate Party B for Party B’s economic losses, which is a fixed amount of RMB****. **** Confidential material omitted and filed separately with the Commission.
3. If Party A and Party B terminate this Contract upon consensus through amicable negotiation, Party A shall refund to Party B the unused balance of the prepayment (free of interest) within **** working days. If Party A fails to refund on time, Party A shall pay **** per day of the amount due to Party B as a penalty.
4. If any breaches by Party B occur, Party B shall pay Party A a penalty according to the price of following terms: If Party B breaches or unilaterally repudiates this Contract, Party A may refuse to refund the goods agreed in the agreement. If the amount is not enough to make up for the losses, it prepayment made by Party B. Party B shall also compensate Party A for all losses.
4. If Party B violates the agreement or refuses to perform the cooperation content during the cooperation period of this agreement, and refuses to perform or even withdraws from the cooperation after being urged by Party A, Party A has the right not to return the initial fee paid by Party B as a security deposit; At the same time, Party B shall cooperate with Party A to return all cooperation materials such as cooperation project materials and trademark product authorization documents, and compensate all economic losses suffered by resulting from Party A;B’s non-performance.
5. If Party B violates this agreement and causes losses to Party A, all expenses (including but not limited to attorney fees, legal fees, arbitration fees, announcement fees, preservation fees, guarantee fees, appraisal fees and auction evaluation fees) incurred any breaches by Party A occur, Party A shall pay Party B a penalty according to the following terms: If Party A breaches this Contract or fails to deliver products as required by this Contract, Party A shall refund the prepayment (free of interest) to Party B within **** working days and also compensate Party B for safeguarding its own legitimate rights and interests shall be borne by economic losses resulting from Party B;
6A’s non-delivery of products. If Party A fails to refund the prepayment on time, Party A is liable to Party B cancels or changes the order without authorization, it shall pay 20% for a penalty of **** per day of the order price as liquidated damages and compensate Party A for all losses such as stocking, labor and profitprepayment.
Appears in 1 contract
Liability for Breach of Contract. 1. 7.1 Any Party A and Party B shall strictly perform the terms stipulated in the agreement. If one party breaches the contract, the breaching party shall bear the liability to this Agreement is liable for breach of contract according in accordance with the applicable law.
7.2 Party B understands that, in view of the special nature of computers and the Internet, the following circumstances do not constitute a breach of contract by Party A.
i) Party A needs to interrupt the Service for a short period of time while performing server configuration and maintenance.
ii) The speed of Party B's access is reduced due to blockage of access on the Internet.
iii) In no event shall Party A be liable for any indirect, consequential, exemplary, incidental, special or other damages.
7.3 In the event any breach by Party B, BITMAIN shall, at its sole and absolute discretion, be entitled to: (a) charge default interest on all unpaid amount, at the rate of ([Redacted]%) per annum; and (b) continue to perform its obligations with respect to the contract.
2sale of the Products, provided that, in each case, any and all the costs, expenses, losses, claims, damages or liabilities of any kind or nature that BITMAIN may suffer shall be fully indemnified by the Purchaser. If the product is delivered by (c) if, due to Party A to B’s breach of Clause 2.1, Party B and its Local Entities failed to sign the SPA as Exhibit A, claim Compensation as stipulated in Clause 2.4 from Party B fails and this Compensation may be settled on such date mutually agreed by the Parties by Party B through, but not limited to, the following methods: BITMAIN offsetting the Compensation against payments already made by Party B, or Party B returning any mining rewards held with third parties to raise any objection BITMAIN.
7.4 Notwithstanding anything herein to the product quality within contrary, in all places where this Agreement provides that a payment by Party B is to be made in such manner as be mutually agreed in writing by the acceptance periodParties, Party B shall not apply for return or replacement; If the product quality problems caused by Party B due have no obligation whatsoever under this Agreement to Party B's reasons or the intervention of a third partymake such payment unless and until such mutual agreement has been reached, which are not caused by the product itself, and caused by Party B's failure to raise any objection within the time limit since the date of acceptance, Party A can repair and rework the products, and provided that Party B shall bear the rework service fee, material fee, processing fee, labor wages and other expenses incurred by Party A;
3. If the payment is not made in advance and then delivered, the ownership of the goods stipulated in this agreement still belongs to Party A before Party B pays off the payment, and Party A has have the right to take back the goods make such payment (in full or in part) at any time. Meanwhile, before this, Party B shall properly keep the goods and ensure that they are intact. If there is any damage, Party B shall compensate Party A according time prior to the price of the goods agreed in the agreement. If the amount is not enough to make up for the losses, it shall also compensate Party A for all lossessuch mutual agreement having been reached.
4. If Party B violates the agreement or refuses to perform the cooperation content during the cooperation period of this agreement, and refuses to perform or even withdraws from the cooperation after being urged by Party A, Party A has the right not to return the initial fee paid by Party B as a security deposit; At the same time, Party B shall cooperate with Party A to return all cooperation materials such as cooperation project materials and trademark product authorization documents, and compensate all economic losses suffered by Party A;
5. If Party B violates this agreement and causes losses to Party A, all expenses (including but not limited to attorney fees, legal fees, arbitration fees, announcement fees, preservation fees, guarantee fees, appraisal fees and auction evaluation fees) incurred by Party A for safeguarding its own legitimate rights and interests shall be borne by Party B;
6. If Party B cancels or changes the order without authorization, it shall pay 20% of the order price as liquidated damages and compensate Party A for all losses such as stocking, labor and profit.
Appears in 1 contract
Samples: Framework Agreement (Cango Inc.)
Liability for Breach of Contract. 15.1 Neither party may modify or rescind the Contract as of the effective date of the Contract. Party A Unless otherwise stipulated by laws and Party B the Contract, rescission of and modification to the Contract shall strictly perform be subject to the terms stipulated negotiation between the Parties and specified in the agreement. If one party breaches the contracta supplemental agreement in accordance with laws; otherwise, it constitutes a default, and the breaching party shall bear the liability for breach of contract according pay to the contractother party 20% of the contract amount in respect of the unperformed part as liquidated damages.
2. If the product is delivered by 5.2 Unless otherwise stipulated herein, Party B’s overdue payment shall entitle Party A to stop broadcasting Party B’s advertisements and performing other obligations hereunder; in addition, Party A shall have the right to claim against Party B and for the penalty of overdue payment at the daily rate of 0.5‰ of the total outstanding amount. Where Party B fails to raise any objection make payment within 15 days, Party A shall have the right to rescind the product quality within Contract at its own discretion and not to refund the acceptance periodperformance bond to Party B.
5.3 Party B agrees that Party A may deduct the advertising broadcasting fee, penalty, liquidated damages and compensations for overdue payment directly from the performance bond paid by Party B. In such case, Party B shall not apply for return or replacement; If make up the product quality problems caused by balance of the performance bond within ten (10) days after Party A’s deduction. Where Party B due fails to Party B's reasons or make up the intervention of a third party, which are not caused by the product itself, and caused by Party B's failure to raise any objection within the time limit since the date of acceptancebalance on schedule, Party A can repair and rework the products, and Party B shall bear the rework service fee, material fee, processing fee, labor wages and other expenses incurred by Party A;
3. If the payment is not made in advance and then delivered, the ownership of the goods stipulated in this agreement still belongs to Party A before Party B pays off the payment, and Party A has have the right to take back measures according to the goods at any timeforesaid clause.
5.4 Party B’s failure to pay the Contract Value in full shall entitle Party A to deduct the outstanding part of the Contract Value from the performance bond. MeanwhileWhere the performance bond is insufficient to deduct the outstanding part of the Contract Value, before this, Party A shall be entitled to further recourse against Party B.
5.5 Party B shall properly keep the goods be responsible for any and ensure that they are intact. If there is any damage, Party B shall compensate Party A according to the price of the goods agreed in the agreement. If the amount is not enough to make up for the losses, it shall also compensate Party A all disputes arising from its own advertisements and for all lossesfinal economic and legal liabilities concerned.
4. If Party B violates the agreement or refuses to perform the cooperation content during the cooperation period of this agreement, and refuses to perform or even withdraws from the cooperation after being urged by Party A, Party A has the right not to return the initial fee paid by Party B as a security deposit; At the same time, Party B shall cooperate with Party A to return all cooperation materials such as cooperation project materials and trademark product authorization documents, and compensate all economic losses suffered by Party A;
5. If Party B violates this agreement and causes losses to Party A, all expenses (including but not limited to attorney fees, legal fees, arbitration fees, announcement fees, preservation fees, guarantee fees, appraisal fees and auction evaluation fees) incurred by Party A for safeguarding its own legitimate rights and interests shall be borne by Party B;
6. If Party B cancels or changes the order without authorization, it shall pay 20% of the order price as liquidated damages and compensate Party A for all losses such as stocking, labor and profit.
Appears in 1 contract
Liability for Breach of Contract. 1. Party A and Party B shall strictly perform the terms stipulated in the agreement. If one Should either party breaches the contractfails to make delivery or payment on time, the breaching party shall bear the liability for breach of contract according pay a penalty to the contract.non-breaching party of **** per day of the value of the delayed products or the amount of the overdue payment. **** Confidential material omitted and filed separately with the Commission
2. If the product is delivered by Party A to Party B and Party B fails to raise any objection to the product quality within the acceptance period, Party B shall not apply for return breaches or replacement; If the product quality problems caused by Party B due to Party B's reasons or the intervention of a third party, which are not caused by the product itself, and caused by Party B's failure to raise any objection within the time limit since the date of acceptance, Party A can repair and rework the products, and Party B shall bear the rework service fee, material fee, processing fee, labor wages and other expenses incurred by Party A;
3. If the payment is not made in advance and then delivered, the ownership of the goods stipulated in unilaterally repudiates this agreement still belongs to Party A before Party B pays off the payment, and Party A has the right to take back the goods at any time. Meanwhile, before this, Party B shall properly keep the goods and ensure that they are intact. If there is any damageContract, Party B shall compensate Party A for Party A’s economic losses, which is a fixed mount of RMB****. If Party A breaches this Contract or fails to deliver products as required by this Contract, Party A shall compensate Party B for Party B’s economic losses, which is a fixed amount of ****.
3. If Party A and Party B terminate this Contract upon consensus through amicable negotiation, Party A shall refund to Party B the unused balance of the prepayment (free of interest) within **** working days. If Party A fails to refund on time, Party A shall pay **** per day of the amount due to Party B as a penalty.
4. If any breaches by Party B occur, Party B shall pay Party A a penalty according to the price of following terms: If Party B breaches or unilaterally repudiates this Contract, Party A may refuse to refund the goods agreed in the agreement. If the amount is not enough to make up for the losses, it prepayment made by Party B. Party B shall also compensate Party A for all losses.
4. If Party B violates the agreement or refuses to perform the cooperation content during the cooperation period of this agreement, and refuses to perform or even withdraws from the cooperation after being urged by Party A, Party A has the right not to return the initial fee paid by Party B as a security deposit; At the same time, Party B shall cooperate with Party A to return all cooperation materials such as cooperation project materials and trademark product authorization documents, and compensate all economic losses suffered by resulting from Party A;B’s non-performance.
5. If Party B violates this agreement and causes losses to Party A, all expenses (including but not limited to attorney fees, legal fees, arbitration fees, announcement fees, preservation fees, guarantee fees, appraisal fees and auction evaluation fees) incurred any breaches by Party A occur, Party A shall pay Party B a penalty according to the following terms: If Party A breaches this Contract or fails to deliver products as required by this Contract, Party A shall refund the prepayment (free of interest) to Party B within **** working days and also compensate Party B for safeguarding its own legitimate rights and interests shall be borne by economic losses resulting from Party B;
6A’s non-delivery of products. If Party A fails to refund the prepayment on time, Party A is liable to Party B cancels or changes the order without authorization, it shall pay 20% for a penalty of **** per day of the order price as liquidated damages and compensate Party A for all losses such as stocking, labor and profitprepayment.
Appears in 1 contract
Liability for Breach of Contract. 1. 9.1 If Party A and B delays in paying the transfer price, Party B shall strictly perform pay liquidated damages to Party A in an amount equal to 5‰ of the terms stipulated in the agreementoverdue amount of purchase price for each day of delay. If one party breaches the contract, the breaching party shall bear the liability for breach of contract according to the contract.
2. If the product is delivered by Party A to Party B and Party B fails to raise any objection to make full payment of the product quality transfer price within 30 days of the acceptance period, Party B shall not apply for return or replacement; If the product quality problems caused by Party B due to Party B's reasons or the intervention receipt of a third party, which are not caused by the product itself, and caused by Party B's failure to raise any objection within the time limit since the date reminder of acceptancelate payment, Party A can repair and rework shall be entitled to terminate this Contract, request Party B to bear its liability for breach by paying 30% of the productstransfer price under this Contract, and request Party B shall bear the rework service fee, material fee, processing fee, labor wages and other expenses incurred by Party A;
3. If the payment is not made in advance and then delivered, the ownership of the goods stipulated in this agreement still belongs to Party A before Party B pays off the payment, and Party A has the right to take back the goods at any time. Meanwhile, before this, Party B shall properly keep the goods and ensure that they are intact. If there is any damage, Party B shall compensate Party A according to the price of the goods agreed in the agreement. If the amount is not enough to make up for the losses, it shall also compensate Party A for all its losses.
49.2 If either Party delays in cooperating with the other Party in closing the assets transaction or delivering the assets, the breaching Party shall pay liquidated damages to the non-breaching Party in an amount equal to 5‰ of the transfer price for each day of delay. If the breaching Party B violates fails to cooperate with the agreement non-breaching Party in closing the assets transaction within 30 days of the receipt of a reminder, the non-breaching Party shall be entitled to terminate this Contract and request the breaching Party to compensate the non-breaching Party for its losses.
9.3 If either Party hereto breaches any obligation or refuses responsibility set forth in this Contract, which causes any loss to perform the cooperation content during other Party, the cooperation period breaching Party shall be liable to compensate the non-breaching Party; if the purposes of this agreementContract cannot be effected due to any material adverse effect of the breaching Party’s breach on the transferred assets or the transferor, and refuses to perform or even withdraws from the cooperation after being urged by non-breaching Party A, Party A has the right not to return the initial fee paid by Party B as a security deposit; At the same time, Party B shall cooperate with Party A to return all cooperation materials such as cooperation project materials and trademark product authorization documents, and compensate all economic losses suffered by Party A;
5. If Party B violates this agreement and causes losses to Party A, all expenses (including but not limited to attorney fees, legal fees, arbitration fees, announcement fees, preservation fees, guarantee fees, appraisal fees and auction evaluation fees) incurred by Party A for safeguarding its own legitimate rights and interests shall be borne by entitled to terminate this Contract and request the breaching Party B;
6. If to compensate the non-breaching Party B cancels or changes the order without authorization, it shall pay 20% of the order price as liquidated damages and compensate Party A for all losses such as stocking, labor and profitits losses.
Appears in 1 contract
Liability for Breach of Contract. 1. Article 63 If Party A and Party B shall strictly perform fail to obtain internal authorization to execute and fulfill the terms stipulated in Contract, or, the agreement. If execution and fulfillment of the Contract contradicts with or contravenes articles of association, government authorization or approval, or due to something one party breaches the contractshall take blame for, the Contract is invalidated, becomes impossible to be fulfilled or fully fulfilled, such party shall be deemed to have breached the Contract. The breaching party shall bear pay the liability for breach abiding party 1% of contract according to the contractEquity Interest Transfer Price as penalty.
2. Article 64 If the product is delivered significant issues related to Party A but not disclosed by Party A to before this Contract is executed, causes the equity interest transfer and Phase II construction of the Carborundum Project impossible, then Party B is entitled to terminate this Contract. Party A shall return the equity interest of the Object Company transferred according to this Contract and shall also compensate Party B fails to raise any objection to for the product quality within total loss resulted from the acceptance period, Party B shall not apply for return or replacement; execution and performance of this Contract.
Article 65 If the product quality problems caused by Party B due to Party B's reasons , before this Contract is executed, has not disclosed the facts which may impact the legal existence of the Object Company and the Carborundum Project, thus the legal existence of the Object Company or the intervention of a third party, which are not caused by Carborundum Project is seriously impacted after the product itself, and caused by Party B's failure to raise any objection within the time limit since the date of acceptanceEquity Interest Transfer is completed, Party A can repair and rework the products, is entitled to terminate this Contract and Party B shall bear immediately repay all payments received as per the rework service fee, material fee, processing fee, labor wages and other expenses incurred by Contract. Party A;
3. If the payment is not made in advance and then delivered, the ownership of the goods stipulated in this agreement still belongs to B shall also compensate Party A before for the total loss resulted from the execution and performance of this Contract.
Article 66 In case that Party A does not perform any of its obligations under this Contract, and this non-performance has a significant adverse impact on the construction of Carborundum Project Phase II, in addition, Party A does not eliminate the adverse effect or fulfill the compensation obligation, Party B pays off has the paymentright to terminate this Contract. Then Party A shall compensate Party B for its loss resulting from the execution and performance of this Contract.
Article 67 If Party B does not perform any of its obligations under this Contract, and this non-performance has a significant adverse impact on the Object Company after closing date, in addition, Party B does not eliminate the adverse effect or fulfill the compensation obligation, Party A has the right to take back the goods at any timeterminate this Contract. Meanwhile, before this, Then Party B shall properly keep repay all payments received as per the goods and ensure that they are intactContract. If there is any damage, Party B shall compensate Party A according to the price of the goods agreed in the agreement. If the amount is not enough to make up for the losses, it shall also compensate Party A for all lossesthe total loss resulted from the execution and performance of this Contract.
4Article 68 During the period from the Contract execution date to the closing date of the equity interest, if Party B commits any act which hxxxx the assets, rights and interests of the Object Company, it shall constitute a breach of the Contract. Party B shall be liable to make compensation to Party A or the Object Company for any damages arising from the breach of the Contract.
Article 69 If Party A does not make the payment of equity interest transfer price according to the deadline as agreed, for each day delay, Party A shall pay 0.5‰ of the delayed amount as late payment fee.
Article 70 If either Party A or Party B violates the agreement obligations under the Contract or refuses the representations and statements are false, or the guarantee responsibilities are not fulfilled, it shall constitute a breach of contract. If the penalty as agreed is not sufficient to perform cover the cooperation content during the cooperation period of this agreement, and refuses to perform or even withdraws from the cooperation after being urged by Party A, Party A has the right not to return the initial fee paid by Party B as a security deposit; At the same time, Party B shall cooperate with Party A to return all cooperation materials such as cooperation project materials and trademark product authorization documents, and compensate all economic financial losses suffered by Party A;
5. If Party B violates this agreement the abiding party in executing and causes fulfilling the Contract, the breaching party shall make up the losses to Party A, all expenses (including but not limited to attorney fees, legal fees, arbitration fees, announcement fees, preservation fees, guarantee fees, appraisal fees and auction evaluation fees) incurred suffered by Party A for safeguarding its own legitimate rights and interests shall be borne by Party B;
6. If Party B cancels or changes the order without authorization, it shall pay 20% of the order price as liquidated damages and compensate Party A for all losses such as stocking, labor and profitobservant party.
Appears in 1 contract
Samples: Equity Interest Transfer Contract (Paragon Semitech USA, Inc.)
Liability for Breach of Contract. 112.1 Except major policy changes or force majeure (force majeure refers to an event that cannot be reasonably controlled, and is unforeseeable or unavoidable even it is foreseeable by both parties hereto, which obstructs, affects or delays any party’s performance of all or part of its obligations under this Contract. Party A and Party B shall strictly perform the terms stipulated Such events include but are not limited to natural disasters, wars, fires, riots or any other similar incidents that are considered force majeure in the agreement. If one accordance with commercial practice.), if either party breaches the contractthis Contract, the breaching party fails to perform or is negligent in performing this Contract, it shall bear the liability be deemed to be in breach of contract and shall be liable for breach of contract according to in accordance with the contractContract or the law.
2. 12.2 If the product is delivered by Party A to Party B and Party B fails to raise any objection to has one of the product quality within following circumstances during the acceptance periodterm of lease, Party B shall not apply for return or replacement; If has the product quality problems caused by Party B due right to Party B's reasons or terminate the intervention of a third partyContract in advance, which are not caused by control and recover the product itself, and caused by Party B's failure to raise any objection within the time limit since the date of acceptance, Party A can repair and rework the productsvehicle, and Party B shall bear give Party A _________days, so that it can settle the rework service feemonthly rent balance, material fee, processing fee, labor wages balance payment and other contractual payables. If Party A cannot pay all the above-mentioned expenses incurred to purchase the vehicle within the time specified by Party A;
3. If the payment is not made in advance and then deliveredB, the ownership of the goods stipulated in this agreement still belongs to Party A before Party B pays off the payment, and Party A has the right to take back dispose of the goods at any time. Meanwhilevehicle leased itself.
12.2.1 Any due monthly rent or balance payment or other expenses that are overdue for over ___________days;
12.2.2 Party A fails to purchase insurance in full in accordance with the Contract for the vehicle leased and still fails to purchase it in accordance with the Contract after notification by Party B;
12.2.3 Party A maliciously removes GPS (vehicle positioning device);
12.2.4 Party A fails to properly use the vehicle leased in accordance with the Contract or uses the vehicle leased for illegal activities;
12.2.5 Party A is criminally detained or wanted by the public security organ for illegal acts;
12.2.6 Party A conceals the truth and provides false statements or materials;
12.2.7 Party A subleases the leased vehicle without the consent of Party B;
12.2.8 The vehicle leased is seized, before thisconfiscated, auctioned, forcibly occupied or subject to similar threats;
12.2.9 Party A involves major litigation/arbitration/criminal proceedings, or its property is subject to coercive measures;
12.2.10 Party B loses contact with Party A for more than ________days, and based on the credit status of Party A, Party B believes there is risk.
12.3 When Party A fails to pay the monthly rent and other expenses payable in accordance with this Contract, Party B shall properly keep have the goods right to charge Party A the liquidated damages as per ____% of payables/day until Party A has paid all overdue payments and ensure that they liquidated damages to Party B.
12.4 Where Party B takes back or Party A returns the vehicle leased upon the termination of this Contract, if the vehicle leased is damaged or scraped or its internal and external parts, equipment, accessories, etc. are intact. damaged and missing (except normal aging, and wear and tear) in time of vehicle inspection, which falls out of the scope of insurance coverage, Party A shall compensate Party B for its actual loss.
12.5 If there is Party A violates the provision of Article 10.9, Party A shall bear all the liabilities and losses caused by its breach of contract and unconditionally compensate Party B for the losses suffered by Party B.
12.6 If Party B violates Article 7 and fails to handle the transfer registration of the leased vehicle without any damagedelay, Party B shall compensate pay Party A according to liquidated damage as per RMB____/day (the price of the goods agreed amount here shall be in the agreement. If the amount is not enough to make up for the losses, it shall also compensate Party A for all lossesrange of RMB 200 - 500 /day).
4. If Party B violates 12.7 Both parties have the agreement or refuses right to perform the cooperation content during the cooperation period of this agreement, and refuses to perform or even withdraws recover from the cooperation after being urged by Party Aother party reasonable expenses arising from the execution or protection of their rights under this Contract, Party A has the right not to return the initial fee paid by Party B as a security deposit; At the same time, Party B shall cooperate with Party A to return all cooperation materials such as cooperation project materials and trademark product authorization documents, and compensate all economic losses suffered by Party A;
5. If Party B violates this agreement and causes losses to Party A, all expenses (including but not limited to attorney fees, legal fees, litigation/arbitration fees, announcement appraisal fees, preservation investigation fees, guarantee fees, appraisal fees and auction evaluation fees) incurred by Party A for safeguarding its own legitimate rights and interests shall be borne by Party B;
6. If Party B cancels or changes the order without authorization, it shall pay 20% of the order price as liquidated damages and compensate Party A for all losses such as stocking, labor and profitetc.
Appears in 1 contract
Samples: Financing Lease Contract (To Prosperity Technology Inc)
Liability for Breach of Contract. 1. Party A and Party B shall strictly perform implement the terms stipulated in the agreementof this Agreement. If one either party breaches the contract, all expenses incurred for safeguarding its legitimate rights and interests (including but not limited to attorney's fee, legal costs, arbitration fee, announcement fee, preservation fee, guarantee premium and The appraisal fee and the breaching party auction appraisal fee) shall bear be borne by the liability for breach of contract according to the contract.other party;;
2. If the product is delivered to Party B by Party A to Party B and Party B fails to raise any objection to the quality of the product quality within the acceptance period, Party B shall not apply for return or replacement; If replace the product quality problems or caused by Party B due to Party B's reasons B or the intervention of a third party, which are not caused by the product itself, and caused by party Party B's failure to raise any objection within the time limit since the date of acceptance, Party A can B may repair and rework the products, and product quality problems caused by its failure to raise objections within the deadline from the date of acceptance Party B shall bear the rework service fee, material fee, processing fee, labor personnel wages and other expenses incurred by Party A;
3. If the payment for goods is not made in advance and then deliveredby payment before delivery, Party B shall pay the ownership of the goods stipulated in this agreement still belongs herein to Party A before Party B pays off the paymentA, and Party A has shall have the right to take back retrieve the goods at any time. Meanwhile, before thisAt the same time, Party B shall properly keep the goods before this to ensure completeness and ensure that they are intactdamage. If there is In case of any damage, Party B shall compensate Party A according to the goods price of the goods agreed in the agreementherein. If the amount is not enough insufficient to make up for the losses, it shall also compensate Party A for all losses.;
4. If Party B violates the agreement conducts or refuses to perform the cooperation content during the cooperation period of this agreement, Agreement and still refuses to perform or even withdraws withdraw from the cooperation after being urged by Party A, Party A has shall have the right not to return the initial fee deposit paid by Party B as a security deposit; At B. In the same timemeantime, Party B shall cooperate with Party A to return all cooperation materials such as cooperation project materials and materials, trademark product authorization documents, documents and compensate Party A for all economic losses suffered by Party Adamages pecuniary loss;
5. If Party B violates this agreement and causes losses to Party A, all expenses incurred by Party A to safeguard its legal rights and interests (including but not limited to attorney feesfee, legal feesfee, arbitration feesfee, announcement feesfee, preservation feesfee, guarantee feespremium, appraisal fees fee and auction Sales and evaluation feesfee) incurred by Party A for safeguarding its own legitimate rights and interests shall be borne by Party B;
6. If Party A cancels or changes the order after the delivery, it shall pay 20% of the price of the order as liquidated damages And compensate Party A for all losses such as inventory, labor and profits.
7. After Party B makes the payment, if Party A cancels or changes the order without authorizationpermission, it shall pay 20% of the order price as liquidated damages and damages, And compensate Party A party B for all losses such as stockingsales, labor and profit.
Appears in 1 contract
Samples: Special Appointed Dealer Sales Cooperation Agreement (MED EIBY Holding Co., LTD)
Liability for Breach of Contract. 1. Party A and Party B shall strictly perform Any refusal, delay, delay or failure to fully implement the terms stipulated of this contract by any party to this contract shall be deemed as a breach of contract. Except as otherwise provided in the agreement. If one party breaches the this contract, the breaching party shall bear the liability be liable for breach of contract according contract, and the other party shall have the right to require the breaching party to compensate for all direct and indirect losses suffered thereby, and for the breaching party to compensate the related expenses paid by the breaching party , including but It is not limited to the contractexpenses incurred to resolve disputes.
2. If either party of both parties violates the product is delivered provisions of this contract, the other party has the right to notify the breaching party in writing to make corrections within a time limit. If the breaching party fails to make corrections within 30 working days after receiving the written notice, the other party has the right to unilaterally terminate the contract and request the breaching party to bear the losses caused by it.
3. Party A to Party B fully understands and Party B fails to raise any objection accepts: Due to the product quality within particularity of the acceptance periodsoftware development industry and the unpredictability of risks, Party B shall B’s defects in the licensed software itself and operating errors that affect Party A are not apply for return or replacement; If the product quality problems caused by Party B due to part of Party B's reasons or the intervention ’s breach of a third party, which are not caused by the product itself, and caused by Party B's failure to raise any objection within the time limit since the date of acceptance, Party A can repair and rework the productscontract , and Party B shall bear the rework service fee, material fee, processing fee, labor wages and other expenses incurred by Party A;
3. If the payment is will not made in advance and then delivered, the ownership of the goods stipulated in this agreement still belongs to Party A before Party B pays off the payment, and Party A has the right to take back the goods at any time. Meanwhile, before this, Party B shall properly keep the goods and ensure that they are intact. If there is any damage, Party B shall compensate Party A according to the price of the goods agreed in the agreement. If the amount is not enough to make up be liable for the losses, it shall also compensate Party A for all lossescompensation.
4. If Party A fails to pay Party B violates in full and on time as stipulated in the agreement or refuses to perform the cooperation content during the cooperation period of this agreement, and refuses to perform or even withdraws from the cooperation after being urged by Party Acontract, Party A shall pay Party B a penalty in addition to making up the arrears as soon as possible. For every overdue working day, Party A shall pay liquidated damages at 1‰ of the unpaid amount due. If Party A fails to fully pay the dues within one month, Party B has the right to terminate the contract immediately and require Party A to pay the arrears, liquidated damages and compensation for corresponding losses.
5. Party B will use all reasonable means to ensure the continuity of the information provided, and ensure that the data provided to Party A is consistent with the data that Party B receives from the data source. For information interrupt, errors, interruptions, delays, omissions or other forms of data services and information errors, or any loss or damage caused thereby, does not belong to return the initial fee Party B’s breach of contract, Party B assumes no responsibility. If Party B’s direct error causes the delay or failure of Party A’s data, Party A may request Party B to appropriately extend a certain service period according to the degree of impact.
6. Under any circumstances, the liquidated damages, compensation, etc. paid by Party B as a security deposit; At the same time, Party B shall cooperate with to Party A to return all cooperation materials such as cooperation project materials and trademark product authorization documents, and compensate all economic losses suffered by Party A;
5. If Party B violates under this agreement and causes losses to Party A, all expenses (including but contract do not limited to attorney fees, legal fees, arbitration fees, announcement fees, preservation fees, guarantee fees, appraisal fees and auction evaluation fees) incurred by Party A for safeguarding its own legitimate rights and interests shall be borne by Party B;
6. If Party B cancels or changes the order without authorization, it shall pay 20exceed 10% of the order price as liquidated damages and compensate total amount of software license service fees that Party A for all losses such as stockinghas paid to Party B in this period in a calendar year. If there is any conflict between other clauses of this contract and this clause, labor and profitthis clause shall prevail.
Appears in 1 contract
Samples: Licensing Service Contract (Zhong Yang Financial Group LTD)
Liability for Breach of Contract. 1. If Party A and fails to pay the house to Party B shall strictly perform as scheduled, Party B agrees to give Party A an one-month extended period, and in such circumstances including the terms stipulated in the agreementlease start date, lease termination date, etc. If one party breaches overdue is for more than 90 days, then Party B has the right to terminate the contract, Party A shall return the breaching party house to Party B, but Party A shall bear the liability for breach of contract according to the contract.
2. If During the product is delivered by Party A to Party B and Party B fails to raise any objection to term of validity of the product quality within the acceptance periodcontract, Party B shall not apply for return or replacement; If unilaterally propose to terminate the product quality problems caused by contract. Otherwise, Party B due to shall treat Party B's reasons or breach of contract. Party B shall pay Party A a penalty of double the intervention rent for the number of a third party, which are not caused by the product itself, and caused by days of early retirement. If Party B's failure ’s breach of contract is not sufficient to raise any objection within the time limit since the date of acceptancecompensate Party A’s losses, Party A can repair and rework the products, and is entitled to claim further differences from Party B.
3. Party B shall bear the rework service feecorresponding legal liability for Party B’s intentional or negligent incorporation of its users, material feeemployees, processing feedecoration companies, labor wages customers, and other expenses incurred by visitors entrusted to it and infringe Party A;
3. If the payment is not made in advance ’s lawful rights and then delivered, the ownership of the goods stipulated in this agreement still belongs to Party A before Party B pays off the payment, and Party A has the right to take back the goods at any time. Meanwhile, before this, Party B shall properly keep the goods and ensure that they are intact. If there is any damage, Party B shall compensate Party A according to the price of the goods agreed in the agreement. If the amount is not enough to make up for the losses, it shall also compensate Party A for all lossesinterests.
4. If Party B violates one of the agreement or refuses to perform the cooperation content during the cooperation period following breaches of this agreement, and refuses to perform or even withdraws from the cooperation after being urged by Party Acontract occurs, Party A has may terminate the right contract after issuing a cancellation notice:
a. Party B was unable to pay rent, management fees, fees payable, overdue liquidated damages as scheduled, and had not paid for it for two weeks, or failed to return pay the initial fee sum payable up to three times as scheduled, or the bills paid by Party B as a security deposit; At were refunded or refused to pay.
b. Party B violates this contract, or the same timeattachment of this contract.
c. The activities or illegal activities that Party B does not comply with in the housing and rent use.
d. Party B is subject to closure, suspension of rectification, etc. by the judicial or administrative authorities.
e. Party B is bankrupt, enters liquidation procedures, is undergoing liquidation (except for the purpose of merger and reorganization), or is taken over by the receiver, voluntarily or involuntarily;
f. Without Party A’s written consent, Party B shall cooperate with ceased operation in the house or stated that it would suspend business;
g. Party A B's property or goods or any property in the property is confiscated or expropriated;
h. ® Any person applies to return all cooperation materials such as cooperation project materials the court to liquidate Party B and trademark product authorization documents, and compensate all economic losses suffered by Party A;the court accepts the application.
5. If Party B violates this agreement has a breach of contract described in 2, 3, and causes losses 4 above, Party A shall have the right to immediately stop providing electricity, air conditioning and other services of the house to Party AB. Or all measures:
a. Require Party B to pay the rent, all expenses management fee, electricity bxxx, etc. payable and overdue liquidated damages;
b. Confiscation of the deposit as a breach of contract;
c. Temporarily restrict Party B’s personnel from entering and leaving Party B’s rental unit;
d. Claim Party B’s loss (including but not limited to attorney Party A’s attorney’s fees, legal litigation fees, arbitration feesrestoration costs of the house, announcement fees, preservation fees, guarantee fees, appraisal and agency fees and auction evaluation feesfor the new tenant for the house) incurred by Party A for safeguarding its own legitimate rights and interests shall be borne caused by Party B;
6. If ’s breach of contract, and includes Party A’s right to pursue the full rent of Party B cancels or changes to the order without authorization, it shall pay 20% expiry date of the order price as liquidated damages and compensate Party A for all losses such as stocking, labor and profitthis contract.
Appears in 1 contract
Samples: House Rental Agreement (HUI YING FINANCIAL HOLDINGS Corp)
Liability for Breach of Contract. 1. 12.1 Upon execution of the contract, both Party A and Party B shall strictly perform fulfill the terms stipulated in the agreement. If one party breaches the obligations of this contract, either party that fails to perform or does not completely fulfill the breaching party obligations of this contract, shall bear assume the liability corresponding responsibility for breach of contract according to the contract.
2. 12.2 Without the written consent of Party B, and Party A fails to withdraw the loan as agreed in this contract, Party B shall be entitled to collect liquidated damages according to actual overdue days as per interest rate agreed in the contract.
12.3 If Party B fails to grant loans as per the product is delivered contract, Party A shall be entitled to request Party B to pay the liquidated damages according to actual overdue days as per interest rate agreed in the contract.
12.4 If one of the following circumstances occur, Party B shall be entitled to suspend or terminate the issuance of money not withdrawn under the contract, and request Party A of immediate repayment of all money withdrawn, the interest payable and other costs, meanwhile, take appropriate measures by law, the date when Party B requires Party A to repay the foregoing money shall be the date of payment under the contract expiration date of the debt ahead of schedule, Party B shall be entitled directly deduct money from Party A’s any account opened by Party B or its branch so as to repay Party A of debt under the contract;
12.4.1 Party A fails to repay the loan principal and interest under this contract on schedule;
12.4.2 Party fails to fulfill any obligation agreed in the contract;
12.4.3 The loan’s related certificates and documents submitted by Party A to Party B relating to Article IX of this contract are proved to be inauthentic, inaccurate, incomplete or intentionally misleading.
12.4.4 Party A ceases to pay its due debts, or is unable or indicates that it can not repay the debt;
12.4.5 Party A’s suspension or termination of business, declared bankrupt, dissolution, suspension of business license and revocation or litigation, arbitration or criminal or administrative penalties that have adverse impact on Party B A’s operation or financial status :
12.4.6 Changes on Party A’s address, business scope, legal representative and other industrial and commercial registration or major foreign investment, severely affected or threatened the Party B’s fulfillment of claims;
12.4.7 Significant financial loss, assets loss, or assets loss arising from external guarantee or other financial crisis occur on the part of Party A;
12.4.8 Operation and finance of Party A’s controlling shareholder and other affiliated company are exposed to major crisis, or Party A makes large related transactions with controlling shareholders and other affiliated company, which impacts the normal operation of Party A;
12.4.9 Party A’s industry undergoes adverse changes;
12.4.10 Party A fails to raise any objection handle settlement or deposit and other related businesses as agreed in Party B’s territory;
12.4.11 Party A changes use of loan funds without permission;
12.4.12 Senior management is involved in major corruption, bribery, fraud or illegal business cases;
12.4.13 Party A defaults on other creditors;
12.4.14 Party A’s guarantor breaches agreement of guarantee contract or default occurred under the contract;
12.4.15 Other events that constitute a threat, harm or likely to endanger and damage Party B’s rights and interests occur on the product quality within side of Party A.
12.5 If Party A fails to repay the acceptance periodprincipal agreed in the contract, Party B shall not apply for return or replacement; be entitled to exercise the rights stipulated in Section12.4 of the article, it is also entitled to, according to actual number of days overdue, calculate and collect interest with an extra 50% default interest rate based on loan interest rate of the contract.
12.6 If the product quality problems caused by Party A fails to pay interest, Party B due is entitled to Party B's reasons or collect compound interest based on the intervention actual number of a third party, which are not caused by days overdue and in accordance with default interest rate agreed in Section 12.5 of the product itself, and caused by Party B's failure to raise any objection within the time limit since the date of acceptance, article.
12.7 If Party A can repair and rework fails to use the products, and Party B shall bear loan as per purposes agreed in the rework service fee, material fee, processing fee, labor wages and other expenses incurred by Party A;
3. If the payment is not made in advance and then delivered, the ownership of the goods stipulated in this agreement still belongs to Party A before Party B pays off the payment, and Party A has the right to take back the goods at any time. Meanwhile, before thisContract, Party B shall properly keep be entitled to exercise right in Section 12.4 hereof, it is also entitled to, from the goods appropriation date of the default application part, calculate and ensure collect interest with an extra 100% default interest rate at loan interest rate applicable to the contract at that they are intact. time according to default application days.
12.8 If there is any damageParty A repays ahead of schedule, Party B shall compensate is entitled to, from the date of prepayment of Party A A, according to the price amount of the goods early repayment, remaining maturity period of loans and loan interest rate agreed in the agreement. If contract, cullet liquidated damage at 50% rate in one-time off manner, the liquidated damage is calculated as: liquidated damage =the amount is not enough to make up for of early repayment ×remaining maturity period of loans (in terms of years) ×loan interest rate agreed in the losses, it shall also compensate contract × rates.
12.9 If Party A for all losses.
4. If Party B violates the agreement or refuses to perform the cooperation content during the cooperation period provision of this agreement, and refuses to perform or even withdraws from the cooperation after being urged by Party Aarticle 10.11, Party A has shall compensate the right not to return the initial fee paid by Party B as a security deposit; At the same time, Party B shall cooperate with Party A to return all cooperation materials such as cooperation project materials and trademark product authorization documents, and compensate all economic losses suffered by Party A;
5. If Party B violates this agreement and causes losses incurred to Party A, all expenses B.
12.10 All costs incurred from Party B’s fulfillment of claims (including but not limited to attorney fees, legal fees, arbitration travel expenses, (within 2% of total claims) legal counsel fees, announcement fees, property preservation fees, guarantee notarization certification fees, appraisal fees translation fees, assessment and auction evaluation fees, etc.) incurred by Party A for safeguarding its own legitimate rights and interests shall be borne by Party B;
6. If Party B cancels or changes the order without authorization, it shall pay 20% of the order price as liquidated damages and compensate Party A for all losses such as stocking, labor and profit.A.
Appears in 1 contract
Liability for Breach of Contract. 1. Party A Except for the force majeure stipulated by law, neither party shall terminate the lease term in advance , otherwise, it will be regarded as a breach of contract, and Party B the breaching party shall strictly perform bear the terms stipulated in breach of contract responsibility and pay the agreementbreaching party a penalty of RMB 100,000, causing economic losses to the non-compliance party, it shall be liable for compensation at the same time. If one party’s breach of contract causes the other party breaches to resolve the contractdispute through litigation, the breaching party shall bear the liability for breach payment of contract according the non-compliant party, including but not limited to litigation fees, preservation fees, property preservation guarantee fees, announcement fees, attorney fees, travel expenses, etc. The cost of realizing the contractclaim.
2. If the product is delivered by After Party A to provides Party B with the venue usage fee and Party B fails to raise any objection to the product quality within the acceptance periodother related fees, Party B shall not apply for return or replacement; If pay according to the product quality problems caused by Party B due to Party B's reasons or the intervention of a third party, which are not caused by the product itself, and caused by Party B's failure to raise any objection within the time limit since the date of acceptance, Party A can repair and rework the products, and Party B shall bear the rework service fee, material fee, processing fee, labor wages and other expenses incurred by Party A;
3agreement. If the payment is not made in advance and then delivered, the ownership of the goods stipulated in this agreement still belongs to Party A before Party B pays off the paymentwithin 60 natural days overdue, and Party A has the right to unilaterally terminate the contract and demand compensation from Party B for losses.
3. If Party B subleases, subcontracts, lent or changes the use of the site without authorization, Party A may terminate this agreement in advance, take back the goods at any time. Meanwhilesite, before this, and require Party B shall properly keep to bear the goods and ensure that they are intact. If there is any damage, Party B shall compensate Party A according to the price of the goods agreed in the agreement. If the amount is not enough to make up for the losses, it shall also compensate Party A for all losseslosses caused thereby .
4. If Party B violates shall operate according to the agreement or refuses to perform the cooperation content during the cooperation period location determined by Party A in Article 1 of this agreement, and refuses to perform or even withdraws from shall not exceed the cooperation after being urged by Party A, Party A has scope agreed in this agreement. In the right not to return the initial fee paid by Party B as a security deposit; At the same timeprocess of construction and operation, Party B shall cooperate with ensure that it shall not destroy the rest of the movable and immovable properties owned by Party A to return all cooperation materials such as cooperation project materials and trademark product authorization documentsin the gas filling station, and compensate all economic losses suffered by Party A;
5. If Party B violates this agreement and causes losses to Party A, all expenses (including but not limited to attorney feesgas stations, legal feesgas stations, arbitration feescharging stations, announcement feesetc., preservation feesand Party B shall be liable for compensation for losses caused to Party A.
5. During the lease period, guarantee fees, appraisal fees and auction evaluation fees) incurred by disputes arising between Party A for safeguarding its own legitimate rights and interests Party B during the performance of this contract or related to this contract shall be borne resolved through negotiation by Party B;
6both parties. If Party B cancels Without the consent of one party or changes the order without authorizationnegotiation of both parties is inconsistent, it the other party terminates the agreement in advance, which constitutes a breach of contract. , shall be liable for breach of contract, and the breaching party shall pay 20% of the order price as liquidated damages and compensate Party A for all losses such as stocking, labor and profitof RMB 100,000 to the non-compliance party .
Appears in 1 contract
Samples: Venue Lease Agreement (U Power LTD)
Liability for Breach of Contract. 1. 8.1 Party A's liability for breach of contract:
8.1.1 If Party A fails to perform its obligations hereunder, which constitutes a material breach of this Agreement, and still fails to correct such breach within sixty (60) days upon receipt of a written correction notice from Party B, Party B shall strictly perform have the terms stipulated right to terminate this Agreement, and shall neither return the grants already received nor enjoy the grants and support policies that have not been implemented.
8.2 Party B's liability for breach of contract:
8.2.1 In the absence of special circumstances, if Party B within six (6) months after signing this Agreement, Party B shall be deemed to have automatically waived the grants and supports, and Party A may rescind this Agreement. However, if Party B cannot complete relevant registration procedures for reasons not attributable to Party B, Party B may request an extension of the period.
8.2.2 If the project construction land acquired by Party B or the Project Company fails to be used for the construction of the project specified herein or Party B or the Project Company transfers or transfers in disguised form the agreement. If one party breaches project construction land in breach of this Agreement, Party B or the contract, the breaching party Project Company shall bear the liability for breach of contract according to in accordance with the contract.
2. If Contract on the product is delivered by Party A to Party B and Party B fails to raise any objection to the product quality within the acceptance periodAssignment of State-Owned Construction Land Use Right, Party B shall not apply for return or replacement; If the product quality problems caused by Party B due to Party B's reasons or the intervention of a third party, which are not caused by the product itselfXiaoshan District Industrial Construction Project Performance Supervision Agreement, and caused by Party B's failure to raise any objection within the time limit since the date of acceptance, Party A can repair other applicable laws and rework the products, and Party B shall bear the rework service fee, material fee, processing fee, labor wages and other expenses incurred by Party A;
3. If the payment is not made in advance and then delivered, the ownership of the goods stipulated in this agreement still belongs to Party A before Party B pays off the paymentregulations, and Party A has the right to take back the goods at any time. Meanwhile, before this, require Party B shall properly keep and the goods Project Company to return various grants received within a specified time limit and ensure that they are intact. If there is any damage, Party B shall compensate Party A according to the price of the goods agreed in the agreement. If the amount is not enough to make up for the losses, it shall also compensate indemnify Party A for all lossesthe losses arising therefrom, and shall no longer implement the support policies that have not been implemented.
4. If 8.2.3 Under any of the following circumstances, Party A has the right to suspend all support policies hereunder; if Party B violates and the agreement or refuses Project Company fail to perform correct the cooperation content during the cooperation period breach within sixty (60) working days upon receipt of this agreement, and refuses to perform or even withdraws a written correction notice from the cooperation after being urged by Party A, Party A has the right not to rescind this Agreement and require Party B and the Project Company to return various grants received during the initial fee paid breach period within a specified time limit and to indemnify Party A for the losses arising therefrom, and shall no longer implement the support policies that have not been implemented:
8.2.3.1 Party A cannot perform audits on the Project Company due to the Project Company's incomplete or poor financial systems, or the Project Company rejects the audits by Party A.
8.2.3.2 As of the date of signing this Agreement, no less than two (2) years have elapsed after Party B was punished by the law-enforcement authority due to serious violation of laws.
8.2.3.3 According to the ruling of the judicial authority, the amount of tax owed or the amount of salaries owned in bad faith by Party B or the Project Company has reached more than RMB 5 million.
8.2.3.4 The Project Company's shareholder illegally draws, reduces, or withdraws capital.
8.2.3.5 Party B or the Project Company obtains various grants by practicing fraud.
8.2.3.6 Party B or the Project Company cannot continue as a security deposit; At the same timegoing concern due to any major liability accident relating to production safety, food safety, environmental pollution, product quality, etc., or is being investigated for tax evasion, or is included in a blacklist of dishonest subjects, or causes any major mass incident.
8.2.3.7 Party B shall cooperate with Party A or the Project Company fails to return all cooperation materials such as cooperation project materials and trademark product authorization documentsperform their obligations hereunder, and compensate all economic losses suffered by Party A;
5. If Party B violates which constitutes a material breach of this agreement and causes losses Agreement, or this Agreement cannot be performed due to Party A, all expenses (including but not limited to attorney fees, legal fees, arbitration fees, announcement fees, preservation fees, guarantee fees, appraisal fees and auction evaluation fees) incurred by Party A for safeguarding its own legitimate rights and interests shall be borne by Party B;
6. If Party B cancels intentional non-performance of their obligations or changes the order without authorization, it shall pay 20% unilateral termination of the order price as liquidated damages and compensate Party A for all losses such as stocking, labor and profitproject contract or other reasons.
Appears in 1 contract
Liability for Breach of Contract. 1. Party A and Party B shall strictly perform the terms stipulated in the agreementof this Agreement. If one either party breaches the contract, the breaching party shall bear be liable for the liability for breach of contract according to the contract.
2. If the product is delivered to Party B by Party A to Party B and Party B fails to does not raise any objection objections to the product quality within the acceptance period, Party B shall not apply for return or replacementreplacement of the product; If if the product quality problems is caused by Party B due to Party B's reasons or the intervention of a third party, which are not caused by the product itself, and caused by Party B's failure to raise any objection within the time limit since the date of acceptance, Party A can repair and rework the products, and Party B shall bear the rework service fee, material feematerials, processing fee, and labor wages and other expenses incurred paid by Party A;
3. If the payment for goods is not made in advance and then deliveredby payment before delivery, Party B shall keep the ownership of the goods stipulated in this agreement still belongs agreed herein to Party A before Party B pays off the paymentpayment is paid, and Party A has shall have the right to take back retrieve the goods at any time. Meanwhile, before thisAt the same time, Party B shall properly keep the goods before this to ensure completeness and ensure that they are intactdamage. If there is In case of any damage, Party B shall compensate Party A according to the goods price of the goods agreed in the agreementherein. If the amount is not enough insufficient to make up for the losses, it shall also compensate Party A for all losses.;
4. If Party B violates the agreement conducts or refuses to perform the cooperation content during the cooperation period of this agreement, Agreement and refuses to perform or even withdraws withdraw from the cooperation after being urged by Party Acooperation, Party A has shall reject the right not to return the initial fee deposit paid by Party B as a security depositB; At the same time, Party B shall cooperate with Party A to return all cooperation materials such as cooperation project materials and materials, trademark product authorization documentsdocuments and other cooperation materials, and compensate Party A for all economic losses suffered by Party Athereby;
5. If Party B violates this agreement Agreement and causes losses to Party A, all expenses incurred by Party A (including but not limited to attorney feesfee, legal feesfee, arbitration feesfee, announcement feesfee, announcement fee, preservation feesfee, guarantee feespremium, appraisal fees fee and auction evaluation feesfee) incurred by Party A for safeguarding its own legitimate rights and interests shall be borne by Party B;
6. If Party B cancels or changes the order without authorization, it shall pay 20% of the price of the order price as liquidated damages and compensate Party A for all losses such as stockinginventory, labor and profit.
Appears in 1 contract
Samples: Special Appointed Dealer Sales Cooperation Agreement (MED EIBY Holding Co., LTD)
Liability for Breach of Contract. 1. Article 50 Party A and shall timely furnish Party B shall strictly perform with relevant materials required for creation of the terms stipulated Works in accordance with this Agreement and the agreementrequirements set forth in subsequent Animation Production Orders. If one party breaches the contractParty B strictly performs its obligations in accordance with this Agreement, the breaching party Party A shall bear the liability for breach make payment of contract according Production Fees to the contract.
2Party B in accordance with this Agreement. If the product production schedule is delivered by delayed due to various factors, Party A shall have the right to renegotiate and determine the schedule with Party B and B. If Party B fails to raise any objection deliver complete the production or fails to deliver the product quality within the acceptance periodDeliverables on time due to Party A's reasons or Force Majeure, Party B shall not apply for return or replacement; If may delay the product delivery accordingly with the written consent from Party A.
Article 51 Party B acknowledges that delay in the delivery of the Works will have material adverse effects on Party A's revenue from the utilization and operation of the Works and Party A's goodwill. Therefore, Party B undertakes that it will complete the production of the Works within the schedule stipulated in the Animation Production Orders with satisfactory quality problems caused and quantity of content. In case there is delay of delivery by Party B due to Party B's reasons or the intervention ’s causes, for each day of a third party, which are not caused by the product itself, and caused by Party B's failure to raise any objection within the time limit since the date of acceptancedelay, Party A can repair and rework the products, and shall be entitled to demand payment of penalty from Party B shall bear the rework service fee, material fee, processing fee, labor wages and other expenses incurred by Party A;
3. If the payment is not made in advance and then delivered, the ownership equivalent to five percent of the goods stipulated Production Fees in this agreement still belongs to Party A before Party B pays off the paymentsubject Animation Production Order, and Party A has may deduct such penalty from the remaining Production Fees (if any) of the subject Animation Production Order. If Party B delays the delivery for 15 days, Party A may demand Party B to return all the Production Fees paid by Party A and terminate this Agreement upon written notice to Party B. Party A shall have the right not to pay the remaining Production Fees and reserve the right to take back the goods at any timehold Party B liable for breach of contract. Meanwhile, before thisEven if Party A unilaterally terminates this Agreement, Party B shall properly keep the goods still deliver all finished work products and ensure that they are intact. If there is any damage, materials to Party A in accordance with provisions of this Agreement.
Article 52 Party B shall compensate Party A according to shall, in strict compliance with this Agreement, the price of the goods agreed requirements set out in the agreement. If the amount is not enough to make up for the losses, it shall also compensate Party A for all losses.
4. If Party B violates the agreement or refuses to perform the cooperation content during the cooperation period of this agreement, Animation Production Order and refuses to perform or even withdraws from the cooperation after being urged by Party A, Party A has the right not to return the initial fee paid by Party B as a security deposit; At the same time, Party B shall cooperate with Party A to return all cooperation materials such as cooperation project materials and trademark product authorization documents, and compensate all economic losses suffered by Party A;
5. If Party B violates this agreement and causes losses to Party A, all expenses 's instructions (including but not limited to attorney feeshardcopy documents and E-mails), legal fees, arbitration fees, announcement fees, preservation fees, guarantee fees, appraisal fees render animation production services and auction evaluation fees) incurred provide support and any other matters specified by Party A. In case of any violation, Party A for safeguarding its own legitimate rights and interests shall be borne have the right to unilaterally terminate this Agreement upon written notice. In the meanwhile, Party A may demand Party B of a penalty equal to twice the Production Fees of the Animation Production Orders. In case that such penalty is insufficient to cover the losses caused by Party B;
6. If A, Party B cancels or changes the order without authorization, it shall pay 20% of the order price as liquidated damages and compensate indemnify Party A for all the losses suffered by Party A, except as otherwise agreed herein.
Article 53 If Party B violates the warranties it has given under Article 30, 31 and 32 of this Agreement, Party A may stop the cooperation with the staff, require Party B replace them with other personnel with similar level, and direct no display of the portrait and name of the subject staff in the Works, publicity materials or posters. If the Works have been completed, Party A may either demand Party B’s payment of penalty equal to three times of the total Production Fees for the Animation Production Orders that the subject staff involved under this Agreement; or demand Party B to assign other staff in similar level for replacement to redo or modify the contents produced by the subject staff. In such circumstances, if Party B refuses to redo or modify, or such redo or modification may result in delay of delivery for at least one month, or such redo or modification fails to ensure the continuity of the story, logic, completeness, artistry and market feedback, or even makes the Works fail to broadcast, Party A shall have the right to unilaterally terminate this Agreement, and Party B shall, within 3 working days upon receipt of the written notice from Party A, return all the Production Fees paid by Party A (if any) and make payment of the penalty equal to three times of the total Production Fees in the subject Animation Production Orders under this Agreement. If such penalty is insufficient to cover the losses thus caused to Party A and/or its affiliates, Party B shall indemnify Party A for all actual losses. Party A shall provide the proof of the loss to Party B, and Party B shall pay the amount within 15 days upon receipt of the proof.
Article 54 Both Parties shall strictly comply with terms and conditions of this Agreement. Failure of each Party to perform or fully perform this Agreement shall constitute a breach of contract, and the breaching Party shall indemnify the non-breaching Party for all losses suffered thereby, unless otherwise agreed herein.
Article 55 Loss in this Agreement refers to all direct and indirect losses caused by the breaching Party to the non-breaching Party as well as all reasonable expenses such as stockingfees incurred for arbitration, labor legal services, notary, forensic, appraisal, audit and profittravel expenses borne by the non-breaching Party to settle the dispute.
Article 56 The Parties confirm the penalty due to breach of contract represents the minimum loss of the non-breaching Party may incur that both Parties foresee at the execution of this Agreement. When the non-breaching Party claims penalty or compensation for damages under or equal to the agreed penalty amount, in case that the breaching Party gives up its claim of the penalty or compensation requested by the non-breaching Party being too high, the non-breaching party shall be exempted from providing proof of actual loss. However, if the non-breaching party claims that the actual loss suffered by the non-breaching Party is greater than the penalty amount agreed in this Agreement, the non-breaching Party shall provide proof of its actual loss.
Article 57 The payment and/or any other performance of this Agreement by Party A does not constitute the proof that Party B has been in compliance with terms and conditions of this Agreement during the Term. In case that Party A finds any breach of contract by Party B after the expiry of the Term or the early termination of this Agreement, Party A shall be entitled claim from Party B for breach of contract based on terms herein.
Appears in 1 contract
Samples: 3d Animation Works Production Service Framework Agreement (Model Performance Mini Corp.)
Liability for Breach of Contract. 17.1 Should any party fails to perform its obligation under this Agreement, it shall be deemed as breach of this Agreement. The party in breach shall be held liable for losses caused to the other party.
7.2 If due to Party A’s reason, Party A and Party B shall strictly perform the terms stipulated in the agreement. If one party breaches the contract, the breaching party shall bear the liability for breach of contract according to the contract.
2. If the product is delivered by Party A to Party B and Party B fails to raise any objection to the product quality within the acceptance periodmake payment on time, Party B shall not apply for return or replacement; send a notice to Party A. If the product quality problems caused by Party A fails to make payment to Party B within 5 working days upon receiving such notice, Party A shall be liable to pay the penalty charges, which equals to 0.3% fo the due amount.
7.3 If due to Party B's reasons or the intervention of a third party, which are not caused by the product itself, and caused by Party B's failure to raise any objection within the time limit since the date of acceptance, Party A can repair and rework the products, and Party B shall bear the rework service fee, material fee, processing fee, labor wages and other expenses incurred by Party A;
3. If the payment is not made in advance and then delivered’s reason, the ownership of the goods stipulated delay in this agreement still belongs to Party A before Party B pays off the payment, and Party A has the right to take back the goods at any time. Meanwhile, before thispayment exceeds 30 days, Party B shall properly keep reserve the goods right to temporarily suspend its service of Party A. Should such delay exceeds 90 days, Party B shall have the right to terminate this Agreement and ensure to hold the servers.
7.4 Should the illegal operation of Party A lead to the following situation, Party B shall have the right to temporarily suspend part or all servers provide to Party A and shall be entitled to require Part A to delete or amend those contents that they are intactdeemed inappropriate by Party B. After Party A delete or revise the content and take any effective measures, Party B shall then resume services. If there Such time of suspension shall be included in the server time.
7.4.1 The servers contain any program or software that attack other or prevent other from working normally;
7.4.2 The servers are occupies or exploited to attack other or prevent other from working normally;
7.4.3 Party A is engaged in or distribute the junk email in any damagematter;
7.4.4 The servers contain any contents that may infringe others’ legal interests or cause inappropriate affect;
7.5 Party B shall be entitled to terminate this Agreement and compensation of any losses, if it is a subject of complaint or punished due to Party A’s above mentioned activities in Article 7.4;
7.6 Party B shall be entitled to get compensation from Party A if any equipment was damages or any third parties’ equipment in Party B’s server booth could not be operated normally due to Party A’s illegal editing, operating or using program or software;
7.7 One party shall compensate the other party for the actual losses due to the breach of this Agreement;
7.8 Party B shall compensate Party A according to the price of the goods agreed in the agreement. If the amount is not enough to make up for the losses, it shall also compensate Party A for all losses.
4. If Party B violates the agreement or refuses to perform the cooperation content during the cooperation period of this agreement, and refuses to perform or even withdraws from the cooperation after being urged by if Party A, Party A has the right ’s servers could not to return the initial fee paid by Party B as a security deposit; At the same time, Party B shall cooperate with Party A to return all cooperation materials such as cooperation project materials and trademark product authorization documents, and compensate all economic losses suffered by Party A;
5. If Party B violates this agreement and causes losses operate normally due to Party A, all expenses (including but not limited B’s reason. Detailed provision shall refer to attorney fees, legal fees, arbitration fees, announcement fees, preservation fees, guarantee fees, appraisal fees and auction evaluation fees) incurred by Party A for safeguarding its own legitimate rights and interests shall be borne by Party B;
6. If Party B cancels or changes the order without authorization, it shall pay 20% of the order price as liquidated damages and compensate Party A for all losses such as stocking, labor and profitAttachment II.
Appears in 1 contract
Liability for Breach of Contract. 1. If products delivered by Party A don’t conform to Contract requirements in respect of model, specifications and technical parameters, Party B shall contact Party A on a product-by-product basis. Party A shall confirm the nonconforming part and come up with a solution within **** working days. Exchange is available for products confirmed by Party A to be defective upon pick up of the next shipment by Party B. If return of products is confirmed by Party A and Party B in writing, Party A shall strictly perform refund the terms stipulated in payment for the agreementreturned products to Party B immediately.
2. If one Should either party breaches the contractfails to make delivery or payments on time, the breaching party shall bear pay a penalty to the liability non-breaching party of **** per day of the value of the delayed products or the amount of the overdue payments.
3. Each Party shall be liable for its own breach of contract according Contract and shall compensate the non-breaching party for its economic loss resulting from the breach. The amount of compensation shall be equal to the contractamount of losses resulting from the breach, which will include any benefits that could be obtained if the Contract is fully performed, but not to exceed the losses that are foreseeable to the breaching party in signing the Contract.
24. If the product is delivered by Party A and Party B terminate the Contract upon consensus through negotiation, Party A shall refund to Party B and the unused balance of the Prepayment (free of interest) within **** working days. If Xxxxx A fails to refund the amount on time, Party A shall pay **** per day of the amount to be refunded to Party B fails to raise as a penalty.
5. If any objection to the product quality within the acceptance periodbreaches by Party B occur, Party B shall not apply for return or replacement; pay Party A a penalty according to the following terms: If the product quality problems caused by Party B due to Party B's reasons breaches or unilaterally repudiates the intervention of a third party, which are not caused by the product itself, and caused by Party B's failure to raise any objection within the time limit since the date of acceptanceContract, Party A can repair and rework may refuse to refund the products, and Party B shall bear the rework service fee, material fee, processing fee, labor wages and other expenses incurred Prepayment made by Party A;
3. If the payment is not made in advance and then delivered, the ownership of the goods stipulated in this agreement still belongs to Party A before Party B pays off the payment, and Party A has the right to take back the goods at any time. Meanwhile, before this, Party B shall properly keep the goods and ensure that they are intact. If there is any damage, B. Party B shall compensate Party A according to the price of the goods agreed in the agreement. If the amount is not enough to make up for the losses, it shall also compensate Party A for all losses.
4. If Party B violates the agreement or refuses to perform the cooperation content during the cooperation period of this agreement, and refuses to perform or even withdraws from the cooperation after being urged by Party A, Party A has the right not to return the initial fee paid by Party B as a security deposit; At the same time, Party B shall cooperate with Party A to return all cooperation materials such as cooperation project materials and trademark product authorization documents, and compensate all economic losses suffered by Party A;
5. If Party B violates this agreement and causes losses to Party A, all expenses (including but not limited to attorney fees, legal fees, arbitration fees, announcement fees, preservation fees, guarantee fees, appraisal fees and auction evaluation fees) incurred by Party A for safeguarding its own legitimate rights and interests shall be borne by resulting from Party B;’s non-performance. **** Confidential material omitted and filed separately with the Commission.
6. If any breaches by Party A occur, Party A shall pay Party B cancels a penalty according to the following terms: If Party A breaches the Contract or changes fail to tender products as required by the order without authorizationContract, it Party A shall pay 20% refund **** of the order price as liquidated damages and compensate unused balance of the Prepayment (free of interest) in its account to Party B within fifteen (15) working days. If Party A fails to refund the amount on time, Party A is liable to Party B for all losses such as stocking, labor and profita penalty of **** per day of the amount to be refunded.
Appears in 1 contract
Liability for Breach of Contract. 16.1 If any Transferred Asset is inconsistent with the status under Party B’s description or the status of such Asset contradicts Party B’s representation and warranties hereunder, Party A may rescind this Agreement. In such case, Party B shall refund Total Price paid by Party A and the interests thereof based on applicable bank loan interest rate to the account designated by Party A; in addition, Party B shall indemnify Party A for all economic losses thereof (including due diligence expenses and attorney’s fees, etc.); Party A may also choose not to rescind this Agreement based on the resolution it has reached with Party B through consultation, and in such case, the relevant provisions hereunder shall be amended.
6.2 In case that the Transferred Assets are frozen or the application to transfer the Transferred Assets are denied or challenged by government authorities due to the occurrence of potential lawsuits or disputes arising out of Party B’s act or omission, Party B shall be liable for the settlement and all the expenses thereof. if any of the conditions enumerated in the preceding sentence is not resolved within thirty (30) days after its occurrence, Party A is entitled to rescind this agreement and in such case, Party B shall refund Total Price paid by Party A and the interests thereof based on current bank loan interest rate to the account designated by Party A; in addition, Party B shall indemnify Party A for all the economic losses thereof (including due diligence expenses, etc.) Party A may also choose not to rescind this Agreement based on the resolution it has reached with Party B through consultation, and in such case, the relevant provisions hereunder shall be amended.
6.3 If Party A rescinds this Agreement in accordance with the provisions in Articles 6.1 or 6.2, it will constitute the rescission of the Sale Contract on Second-hand Property in Beijing Municipal and the Supplementary Agreement thereto, the Registered Trademark Transfer Contract and the Supplementary Agreement thereto and other contracts as well as documents with binding effects which have been executed and come into force for the purpose of this Agreement. Part A shall immediately return to Party B the Transferred Assets.
6.4 In the event that Party A fails to reach the internal resolution on the registration of the New Company as stipulated in Article 2.2.1 and 2.2.3 within forty five (45) business days as of the effective date of this Agreement as proved in Article 2.2, Party B has the right to rescind this Agreement; in such case, Party B will not refund the amount paid by Party A; Party A shall also indemnify Party B for all economic losses thereof. Party B may also choose not to rescind this Agreement based on the resolution it has reached with Party B through consultation, and in such case, the relevant provisions hereunder shall be amended.
6.5 In case any part of this Agreement may not be performed due to Party A’s act or omission, including Party A’s failure to pay the Second Installment of Transaction Amount specified in Article 2.2 and the Final Installment of Transaction Amount specified in Article2.4 into the account designated by Party B within the term hereof, Party B is entitled to rescind this Agreement and retain the amount paid by Party A; Party A shall indemnify Party B for all economic losses arising out of the transaction hereunder. The Sale Contract on Second-hand Property in Beijing Municipal and the Supplementary Agreement thereto, the Registered Trademark Transfer Contract and the Supplementary Agreement thereto and other contracts as well as all other documents with binding effects which have been executed and come into force in connection this Agreement shall be rescinded. Party A shall immediately return the Transferred Assets to Party B.
6.6 Where Party A fails to follow the provisions set forth in Article 2.1, 2.2 and 2.4 to the extent that the Transaction Amount is overdue and Party B has not rescinded this Agreement, Party A shall strictly perform pay Party B liquidated damages equal to 3‰ of the terms stipulated transaction installment for each day the Transaction Amount is overdue.
6.7 Where Party B fails to change its registered address with the industrial and commercial authority from the plant as set forth in Article 4.4, Party B shall pay Party A RMB10,000 Yuan for each day after the agreement. Party B is obligated to change the address until the change is made.
6.8 If one party either Party hereto breaches any other obligations hereunder and causes economic losses to the contractother party, the breaching party shall bear the liability for breach of contract according be liable to the contract.
2. If the product is delivered by Party A to Party B and Party B fails to raise any objection to the product quality within the acceptance period, Party B shall not apply other party for return or replacement; If the product quality problems caused by Party B due to Party B's reasons or the intervention of a third party, which are not caused by the product itself, and caused by Party B's failure to raise any objection within the time limit since the date of acceptance, Party A can repair and rework the products, and Party B shall bear the rework service fee, material fee, processing fee, labor wages and other expenses incurred by Party A;
3. If the payment is not made in advance and then delivered, the ownership of the goods stipulated in this agreement still belongs to Party A before Party B pays off the payment, and Party A has the right to take back the goods at any time. Meanwhile, before this, Party B shall properly keep the goods and ensure that they are intact. If there is any damage, Party B shall compensate Party A according to the price of the goods agreed in the agreement. If the amount is not enough to make up for the losses, it shall also compensate Party A for all such losses.
4. If Party B violates the agreement or refuses to perform the cooperation content during the cooperation period of this agreement, and refuses to perform or even withdraws from the cooperation after being urged by Party A, Party A has the right not to return the initial fee paid by Party B as a security deposit; At the same time, Party B shall cooperate with Party A to return all cooperation materials such as cooperation project materials and trademark product authorization documents, and compensate all economic losses suffered by Party A;
5. If Party B violates this agreement and causes losses to Party A, all expenses (including but not limited to attorney fees, legal fees, arbitration fees, announcement fees, preservation fees, guarantee fees, appraisal fees and auction evaluation fees) incurred by Party A for safeguarding its own legitimate rights and interests shall be borne by Party B;
6. If Party B cancels or changes the order without authorization, it shall pay 20% of the order price as liquidated damages and compensate Party A for all losses such as stocking, labor and profit.
Appears in 1 contract
Samples: Assets Purchase Agreement (Synutra International, Inc.)
Liability for Breach of Contract. 1. If products delivered by Party A do not conform to contract requirements in respect of model, specifications and technical parameters, Party B shall contact Party A in accordance with the conditions of the products. Party A shall confirm the nonconforming part and come up with a solution within **** working days. Defective products confirmed by Party A are **** Confidential material omitted and filed separately with the Commission. exchangeable upon Party B’s next pick up. If return of the products is confirmed by Party A and Party B in writing, Party A shall strictly perform refund to Party B its payment equal to the terms stipulated in value of the agreementreturned products immediately.
2. If one party breaches the contractShould Party A fails to make delivery or Party B fails to make payments on time, the breaching party shall bear the liability for breach of contract according pay a penalty to the contractnon-breaching party of **** per day of the value of the delayed products or the amount of the overdue payments.
23. If any party terminate the product is delivered Contract pursuant to Article I, Section 2 of the Contract, Party A shall refund Party B the amount of Prepayment made by Party B within **** working days upon the termination of the Contract. If refund is not made on time, Party A shall pay Party B **** per day of the amount due to Party B as a penalty.
4. Each party shall be liable for its own breach of the Contract and shall compensate the non-breaching party for its economic loss resulting from the breach. The amount of compensation shall be equal to the amount of losses resulting from the breach, which includes any benefits that could be obtained if the Contract is fully performed, but not exceeds the losses that are foreseeable to the breaching party in signing the Contract.
5. If Party A and Party B terminate the Contract through amicable negotiation, Party A shall refund to Party B the balance of the Prepayment (free of interest) within **** working days . If Party A fails to raise make a refund on time, Party A shall pay **** per day of the amount due to Party B as a penalty.
6. If any objection to the product quality within the acceptance periodbreaches by Party B occur, Party B shall not apply for return or replacement; pay Party A a penalty according to the following term: If the product quality problems caused by Party B due to Party B's reasons breaches or unilaterally repudiates the intervention of a third party, which are not caused by the product itself, and caused by Party B's failure to raise any objection within the time limit since the date of acceptanceContract, Party A can repair and rework the products, and Party B shall bear the rework service fee, material fee, processing fee, labor wages and other expenses incurred may refuse to refund Prepayment made by Party A;
3. If the payment is not made in advance and then delivered, the ownership of the goods stipulated in this agreement still belongs to Party A before Party B pays off the payment, and Party A has the right to take back the goods at any time. Meanwhile, before this, Party B shall properly keep the goods and ensure that they are intact. If there is any damage, B. Party B shall compensate Party A for all economic losses resulting from Party B’s non-performance.
7. If any breaches by Party A occur, Party A shall pay Party B a penalty according to the price following term: If Party A breaches the Contract or fail to tender products as required by the Contract, Party A shall refund the Prepayment (free of the goods agreed in the agreement. If the amount is not enough interest) to make up for the losses, it shall Party B within **** working days and also compensate Party A B for all losses.
4its economic losses resulting from Party A’s failed tender of products. If Party B violates A fails to refund the agreement or refuses to perform the cooperation content during the cooperation period of this agreement, and refuses to perform or even withdraws from the cooperation after being urged by Party APrepayment on time, Party A has the right not is liable to return the initial fee paid by Party B as for a security deposit; At the same time, Party B shall cooperate with Party A to return all cooperation materials such as cooperation project materials and trademark product authorization documents, and compensate all economic losses suffered by Party A;
5. If Party B violates this agreement and causes losses to Party A, all expenses (including but not limited to attorney fees, legal fees, arbitration fees, announcement fees, preservation fees, guarantee fees, appraisal fees and auction evaluation fees) incurred by Party A for safeguarding its own legitimate rights and interests shall be borne by Party B;
6. If Party B cancels or changes the order without authorization, it shall pay 20% penalty of **** per day of the order price as liquidated damages and compensate Party A for all losses such as stocking, labor and profitPrepayment.
Appears in 1 contract
Liability for Breach of Contract. 16.1 If either party fails to perform the obligations of the Agreement and the series of contracts or if the performance of the obligations of the Agreement and the series of contracts does not conform to the provisions of the Agreement and the series of contracts, it shall be regarded as a breach of contract. The non-breaching party may send a written notice to the breaching party to require the latter to perform its obligations under the Agreement and the series of contracts, and the breaching party shall take remedial measures within ten business days from the date on which notice is sent. If no measures are taken during such period, the non-breaching party shall have the right to require the breaching party to continue to perform its obligations under the Agreement and the series of contracts or to terminate the Agreement and the series of contracts. Regardless of which method the non-breaching party takes, it may demand the breaching party to indemnify it for the losses it suffers thereby.
6.2 If either Party A and or Party B shall strictly perform causes the terms stipulated in the agreement. If one other party breaches the contractto be prosecuted by a third party, the breaching party shall bear compensate for the liability for breach of contract according losses caused to the contractnon-breaching party as a result.
2. 6.3 If the product progress of Party B’s services is delivered by Party A delayed due to reasons attributable to Party B and Party B fails to raise any objection to the product quality within the acceptance periodA, Party B shall not apply be liable for return any breach of contract caused by the delay in progress.
6.4 Except for force majeure, if Party B cannot complete the services or replacement; deliver the Work Products and pass the acceptance according to the agreed time due to reasons not attributable to Party A, Party B shall pay Party A late liquidated damages for each date of delay at the rate of 5‰ of the total amount of the service item or the corresponding order (whichever is higher). If the product quality problems caused by liquidated damages are not sufficient to cover Party A’s loss, Party B due shall continue to bear the liability for the excess liquidated damages and compensation. The payment of liquidated damages and compensation shall not relieve Party B's reasons B of its responsibility and obligation to perform the Agreement and the series of contracts, and Party A shall have the right to complete the services agreed upon in the Agreement and the series of contracts by itself or the intervention of entrust a third party, which are not caused by the product itself, and caused all costs arising therefrom shall be borne by Party B's failure to raise any objection within the time limit since the date of acceptance, Party A can repair and rework the products, and Party B shall bear the rework service fee, material fee, processing fee, labor wages and other expenses incurred by Party A;B.
3. 6.5 If the payment is not made in advance and then delivered, the ownership an element of the goods stipulated in this agreement still belongs to Party A before Party B pays off the payment, and Party A has the right to take back the goods at any time. Meanwhile, before this, Party B shall properly keep the goods and ensure that they are intact. If there is any damage, Party B shall compensate Party A according to the price of the goods agreed in the agreement. If the amount is not enough to make up for the losses, it shall also compensate Party A for all losses.
4. If Party B violates the agreement or refuses to perform the cooperation content during the cooperation period of this agreement, and refuses to perform or even withdraws from the cooperation after being urged by Party A, Party A has the right not to return the initial fee paid Work Products delivered by Party B as a security deposit; At the same time, Party B shall cooperate with Party A to return all cooperation materials such as cooperation project materials and trademark product authorization documents, and compensate all economic losses suffered by Party A;
5. If Party B violates this agreement and causes losses to Party A, all expenses (including but not limited to attorney feesideas, legal feesplanning texts, arbitration feestext contents, announcement feesart images, preservation feesetc.) constitutes an infringement of the intellectual property rights and other legitimate rights and interests of third parties or violate the laws and regulations, guarantee fees, appraisal fees and auction evaluation fees) incurred Party B shall bear all costs paid by Party A for safeguarding its own legitimate rights such infringement (including but not limited to compensation costs, litigation costs, attorney fees, notary fees, appraisal fees, etc.). Regardless of whether Party A has confirmed acceptance of the Work Products delivered by Party B at that time, Party A shall have the right to terminate the Agreement and interests the corresponding series of contracts and require Party B to refund all payments made by Party A in respect of such order. Meanwhile, Party B shall be borne pay Party A 50% of the total production cost of all orders within 12 months prior to the date of the infringement under the Agreement as liquidated damages.
6.6 If Party B breaches the confidentiality obligations in the Agreement and the series of contracts, Party B shall bear all costs (including but not limited to compensation costs, litigation costs, attorney’s fees, notary fees, appraisal fees, etc.) paid by Party A as a result of such infringement. Regardless of whether Party A has confirmed acceptance of the Work Products delivered by Party B at that time, Party A shall have the right to terminate the Agreement and the corresponding series of contracts and require Party B to refund all payments made by Party A in respect of such order, and Party B shall pay Party A 100% of the total production cost of all orders within 12 months prior to the date of the infringement under the Agreement as liquidated damages.
6.7 If Party B breaches clause 2.4(13) of the Agreement, regardless of whether Party A has confirmed acceptance of the Work Products delivered by Party B;
6. If , Party A shall have the right to terminate the Agreement and the corresponding series of contracts and require Party B cancels or changes the order without authorizationto refund all payments made by Party A in respect of such order, it and Party B shall pay 20Party A 100% of the order price total production costs of all orders within the 12 months prior to the date of the infringement under the Agreement as liquidated damages and compensate Party A for all losses such as stocking, labor and profitdamages.
Appears in 1 contract
Liability for Breach of Contract. 1. Party A and must promptly pay Advertisement Agency Fee to Party B in accordance with this Agreement. Party B shall strictly perform be entitled to suspend the terms stipulated publication of the advertisements submitted by Party A in the agreementevent of a delay in such payment which exceeds 10 days and to require Party A to pay a delinquent payment equivalent to 5% of the amount overdue. If one party breaches the contractdelay in payment should persist beyond 30 days Party B shall, in addition to the breaching party shall bear requirement for Party A to pay the liability aforesaid delinquent payment, be entitled to terminate this Agreement and to require Party A to pay the sum of RMB500,000.00 as damages for breach of contract according and if the actual extent of loss thereby occasioned to Party B (the contractamount which under the stipulation of this Agreement should be receivable by Party B from Party A and which has not been received by reason of the breach of contract on the part of Party A) shall exceed the aforesaid amount then Party B shall also be entitled to claim compensation accordingly.
2. If Party B must in accordance with the product is delivered stipulations in this Agreement appoint Party A as the exclusive agent to deal with the advertisement time slots as stipulated under Section 2 hereof and must ensure the punctual publication of the promotional materials in the advertisements provided by Party A and the proper and normal operation of such publication activity. In Party B should stop the publication of Party A’s advertisements without authorization (except for Clause 1 in Section 2) Party A shall be entitled to require Party B to pay back the Advertisement Agency Fee in respect of the relevant year of agency in respect of the period of time in which the publication of advertisements has been so disrupted and be entitled to require Party B to pay a delinquent payment in respect of each day in Party B’s stoppage in publication of such advertisement equivalent to 5% of the amount of the Advertisement Agency Fee for the then current year of agency. If the delay should persist beyond 30 days Party A shall, in addition to the requirement for Party B to pay the aforesaid delinquent payment, be entitled to terminate this Agreement and to require Party B to pay the sum of RMB500,000.00 as damages for breach of contract and if the actual extent of loss thereby occasioned to Party B A (proportional sums and Party B fails to raise any objection expenses with regard to the product quality within duration of Party B’s failure in the acceptance period, publication of advertisements in respect of which payments have already been made as stipulated in this Agreement ) shall exceed the aforesaid amount then Party B shall not apply for return or replacement; If the product quality problems caused by Party B due also be entitled to Party B's reasons or the intervention of a third party, which are not caused by the product itself, and caused by Party B's failure to raise any objection within the time limit since the date of acceptance, Party A can repair and rework the products, and Party B shall bear the rework service fee, material fee, processing fee, labor wages and other expenses incurred by Party A;
3. If the payment is not made in advance and then delivered, the ownership of the goods stipulated in this agreement still belongs to Party A before Party B pays off the payment, and Party A has the right to take back the goods at any time. Meanwhile, before this, Party B shall properly keep the goods and ensure that they are intact. If there is any damage, Party B shall compensate Party A according to the price of the goods agreed in the agreement. If the amount is not enough to make up for the losses, it shall also compensate Party A for all lossesclaim compensation accordingly.
4. If Party B violates the agreement or refuses to perform the cooperation content during the cooperation period of this agreement, and refuses to perform or even withdraws from the cooperation after being urged by Party A, Party A has the right not to return the initial fee paid by Party B as a security deposit; At the same time, Party B shall cooperate with Party A to return all cooperation materials such as cooperation project materials and trademark product authorization documents, and compensate all economic losses suffered by Party A;
5. If Party B violates this agreement and causes losses to Party A, all expenses (including but not limited to attorney fees, legal fees, arbitration fees, announcement fees, preservation fees, guarantee fees, appraisal fees and auction evaluation fees) incurred by Party A for safeguarding its own legitimate rights and interests shall be borne by Party B;
6. If Party B cancels or changes the order without authorization, it shall pay 20% of the order price as liquidated damages and compensate Party A for all losses such as stocking, labor and profit.
Appears in 1 contract
Liability for Breach of Contract. 1. 12-1 When the house is delivered for acceptance, Party A guarantees that the existing decoration, ancillary facilities and Party B shall strictly perform the terms stipulated in the agreement. If one party breaches the contract, the breaching party shall bear the liability for breach of contract according to the contractequipment can be used normally.
212-2 Party A should ensure that the ownership of the house is clear and has the right to sign this contract (if there is a co-owner, ensure that the consent and authorization of the co-owner have been obtained). If the product is delivered Any disputes arising from house ownership disputes or objections from co-owners shall be handled by Party A by itself, and any losses caused to Party B and Party B fails to raise any objection to the product quality within the acceptance period, Party B shall not apply for return or replacement; If the product quality problems caused by Party B due to Party B's reasons or the intervention of a third party, which are not caused by the product itself, and caused by Party B's failure to raise any objection within the time limit since the date of acceptance, Party A can repair and rework the products, and Party B shall bear the rework service fee, material fee, processing fee, labor wages and other expenses incurred by Party A;
3. If the payment is not made in advance and then delivered, the ownership of the goods stipulated in this agreement still belongs to Party A before Party B pays off the payment, and Party A has the right to take back the goods at any time. Meanwhile, before this, Party B shall properly keep the goods and ensure that they are intact. If there is any damage, Party B shall compensate Party A according to the price of the goods agreed in the agreement. If the amount is not enough to make up for the losses, it shall also compensate Party A for all losses.
4. If Party B violates the agreement or refuses to perform the cooperation content during the cooperation period of this agreement, and refuses to perform or even withdraws from the cooperation after being urged by Party A, Party A has the right not to return the initial fee paid by Party B as a security deposit; At the same time, Party B shall cooperate with Party A to return all cooperation materials such as cooperation project materials and trademark product authorization documents, and compensate all economic losses suffered by Party A;
5. If Party B violates this agreement and causes losses to Party A, all expenses (including but not limited to attorney fees, legal fees, arbitration fees, announcement fees, preservation fees, guarantee fees, appraisal fees and auction evaluation fees) incurred by Party A for safeguarding its own legitimate rights and interests C shall be borne by Party A. If Party A fails to inform Party B at the beginning of this contract that the house has been mortgaged before being rented out, causing Party B economic losses, Party A shall be responsible for compensation.
12-3 During the lease period, if Party A fails to perform the repair and maintenance responsibilities stipulated in this contract in a timely manner, causing damage to the house and its ancillary facilities and equipment, resulting in property loss or personal injury to Party B;, Party A shall be liable for compensation.
6. 12-4 If Party B cancels renovates the house or changes adds ancillary facilities without Party A’s written consent or exceeds the order without authorizationscope of Party A’s written consent, it Party A may require Party B to restore the house to its original condition and compensate for losses.
12-5 During the lease period, if Party A terminates the contract in advance due to circumstances other than those stipulated in this contract, Party A shall negotiate with Party B and pay 20100% of the order price monthly rent as liquidated damages and compensate to Party B. If the liquidated damages are insufficient to cover Party B’s losses, Party A shall also be responsible for all losses such compensation. Party A shall not take back the house in advance without reaching an agreement with Party B.
12-6 During the lease period, if Party B cancels the lease midway due to circumstances other than those stipulated in this contract, Party B shall negotiate with Party A and pay 100% of the monthly rent as stockingliquidated damages to Party A. If the liquidated damages are insufficient to cover Party A’s losses, labor and profit.Party B shall also be responsible for compensation. Party B shall not cancel the lease in advance without reaching an agreement with Party A.
Appears in 1 contract
Samples: Rental Contract (HUHUTECH International Group Inc.)
Liability for Breach of Contract. 1. Party A 5.1 Where the Contract cannot be performed for reasons attributable not to the parties hereto, both parties shall negotiate first, and Party B shall strictly then decide whether to continue to perform the terms stipulated Contract based on the specific situation. Both parties shall sign a written supplementary agreement in this regard, which shall have the agreementsame legal effect as the Contract. If one Either party breaches hereto shall be liable to the contractother party for its breach of contract for reasons of a third party. Any dispute between either party hereto and a third party shall be settled in accordance with the provisions of law or as agreed.
5.2 Where either party expressly states or indicates by its behavior that it will not perform its obligations hereunder, the breaching other party shall bear the may require it to assume liability for breach of contract according or directly rescind the Contract prior to the contractexpiration of the performance period.
25.3 Party A shall be liable for all legal consequences arising from the infringement upon the legitimate rights and interests of a third party due to Party A’s provision of false or illegal advertising content, qualification certificate and proof of ownership. If Party B shall only conduct formal review of the product is delivered legality of the materials provided by Party A and shall not be responsible for the legality of the materials. Party B’s review does not mean that Party B assumes any form of legal responsibility for the advertisement content and presentation mode. After the advertisement is released and broadcast, Party A shall bear all legal liabilities arising from the content and presentation mode of advertisements, and shall be responsible for compensation for any loss caused to Party B and Party B fails to raise any objection to the product quality within the acceptance period, B. Party B shall not apply for return or replacement; If have the product quality problems caused by Party B due right to Party B's reasons or stop the intervention broadcast of a third party, which are not caused by the product itself, and caused by Party B's failure to raise advertisement without bearing any objection within responsibility. In case of changing the time limit since the date of acceptancematerials, Party A can repair and rework shall submit them to the productsmedia for review 10 working days in advance.
5.4 During the validity hereof, if Party A needs to terminate this Contract in advance for good reasons, Party A shall negotiate with Party B 30 working days in advance, and Party B shall bear the rework service fee, material fee, processing fee, labor wages Contract may be terminated in writing through negotiation after both parties have approved and other expenses incurred by Party A;
3. If the payment is not made in advance and then delivered, the ownership of the goods stipulated in this agreement still belongs to Party A before Party B pays off the payment, and Party A has the right to take back the goods at any time. Meanwhile, before this, Party B shall properly keep the goods and ensure that they are intact. If there is any damage, Party B shall compensate Party A according to the price of the goods agreed in the agreement. If the amount is not enough to make up for the losses, it shall also compensate Party A for all losses.
4agreed. If Party B violates is not at fault, the agreement or refuses to perform the cooperation content during the cooperation period of this agreement, and refuses to perform or even withdraws from the cooperation after being urged by Party A, fees already charged shall not be refunded.
5.5 Party A has shall be solely responsible for the right not to return fluctuation of media advertising policies caused by the initial fee paid by reduction of the advertising amount agreed in the signed Schedule for reasons of Party B as A. In case a security deposit; At deposit is involved, both parties shall negotiate and confirm the same timecorresponding security deposit and sign it into the Schedule, Party B shall cooperate with Party A to return all cooperation materials such as cooperation project materials and trademark product authorization documents, and compensate all economic losses suffered by Party A;
5. If Party B violates this agreement and causes losses to Party A, all expenses (including which includes but not limited to attorney fees, legal fees, arbitration fees, announcement fees, preservation fees, guarantee fees, appraisal fees the security deposit and auction evaluation fees) incurred by Party A for safeguarding its own legitimate rights and interests shall be liquidated damages borne by Party B;B to the media as a result. Both parties shall, within 30 days after the date of termination of this Contract, settle the relevant advertising fees/liquidated damages according to the actual release of the advertisements as agreed.
6. If Party B cancels 5.6 Where either party fails to perform its obligations hereunder or changes fails to perform its obligations in conformity with the order without authorizationprovisions hereof, it shall pay 20% compensate for any other losses caused to the other party after performing its obligations or taking remedial measures. The amount of such compensation shall be equal to the losses caused by the breach of contract, including the benefits that can be obtained after the performance of the order price as liquidated damages and compensate Party A for all Contract, provided that it shall not exceed the possible losses such as stocking, labor and profitcaused by the breach of contract that the party in breach of contract foresaw or should have foreseen at the time of the conclusion of the contract.
Appears in 1 contract
Samples: Advertising Service Agreement (Universe Pharmaceuticals INC)
Liability for Breach of Contract. 1. Liability for breach of contract for overdue delivery If Party B fails to complete and deliver the project agreed by the parties within the time set forth herein for no reason, Party A shall have the right of requiring Party B to pay liquidated damages as agreed, and additionally, have the right to require Party B to make compensation and take remedial actions and continue to perform the obligations set forth herein. The liquidated damages standards are as follow:
1) For each day of the delayed delivery, Party B shall pay liquidated damages equal to 1% of the contract price to Party;
2) If the delay exceeds 10 days and Party B still delays the delivery without reason after party A urges party B twice, Party A shall have the right to terminate the contract and Party B shall strictly perform refund the terms stipulated production cost already paid by Party A.
2. Liability for breach of contract if the project results do not meet Party A’s requirements: Party B shall deliver the project results to Party A in strict accordance with the agreementagreed standards and shall be responsible for the deliverables. If one party breaches the contractproject results delivered by Party B do not meet Party A’s requirements, Party A shall have the breaching party shall bear right to require Party B to assume the liability for breach of contract according to the contract.
2. If the product is delivered by Party A to Party B and Party B fails to raise any objection to the product quality within the acceptance period, Party B shall not apply for return or replacement; If the product quality problems caused by Party B due to Party B's reasons or the intervention of a third party, which are not caused by the product itself, and caused by Party B's failure to raise any objection within the time limit since the date of acceptance, Party A can repair and rework the products, and Party B shall bear the rework service fee, material fee, processing fee, labor wages and other expenses incurred by Party A;
3. If the payment is not made in advance and then delivered, the ownership of the goods stipulated in this agreement still belongs to Party A before Party B pays off the payment, and following standards: Party A has the right to take back the goods at any time. Meanwhile, before this, request Party B to modify the contents of the project that do not conform to the agreement (the modified part shall properly keep not exceed the goods and ensure that they are intact. If scope of initial requirements agreed by both parties; if there is any damageother needs to add production content, both parties shall negotiate timeframe and other details separately in a written format) until it meets Party A’s requirements.
3. If Party A fails to make payment within the time limit specified in the contract, Party A shall pay party B shall compensate Party A according to the price 1% of the goods agreed in due and unpaid amount of the agreement. If current period as liquidated damages for each delayed business day, but the total amount is of the liquidated damages shall not enough to make up for exceed 10% of the losses, it shall also compensate Party A for all lossesdue and unpaid amount.
4. If Party B violates terminates or suspends the agreement or refuses to perform the cooperation content during the cooperation period of this agreement, and refuses to perform or even withdraws from the cooperation after being urged by Party A, Party A has the right not to return the initial fee paid by Party B as a security deposit; At the same timecontract unilaterally without authorization, Party B shall cooperate with Party A to return bear all cooperation materials such as cooperation project materials and trademark product authorization documents, and compensate all the economic losses suffered by Party A;
5. If Party B violates this agreement and causes losses to Party A, all expenses (including but not limited to attorney fees, legal fees, arbitration fees, announcement fees, preservation fees, guarantee fees, appraisal fees and auction evaluation fees) incurred by Party A for safeguarding its own legitimate rights and interests shall be borne by Party B;
6. If Party B cancels or changes the order without authorization, it shall pay 20% of the order price as liquidated damages and compensate Party A for all losses such as stocking, labor and profit.A.
Appears in 1 contract
Samples: Technology Consulting Agreement (JX Luxventure LTD)
Liability for Breach of Contract. 1. 11.1 Party A and Party B shall strictly perform the terms stipulated in the agreement. If one party breaches the contract, the breaching party shall bear the liability B’s liabilities for breach of contract according to the contract.:
2. 11.1.1 If the product is delivered by Party A to Party B and Party B fails to raise any objection provide services, or commence or complete work as stipulated in the Contract due to the product quality within the acceptance periodits own responsibility, Party B shall pay liquidated damages of % of the contract amount for each day of delay to Party A from the 31st day after the due date. The amount of the liquidated damages shall not apply exceed % of the total contract amount.
11.1.2 The liability of Party B under this Contract is limited to direct losses. Party B shall not be liable for return any indirect losses, including but not limited to data loss, profit loss, or replacement; goodwill loss. Regardless of any contrary provisions in this Contract, the total liability of Party B under this Contract, whether based on breach of contract, infringement or others, including liquidated damages, shall not exceed % of the amount paid by Party A for the services as subject matter under the Contract.
11.2 Party A’s liabilities for breach of contract:
11.2.1 If Party A fails to pay the contract amount on time, Party A shall pay Party B liquidated damages of % of the overdue payment by the day from the due date, and the amount of such liquidated damages shall not exceed % of the total amount of overdue payment. In addition, Party B shall extend the date of providing services under this Contract to Party A accordingly. If Party A breaches the contract for more than 30 days, Party B has the right to dissolve this Contract and hold Party A responsible for the breach of contract.
11.2.2 If the product quality problems caused order is canceled due to the fault of Party A, Party B’s consent must be obtained. If Party B agrees to Party A’s cancellation, Party A shall pay Party B liquidated damages of % of the contract amount for the canceled order. If the service provided by Party B due to Party B's reasons or the intervention of a third party, which are not caused by the product itself, and caused by Party B's failure to raise any objection within the time limit since the date of acceptanceis customized, Party A can repair and rework has no right to cancel the productsorder. Otherwise, and Party A shall pay Party B shall bear the rework service fee, material fee, processing fee, labor wages and other expenses incurred by Party A;
3. If the payment is not made in advance and then delivered, the ownership liquidated damages of % of the goods stipulated in this agreement still belongs contract amount.
11.2.3 If Party A fails to make payment on time, Party A shall also pay interest to Party A before B at the benchmark interest rate of RMB loans from financial institutions published by the People’s Bank of China from the due date. At the same time, Party B pays off the payment, and Party A has the right to take back the goods at any timevehicles and offset the debt through auction, sale, or collateral. Meanwhile, before this, Party B shall properly keep the goods and ensure that they are intact. If there is any damage, Party B shall compensate Party A according to the price of the goods agreed in the agreement. If the amount is not enough to make up for the losses, it shall also compensate Party A for all losses.
4. If Party B violates the agreement or refuses to perform the cooperation content during the cooperation period of this agreement, and refuses to perform or even withdraws from the cooperation after being urged by Party A, Party A has the right not to return the initial fee paid by Party B as a security deposit; At the same time, Party B shall cooperate with Party A to return all cooperation materials such as cooperation project materials and trademark product authorization documents, and compensate all economic losses suffered by Party A;
5. If Party B violates this agreement and causes losses to Party A, all All expenses incurred therefrom (including but not limited to attorney lawyer fees, legal towing fees, arbitration feestravel expenses, announcement fees, preservation fees, guarantee fees, appraisal fees and auction evaluation feesother expenses incurred to realize the creditor’s rights) incurred by Party A for safeguarding its own legitimate rights and interests shall be borne by Party B;A.
6. If Party B cancels or changes 11.3 When the order without authorizationobservant party requires the default party to pay liquidated damages according to the above default clause, it shall notify the default party in writing, and state the amount of liquidated damages. The default party shall pay 20the liquidated damages to the other party within ten days upon receiving the notice. If the default party has any objection to the amount of liquidated damages or compensation, it shall notify the other party within one week after receiving the notice. Both parties shall negotiate to clarify the liability for breach of contract as soon as possible after receiving the notice or response from the other party. The default party shall pay the liquidated damages to the other party within ten days after reaching an agreement on the amount of the liquidated damages.
11.4 When calculating the above default time, the period of delay due to force majeure in Article 10 shall be deducted.
11.5 If Party A violates the integrity and anti-bribery provisions, Party B has the right to dissolve the Contract and cancel Party A’s qualification for business cooperation, and Party A shall bear liquidated damages of % of the order price as liquidated damages and compensate contract amount or equivalent to illegal benefits obtained by Party A for all losses such as stocking, labor and profit.A.
Appears in 1 contract
Samples: Agreement on Automatic Driving Project Cooperation and Vehicle Purchase (WeRide Inc.)
Liability for Breach of Contract. 17.1 If Party B unilaterally terminates the contract within 3 months from the date of commencement of the lease period without any specified or agreed-upon reason, it shall be considered a breach of contract by Party B. In such a case, Party A has the right to confiscate 60% of Party B's lease deposit. If Party B unilaterally terminates the contract without any specified or agreed-upon reason after 3 months from the date of commencement of the lease period, it shall also be considered a breach of contract by Party B. Party A can then confiscate 50% of Party B's lease deposit. Party B must submit a written application at least 1 month in advance; otherwise, Party A has the right to confiscate Party B's entire lease deposit. After Party A confirms the application, Party B must vacate the premises on the agreed-upon date. Party B must return the leased premises, along with its attached facilities, in their original condition (excluding natural damage and normal wear and tear) to Party A on the agreed-upon date (i.e., the day of contract termination) as per the terms of this Lease Agreement. If Party B fails to return the premises on time, Party A has the right to confiscate the remaining lease deposit. If the delay exceeds 7 days, Party B is deemed to have permanently forfeited ownership of all items within the leased premises. Party A can then take possession of and reclaim the leased premises. Party B shall strictly perform cannot raise any objections and must bear all economic losses resulting from this.
7.2 If the lease term expires or this lease contract is terminated in accordance with the law (including termination) and both parties do not renew it, Party B must return the leased premises, along with its attached facilities, in their original condition (excluding natural damage and normal wear and tear) to Party A and cancel all industry, commerce, tax, and other relevant registrations of the leased premises no later than the last day of the lease term or the termination of the lease contract, as per the terms of this Lease Agreement. If Party B fails to return the leased premises on time, Party A has the right to confiscate 50% of Party B's lease deposit. Furthermore, for each day of delay, Party A has the right to deduct a double rental fee from Party B's lease deposit based on the rental fee specified in the lease contract termination day. If the delay exceeds 7 days, Party B is considered to have permanently forfeited ownership of all items within the leased premises. Party A can then take possession of and reclaim the leased premises. Party B cannot raise any objections to this and must bear all economic losses resulting from it.
7.3 During the lease term, if Party B's fundamental breach of contract leads to the termination of this lease agreement, Party A has the right to reclaim the leased premises, confiscate the lease deposit, and demand that Party B assume other breach of contract responsibilities. Party B must return the leased premises, along with their attached facilities, in complete condition (excluding natural damage and normal wear and tear) to Party A within the timeframe specified in the “Termination Notice.” Party B must also cancel all industry, commerce, taxation, and other relevant registrations associated with the leased premises. If Party B fails to return the leased premises beyond the specified deadline, Party B will be deemed to have permanently relinquished ownership of all items within the leased premises. Party A has the right to take possession of and reclaim the leased premises. Party B is not entitled to raise any objections and shall bear all resulting economic losses.
7.4 Party B must timely pay all required fees to Party A as stipulated in the agreement. If one party breaches payment is overdue by more than 30 days, Party A has the contractunilateral right to terminate this lease agreement, take back the breaching party shall bear leased premises, confiscate the liability for lease deposit, and require Party B to assume other breach of contract according to the contractresponsibilities.
2. 7.5 If the product is delivered by Party A to Party B and Party B fails to raise any objection timely cancel the registrations related to the product quality within the acceptance periodleased premises for industry and commerce, taxation, etc., Party B shall not apply A has the right to deduct liquidated damages from Party B's lease deposit for return each day of delay based on the lease fee rate applicable on the lease term expiration date or replacement; lease contract termination date (including termination). If the product quality problems caused delay exceeds 3 months, Party A has the right to confiscate Party B's entire lease deposit and seek recovery for any outstanding amounts.
7.6 Failure by Party B due to Party B's reasons or comply with the intervention provisions of Article 5.3 of this Agreement shall constitute a third party, which are not caused by the product itself, and caused by Party B's failure to raise any objection within the time limit since the date breach of acceptance, Party A can repair and rework the products, and Party B shall bear the rework service fee, material fee, processing fee, labor wages and other expenses incurred by Party A;
3. If the payment is not made in advance and then delivered, the ownership of the goods stipulated in this agreement still belongs to Party A before Party B pays off the paymentcontract, and Party A has the right to take back retain 50% of Party B's lease deposit.
7.7 Party B's violation of the goods obligations stipulated in Article 5.15 of this Lease Agreement shall be considered a breach of contract, and an amount equivalent to the current month's lease fee payable by Party B (including rent and management fees) shall be deducted from Party B's paid Xxxxx Xxxxxxx.
7.8 Party B is required to cooperate with and accept management, supervision, and inspections conducted by Party A and the property service center appointed by Party A. In response to emergencies, such as the outbreak of new coronaviruses or other measures taken by the state, government agencies at any time. Meanwhileall levels, before thisor Sun Yat-sen University, Party B shall properly keep the goods must cooperate and ensure that they are intact. If there is any damage, Party B shall compensate Party A according to the price of the goods agreed in the agreement. If the amount is not enough to make up for the losses, it shall also compensate Party A for all losses.
4fulfill its responsibilities as required. If Party B violates the agreement or refuses to perform the cooperation content during the cooperation period of this agreementcooperate (including, but not limited to, failing to provide required data or information, spreading malicious rumors, or defaming Party A), and refuses to perform or even withdraws from does not rectify the cooperation situation after being urged reminded by Party A, Party A has the right not to return unilaterally terminate the initial fee paid by contract and confiscate Party B as a security B's lease deposit; At the same time. If Party B's actions cause adverse effects or economic losses to Party A or third parties, Party B shall cooperate with must promptly address the issues and compensate for any resulting losses. In cases of severe impact or serious consequences, Party A has the right to return all cooperation materials such as cooperation project materials and trademark product authorization documents, and compensate all economic losses suffered by Party A;
5. If refer Party B violates this agreement and causes losses to Party A, all expenses (including but not limited to attorney fees, legal fees, arbitration fees, announcement fees, preservation fees, guarantee fees, appraisal fees and auction evaluation fees) incurred by Party A relevant state authorities for safeguarding its own legitimate rights and interests shall be borne by Party B;
6. If Party B cancels or changes the order without authorization, it shall pay 20% of the order price as liquidated damages and compensate Party A for all losses such as stocking, labor and profitfurther action.
Appears in 1 contract
Samples: Housing Lease Contract (3 E Network Technology Group LTD)
Liability for Breach of Contract. 1. 9.1 If Party B provides Party A with false or invalid certificates or other relevant supporting documents, as a result of which Party A publishes erroneous, false, illegal and malicious information on “WXX000.xxx Website” or conducts other acts contrary to the provisions of this Agreement, and any losses are caused to Party A and/or “WXX000.xxx” (including but not limited to litigation fees, lawyer fees, investigation fees, notarization fees, appraisal fees, insurance fee, guarantee fee, execution fee, compensation, administrative penalty, travel expenses, etc.), Party B agrees that Party A may deduct such losses from the deposit and unsettled goods payments, unless otherwise stipulated in this Agreement.
9.2 Party B shall strictly perform have the terms stipulated right to deduct all of Party B’s deposit as liquidated damages and reserve the right to continue to hold Party B liable for breach of contract if Party B attracts Party A’s Users to other websites, platforms or places than “WXX000.xxx Website” for trading, bypasses the payment method designated by Party A, illegally obtains the system data of “WXX000.xxx Website”, or uses the “WXX000.xxx Website” to seek illegitimate interests or engage in illegal activities.
9.3 In case Party B violates this Agreement and the agreement. If one party breaches rules of WXX000.xxx Website, Party A shall not only have the contract, the breaching party shall bear the liability right to hold Party B liable for breach of contract according to the contract.
2. If the product is delivered by Party A to Party B and Party B fails to raise any objection to the product quality within the acceptance periodprovisions of this Article, Party B shall not apply for return or replacement; If the product quality problems caused by Party B due to Party B's reasons or the intervention of a third party, which are not caused by the product itself, and caused by Party B's failure to raise any objection within the time limit since the date of acceptance, Party A can repair and rework the products, and Party B shall bear the rework service fee, material fee, processing fee, labor wages and other expenses incurred by Party A;
3. If the payment is not made in advance and then delivered, the ownership of the goods stipulated in this agreement still belongs to Party A before Party B pays off the payment, and Party A has but also have the right to take back measures such as products removal, suspension of product information presentation, temporary closure of Party B’s background management account, suspension of outstanding payments and termination of cooperation in accordance with the goods at any timerelevant management rules of “WXX000.xxx Website”. Meanwhile, before this, Party B shall properly keep the goods and ensure that they are intact. If there is any damage, Party B shall compensate Party A according shall have the right to recover the price losses in case of the goods agreed in the agreement. If the amount is not enough to make up for the losses, it shall also compensate Party A for all any other losses.
4. If Party B violates the agreement or refuses to perform the cooperation content during the cooperation period of this agreement, and refuses to perform or even withdraws from the cooperation after being urged by Party A, Party A has the right not to return the initial fee paid by Party B as a security deposit; At the same time, Party B shall cooperate with Party A to return all cooperation materials such as cooperation project materials and trademark product authorization documents, and compensate all economic losses suffered by Party A;
5. If Party B violates this agreement and causes losses to Party A, all expenses (including but not limited to attorney fees, legal fees, arbitration fees, announcement fees, preservation fees, guarantee fees, appraisal fees and auction evaluation fees) incurred by Party A for safeguarding its own legitimate rights and interests shall be borne by Party B;
6. If Party B cancels or changes the order without authorization, it shall pay 20% of the order price as liquidated damages and compensate Party A for all losses such as stocking, labor and profit.
Appears in 1 contract
Samples: E Commerce Cooperation Agreement (Wunong Net Technology Co LTD)
Liability for Breach of Contract. 1. 11.1 If Party B breaches any provision hereof, Party A shall have the right to terminate this contract unless otherwise agreed herein. In addition, Party A shall still have the right to claim indemnity against Party B and other claims permitted by law.
11.2 If Party B fails to perform its obligations hereunder, Party A may perform such obligations by itself or entrust others to do so, and all expenses incurred thereby shall be borne by Party B. Meanwhile, Party A shall charge corresponding management fee equal to 20% of the expenses incurred.
11.3 If Party B subcontracts any part or all of this contract without prior written consent of Party A, Party A shall have the right to terminate this contract and require Party B to pay 30% of the purchase amount as liquidated damages, and Party A shall have the right to suspend all payments due until such unauthorized subcontracting behavior is fully corrected.
11.4 If Party B breaches its obligations under the clause “intellectual property rights” in this contract, Party A shall have the right to immediately dissolve this contract and require Party B to compensate for all losses.
11.5 In case of any property loss or personal injury caused by Party B or its employees, Party B’s suppliers or subcontractors (if any), Party B shall strictly perform be fully liable for compensation and ensure that Party A is not subject to any claim or penalty in any form, otherwise, Party A shall have the terms stipulated in right to claim compensation from Party B.
11.6 Party B shall not refuse the agreement. project requirements proposed by Party A. If one party breaches the contractParty B refuses it, the breaching party it shall bear the relevant liability for breach of contract according to the contract.
2. If the product is delivered by Party A to Party B and Party B fails to raise any objection to the product quality within the acceptance period, Party B shall not apply for return or replacement; If the product quality problems caused by Party B due to Party B's reasons or the intervention of a third party, which are not caused by the product itself, and caused by Party B's failure to raise any objection within the time limit since the date of acceptance, Party A can repair and rework the products, and Party B shall bear the rework service fee, material fee, processing fee, labor wages and other expenses incurred by Party A;
3. If the payment is not made in advance and then delivered, the ownership of the goods stipulated in this agreement still belongs to Party A before Party B pays off the payment, and Party A has the right to take back the goods at any time. Meanwhile, before this, Party B shall properly keep the goods and ensure that they are intact. If there is any damage, Party B shall compensate Party A according to the price a penalty of the goods agreed in the agreement. If the amount is not enough to make up 100,000 yuan for the losses, it shall also compensate Party A for all losses.
4rejecting one single item. If Party B violates is unable to undertake the agreement or refuses to perform the cooperation content during the cooperation period single item of this agreementParty A under special circumstances, and refuses to perform or even withdraws from the cooperation after being urged it shall communicate with Party A. Upon confirmation by Party A, Party A B may not be liable for the relevant breach of contract.
11.7 For a single item of Party A, after Party B has the right not confirmed in writing to return the initial fee paid undertake it, if Party B quits it unilaterally, it shall be confirmed in writing by Party A. If Party B as a security deposit; At unilaterally quits it without Party A’s confirmation and affects the same timeimplementation of Party A’s item, Party B shall cooperate with bear all losses incurred in the item, and Party A shall require Party B to return all cooperation materials such pay 200,000 yuan as cooperation project liquidated damages.
11.8 Party B shall provide the scheme based on Party A’s requirements and expected effect, and shall make implementation in accordance with the planning scheme confirmed in writing by both parties, and shall accept Party A’s supervision and guidance, and shall not alter the plan without Party A’s written permission.
11.9 If Party B breaches this contract and Party A assumes the liability for compensation due to this, Party A may suspend the payment to Party B or directly deduct the compensation from the amount payable to Party B, provided that Party A shall give a timely notice to Party B. If the amount payable is insufficient to compensate for the relevant injury or loss, Party A shall have the right to require Party B to continue to make up for it.
11.10 If Party B breaches this contract and still fails to meet Party A’s requirements within 5 days upon Party A’s written notice to Party B for rectification, Party A shall have the right to immediately dissolve this contract, and shall have the right to require Party B to refund the corresponding amount which has been paid, and bear no less than 30% of the cost of the single item or require Party B to pay liquidated damages of 200,000 yuan as liquidated damages (whichever is higher).
11.11 If the subject matter delivered by Party B fails to meet the standards agreed herein, Party A shall have the right to reject it and/or request for rectification and/or termination of this contract, and Party B shall still be liable for Party A’s losses and assume 30% of the contract amount for breach of contract. Upon receipt of the liquidated damages, Party A shall issue a financial receipt to Party B. Within the period in which Party B is responsible for the quality, if there is any quality problem with the subject matter, Party B shall be responsible for repairing, replacing or returning the product within a reasonable period. Any loss caused to Party A due to the quality problem of the subject matter shall be borne by Party B.
11.12 Party B shall deliver the relevant documents, materials and trademark product authorization documentsfinal products to Party A in accordance with the requirements and time specified in this contract and the Statement of Account (Attachment 7), and compensate all economic losses suffered by otherwise, Party A;
5B shall pay liquidated damages equal to 1% of the total amount in the Statement of Account to Party A on daily basis. If Party B violates delays delivery for more than 10 days, Party A shall have the right to dissolve this agreement contract, and causes losses Party B shall pay liquidated damages equal to 20% of the total amount in the Statement of Account to Party A.
11.13 In order to avoid any conflict of interest, Party B shall notify Party A 60 days prior to the date of occurrence of any of such circumstances if Party B has been involved with the circumstances mentioned in Item 18 of Article 6 or will be involved with it in the future, and obtain written consent of Party A. At that time, Party A shall have the right to dissolve this contract or choose to continue to perform this contract; If Party A chooses to dissolve this contract, Party B shall pay Party A [500,000] yuan as liquidated damages. If Party B refuses to make the payment, Party A shall have the right to deduct it directly from any payables of Party A or Party A’s affiliated companies to Party B; If Party A chooses to continue to perform this contract, all expenses Party B shall set up a firewall (including but not limited to attorney feesdistinguishing team members, legal feesdata classification management and other means) to ensure that Party A’s trade secrets will not be disclosed, arbitration feesmeanwhile, announcement feesboth parties shall renegotiate the contract terms, preservation feesetc.
12.1 During the performance of this contract, guarantee fees, appraisal fees and auction evaluation fees) incurred by Party A for safeguarding its own legitimate rights shall have the right to terminate or dissolve this contract 15 natural days in advance, and interests shall be borne by Party B;
6. If Party B cancels or changes the order without authorization, it shall pay 20% of the order price as liquidated damages and compensate Party A shall not be liable for all losses such as stockingbreach of contract.
12.2 The termination of this contract shall not affect the service guarantee, labor after-sales service, liability for breach of contract, confidentiality obligation, anti-commercial bribery and profitother obligations of both parties according to law and agreement.
Appears in 1 contract
Samples: Annual Framework Contract for Video Production (GLORY STAR NEW MEDIA GROUP HOLDINGS LTD)
Liability for Breach of Contract. (1) If Party A breaches the contract and causes the contract to be unable to be fulfilled, Party A shall return the deposit to Party B twice the amount. If Party B breaches the contract and causes the contract to be unable to be fulfilled, the deposit paid shall not be refunded. Party who causes losses to the other party due to breach of contract shall also bear the liability for compensation.
(2) Party A and shall deliver the forest land to Party B shall strictly perform on time according to the terms stipulated in the agreementcontract. If Party A is overdue for one party breaches day, Party A shall pay a late fee of 0.05‰ of the payable transfer price to Party B. If Party A is overdue for 90 days, Party B has the right to terminate the contract, the breaching party and Party A shall bear the liability for breach of contract.
(3) If the procedures for the transferred forest land by Party A are illegal, or there is a dispute over the ownership of the forest land and trees, which causes the entire or part of the contract to be unable to be fulfilled, Party A shall bear the liability for breach of contract. If Party A violates the contract and interferes with or destroys the normal production and operation activities of Party B, Party B has the right to unilaterally terminate the contract, and Party A shall bear the liability for breach of contract.
(4) Party B shall pay the full transfer price of the forest land and trees to Party A on time according to the contract.
2. If the product is delivered by Party A to Party B and Party B fails to raise any objection to the product quality within the acceptance periodis overdue for one day, Party B shall not apply pay a late fee of 0.05‰ of the payable transfer price for return or replacement; this period (year) to Party A. If the product quality problems caused by Party B due to Party B's reasons or the intervention of a third party, which are not caused by the product itself, and caused by Party B's failure to raise any objection within the time limit since the date of acceptanceis overdue for 90 days, Party A can repair and rework has the productsright to unilaterally terminate the contract, and Party B shall bear the rework service feeliability for breach of contract.
(5) After the agreed period for forestation and afforestation by Xxxxx passes, material fee, processing fee, labor wages and other expenses incurred by Party A;
3. If the payment is not made in advance and then delivered, the ownership of the goods stipulated in this agreement still belongs to Party A before if Party B pays off fails to fulfill the paymentagreement, and Party A has the right to take back reclaim the goods at forest land that has not been afforested without any time. Meanwhile, before this, Party B shall properly keep the goods and ensure that they are intact. If there is any damage, Party B shall compensate Party A according to the price of the goods agreed in the agreement. If the amount is not enough to make up for the losses, it shall also compensate Party A for all lossescompensation.
4. (6) If Party B violates causes permanent damage to the agreement transferred forest land, or refuses changes the use of the forest land without permission, or causes serious damage to perform forest resources, which is confirmed by the cooperation content during forestry administrative department at or above the cooperation period of this agreement, and refuses to perform or even withdraws from the cooperation after being urged by Party Acounty level, Party A has the right not to return the initial fee paid by demand Party B as a security deposit; At to compensate for breach of contract and unilaterally terminate the same time, Party B shall cooperate with Party A to return all cooperation materials such as cooperation project materials and trademark product authorization documentscontract, and compensate all economic losses suffered by Party A;
5reclaim the right to operate and use the forest land. If Party B violates this agreement and causes losses to Party A, all expenses (including but The deposit collected shall not limited to attorney fees, legal fees, arbitration fees, announcement fees, preservation fees, guarantee fees, appraisal fees and auction evaluation fees) incurred by Party A for safeguarding its own legitimate rights and interests shall be borne by Party B;
6. If Party B cancels or changes the order without authorization, it shall pay 20% of the order price as liquidated damages and compensate Party A for all losses such as stocking, labor and profitrefunded.
Appears in 1 contract
Samples: Collective Forest Right Transfer Agreement (ORIENTAL RISE HOLDINGS LTD)
Liability for Breach of Contract. 1. Both Party A and Party B shall strictly fully perform the terms this contract. If either party fails to fulfill its obligations as stipulated in the agreement. If one party breaches the this contract, the breaching party it shall bear the liability for breach of contract according as stipulated under this contract. At the same time, the breaching party shall also compensate the aggrieved party for any losses incurred, including but not limited to the contractdirect economic losses, indirect economic losses, legal fees, investigation and evidence collection fees, litigation/arbitration fees, travel expenses, etc.
2. If the product is products and services delivered by Party A to Party B and Party B fails to raise any objection to do not meet the product quality within the acceptance periodprovisions of this contract, Party B shall not apply for return or replacement; If the product quality problems caused by Party B due to Party B's reasons or the intervention of a third party, which are not caused by the product itself, and caused by Party B's failure to raise any objection within the time limit since the date of acceptance, Party A can repair and rework the products, and Party B shall bear the rework service fee, material fee, processing fee, labor wages and other expenses incurred by Party A;
3. If the payment is not made in advance and then delivered, the ownership of the goods stipulated in this agreement still belongs to Party A before Party B pays off the payment, and Party A has the right to take back refuse acceptance, and Party B shall pay a penalty of 5% of the goods at any time. Meanwhile, before thistotal contract amount to Party A. If Party A agrees to a replacement, Party B shall properly keep re-provide a product that meets the goods and ensure that they are intactprovisions of this contract within 5 working days; otherwise, it will be treated as Party B's late delivery.
3. If there is any damage, Party B delivers late, it shall compensate pay a penalty of 0.05% of the total contract amount to Party A according to the price for each day of the goods agreed in the agreementdelay. If the amount is not enough to make up for the lossesdelay exceeds 15 days, it shall also compensate Party A for all losseshas the right to terminate the contract.
4. If Party A pays late, it shall pay a penalty of 0.05% of the overdue amount to Party B violates for each day of delay. If the agreement or refuses delay in payment exceeds 15 days, Party B has the right to perform terminate the cooperation content during the cooperation period of contract.
5. If Party B fails to provide maintenance services as stipulated in this agreement, and refuses to perform or even withdraws from the cooperation after being urged by Party Acontract, Party A has the right not to return entrust a third party to provide the initial fee paid technical support and after-sales service required by Party B as a security deposit; At A, and the same timeexpenses incurred shall be borne by Party B. If this causes any loss to Party A, Party B shall cooperate with bear the liability for compensation.
6. If the product quality under this contract causes personal injury, property damage, or liability accidents to Party A to return all cooperation materials such as cooperation project materials and trademark product authorization documentsand/or a third party, and compensate all economic losses suffered by Party A;
5. If Party B violates this agreement and causes losses to Party Ashall bear all the resulting responsibilities, all expenses (including but not limited to attorney litigation costs, attorney's fees, legal feesother expenses incurred to resolve disputes, arbitration feesand all the economic losses caused to Party A. Moreover, announcement feesParty A has the right to unilaterally terminate this contract. After Party A unilaterally terminates this contract, preservation feesin addition to paying the penalty and related expenses as stipulated in the above clauses, guarantee fees, appraisal fees and auction evaluation fees) incurred Party B shall also return all the payment already paid by Party A. Party A for safeguarding its own legitimate rights and interests shall return the received goods to Party B (transportation costs shall be borne by Party B;).
67. If Party A has the right to directly deduct from the payment due to Party B cancels or changes any penalties and damages that Party B needs to bear for the order without authorization, it shall pay 20% performance of the order price as liquidated damages and compensate Party A for all losses such as stocking, labor and profitthis contract.
Appears in 1 contract
Liability for Breach of Contract. 1. Party A and Party B After this Contract is signed, both parties shall strictly perform fulfill the terms stipulated Contract in the agreementgood faith. If one either party breaches suffers from losses due to default of the contractother party, the breaching party shall bear assume the liability for breach of contract according to the contract.
2. If the product is delivered by Party A to Should Party B and fail to deliver the assets on schedule after receipt of the transfer price of CNY ______ (0,000) from Party B fails to raise any objection to the product quality within the acceptance periodA, Party B shall not apply for return or replacement; If pay Party A the product quality problems caused by penalty at _____ of the value of the delayed assets every day, and Party A shall have the right to request Party B due to continue fulfilling the Contract. Party B's reasons or ’s failure to deliver the intervention of a third party, which are not caused by the product itself, and caused by assets within __ day(s) shall constitute Party B's failure to raise any objection within ’s breach of the time limit since the date of acceptanceContract, in which case, Party A can repair and rework reserves the productsright to terminate the Contract, and Party B shall bear return the rework service feepaid price, material fee, processing fee, labor wages and other expenses incurred by shall pay Party A;A the penalty at 5% of the total transfer price.
3. If Party B’s delivered assets that are subject to customs supervision are given punishment by the payment is not made in advance and then deliveredcustoms due to Party B’s default, Party B shall assume the ownership of the goods stipulated in this agreement still belongs resulting economic liability. Should Party A be unable to use such assets, Party B shall return corresponding price to Party A before based on the invoiced value of such equipment after deduction of depreciation.
4. Should Party A fail to pay the initial transfer price of CNY ___ (0,000) after the Contract becomes effective, Party A shall pay Party B pays off the paymentpenalty at ____ every day. Overdue payment for ___ day(s) shall constitute Party A’s breach of contract, in which case, Party B shall have the right to terminate the Contract, and Party A has shall pay Party B the right penalty at ___ % of the total transfer price.
5. Should Party B fail to take back pay the goods at any time. Meanwhile, before thisbalance transfer price on schedule, Party B shall properly keep the goods and ensure that they are intact. If there is any damage, Party B shall compensate pay Party A the penalty at ___ of the overdue transfer price every day, and Party A shall have the right to exercise the mortgage right according to the price of the goods agreed in the agreement. If the amount is not enough to make up for the losses, it shall also compensate Party A for all losseslaws.
4. If Party B violates the agreement or refuses to perform the cooperation content during the cooperation period of this agreement, and refuses to perform or even withdraws from the cooperation after being urged by Party A, Party A has the right not to return the initial fee paid by Party B as a security deposit; At the same time, Party B shall cooperate with Party A to return all cooperation materials such as cooperation project materials and trademark product authorization documents, and compensate all economic losses suffered by Party A;
5. If Party B violates this agreement and causes losses to Party A, all expenses (including but not limited to attorney fees, legal fees, arbitration fees, announcement fees, preservation fees, guarantee fees, appraisal fees and auction evaluation fees) incurred by Party A for safeguarding its own legitimate rights and interests shall be borne by Party B;
6. If Party B cancels or changes the order without authorization, it shall pay 20% of the order price as liquidated damages and compensate Party A for all losses such as stocking, labor and profit.
Appears in 1 contract
Samples: Transfer Contract
Liability for Breach of Contract. (1. ) If any of the following events occurs, such an event shall be deemed to be a breach of this Agreement:
a. HJX Electronic fails to pay in full the fee for the technology services under the exclusive Services Agreement within a reasonable time limit as specified therein;
b. Party B fails fully to perform its obligations under the Loan Agreement;
c. Any of the representations or warranties Party B makes in Article 3 hereof proves to be inconsistent with any of the major facts or false and/or Party B is out of compliance with any of the warranties it makes in Article 3 hereof;
d. Party B is out of compliance with any of the undertakings it makes in Article 4 hereof;
e. Party B is in violation of any of the provisions hereof;
f. Without Party A’s previous written consent, Party B has relinquished or transferred the equity interest that has been pledged hereunder;
g. In the case that Party B has got any loan from a third party or provided any guaranty for a third party, is required to pay any compensation to a third party, has made an undertaking to a third party, or is under any other liability to a third party,
(i) Party B is required to repay such loan, perform such guaranty or undertaking, pay such compensation, or discharge such liability ahead of time; or
(ii) Party B is unable to discharge any of the aforesaid liabilities when it becomes due so that Party A and believes that Party B’s capacity to perform this Agreement is adversely affected as a result;
h. Party B shall strictly is unable to repay its general debts or any other debts;
i. Any new laws or regulations have been promulgated that have rendered this Agreement illegal or Party B unable to continue to perform its obligations hereunder;
j. All the terms stipulated approvals, licenses, consents or authorizations of the government authorities that have made this Agreement performable and effective are revoked, terminated, have become invalid, or have been substantially modified;
k. Any adverse change has occurred to the assets under Party B’s ownership so that Party A believes that Party B’s capacity to perform this Agreement is adversely affected as a result;
l. The successor to, or manager of, HJX Electronic can only perform part of the obligation to pay the fee under the Services Agreement or refuses to perform such obligation; or
m. There occurs any other event in which Party A cannot exercise the pledge right hereunder.
(2) As soon as Party B is informed, or has become aware, that any of the events as described in the agreementpreceding paragraph is likely to occur, it shall notify Party A in writing of such likelihood. Except as any of the breaches of contract as described in the preceding paragraph has been successfully remedied to Party A’s satisfaction, at the time of such occurrence or any time thereafter, Party A may serve a notice of such breach on Party B and dispose of the equity interest to be pledged hereunder in accordance with the provisions of Article 5 hereof.
(3) If one party breaches either Party is in breach of any of the contractprovisions hereof, the breaching party shall bear be liable to the liability non-breaching party for breach of contract according and compensate the non-breaching party for any losses it may suffer as a result of such breach. The non-breaching party may grant the breaching party a certain period of grace, in which the breaching party shall be required to the contractremedy such breach.
2. (4) If the product is delivered by Party A to Party B and Party B breaching party fails to raise take any objection to the product quality remedial measures within the acceptance period, Party B shall not apply for return or replacement; If the product quality problems caused by Party B due to Party B's reasons or the intervention a reasonable period of a third party, which are not caused by the product itself, and caused by Party B's failure to raise any objection within the time limit since the date of acceptance, Party A can repair and rework the products, and Party B shall bear the rework service fee, material fee, processing fee, labor wages and other expenses incurred by Party A;
3. If the payment is not made in advance and then deliveredgrace, the ownership of the goods stipulated in this agreement still belongs to Party A before Party B pays off the payment, and Party A has non-breaching party shall have the right to take back terminate this Agreement and require that the goods at breaching party compensate it for any time. Meanwhile, before this, Party B shall properly keep the goods and ensure that they are intact. If there is any damage, Party B shall compensate Party A according to the price of the goods agreed in the agreement. If the amount is not enough to make up for the losses, actual losses it shall also compensate Party A for all losses.
4. If Party B violates the agreement or refuses to perform the cooperation content during the cooperation period of this agreement, and refuses to perform or even withdraws from the cooperation after being urged by Party A, Party A has the right not to return the initial fee paid by Party B may suffer as a security deposit; At the same timeresult, Party B shall cooperate with Party A to return all cooperation materials such as cooperation project materials and trademark product authorization documents, and compensate all economic losses suffered by Party A;
5. If Party B violates this agreement and causes losses to Party A, all expenses (including but not limited to attorney fees, legal fees, arbitration fees, announcement fees, preservation fees, guarantee fees, appraisal fees all the reasonable expenses the non-breaching party may incur in connection with the execution and auction evaluation fees) performance hereof (including expenses and costs incurred by Party A for safeguarding its own legitimate rights and interests shall be borne by Party B;
6. If Party B cancels or changes in connection with the order without authorization, it shall pay 20% engagement of the order price as liquidated damages and compensate Party A for all various intermediary agencies), provided, however, that such compensation shall not exceed losses such as stockingthat, labor and profitat the time of execution hereof, the breaching party foresaw or should have reasonably foreseen its breach hereof might cause to the other Party.
Appears in 1 contract
Samples: Equity Pledge Agreement (Acorn International, Inc.)
Liability for Breach of Contract. 1. Unless required by the law or exchange rules, Party A and Party B shall strictly perform shall, during the terms stipulated in validity period of this contract and after the agreement. If one party breaches the termination of this contract, keep confidential for the breaching relevant technology, sales plan, price, discount, payment and other contents related to the products under this contract, and shall not disclose them to any other party. In case of any loss caused to the other party due to the leakage caused by one party, such party shall be responsible for economic compensation and bear the liability for breach of contract according to the contractlegal liability.
2. If Party B has the product is delivered by following facts, Party A to may claim compensation from Party B and B:
2.1 When Party B fails to raise any objection deliver the products (beyond the agreed delivery time) or refuses to deliver the product products without force majeure or the situation that Party A's payment is not in place.
2.2 Without the consent of Party A, the production shall not be entrusted to a third party to process or sell the products of Party A's brand entrusted by Party A.
2.3 If the processed products are sued by customers or enforced by relevant government authorities, and after the verification by both parties that it is caused by Party B (quality within the acceptance periodproblem), Party B shall not apply be responsible for return or replacementthe direct economic loss caused thereby; If the product quality problems caused by Party B and if it is due to Party BA’s reasons, Party B may be exempted from liability, but shall assist Party A to deal with it together.
3. Party B shall not sell Party A's reasons or the intervention brand products without approval, nor shall Party B license any third party to produce and sell Party A's brand products by means of a third partycooperation, which are not caused by the product itselfpartnership, and caused by Party B's failure to raise any objection within the time limit since investment, etc. From the date of acceptancesigning this contract, only Party A can repair and rework the is allowed to sell Party A's brand products, and . If Party B shall bear the rework service feeviolates this clause, material fee, processing fee, labor wages and other expenses incurred by Party A;
3. If the payment is not made in advance and then delivered, the ownership of the goods stipulated in this agreement still belongs to Party A before Party B pays off the payment, and Party A has the right to take back the goods at any time. Meanwhile, before this, Party B shall properly keep the goods terminate this contract and ensure that they are intact. If there is any damage, Party B shall compensate Party A according to the price of the goods agreed in the agreement. If the amount is not enough to make up for the losses, it shall also compensate Party A for all direct losses.
4. If Other specific responsibilities and liabilities shall be determined in accordance with the relevant provisions of the Civil Code of the People's Republic of China.
5. All disputes between Party A and Party B violates arising out of or in connection with this contract shall be settled in an effective manner in accordance with the agreement or refuses to perform principle of friendly consultation. If the cooperation content during the cooperation period of this agreementconsultation fails, and refuses to perform or even withdraws from the cooperation after being urged by Party A, Party A either party has the right not to return bring a lawsuit to the initial fee paid by Party B as a security deposit; At the same time, Party B shall cooperate with people's court where Party A to return all cooperation materials is located. All reasonable expenses for realizing the rights, such as cooperation project materials and trademark product authorization documents, and compensate all economic losses suffered by Party A;
5. If Party B violates this agreement and causes losses to Party A, all expenses (including but not limited to attorney fees, legal fees, arbitration fees, announcement fees, preservation fees, guarantee fees, appraisal lawyer's fees and auction evaluation fees) incurred by Party A for safeguarding its own legitimate rights and interests travel expenses, shall be borne by Party B;
6. If Party B cancels or changes the order without authorization, it shall pay 20% of the order price as liquidated damages and compensate Party A for all losses such as stocking, labor and profitlosing party.
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Liability for Breach of Contract. 1. 7.1 In case of any errors in or omissions of the advertisements arranged by Party B due to Party A’s negligence, Party A and shall compensate Party B at the original slots on the principles of “twice for each omission and once for each error”.
7.2 The Parties shall negotiate about solutions in case of losses arising from interruption of all programmes of Tianjin TV Station Sports Channel or long-term suspension of the programmes as a result of natural non-natural disasters.
7.3 Party B’s failure to make payment to Party A within the periods as specified in Articles 4.2 and 4.3 hereof shall constitute a breach of contract and entitle Party A to immediately cease broadcasting various advertisements arranged by Party B and withhold the bond of the current year paid by Party B.
7.4 Either party hereto that terminates the Contract without justified reasons or in violation of the terms of the Contract shall pay the penalty to the other party at the rate of 10% of the total amount of annual exclusive agency.
7.5 The Parties shall strictly perform the Contract as of the effective day and ensure that all terms stipulated in of the agreementContract can be observed and performed completely. If one Where either party violates the Contract and thus causes economic losses to the other party, it shall make compensations to the other party at the amount equivalent to to the losses arising therefrom. Where both the Parties breaches the contractContract, the breaching party Parties shall bear share the liability relevant liabilities for breach of contract according to their actual faults. This clause shall not affect or limit other liabilities for breach of the contractContract.
2. If 7.6 Unless otherwise specified expressly in the product is delivered by Party A to Party B and Party B fails to raise any objection to the product quality within the acceptance period, Party B shall not apply for return or replacement; If the product quality problems caused by Party B due to Party B's reasons or the intervention of a third party, which are not caused by the product itself, and caused by Party B's failure to raise any objection within the time limit since the date of acceptance, Party A can repair and rework the products, and Party B shall bear the rework service fee, material fee, processing fee, labor wages and other expenses incurred by Party A;
3. If the payment is not made in advance and then deliveredContract, the ownership of the goods stipulated in this agreement still belongs to Party A before Party B pays off the payment, and Party A has non-breaching party shall have the right to take back terminate the goods at any time. Meanwhile, before this, Party B shall properly keep the goods and ensure that they are intact. If there is any damage, Party B shall compensate Party A according Contract with a notice to the price breaching party in any of the goods agreed following circumstances:
1) Where either party (breaching party) is bankrupted, or carries out voluntary or involuntary bankruptcy procedures in accordance with the agreement. If Bankruptcy Law or other regulations on insolvency, or makes arrangements with its creditors, or conducts reorganization or is taken over or dissolved;
2) Where the amount is not enough breaching party fails to make up for correct any material breach of the lossesContract within fifteen (15) days after receiving a written notice from the Non-breaching Party, it shall also compensate Party A for all losses.
4. If Party B violates the agreement or refuses to perform the cooperation content during the cooperation period of this agreement, and refuses to perform or even withdraws from the cooperation after being urged by Party A, Party A has the right not to return the initial fee paid by Party B be deemed as a security deposit; At breach of the same time, Party B shall cooperate with Party A to return all cooperation materials such as cooperation project materials Contract and trademark product authorization documents, and compensate all economic losses suffered by Party A;
5. If Party B violates this agreement and causes losses to Party A, all expenses (including but not limited to attorney fees, legal fees, arbitration fees, announcement fees, preservation fees, guarantee fees, appraisal fees and auction evaluation fees) incurred by Party A for safeguarding its own legitimate rights and interests shall be borne by Party B;
6. If Party B cancels or changes subject to the order without authorization, it shall pay 20% of the order price as liquidated damages and compensate Party A for all losses such as stocking, labor and profitbreach clause.
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Liability for Breach of Contract. 1. Article 9 After this Contract becomes effective, Party A and Party B shall strictly perform the terms stipulated fulfill their respective obligations specified in the agreementthis Contract. If one either party breaches the contractfails to fulfill its obligations under this Contract, the breaching party it shall bear the relevant liability for breach of contract according to breaching this Contract and compensate the contractother party for losses incurred.
2Article 10 If Party A fails to utilize the proceeds of the Loan for the purpose specified in this Contract, Party B shall have the right to discontinue further disbursements of the Loan and immediately recall the disbursed proceeds of the Loan in full or in part. If Party A misuses any proceeds of the product Loan, in accordance with the regulations of the People’s Bank of China, Party B shall have the right to charge a penalty interest by raising the interest rate of the Loan specified in Article 1.5 herein by 100% for the number of days that the proceeds of the Loan have been misused (this interest rate is delivered referred to as “the penalty interest rate”, and will be raised by 50% to 100%).
Article 11 If Party A fails to repay the principal amount of the Loan plus interest thereon within the time limit specified in this Contract, Party B shall have the right to demand Party A to repay the sums as soon as possible, and may charge a penalty interest and a compound interest by raising the interest rate of the Loan specified in Article 1.5 herein by 50% for the number of days that the repayment has been deferred (this interest rate is referred to as “the interest rate for deferred repayment”, and will be raised by 30% to 50%).
Article 12 During the term of this Contract, if Party A or the Guarantor is unable to repay the principal amount of the Loan plus interest thereon due to operating losses or the destruction or loss of the collateral, or if an event which might endanger the security of the Loan has occurred, Party B shall have the right to terminate this Contract and recall the entire Loan plus interest thereon.
Article 13 If Party B fails to raise any objection disburse the Loan in the amount and on the date specified in this Contract, it shall pay a fine for breaching its Contract equal to ____% of the product quality within amount involved for each day that the acceptance perioddisbursement is deferred. This provision does not apply if Party B’s failure to disburse the Loan has been caused by a fault of Party A.
Article 14 To make premature repayment of the Loan, Party A and Party B agrees to Item 1 below:
1. The prior consent of Party B shall not apply for return or replacement; If the product quality problems caused by Party B due to Party B's reasons or the intervention of a third party, which are not caused by the product itself, and caused by Party B's failure to raise any objection within the time limit since the date of acceptance, Party A can repair and rework the productsbe obtained, and Party A does not need to pay a fine for breaching this Contract;
2. The prior consent of Party B shall bear be obtained, but Party A shall pay a fine for breaching this Contract equal to 1% of the rework service fee, material fee, processing fee, labor wages and other expenses incurred by Party Aamount of the premature repayment of the Loan;
3. If the payment No prior consent of Party B is not made in advance and then deliveredrequired, the ownership of the goods stipulated in this agreement still belongs but a one-day notice shall be given to Party A before Party B pays off the payment, and Party A has the right to take back the goods at any time. Meanwhile, before this, Party B shall properly keep the goods and ensure that they are intact. If there is any damage, Party B shall compensate Party A according to the price of the goods agreed in the agreement. If the amount is not enough to make up for the losses, it shall also compensate Party A for all losses.B.
4. Article 15 If Party B violates the agreement or refuses to perform the cooperation content during the cooperation period of this agreement, and refuses to perform or even withdraws from the cooperation after being urged by Party A, Party A has the right not to return the initial fee paid by Party B as a security deposit; At the same time, Party B shall cooperate with Party A to return all cooperation materials such as cooperation project materials and trademark product authorization documents, and compensate all economic losses suffered by Party A;
5. If Party B violates this agreement and causes losses agrees to Party A’s premature repayment of the Loan, all expenses (including but not limited to attorney fees, legal fees, arbitration fees, announcement fees, preservation fees, guarantee fees, appraisal fees and auction evaluation fees) incurred by whether Party A for safeguarding its own legitimate rights and interests shall be borne by Party B;
6. If pay a fine to Party B cancels or changes the order without authorization, it shall pay 20% of the order price as liquidated damages and compensate Party A for all losses such as stocking, labor and profitbreaching this Contract is up to both parties.
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Liability for Breach of Contract. 1. 12.1 After the entry into force of this agreement, both Party A and Party B shall strictly perform the terms stipulated in the their obligations under this agreement. If one Failure to perform all or party breaches the contract, of this agreement constitutes a breach of this agreement and the breaching party shall bear the corresponding liability for breach of contract according to the contract.
2. 12.2 If the product is delivered by Party A due to Party B and Party B fails to raise any objection to the product quality within the acceptance period, Party B shall not apply for return or replacement; If the product quality problems an event caused by Party B due to Party B's reasons or the intervention of a third party, which are not caused by the product itself, and caused by Party B's failure to raise any objection within the time limit since the date of acceptanceguarantor under this agreement, Party A can repair and rework B has not completed the productscorresponding guarantee formalities of this agreement, and or Party B shall bear has failed to go through the rework service fee, material fee, processing fee, labor wages and other expenses incurred by formalities of withdrawal from Party A;
3. If A within 30 days after the payment is not made in advance and then delivered, the ownership of the goods loan issuance time stipulated in this agreement still belongs to (including legal holidays and rest days), Party A before Party B pays off shall have the paymentright to terminate this agreement, the outstanding loans shall no longer be issued, and Party A has the right to take back request for repayment of all the goods issued loans immediately.
12.3 If Party B fails to repay the principal amount of the loan due (including early maturity) in accordance with the repayment period stipulated in this agreement, Party B shall, from the date of overdue, charge 50% as the penalty interest rate at any timethe interest rate stipulated in this agreement, and calculate and collect the overdue interest. MeanwhileIf Party B fails to pay the interest within the term of the loan, before thisthe compound interest shall be calculated according to the loan interest rate stipulated in this agreement. If the interest is not paid after the expiration of the loan, the compound interest shall be calculated according to the penalty interest rate stipulated in this Section.
12.4 If Party B fails to use the loan for the purpose stipulated in this agreement, its principal and interest shall, from the date of breach of contract, be charged 100% as the penalty interest rate at the interest rate agreed upon in this agreement, and the penalty interest and compound interest shall be calculated.
12.5 If the loan under this agreement is overdue or not used for the purpose stipulated in the contract, overdue interest, penalty interest and compound interest shall be charged on a monthly basis.
12.6 Where Party A pursues litigation, arbitration or other means to realize its creditor's rights as a result of Party B’s breach of contract, Party B shall properly keep bear the goods litigation costs, arbitration fees, security fees, notice fees, evaluation fees, appraisal fees, auction fees, travel expenses, lawyers’ fees and ensure that they are intact. If there is any damage, Party B shall compensate Party A according to the price of the goods agreed in the agreement. If the amount is not enough to make up for the losses, it shall also compensate other expenses incurred by Party A for all lossesthe realization of the creditor’s rights.
4. If Party B violates 12.7 In the agreement or refuses to perform event of any of the cooperation content during the cooperation period following breach of this agreement, and refuses to perform or even withdraws from the cooperation after being urged by Party Acontract, Party A has the right not to return request Party B to cure the initial fee paid breach of contract, declare that all loans issued are due immediately, recover the principal and interest of the loans issued in advance, and stop issuing loans, compensate Party A for the losses caused by the breach of contract and to take corresponding measures to safeguard its legitimate rights and interests in accordance with the law:
12.7.1 Party B fails to use the loan or fail to pay the principal, interest and other accounts payable in full in accordance with the purpose and mode of payment stipulated in this agreement;
12.7.2 Party B provides Party A with false or concealed loan application documents, balance sheet, income statement and other loan information, or conceals important business financial facts;
12.7.3 Party B refuses to accept Party A’s supervision and inspection of its use of loans and related production, business and financial activities;
12.7.4 Party B uses the loan to engage in equity investment;
12.7.5 Party B uses the loan to engage in speculative business or other illegal or illegal transactions in securities, futures, and real estate;
12.7.6 Party B collects loans by borrowing or other means in order to obtain illegal income;
12.7.7 Party B defrauds the loan by other fraudulent means;
12.7.8 Party B makes use of the false contract with a third party to pledge to Party A with claims such as notes receivable and fictitious accounts receivable with no actual trade background to obtain bank funds;
12.7.9 Party B transfers assets at low prices or free of charge to evade bank claims;
12.7.10 Party B violates any contract or agreement signed by Party B as a security deposit; At the same timeparty with others (including Party A of this agreement), or violates any undertaking or guarantee given by Party B;
12.7.11 Party B shall cooperate with has a deterioration of its financial position and break through the financial targets stipulated in Section 10.18 of this agreement; payment to Party A or other creditors is overdue; Party B is involved in or about to return all cooperation materials such as cooperation project materials and trademark product authorization documents, and compensate all economic losses suffered by Party A;
5be involved in major disputes; or there has been any other material adverse changes that have or may affect its ability to perform its obligations under this agreement. If Party B violates this agreement and causes losses to Party Achanges its mode of operation, all expenses (its own system or legal status, including but not limited to attorney feescontracting, legal feesleasing, arbitration feestrusteeship, announcement feesasset restructuring, preservation feesdebt restructuring, shareholding transformation, joint ventures, mergers and acquisitions (consolidation), acquisitions, divisions, paid transfer of property rights, joint ventures (joint ventures), reduction of registered capital or application for closure and rectification, application for dissolution (or revocation), application for reorganization, settlement and bankruptcy, etc., failing to obtain the written consent of Party A and carry out the liability to pay off the debts under this agreement or to provide a new guarantee feesapproved by Party A.
12.7.12 The guarantee under this agreement has undergone changes that are not beneficial to the claims of Party A, appraisal fees including but not limited to the mortgage, the destruction, loss, reduction of value or seizure, seizure, freezing of the mortgaged property, the pledged property, the loss of the mortgage or the loss of the value of the pledged property, where the guarantor violates any of the obligations established for it in the guarantee contract and auction evaluation fees) incurred Party B fails to provide the required new guarantee at the request of Party A, or where the guarantor is involved in or is about to be involved in a major action sufficient to affect the creditor’s rights of Party A;
12.7.13 The contract of guarantee or other means of guarantee is not effective, invalid, declared to be revoked, or the real right of the security has not been established or cancelled or eliminated in accordance with the law, or the guarantor appears to be partially or wholly incapacitated or expressly fails to perform the guarantee obligation, or if the guarantor violates any of the obligations or commitments agreed in the guarantee contract or violates its contract with a third party, and Party B fails to provide the required new guarantee at the request of Party A.
12.7.14 The representations and warranties made by Party B are untrue, inaccurate or materially concealed;
12.7.15 Party B expressly or through its own actions indicates its intention not to perform its obligations under this agreement;
12.7.16 Where the shareholder or actual control person of Party B is involved in or is about to be involved in a major dispute, which may affect the realization of Party A’s creditor’s rights;
12.7.17 If Party B violates any other obligations and commitments agreed upon in this agreement, Party A considers that it is sufficient to affect the realization of its creditor's rights;
12.7.18 There are any events that cause a breach of contract under any other credit contract signed by Party A for safeguarding its own legitimate rights and interests shall be borne by Party B;
6. If Party B cancels or changes the order without authorization, it shall pay 20% of the order price as liquidated damages and compensate Party A for all losses such as stocking, labor and profit.B.
Appears in 1 contract
Liability for Breach of Contract. 1. If Party A makes false statements and statements in this Contract and causes losses to Party B, it shall compensate for all losses.
2. If Party A fails to perform the notification obligations agreed herein in time, it shall pay a penalty of 3% of the loan amount to Party B.
3. After this Contract comes into force, both parties A and Party B shall strictly fully perform the terms stipulated in obligations agreed herein. Unless otherwise agreed, if either party fails to perform or improperly perform the agreement. If one party breaches the contractobligations agreed hereunder, the breaching party it shall bear the liability be liable for breach of contract according to and compensate the contractother party for the losses caused thereby.
24. If the product is delivered by Party A to Party B and Party B fails to raise any objection to has one of the product quality within the acceptance periodfollowing behavior, Party B shall have the right to terminate the contract in advance, litigation, announced the contract loan and interest immediately due, suspend the loan has not apply for return or replacement; If yet issued, have the product quality problems caused right to stop paying the borrower has not used loan, Party A shall within receipt of the contract within 5 days from the date of the repayment of the loan principal and interest:
(1) Party A violates the provisions and commitments hereof;
(2) The loan materials provided by Party A and all the materials provided to Party B due during the loan term are not true, inaccurate and incomplete;
(3) Failing to cooperate with or refusing to accept Party B’s inspection of the use of the loan and related production, operation and financial activities;
(4) Transfer or dispose of, or threaten to transfer or dispose of its important assets without Party B’s written consent;
(5) The important part or all of the property is occupied by someone else, or is taken over by the appointed trustee, receiver or similar personnel, and the property is seized or frozen, which may cause heavy losses to Party B's reasons ;
(6) Without Party B’s consent, leasing, shareholding reform, joint operation, merger, merger, merger, joint venture, division, capital reduction, equity change, transfer, acquisition or other acts sufficient to affect the intervention realization of a third partyParty B’s rights and interests and endanger the security of Party B’s creditor’s rights;
(7) The realization of Party B’s claims, which are not caused seriously affected or threatened by the product itselfchange of domicile, mailing address, business scope, legal representative or major investment of Party B’s creditor’s rights;
(8) The realization of Party B’s creditor’s rights is seriously affected or threatened by any economic disputes or deteriorating financial situation;
(9) Refusing to sign for the receipt or failing to sign for Party B’s collection letter or collection documents in other disguised ways;
(10) Neglecting in exercising the creditor’s rights due or preserving or realizing the creditor’s rights;
(11) Failing to national policies, regulations and standards in energy conservation and emission reduction;
(12) The guarantee (including but not limited to guarantee, mortgage or pledge) provided by Party A for other debts other than this Contract may lead to the threat or heavy loss of the claims under the loan contract of Party B;
(13) Decline in credit status;
(14) If the value of the collateral under this contract depreciates, and caused the borrower fails to supplement or add the corresponding guarantee;
(15) Failing to pay the principal and interest of the loan as agreed in the contract;
(16) The project progress lags behind the progress of fund use;
(17) In violation of the contract, avoiding the entrusted payment by the lender by breaking it into parts;
(18) Party A fails to take remedial measures within the time required by Party B's failure to raise any objection within the time limit since the date of acceptance, ;
(19) Party A can repair and rework the products, and Party B shall bear the rework service fee, material fee, processing fee, labor wages and other expenses incurred by Party Aevaded or canceled bank debts through related party transactions or transfer of important assets;
3. If the payment is not made in advance and then delivered, the ownership of the goods stipulated in this agreement still belongs to (20) Party A before Party B pays off the payment, uses false contracts to discount or pledge bank claims such as notes receivable and Party A has the right to take back the goods at any time. Meanwhile, before this, Party B shall properly keep the goods and ensure that they are intact. If there is any damage, Party B shall compensate Party A according accounts receivable without real trade background to the price of the goods agreed in the agreement. If the amount is not enough bank to make up for the losses, it shall also compensate Party A for all lossesobtain bank funds or grant credit granting.
4. If Party B violates the agreement or refuses to perform the cooperation content during the cooperation period of this agreement, and refuses to perform or even withdraws from the cooperation after being urged by Party A, Party A has the right not to return the initial fee paid by Party B as a security deposit; At the same time, Party B shall cooperate with Party A to return all cooperation materials such as cooperation project materials and trademark product authorization documents, and compensate all economic losses suffered by Party A;
5. If Party B violates this agreement collects the unpaid loan principal and causes losses interest due to Party A, all expenses A (including but the lender recovers the loan in advance according to the provisions herein) at the rate of the loan execution rate increased by 50% (including that date), for the interest and overdue penalty interest not limited to attorney fees, legal fees, arbitration fees, announcement fees, preservation fees, guarantee fees, appraisal fees and auction evaluation fees) incurred paid by Party A for safeguarding its own legitimate rights and interests on time, the compound interest shall be borne calculated according to the overdue penalty interest rate, calculated according to the actual overdue days, and accumulated month by month. Party B;
6. If Party B cancels or changes A fails to use the order without authorizationloan funds according to the agreed purpose, it the penalty interest shall pay 20% be calculated from the date of the order price as liquidated damages and compensate default by 100% above the loan execution rate determined in this contract. For the misappropriation penalty interest that Party A for all losses such as stockingfails to pay the penalty interest on time, labor the compound interest shall be calculated according to the misappropriation penalty interest rate, calculated according to the actual days of misappropriation and profitaccumulated month by month.
Appears in 1 contract
Liability for Breach of Contract. 1. 10.1 If either Party A and Party B shall strictly perform the terms stipulated in the agreement. If one party breaches the contract, the breaching party shall bear the liability for breach of contract according to the contract.
2. If the product is delivered by Party A to Party B and Party B fails to raise any objection to the product quality within the acceptance period, Party B shall not apply for return or replacement; If the product quality problems caused by Party B due to Party B's reasons or the intervention of a third party, which are not caused by the product itself, and caused by Party B's failure to raise any objection within the time limit since the date of acceptance, Party A can repair and rework the products, and Party B shall bear the rework service fee, material fee, processing fee, labor wages and other expenses incurred by Party A;
3. If the payment is not made in advance and then delivered, the ownership of the goods stipulated in this agreement still belongs to Party A before Party B pays off the payment, and Party A has the right to take back the goods at any time. Meanwhile, before this, Party B shall properly keep the goods and ensure that they are intact. If there is any damage, Party B shall compensate Party A according to the price of the goods agreed in the agreement. If the amount is not enough to make up for the lossesAgreement, it shall also appropriately compensate the non-breaching Party A for all lossesthe direct (but not the indirect) losses sustained by the non-breaching Party as a direct result of such breach.
4. 10.2 If Party B violates the agreement or refuses to perform the cooperation content during the cooperation period of this agreement, and refuses to perform or even withdraws from the cooperation after being urged has confirmed an order placed by Party A, Party B must fulfill the confirmed order. If, due to operational adjustments, Party A needs to cancel all or part of an order which it has already placed, Party A shall notify Party B 7 days prior to the designated delivery date. Party A shall not be required to bear any legal liability in respect of such cancellation other than for giving the said notice.
10.3 If Party A fails to make payment on schedule, it shall pay Party B liquidated damages for the total unpaid amount for the goods in accordance with the saving interest rate promulgated by the People’s Bank of China for the same period. If Party B delays the delivery of goods without giving prior notice, it shall pay Party A liquidated damages of 0.05 percent of the total value of the goods which have not been delivered for each day of delay (unless the delivery delay is due to an event of force majeure).
10.4 If Party A discovers during the course of the acceptance procedures for or actual use of the goods supplied by Party B that such goods do not conform to the requirements set out in the provisions hereof, Party A shall have the right not to refuse to accept the goods, or to require the goods to be resupplied, or to have the goods replaced or repaired, or to return the initial fee paid goods, depending on the actual circumstances. If the replacements, repaired goods or resupplied goods are not delivered by the time confirmed by both Parties and Party B as a security deposit; At A has not been notified of the same timedelay in advance, Party B shall cooperate with pay Party A to return all cooperation materials such as cooperation project materials and trademark product authorization documentscompensation of 0.5 percent of the value of the purchase order under delay.
10.5 If any of the circumstances described in Article 10.4 occurs, and compensate all economic losses suffered or if the quantity of goods supplied by Party B is less that the quantity stipulated in Party A;’s purchase order, Party B must use all means to resupply products which satisfy the requirements hereof to Party A within the period of time agreed by both Parties and transport the same to the location designated by Party A in order to make good the shortfall in goods experienced by Party A.
5. 10.6 If Party B violates this agreement fails to implement the provisions of Article 10.5 hereof, Party A shall have the right to terminate the contract and causes losses to claim compensation for Party A, all expenses (including but not limited B’s breach.
10.7 Party A shall have the right to attorney fees, legal fees, arbitration fees, announcement fees, preservation fees, guarantee fees, appraisal fees and auction evaluation fees) incurred deduct the compensation payable by Party A B for safeguarding its own legitimate rights and interests breach of contract.
10.8 If either Party is unable to perform or is unable to fully perform the Agreement due to force majeure, the Parties shall be borne by Party B;
6. If Party B cancels or changes handle the order without authorizationmatter through consultations, it shall pay 20% pursuant to Article 117 of the order price as liquidated damages Contract Law of the People’s Republic of China. “Force majeure” means any objective circumstance which cannot be foreseen, whose occurrence and compensate Party A for all losses such as stocking, labor consequences cannot be avoided and profitwhich cannot be overcome by the Parties.
Appears in 1 contract
Samples: Standard Terms and Conditions for Purchase of Goods
Liability for Breach of Contract. 1. In the event that Party A and fails to make full payment of the amount agreed herein within the time period agreed hereunder, Party A shall pay to Party B shall strictly perform the terms stipulated a penalty in the agreement. If one party breaches amount equivalent to 0.05% of the contractamount payable for each delay day, and if Party B thus suffers exchange loss, Party A shall also pay Party B for the breaching party shall bear actual exchange loss during the liability for breach period of contract according to the contractoverdue payment.
2. If the product Party A delays in making payment, Party B is delivered entitled to detain any cargo consigned by Party A to Party B and Party B fails to raise any objection to the product quality within the acceptance period, Party B shall not apply for return or replacement; If the product quality problems caused by Party B due to Party B's reasons or the intervention of a third party, which are not caused by the product itself, and caused by Party B's failure to raise any objection within the time limit since the date of acceptance, Party A can repair and rework the products, and Party B shall bear the rework service fee, material fee, processing fee, labor wages and other expenses incurred by Party A;
3. If the payment is not made in advance and then delivered, the ownership of the goods stipulated in this agreement still belongs to Party A before Party B pays off the payment, and Party A has the right to take back the goods at any time. Meanwhile, before this, Party B shall properly keep the goods and ensure that they are intact. If there is any damage, Party B shall compensate Party A according to the price of the goods agreed in the agreement. If the amount is not enough to make up for the losses, it shall also compensate Party A for all losses.
4. If Party B violates the agreement or refuses to perform the cooperation content during the cooperation period of this agreement, and refuses to perform or even withdraws from the cooperation after being urged by Party A, Party A has the right not to return the initial fee paid by Party B as a security deposit; At the same time, Party B shall cooperate with Party A to return all cooperation materials such as cooperation project materials and trademark product authorization documents, and compensate all economic losses suffered by Party A;
5. If Party B violates this agreement and causes losses to Party A, all expenses relevant documents (including but not limited to attorney the xxxx of lading, sea waybill, air waybill, and other transportation documents, as well as the customs declaration sheet, manuals, and other documents), and suspend to handle the matters entrusted until Party A pays off the fees. All charges, legal feesrisks, arbitration feesand losses arising from the detention of the cargo and documents shall be undertaken by Party A.
3. If Party A fails to make payment within the time period specified in Party B’s demand for payment, announcement feesParty B is entitled to unilaterally cancel this Agreement and pursue Party A’s relevant liability for breach of this Agreement.
4. If the cargo is confiscated, preservation feesdetained, guarantee feeswithheld or auctioned by the customs, appraisal fees CQI or any other author- ities, or the carrier or the custodian or any other third party due to the discrepancy between the cargo provided by Party A and auction evaluation fees) incurred the relevant cargo description and documents, the losses and charges thus arising shall be undertaken by Party A, and Party B is still entitled to request Party A to pay the agency fee that is payable by Party A for safeguarding its own legitimate rights such freight forwarding matters.
5. If Party A fails to deliver or pick up the cargo within the required time period, as a result of which Party B has to pay to a third party the waiting charge, detention, storage charge, demurrage, and interests other relevant charges, Party A shall be borne by indemnify Party B;B.
6. If there exists any discrepancy between the information and documents provided and confirmed by Party A and the cargo actually consigned, whether or not Party A is indicated as or proved to be the contracting or actual shipper or operating entity/consigning entity as indicated on the relevant documents (including but not limited to the xxxx of lading, air waybill, land waybill, and customs declaration sheet), all the losses, damages, penalties, taxes, overdue fines, customs duties, fines for delayed declaration and other legal risks, consequences and costs thus arising shall be undertaken by Party A.
7. If Party B cancels or changes is in breach of this Agreement during the order without authorization, it shall pay 20% performance of this Agreement and the order price as liquidated damages and compensate cargo consigned by Party A for transportation is thus lost or damaged, Party B shall undertake the compen- sation liability subject to its legal position and responsibility area in the course of its performance of the specific freight forwarding services and in accordance with the relevant laws in the responsibility area.
8. When Party B acts as the carrier/independent operator, if the cargo consigned by Party A for trans- portation is delayed in delivery for any reason on account of Party B, Party B’s liability for compensa- tion is limited to the amount of the freight for the cargo delayed in delivery.
9. When Party B acts as the carrier/independent operator, if nobody picks up the cargo or the consign- ee refuses to pick up the cargo/abandons the cargo at the destination, Party B shall inform Party A of such event within the same day when such event occurs, and Party A shall immediately take all losses such as stockingnecessary measures to avoid further enlargement of loss and undertake all detention and demurrage and other relevant charges and risks thus arising during this period. If the cargo is disposed of by the customs or any other governmental authority at the destination or the actual carrier in accordance with the local laws and regulations during this period, labor all the risks, liabilities and profitcharges thus arising shall be undertaken by Party A. If Party A fails to take measures in due time and Party B thus has to pay relevant charges, Party A shall indemnify Party B in full.
Appears in 1 contract
Samples: Forwarder Shipper Agreement
Liability for Breach of Contract. 1. Party A and Party B shall strictly be liable for compensation for losses caused to Party A or a third party due to Party B's failure to perform the terms stipulated in the agreement. If one party breaches the contract, the breaching party shall bear the liability for breach of contract according to the contractsystem maintenance.
2. If the product is delivered by Party A to Party B and Party B fails to raise any objection to the product quality within the acceptance period, Party B shall not apply for return or replacement; If the product quality problems caused by Party B due to Party B's reasons or the intervention of a third party, which engages in business activities that are not caused prohibited by the product itself, and caused by Party B's failure to raise any objection within the time limit since the date of acceptancestate’s law, Party A can repair has the right to take relevant measures including suspending transaction fund settlement, suspending payment transactions, and rework terminating the productscontract, and Party B shall bear all the rework service fee, material fee, processing fee, labor wages and other expenses incurred by Party A;responsibilities arising therefrom.
3. If Party B fails to pay the payment is not made in advance and then deliveredfees under this agreement within the time limit, the ownership Party B shall pay Party A liquidated damages according to 0.1% of the goods stipulated in this agreement still belongs to Party A before Party B pays off the paymentdelayed amount per day, and Party A has the right to take back deduct the goods at any time. Meanwhile, before this, unpaid amount from Party B shall properly keep the goods and ensure that they are intact. If there is any damage, Party B shall compensate Party A according to the price of the goods agreed in the agreement. If the amount is not enough to make up for the losses, it shall also compensate Party A for all losses.
4B’s security deposit. If Party B violates fails to pay within 20 days after the agreement or refuses to perform the cooperation content during the cooperation period of this agreement, and refuses to perform or even withdraws from the cooperation after being urged by Party Adue date, Party A has the right to terminate this agreement immediately. This does not to return reduce or exempt the initial fee paid by payment and liquidated damages that Party B as a security deposit; At should pay. If the same timeliquidated damages are insufficient to make up for Party A's losses, Party B shall cooperate with Party A to return all cooperation materials such as cooperation project materials and trademark product authorization documentsalso be liable for compensation.
4. Losses include direct losses, indirect losses, and compensate all economic losses suffered travel expenses, attorney fees, litigation fees and other expenses incurred by Party A;the injured party for the realization of claims.
5. If Party B violates has any of the following circumstances, Party A has the right to unilaterally terminate this agreement agreement, and causes Party B shall be responsible for the losses to Party A, all expenses (including but not limited to attorney fees, legal fees, arbitration fees, announcement fees, preservation fees, guarantee fees, appraisal fees and auction evaluation fees) incurred by Party A and other third parties:
1) False application: application for safeguarding its own legitimate rights payment services submitted to Party A has false information or fraudulently use the information from other companies;
2) Leakage of account and interests shall be borne by transaction information: Party B and/or Party B's employees violate relevant regulations by illegally using, storing, and transmitting customer information and transaction data, resulting in the leakage of customer account information and transaction data or the tampering or destruction of account information and transaction data. ;
3) Refusal to withdraw the order: Party B refuses to cooperate to withdraw the orders or fails to provide valid transaction documents, causing Party A's cooperative bank to refund the order and evade the responsibility for the refund;
4) The claimed business scope is inconsistent with the actual situation: Party B’s business scope is normal, or after applying to become a partner with a normal business, Party B actually engages in business activities that are prohibited, or the actual business situation is different from that registered on Party B’s business license. The business scope is false;
5) Being deregistered by the industry or commerce department or having their business license revoked, thereby losing the business qualifications listed in this contract;
6. If ) Engage in business activities prohibited by the country or providing products or services that violates relevant laws and regulations;
7) Party B cancels and/or legal representative of Party B or changes the order without authorization, it shall pay 20% its principal person in charge is involved in a civil dispute or suspected of a criminal offense;
8) Suspension of the order price as liquidated damages business for rectification or bankruptcy due to poor management; or engaging in activities that damage the interests of third parties or other public interests by using the payment interface provided by Party A;
9) Violating the provisions of Articles 10 and compensate 11 of this Agreement;
10) Party B has slandered the reputation of Party A;
11) Party B collude with a third party to defraud bank funds by using Party A's payment service;
12) Party B transfers the interface technology, security protocol and certificate provided by Party A to other institutions for all losses such as stocking, labor and profituse;
13) Other violations of this agreement.
Appears in 1 contract
Samples: Online Payment Business Cooperation Agreement (Sancai Holding Group Ltd.)
Liability for Breach of Contract. 1. After this agreement takes effect, if Party A and Party B shall strictly fails to perform the terms stipulated its obligations in accordance with the agreement. If one party breaches the contract, the breaching party it shall bear the corresponding liability for breach of contract according to the contract.
2. If the product is delivered by Party A to Party B and Party B fails to raise any objection to shall be responsible for the product quality within the acceptance periodrelevant taxes (value-added tax, Party B shall not apply for return or replacement; If the product quality problems caused enterprise income tax, surtax, etc.) incurred by Party B due to Party B's reasons or the intervention of a third party, which are not caused by the product itself, and caused by Party B's Par- ty A’s failure to raise repay the loan on schedule.
2. In case of any objection within the time limit since the date of acceptance, Party A can repair and rework the products, and Party B shall bear the rework service fee, material fee, processing fee, labor wages and other expenses incurred by Party A;
3. If the payment is not made in advance and then delivered, the ownership of the goods stipulated in this agreement still belongs to Party A before Party B pays off the payment, and Party A has the right to take back the goods at any time. Meanwhile, before thisfollowing circumstances, Party B shall properly keep have the goods right to require Party A to repay the loan and ensure that they are intact. If there is any damageother expenses immediately, and the date on which Party B shall compensate requires Party A according to repay the price above amount shall be the date of expiration of the goods agreed in the agreement. If the amount is not enough to make up for the losses, it shall also compensate Party A for all losses.
4. If Party B violates the agreement or refuses to perform the cooperation content during the cooperation period loan term of this agreement, .
(1) Party A fails to repay the loan on schedule and refuses fails to perform or even withdraws from the cooperation repay it after being urged by Party B;
(2) Party A’s business is closed, declared bankrupt, dissolved, its business license is revoked, revoked, involving major economic disputes, deterioration of financial situation, etc;
(3) Party A has a major event that endangers, damages or may endanger or damage Party B’s rights and interests. This agreement is made in duplicate, with each party holding one copy. It will come into force after signing and sealing. Other matters not covered shall be decided by both parties through negotiation. Party A: SMARTEN TECHNOLOGY CO.,LTD (STAMP) Unified social credit code: 914403003194288778 Legal person (or agent) signature: /s/ NAN DU Address: Tel: Party B: ZHONGNIAN TECHNOLOGY(BEIJING)CO.,LTD Unified social credit code: Legal person (or agent) signature: /s/ NIANXU ZENG Address: Tel: Borrower(Party A): SMARTEN TECHNOLOGY CO.,LTD Lender (Party B) : ZHONGNIAN TECHNOLOGY (BEIJING) CO.,LTD
1. This agreement is the right not to return deferred repayment agreement of the initial fee paid by Party B as a security deposit; At the same timeloan agreement signed on January 15, Party B shall cooperate with 2020.
2. Party A to return all cooperation materials such uses the loan as cooperation project materials and trademark product authorization documentsthe purpose agreed, and compensate all economic losses suffered by Party A;
5. If Party B violates plan to sign this agreement and causes losses due to Party A, all expenses (including but not limited unable to attorney fees, legal fees, arbitration fees, announcement fees, preservation fees, guarantee fees, appraisal fees and auction evaluation fees) incurred by Party A for safeguarding its own legitimate rights and interests shall be borne by Party B;
6. If Party B cancels or changes the order without authorization, it shall pay 20% of the order price as liquidated damages and compensate Party A for all losses such as stocking, labor and profitrepaid on time.
Appears in 1 contract
Liability for Breach of Contract. 1. 6.1 Party A and B agrees that, in case of violation of any of the aforesaid clauses, Party B shall strictly perform the terms stipulated notify Party A immediately and take proper remedies in the agreementtime. If one party breaches the In such case, Party B shall be responsible for relevant losses, liabilities, obligations and expenditures, as well as liability for breach of contract, and Party A shall have the right to rescind the Contract immediately.
6.2 Neither party may modify or rescind the Contract as of the effective date of the Contract. Unless otherwise stipulated by laws and the Contract, rescission of and modification to the Contract shall be subject to the negotiation between the Parties and specified in a supplemental agreement in accordance with laws; otherwise, it shall be deemed as breach of contract, and the non-breaching party shall not only require the breaching party to perform the Contract continually but also claim for 20% of the contract amount in respect of the unperformed part as liquidated damages.
6.3 Party B shall bear make payment on schedule. In case of overdue payment, Party A shall have the right to cease broadcasting Party B’s advertisements, or even rescind the Contract without refunding the performance bond paid by Party B; in addition, Party A shall have the right to claim against Party B for the penalty of overdue payment at the daily rate of 0.5‰ of the total outstanding amount until Party B pays off the amount due and payable. Where Party B fails to makes payment within 30 days, in addition to such penalty, Party B shall pay the damages to Party A at 20% of the outstanding amount.
6.4 Where Party B breaches Article 5.3 hereof, it shall assume the liability for breach of contract according to the contract.
2. If the product is delivered by Party A to Party B and Party B fails to raise any objection to the product quality within the acceptance period, Party B shall not apply for return or replacement; If the product quality problems caused by Party B due to Party B's reasons or the intervention of a third party, which are not caused by the product itself, and caused by Party B's failure to raise any objection within the time limit since the date of acceptance, Party A can repair and rework the products, and Party B shall bear the rework service fee, material fee, processing fee, labor wages and other expenses incurred by Party A;
3. If the payment is not made in advance and then delivered, the ownership of the goods stipulated in this agreement still belongs to Party A before Party B pays off the payment, and Party A has shall have the right to take back confiscate the goods at any timeperformance bond and rescind the Contract immediately.
6.5 Party A shall broadcast Party B’s advertisings on schedule. Meanwhile, before thisIn case of Errors or Omissions, Party B A shall properly keep take remedies on the goods principles of “Once for Each Error” or “Twice for Each Omission”, and ensure that they are intact. If there is any damage, the period of time shall be subject to Party B shall compensate Party A A’s arrangement according to the price program schedule. However, In case of adjustments of the goods agreed program concerned, time or channel of the program as a result of changes in relevant programs on the TV channels of Shanghai Media Group, instructions from higher authorities, machine troubles or other reasons whatsoever, which results in the agreement. If fact that certain advertisements cannot be broadcast or the amount is advertisements broadcast actually conflict with the orders, such circumstances shall not enough to make up for the losses, it shall also compensate Party A for all lossesbe deemed as Errors or Omissions.
4. If Party B violates the agreement or refuses to perform the cooperation content during the cooperation period of this agreement, and refuses to perform or even withdraws from the cooperation after being urged by Party A, Party A has the right not to return the initial fee paid by Party B as a security deposit; At the same time, Party B shall cooperate with Party A to return all cooperation materials such as cooperation project materials and trademark product authorization documents, and compensate all economic losses suffered by Party A;
5. If Party B violates this agreement and causes losses to Party A, all expenses (including but not limited to attorney fees, legal fees, arbitration fees, announcement fees, preservation fees, guarantee fees, appraisal fees and auction evaluation fees) incurred by Party A for safeguarding its own legitimate rights and interests shall be borne by Party B;
6. If Party B cancels or changes the order without authorization, it shall pay 20% of the order price as liquidated damages and compensate Party A for all losses such as stocking, labor and profit.
Appears in 1 contract
Liability for Breach of Contract. 110.1 Both parties shall abide by the contract during the lease term. If either party breaches this Contract and causes losses to the other party, it shall be liable for compensation.
10.2 during the lease term, party b overdue pay this contract shall be borne by party b of the rent and the lease process related costs, such as the rectification completed, party a has the right to terminate this contract in advance, and have the right to require party b from the date of the overdue standard to pay overdue payment penalty to party a.
10.3 If Party B breaches this Contract and causes the contract to be terminated in advance (except as stipulated in Article 12.2), Party A shall have the right to confiscate the performance deposit and require Party B shall strictly perform to pay liquidated damages for the terms stipulated in rent of the agreementfirst-month upon the early termination of this Contract. If one the contract is terminated in advance due to Party B’s breach of contract or other reasons, Party A shall not compensate Party B for the decoration expenses.
10.4 During the lease term, if either party breaches the contractcontract and causes losses to the other party or is investigated by a third party or subject to administrative punishment, the breaching party shall bear the liability for breach of contract shall, in addition to making compensation according to this clause, compensate the contract.
2. If the product is delivered by Party A to Party B and Party B fails to raise any objection reasonable expenses paid to the product quality within the acceptance period, Party B shall not apply for return or replacement; If the product quality problems caused by Party B due to Party B's reasons or the intervention of a third non-breaching party, which are not caused by the product itself, and caused by Party B's failure to raise any objection within the time limit since the date of acceptance, Party A can repair and rework the products, and Party B shall bear the rework service fee, material fee, processing fee, labor wages and other expenses incurred by Party A;
3. If the payment is not made in advance and then delivered, the ownership of the goods stipulated in this agreement still belongs to Party A before Party B pays off the payment, and Party A has the right to take back the goods at any time. Meanwhile, before this, Party B shall properly keep the goods and ensure that they are intact. If there is any damage, Party B shall compensate Party A according to the price of the goods agreed in the agreement. If the amount is not enough to make up for the losses, it shall also compensate Party A for all losses.
4. If Party B violates the agreement or refuses to perform the cooperation content during the cooperation period of this agreement, and refuses to perform or even withdraws from the cooperation after being urged by Party A, Party A has the right not to return the initial fee paid by Party B as a security deposit; At the same time, Party B shall cooperate with Party A to return all cooperation materials such as cooperation project materials and trademark product authorization documents, and compensate all economic losses suffered by Party A;
5. If Party B violates this agreement and causes losses to Party A, all expenses (including but not limited to attorney feesto:
10.4.1 Litigation costs, legal preservation costs, execution fees, arbitration fees, announcement fees, preservation fees, guarantee fees, appraisal and other taxes and fees and auction evaluation fees) incurred by Party A for safeguarding its own legitimate rights and interests shall be borne by Party Bpaid to the relevant government departments;
6. 10.4.2 Lawyer’s fee, notary fee and evaluation fee;
10.4.3 Evidence preservation fee and other reasonable expenses incurred in the process of transfer and evidence collection:
10.4.4 Travel expenses and business trip allowance.
10.5 If Party B cancels or changes fails to go through the order without authorizationcancellation registration of the leased property with the commercial registration authority as agreed herein, it party B shall pay 20liquidated damages to Party A at 5% of the order price as liquidated damages and compensate Party A total overdue amount for all losses such as stocking, labor and profiteach day overdue date.
Appears in 1 contract
Liability for Breach of Contract. 1. 9.1 If Party A and B delays in paying the transfer price, Party B shall strictly perform pay liquidated damages to Party A in an amount equal to 5‰ of the terms stipulated in the agreementoverdue amount of purchase price for each day of delay. If one party breaches the contract, the breaching party shall bear the liability for breach of contract according to the contract.
2. If the product is delivered by Party A to Party B and Party B fails to raise any objection to make full payment of the product quality transfer price within 30 days of the acceptance period, Party B shall not apply for return or replacement; If the product quality problems caused by Party B due to Party B's reasons or the intervention receipt of a third party, which are not caused by the product itself, and caused by Party B's failure to raise any objection within the time limit since the date reminder of acceptancelate payment, Party A can repair and rework shall be entitled to terminate this Contract, request Party B to bear its liability for breach by paying 30% of the productstransfer price under this Contract, and request Party B shall bear the rework service fee, material fee, processing fee, labor wages and other expenses incurred by Party A;
3. If the payment is not made in advance and then delivered, the ownership of the goods stipulated in this agreement still belongs to Party A before Party B pays off the payment, and Party A has the right to take back the goods at any time. Meanwhile, before this, Party B shall properly keep the goods and ensure that they are intact. If there is any damage, Party B shall compensate Party A according to the price of the goods agreed in the agreement. If the amount is not enough to make up for the losses, it shall also compensate Party A for all its losses.
49.2 If either Party delays in cooperating with the other Party in closing the assets transaction or delivering the assets, the breaching Party shall pay liquidated damages to the non-breaching Party in an amount equal to 5‰ of the transfer price for each day of delay. If the breaching Party B violates fails to cooperate with the agreement non-breaching Party in closing the assets transaction within 30 days of the receipt of a reminder, the non-breaching Party shall be entitled to terminate this Contract and request the breaching Party to compensate the non-breaching Party for its losses.
9.3 If either Party hereto breaches any obligation or refuses responsibility set forth in this Contract, which causes any loss to perform the cooperation content during other Party, the cooperation period breaching Party shall be liable to compensate the non-breaching Party; if the purposes of this agreementContract cannot be effected due to any material adverse effect of the breaching Party’s breach on the transferred assets or the transferor, and refuses to perform or even withdraws from the cooperation after being urged by non-breaching Party A, Party A has the right not to return the initial fee paid by Party B as a security deposit; At the same time, Party B shall cooperate with Party A to return all cooperation materials such as cooperation project materials and trademark product authorization documents, and compensate all economic losses suffered by Party A;
5. If Party B violates this agreement and causes losses to Party A, all expenses (including but not limited to attorney fees, legal fees, arbitration fees, announcement fees, preservation fees, guarantee fees, appraisal fees and auction evaluation fees) incurred by Party A for safeguarding its own legitimate rights and interests shall be borne by entitled to terminate this Contract and request the breaching Party B;
6. If to compensate the non-breaching Party B cancels or changes the order without authorization, it shall pay 20% of the order price as liquidated damages and compensate Party A for all losses such as stocking, labor and profitits losses.
Appears in 1 contract
Liability for Breach of Contract. 1. Party A and Party B During the term of this Contract, both parties shall strictly perform the terms stipulated in the agreementof this Contract and shall not cancel, alter, modify or terminate this Contract unilaterally; The contents of this Contract and its supplementary agreement (if any) shall be kept strictly confidential. If one party breaches the contractThe contents of this Contract and its supplementary agreement (if any) shall not be disclosed to any third party; otherwise, the breaching party shall indemnify the other party for the economic losses caused thereby and bear the liability for breach of contract according to the contractlegal liabilities arising therefrom.
2. If the product is delivered by Party A cancels or stops to Party B and Party B fails to raise any objection to provide the product quality within the acceptance period, Party B shall not apply for return or replacement; If the product quality problems caused films shown by Party B due to Party B's reasons or the intervention of a third party, which are not caused by the product itself, and caused by Party B's failure to raise any objection within the time limit since the date of acceptancewithout reason, Party A can repair shall be liable for breach of contract and rework the products, and compensate Party B shall bear for the rework service feeeconomic losses caused thereby. Beijing Huaxia United Theater Circuit Co., material fee, processing fee, labor wages and other expenses incurred by Party A;Ltd. Confidential
3. If the payment is not made in advance and then delivered, the ownership of the goods stipulated in this agreement still belongs to film provided by Party A before Party B pays off causes legal disputes due to the paymentright of theatrical distribution and screening of such film, and Party A has the right to take back the goods at any time. Meanwhile, before this, Party B shall properly keep the goods and ensure that they are intact. If there is any damage, Party B shall compensate Party A according to the price of the goods agreed in the agreement. If the amount is not enough to make up for the losses, it shall also compensate Party A for all lossesbear relevant responsibilities.
4. If Party B violates fails to use a third-party film as agreed in the agreement or refuses to perform the cooperation content during the cooperation period of this agreement, and refuses to perform or even withdraws from the cooperation after being urged by Party A, Party A has the right not to return the initial fee paid by Party B as a security deposit; At the same time, Party B shall cooperate with be liable for breach of contract and pay Party A penalty equals to return all cooperation materials such as cooperation project materials and trademark product authorization documents, and compensate all economic losses suffered by the double of the income of Party A;B received from screening the film.
5. If Party B violates this agreement shows the film provided by Party A in a place other than its cinema, Party B shall be liable for breach of contract. The box office revenue thus obtained by Party B shall be credited to the total box office revenue of the film, and causes losses Party B shall pay a penalty to Party A, all expenses A equals to ten times of the amount of such income.
6. If Party B breaches the contract and sells the tickets at a price that is lower than the minimum price (including but not limited to attorney feesgift tickets, tickets purchased online, e-commerce platform subsidies), Party B shall make up the difference to the minimum price according to the actual number of people have paid the lower price, and shall pay a penalty to Party A that equals to five times of such difference. If the exchange voucher is used and it has a difference to the actual ticket price in the ticketing system, in addition to making up the difference to Party A, Party B shall pay a penalty to Party A that is ten times of the difference between the actual price of the exchange voucher and the ticket price in the system.
7. If party B breaches the contract and there is infringing recording activities, Party B shall bear all the economic liability (including but not limited to, the producers of the film, the distributor of the film and the film’s copyright owners) and the legal feesresponsibility, arbitration feesas well as the administrative penalties from National Film Bureau and China Association of Film Distribution; If such activities violate the relevant laws, announcement feesit should be penalized according to the law.
8. If Party B breaches the contact to steal, preservation feesomit or conceal the box office revenue, guarantee feesParty B shall truthfully report all the box office revenue stolen, appraisal omitted or concealed and pay Party A the required percentage in full. In addition, Party B shall pay a penalty to Party A equals to ten times of the amount of box office income stolen, omitted or concealed.
9. If Party B delays in paying split revenues to Party A, Party B shall pay a penalty equal to 0.5% per day for the amount overdue. If Party B fails to pay the split revenues to Party A required hereof for [10] days or for two consecutive times, Party A shall have the right to suspend the supply of films until Party B has paid all the fees and auction evaluation fees) incurred penalties to Party A.
10. If Party B breaches the contract, in addition to being liable for the breaches hereof, Party B shall also be punished in accordance with the penalty provisions by the film distributor.
11. Party B shall abide by the rules of the film industry and accept inspection by the supervision company in the industry. If there is any material breach, including but not limited to the omission and concealment of box office revenues, Party A for safeguarding its own legitimate rights shall have the right to unilaterally terminate this contract in writing after inspection and interests verification by the supervised company.
12. Party B shall not conduct commercial promotion, sign any agreement or impose any obligation in the name of Party A or Party A’s affiliates; otherwise, all consequences arising therefrom shall be borne by Party B;
6. If , which has nothing to do with Party A and Party A’s affiliates, and Party B cancels or changes the order without authorization, it shall pay 20% of the order price as liquidated damages and compensate Party A for all losses such as stockingthus caused to Party A and Party A’s affiliates. Beijing Huaxia United Theater Circuit Co., labor and profit.Ltd. Confidential
Appears in 1 contract
Samples: Franchise Agreement (Cine Top Culture Holdings Ltd.)
Liability for Breach of Contract. 1. Both Party A and Party B shall strictly perform abide by the terms stipulated in stipulations of this agreement and the agreement. If one party breaches the contractschedules hereto, the breaching party and shall bear the liability for breach of contract according to the contractaccordingly.
2. If Party B provides false information and materials as breach of contract and causes the product is delivered by invalidity of the debt project loan contract, it shall, beside compensate for the losses of the investors of the platform (Assignee of the creditor’s rights) according to agreement and the losses of Party A, pay to Party A penalty for breach of contract equal to Party B and 30% of the total amount of the loan.
3. If Party B fails to raise any objection fulfill the prudent scrutiny obligation to the product quality within borrower of the acceptance periodcredit project, Party B shall not apply for return thus causing losses to the investors of the platform (Assignee of the creditor’s rights) or replacement; If the product quality problems caused by Party B due to Party B's reasons or the intervention of a third party, which are not caused by the product itself, and caused by Party B's failure to raise any objection within the time limit since the date of acceptance, Party A can repair and rework the products, and Party B shall bear the rework service fee, material fee, processing fee, labor wages and other expenses incurred by Party A;
3. If the payment is not made in advance and then delivered, the ownership of the goods stipulated in this agreement still belongs to Party A before Party B pays off the payment, and Party A has the right to take back the goods at any time. Meanwhile, before this, Party B shall properly keep the goods and ensure that they are intact. If there is any damage, Party B shall compensate for such losses, and pay to Party A according 10% of the loan amount of the business as penalty for breach of contract. If Party B has such defaults twice, Party A shall have the right to choose to unilaterally terminate this agreement.
4. If either party of Party A and Party B is in violation of the confidentiality agreement, the breaching party shall pay the penalty for breach of contract RMB 1 million yuan to the price observant party, if the losses thus caused surpass the penalty for breach of the goods agreed in the agreement. If the amount is not enough to make up for the lossescontract, it shall also compensate Party A for all losses.
4such loss. If Party B violates the agreement or refuses to perform the cooperation content during the cooperation period of this agreement, and refuses to perform or even withdraws from the cooperation after being urged by Party A, Party A has the right not to return the initial fee paid by Party B as a security deposit; At the same time, Party B the observant party shall cooperate with Party A have the right to return all cooperation materials such as cooperation project materials and trademark product authorization documents, and compensate all economic losses suffered by Party A;terminate this agreement.
5. If Party B violates this agreement has other breach of contract, and causes losses to Party A, all expenses (including but not limited to attorney feesParty B shall compensate for such losses, legal feesat the same time, arbitration fees, announcement fees, preservation fees, guarantee fees, appraisal fees and auction evaluation fees) incurred by Party A pay the penalty for safeguarding its own legitimate rights and interests shall be borne by Party B;breach of contract RMB 1 million yuan.
6. If Party B cancels or changes the order without authorization, it shall pay 20% default of the order price as liquidated damages and compensate Party A causes losses to Party B, Party A shall compensate for all such losses, at the same time, pay the penalty for breach of contract RMB 1 million yuan.
7. The losses such as stockingreferred to in this agreement, labor include but are not limited to creditor’s rights project service fee, principal and profitinterest, penalty for breach of contract, and the attorney’s fees and traveling expenses valuation fee, auction fees, litigation costs etc. incurred due to the claim for the rights.
Appears in 1 contract
Liability for Breach of Contract. (1. ) If Party A and falls under one of the circumstances stipulated in Article 9 (3), Party A shall pay Party B shall strictly perform a penalty of 2 months’ rent as the terms standard, and refund it at the same time The second party has paid the deposit and unused rent for the lease term; If Party B falls under one of the circumstances stipulated in Article 9 (4), it shall pay a rent of 2 months as the agreementstandard Party A shall pay a penalty for breach of contract.
(2) During the lease term, if Party A reclaims the property for personal use or Party B terminates the lease in advance, Party A shall notify the other party 3 months in advance. If one Party A fails to notify the other party breaches the contractin advance, the breaching defaulting party shall bear The first paragraph of the liability for breach of contract according to the contractclause shall be applied in conjunction with each other.
2(3) The business registration, business license, and tax control of Party B in the leased property shall be moved out within 10 days after the termination of the lease agreement. If the product is delivered by Party A to Party B and Party B fails to raise any objection to the product quality move out within the acceptance perioddeadline, Party B shall not apply for return or replacement; If pay the product quality problems caused by Party B due to Party B's reasons or the intervention of a third party, which are not caused by the product itself, and caused by Party B's failure to raise any objection within the time limit since the date of acceptance, Party A can repair and rework the products, and Party B shall bear the rework service fee, material fee, processing fee, labor wages and other expenses incurred by Party A;
3. If the payment is not made in advance and then delivered, the ownership of the goods stipulated in this agreement still belongs rent to Party A before Party B pays off based on the paymentnumber of days overdue, and Party A has the right to take back apply to the goods at any timeindustry and commerce department to classify Party B’s company as abnormal operation until Party B actually moves out the business license and tax control. Meanwhile, before thisParty A shall refund the remaining deposit to Party B
(4) If this contract is terminated prematurely due to the breach of contract by Party B (including the expiration of the lease term), Party B shall properly keep vacate the goods house and ensure that they are intact. If there is any damage, Party B shall compensate return the house to Party A according to within the price agreed time of the goods agreed in the agreement. If the amount is not enough to make up for the losses, it shall also compensate Party A for all losses.
4. termination or termination; If Party B violates fails to vacate the agreement or refuses to perform house on its own within the cooperation content during the cooperation period of this agreement, and refuses to perform or even withdraws from the cooperation after being urged by Party Aagreed time, Party A has the right not to return immediately take back the initial fee paid by Party B house and keys, and has the right to take self-help measures such as a security deposit; changing locks, cutting off water and electricity, and preventing personnel from entering and operating in the leased area. At the same time, Party B shall cooperate with B’s belongings can be cleared out of the house. Party A to return all cooperation materials such as cooperation project materials and trademark product authorization documentsdoes not assume any responsibility for storage or compensation, and compensate all economic losses suffered by Party A;
5. If Party B violates this agreement agrees to bear all consequences and causes losses to Party A, all expenses (including but not limited to attorney fees, legal fees, arbitration fees, announcement fees, preservation fees, guarantee fees, appraisal fees and auction evaluation fees) incurred by Party A for safeguarding its own legitimate rights and interests shall be borne by Party B;
6. If Party B cancels or changes the order without authorization, it shall pay 20% of the order price as liquidated damages and compensate Party A for all losses such as stocking, labor and profitresponsibilities arising from this.
Appears in 1 contract
Samples: Housing Lease Contract (Xiao-I Corp)
Liability for Breach of Contract. 110.1 If either party violates this agreement or makes it impossible to continue to perform this agreement , the breaching party shall compensate the observant party for all actual losses, including but not limited to litigation fees, attorney fees, preservation fees, preservation insurance fees, appraisal fees, and evaluation fees. , announcement fee, etc.
10.2 If during the performance of this contract, due to changes in laws, regulations and policies, the relevant licenses and qualifications cannot be handled, Party A and Party B shall strictly perform first negotiate and adopt other methods to complete the terms stipulated acquisition of power station assets on the basis of this contract. And sign a supplementary agreement; if it cannot be resolved by other means, the contract will be terminated, and both parties will not be liable for breach of contract.
10.3 If Party B violates 2.3 of Article 2 Cooperation Contents of this Agreement , it shall compensate Party A for its economic losses, including but not limited to investment, available benefits, litigation fees, attorney fees, etc.
10.4 If Party A fails to pay within the time agreed in the agreement. If one party breaches the contract, it shall pay 1 ‰ of the breaching party shall bear the liability for breach of contract according to the contract.
2. If the product is delivered by Party A total overdue payment amount to Party B as a penalty every day; if Party A overdue payment exceeds 30 days, Party B shall have the right to terminate the contract and request Party A Compensation for corresponding losses.
10.5 If Party B fails to raise any objection to the product quality within the acceptance period, Party B shall not apply for return or replacement; If the product quality problems caused by Party B due to Party B's reasons or the intervention of a third party, which are not caused by the product itself, and caused by Party B's failure to raise any objection pay within the time limit since agreed in the date contract, it shall pay 1 ‰ of acceptance, the total overdue payment amount to Party B as a penalty every day; if Party A can repair and rework the productsoverdue payment for more than 30 days, and Party B shall bear the rework service fee, material fee, processing fee, labor wages and other expenses incurred by Party A;
3. If the payment is not made in advance and then delivered, the ownership of the goods stipulated in this agreement still belongs to Party A before Party B pays off the payment, and Party A has the right to take back terminate the goods at any time. Meanwhilecontract and request Party B Compensation for corresponding losses.
10.6 Party A determines the repurchase and replacement of the power station according to the actual situation, before this, and Party B shall properly keep the goods and ensure that they are intact. If there is not refuse or delay for any damage, Party B shall compensate Party A according to the price of the goods agreed in the agreement. If the amount is not enough to make up for the losses, it shall also compensate Party A for all losses.
4reason. If Party B violates the agreement refuses or refuses to perform the cooperation content during the cooperation period of this agreement, and refuses to perform or even withdraws from the cooperation after being urged by Party Adelays, Party A has the right not to return unilaterally terminate the initial fee paid by contract and requires Party B as a security deposit; At to compensate Party A for the same timebreach of contract of 1 million yuan per station every year . The compensation period is 8 years.
10.7 If Party B fails to invest in the construction of the first batch of replacement power stations in accordance with the construction plan , Party B shall cooperate with pay Party A to return all cooperation materials such as cooperation project materials and trademark product authorization documents, and compensate all economic losses suffered by Party A;
510,000 yuan for each day overdue . If overdue exceeds 30 days , Party A has the right to unilaterally terminate the contract and require Party B violates this agreement and causes losses to Party A, all expenses (including but not limited to attorney fees, legal fees, arbitration fees, announcement fees, preservation fees, guarantee fees, appraisal fees and auction evaluation fees) incurred by Party A bear the corresponding liability for safeguarding its own legitimate rights and interests shall be borne by Party B;
6. If Party B cancels or changes the order without authorization, it shall pay 20% breach of the order price as liquidated damages and compensate Party A for all losses such as stocking, labor and profitcontract .
Appears in 1 contract
Liability for Breach of Contract. 1. If products delivered by Party A do not conform to Contract requirements in respect of model, specifications and technical parameters, Party B shall contact Party A on a product-by-product basis. Party A shall confirm the nonconforming part and come up with a solution within **** working days. Exchange is available for products confirmed by Party A to be defective upon pick up of the next shipment by Party B. If return of products is confirmed by Party A and Party B in writing, Party A shall strictly perform refund the terms stipulated in value of the agreementreturned products to Party B within **** working days.
2. If one Should either party breaches the contractfails to make delivery or payments on time, the breaching party shall bear pay a penalty to the liability non-breaching party of **** per day of the value of the delayed products or the amount of the overdue payments.
3. Each party shall be liable for its own breach of contract according Contract and shall compensate the non-breaching party for its economic loss resulting from the breach. The amount of compensation shall be equal to the contractamount of losses resulting from the breach, which will include any benefits that could be obtained if the Contract is fully performed, but not to exceed the losses that are foreseeable to the breaching party in signing the Contract.
24. If the product is delivered by Party A and Party B terminate the Contract upon consensus through amicable negotiation, Party A shall refund to Party B and the unused balance of the Prepayment (free of interest) within **** working days . If Party A fails to refund on time, Party A shall pay **** per day of the amount due to Party B fails to raise as a penalty.
5. If any objection to the product quality within the acceptance periodbreaches by Party B occur, Party B shall not apply for return or replacement; pay Party A a penalty according to the following terms: If the product quality problems caused by Party B due to Party B's reasons breaches or unilaterally repudiates the intervention of a third party, which are not caused by the product itself, and caused by Party B's failure to raise any objection within the time limit since the date of acceptanceContract, Party A can repair and rework may refuse to refund the products, and Party B shall bear the rework service fee, material fee, processing fee, labor wages and other expenses incurred Prepayment made by Party A;
3. If the payment is not made in advance and then delivered, the ownership of the goods stipulated in this agreement still belongs to Party A before Party B pays off the payment, and Party A has the right to take back the goods at any time. Meanwhile, before this, Party B shall properly keep the goods and ensure that they are intact. If there is any damage, B. Party B shall compensate Party A according to the price of the goods agreed in the agreement. If the amount is not enough to make up for the losses, it shall also compensate Party A for all losses.
4. If Party B violates the agreement or refuses to perform the cooperation content during the cooperation period of this agreement, and refuses to perform or even withdraws from the cooperation after being urged by Party A, Party A has the right not to return the initial fee paid by Party B as a security deposit; At the same time, Party B shall cooperate with Party A to return all cooperation materials such as cooperation project materials and trademark product authorization documents, and compensate all economic losses suffered by Party A;
5. If Party B violates this agreement and causes losses to Party A, all expenses (including but not limited to attorney fees, legal fees, arbitration fees, announcement fees, preservation fees, guarantee fees, appraisal fees and auction evaluation fees) incurred by Party A for safeguarding its own legitimate rights and interests shall be borne by resulting from Party B;’s non-performance.
6. If any breaches by Party A occur, Party A shall pay Party B cancels a penalty according to the following terms: If Party A breaches the Contract or changes fail to tender products as required by the order without authorizationContract, it Party A shall pay 20% refund the Prepayment (free of interest) to Party B within **** working days and also compensate Party B for its economic losses resulting from Party A’s failed tender of products. If Party A fails to refund the Prepayment on time, Party A is liable to Party B for a penalty of **** per day of the order price as liquidated damages and compensate Party A for all losses such as stocking, labor and profitPrepayment.
Appears in 1 contract
Liability for Breach of Contract. 1. 10.1 During the lease period, Party A and Party B shall strictly fails to perform the terms maintenance and conservation responsibilities as stipulated in the agreement. If one party breaches Contract in a timely manner, causing damage or loss of the contractplant, the breaching party shall bear the liability for breach of contract according to the contract.
2. If the product is delivered by Party A resulting in property loss or personal injury to Party B or/and Party B fails to raise any objection to the product quality within the acceptance perioda third party, Party B A shall not apply be liable for return or replacement; If compensation.
10.2 In the product quality problems caused by event that Party B A unilaterally exercises the right to cancel the Contract due to Party B's reasons or ’s fault that violates the intervention provisions of a third partythe Contract, which are not caused all rents and rental deposits paid by the product itselflessee before Party A cancels the Contract shall not be refunded, and caused by Party B's failure to raise any objection within in the time limit since the date of acceptancemeanwhile, Party A can repair and rework B is required to pay the products, and Party B shall bear the rework service liquidated damages with amount equivalent to 12-month rent (plant rent + plant property management fee, material fee, processing fee, labor wages and other expenses incurred by Party A;
3. If the payment is not made in advance and then delivered, the ownership of the goods stipulated in this agreement still belongs to Party A before Party B pays off the payment), and Party A has shall not be liable for compensation of any decoration value of Party B. At the same time, Party A reserves the right to take back the goods at any time. Meanwhile, before this, recourse to Party B shall properly keep for losses suffered by Party A due to Party B’s breach of contract before cancellation of the goods and ensure that they are intact. If there is any damage, Contract in accordance with other articles of the Contract and/or legal provisions.
10.3 In the event of Party B shall compensate unilaterally exercising the right to cancel the Contract due to Party A according to A’s fault that violates the price provisions of the goods agreed Contract, all rents and rental deposits paid by the lessee before Party B cancels the Contract but not actually used shall be refunded, in the agreement. If the amount is not enough to make up for the losses, it shall also compensate Party A for all losses.
4. If Party B violates the agreement or refuses to perform the cooperation content during the cooperation period of this agreement, and refuses to perform or even withdraws from the cooperation after being urged by Party Ameanwhile, Party A has is required to pay the right not liquidated damages equivalent to return the initial fee paid by Party B as a security deposit; 12-month rent (plant rent + plant property management fee). At the same time, Party B shall cooperate with reserves the right to recourse to Party A to return all cooperation materials such as cooperation project materials and trademark product authorization documents, and compensate all economic for losses suffered by Party B due to Party A;’s breach of contract before cancellation of the Contract in accordance with other articles of the Contract and/or legal provisions.
5. 10.4 If Party B violates this agreement and causes losses fails to obtain written consent from Party A, all expenses (including but not limited or exceeds the scope and requests of the written consent from Party A, to attorney feesrenovate the house or add auxiliary facilities, legal fees, arbitration fees, announcement fees, preservation fees, guarantee fees, appraisal fees and auction evaluation fees) incurred by Party A for safeguarding its own legitimate rights and interests shall be borne by Party B;
6. If may request Party B cancels to restore the house to its original state and compensate for the loss.
10.5 Unless otherwise agreed in the Contract, if one party fails to perform any or changes part of its obligations under the order without authorizationContract, it shall pay 20% bear the actual losses caused to other parties. If the breach of contract is caused by the order price as liquidated damages and compensate Party A for all losses such as stockingfault of both parties, labor and profitboth parties shall be liable according to the extent of their respective faults.
Appears in 1 contract
Samples: Plant Lease Contract (SES AI Corp)
Liability for Breach of Contract. 1. 8.1 Party A and Party B shall strictly perform the terms stipulated in stipulations of this Contract and the agreementspecific business contract. If one party breaches the contractfails to partly or wholly perform its obligations specified herein, the breaching party shall bear the relevant liability for breach of contract according and make compensation for losses caused to the contractother party.
2. If 8.2 During the product is delivered by execution process of this Contract, Party A shall be deemed having an event of default under any one of the following circumstances:
8.2.1 During the valid period of this Contract, Party A expressly indicates or indicates by its acts that Party A is unable to or fails to perform its obligations specified in this Contract or the specific business contract;
8.2.2 Party A does not perform any one obligation specified herein;
8.2.3 The documents in connection with this Contract that Party A submits to Party B and Party A’s representations and warranties given in Article 4 herein are proved untrue, inaccurate, incomplete or misleading;
8.2.4 Party A stops repayment of its debts due, or is unable to or shows inability to repay its debts;
8.2.5 Party A goes into shutdown, out of business, announced bankruptcy, dissolution, business license revoked or cancelled, or there is any litigation, arbitration, or criminal or administrative sanction which causes adverse consequences for Party A’s operation or property conditions, which may affect or damage or has affected or damaged Party B’s rights and interests hereunder that Party B thinks;
8.2.6 Party A’s domicile, business scope, legal representative, or industrial and commercial registered item is changed, or Party A has serious external investment, which seriously affects or threatens the realization of the creditor’s rights of Party B;
8.2.7 Party A suffers from major financial loss, asset loss, there is asset loss or other financial crisis arising from Party A’s external guarantee, which may affect or damage or has affected or damaged Party B’s rights and interests hereunder that Party B thinks;
8.2.8 Party A changes the credit purpose at random;
8.2.9 Party A’s controlling shareholder and other affiliated company suffers from major crisis in operation or finance, or there is any major affiliated transaction between Party A and its controlling shareholder and other affiliated company, which affects Party A’s normal operation;
8.2.10 There is adverse change to the industry where Party A is located, which seriously affects or threatens the realization of the creditor’s rights of Party B;
8.2.11 Party A’s senior management personnel are suspected of a significant corruption, bribery, fraud or illegal business case, which may affect or damage or has affected or damaged Party B’s rights and interests hereunder that Party B thinks;
8.2.12 Party A has any other breach for any other creditor, which affects the realization of the creditor’s rights of Party B;
8.2.13 Party A’s guarantor violates the guarantee contract or has any event of default under a guarantee contract, and Party A fails to raise provide a new security according to Party B’s requirements;
8.2.14 The mortgaged or pledged property hereunder is sealed, detained, reported loss, stopped payment or taken other compulsory measures, or has ownership dispute, suffers from or may suffer from any objection infringement from a third party, or its safety or soundness status is or will be adversely affected, and Party A fails to provide a new security according to Party B’s requirements;
8.2.15 Party A uses a false contract with an affiliated party to discount or pledge on the product quality within basis of bill receivable and accounts receivable without real trade background to take Party B's capital or credit;
8.2.16 Party A refuses to accept Party B’s supervision and inspection on the acceptance periodexecution situations of the specific business contract and relevant operation and financial activities;
8.2.17 Party A has escaped or attempts to escape its debts owing Party B through affiliated transactions;
8.2.18 Party A has other event which may affect or damage or has affected or damaged Party B’s rights and interests hereunder that Party B thinks;
8.3 Under any one of the circumstances specified in sub-clause 8.2 of this Contract, Party B shall have the right to exercise one or several of the following measures, to which Party A shall have no objection:
8.3.1 To adjust, cancel or terminate the comprehensive credit line hereunder, or to adjust the service life of the line;
8.3.2 To stop release of the comprehensive credit line hereunder; to announce immediate maturity of all or part of the debts hereunder; to demand Party A to immediately repay all or part of the credit line used;
8.3.3 To demand Party A to add security or take other measures to ensure Party B’s lawful rights and interests not apply infringed;
8.3.4 To exercise the right of guarantee;
8.3.5 According to the stipulations of this Contract, to make deduction directly from Party A’s any account opened with Party B or Party B’s branch for return or replacement; If repaying its all debts (including the product quality problems caused debts that Party B requires prepayment) under this Contract and the specific business contract, without obtaining Party A’s prior consent.
8.4 The expenses for realization of the creditor’s rights by Party B due to Party B's reasons or the intervention of a third party, which are not caused by the product itself, and caused by Party B's failure to raise any objection within the time limit since the date of acceptance, Party A can repair and rework the products, and Party B shall bear the rework service fee, material fee, processing fee, labor wages and other expenses incurred by Party A;
3. If the payment is not made in advance and then delivered, the ownership of the goods stipulated in this agreement still belongs to Party A before Party B pays off the payment, and Party A has the right to take back the goods at any time. Meanwhile, before this, Party B shall properly keep the goods and ensure that they are intact. If there is any damage, Party B shall compensate Party A according to the price of the goods agreed in the agreement. If the amount is not enough to make up for the losses, it shall also compensate Party A for all losses.
4. If Party B violates the agreement or refuses to perform the cooperation content during the cooperation period of this agreement, and refuses to perform or even withdraws from the cooperation after being urged by Party A, Party A has the right not to return the initial fee paid by Party B as a security deposit; At the same time, Party B shall cooperate with Party A to return all cooperation materials such as cooperation project materials and trademark product authorization documents, and compensate all economic losses suffered by Party A;
5. If Party B violates this agreement and causes losses to Party A, all expenses (including but not limited to attorney feeslitigation cost, legal feesbusiness traveling expenses, arbitration feesproperty preservation cost, announcement feesnotarization fee, preservation feescertification fee, guarantee feestranslation fee, appraisal fees and evaluation and auction evaluation feesexpenses) incurred by Party A for safeguarding its own legitimate rights and interests shall be borne by Party B;
6. If Party B cancels or changes the order without authorization, it shall pay 20% of the order price as liquidated damages and compensate Party A for all losses such as stocking, labor and profit.A.
Appears in 1 contract
Samples: Comprehensive Credit Granting Contract (Highpower International, Inc.)
Liability for Breach of Contract. 1. 12.1 After the entry into force of this contract, both Party A and Party B shall strictly perform the terms stipulated in the agreementtheir obligations under this contract. If one either party breaches the fails to perform or fails to fully perform this contract, the breaching party it shall constitute a breach of this contract and shall bear the corresponding liability for breach of contract according to the contract.
212.2 Due to the event caused by Party B or the guarantor under this contract, Party B has not completed the corresponding guarantee formalities of this contract in accordance with the contract, or Party B has failed to go through the formalities of withdrawal from Party A at the time stipulated in this contract. If the product is delivered by loan issuance time stipulated in this contract exceeds 30 days (including legal holidays and rest days), Party A shall have the right to terminate this contract, the outstanding loans shall no longer be issued, and the loans issued shall have the right to request Party B and to repay them immediately.
12.3 If Party B fails to raise any objection to repay the product quality within principal amount of the acceptance periodloan due (including early maturity) in accordance with the repayment period stipulated in this contract, Party B shall not apply for return or replacementshall, from the date of overdue, charge 50% as the penalty interest rate at the interest rate stipulated in this contract, and calculate and collect the overdue interest; If the product quality problems caused by Party B due fails to pay the interest within the term of the loan, the compound interest shall be calculated according to the loan interest rate stipulated in this contract; if the interest is not paid after the expiration of the loan, the compound interest shall be calculated according to the penalty interest rate stipulated in this paragraph.
12.4 If Party B fails to use the loan for the purpose stipulated in this contract, its principal and interest shall, from the date of breach of contract, be charged 100% as the penalty interest rate at the interest rate agreed upon in this contract, and the penalty interest and compound interest shall be calculated.
12.5 If the loan under this contract is overdue or not used for the purpose stipulated in the contract, overdue interest, penalty interest and compound interest shall be charged on a monthly basis.
12.6 Where Party A adopts litigation, arbitration or other means to realize its creditor's rights as a result of Party B's reasons or the intervention breach of a third partycontract, which are not caused by the product itself, and caused by Party B's failure to raise any objection within the time limit since the date of acceptance, Party A can repair and rework the products, and Party B shall bear the rework service feelitigation costs, material feearbitration fees, processing feesecurity fees, labor wages notice fees, evaluation fees, appraisal fees, auction fees, travel expenses, lawyers' fees and any other expenses incurred by Party A;
3. If A for the payment is not made in advance and then delivered, the ownership realization of the goods stipulated in this agreement still belongs to Party A before Party B pays off creditor's rights.
12.7 In the paymentevent of any of the following breach of contract, and Party A has the right to take back the goods at any time. Meanwhile, before this, request Party B shall properly keep to correct the goods breach of contract, declare that all loans issued are due immediately, recover the principal and ensure that they are intact. If there is any damage, Party B shall compensate Party A according to the price interest of the goods agreed loans issued in the agreement. If the amount is not enough to make up for the lossesadvance, it shall also and stop issuing loans, compensate Party A for all lossesthe losses caused by the breach of contract and to take corresponding measures to safeguard its legitimate rights and interests in accordance with the law:
12.7.1 Party B fails to use the loan or fail to pay the principal, interest and other accounts payable in full in accordance with the purpose and mode of payment stipulated in this contract;
12.7.2 Party B provides Party A with false or concealed loan application documents, balance sheet, income statement and other loan information, or conceals important business financial facts;
12.7.3 refusing to accept Party A's supervision and inspection of its use of loans and related production, business and financial activities;
12.7.4 Party B uses the loan to engage in equity investment;
12.7.5 Party B uses the loan to engage in speculative business or other illegal or illegal transactions in securities, futures, real estate, etc.;
4. If 12.7.6 Party B collects loans by borrowing or other means in order to obtain illegal income;
12.7.7 Party B defrauds the loan by other fraudulent means;
12.7.8 Party B makes use of the false contract with a third party to pledge to Party A with claims such as notes receivable and fictitious accounts receivable with no actual trade background to obtain bank funds;
12.7.9 Transferring assets at low prices or free of charge to evade bank claims;
12.7.10 Party B violates the any contract or agreement or refuses to perform the cooperation content during the cooperation period of this agreement, and refuses to perform or even withdraws from the cooperation after being urged by Party A, Party A has the right not to return the initial fee paid signed by Party B as a security deposit; At the same time, Party B shall cooperate party with others (including Party A to return all cooperation materials such as cooperation project materials and trademark product authorization documentsof this contract), and compensate all economic losses suffered by Party A;
5. If Party B or violates this agreement and causes losses to Party A, all expenses (including but not limited to attorney fees, legal fees, arbitration fees, announcement fees, preservation fees, any undertaking or guarantee fees, appraisal fees and auction evaluation fees) incurred by Party A for safeguarding its own legitimate rights and interests shall be borne given by Party B;
612.7.11 Party B shall have a deterioration of its financial position and break through the financial targets stipulated in Article 10.18 of this contract; Party A or other creditors shall be overdue; and Party B shall be involved in or about to be involved in major disputes; Or other material adverse changes that have or may affect its ability to perform its obligations under this contract. If Party B cancels changes its mode of operation, its own system or legal status, including, but not limited to, contracting, leasing, trusteeship, asset restructuring, debt restructuring, shareholding transformation, joint ventures, mergers (mergers), acquisitions, divisions, paid transfer of property rights, joint ventures (joint ventures), reduction of registered capital or application for closure and rectification, application for dissolution (or revocation), application for reorganization, settlement and bankruptcy, etc., failing to obtain the written consent of Party A and carry out the liability to pay off the debts under this contract or to provide a new guarantee approved by Party A.
12.7.12 The guarantee under this contract has undergone changes that are not conducive to the order without authorizationclaims of Party A, it shall pay 20% including, but not limited to, the mortgage, the destruction, loss, reduction of value or seizure, seizure, freezing, etc., of the order price as liquidated damages mortgaged property, the pledged property, the loss of the mortgage, the loss of the value of the pledged property, etc., where the guarantor violates any of the obligations established for it in the guarantee contract and compensate Party B fails to provide the required new guarantee at the request of Party A, or where the guarantor is involved in or is about to be involved in a major action sufficient to affect the creditor's rights of Party A;
12.7.13 The contract of guarantee or other means of guarantee is not effective, invalid, declared to be revoked, or the real right of the security has not been established or cancelled or eliminated in accordance with the law, or the guarantor appears to be partially or wholly incapacitated or expressly fails to perform the guarantee obligation, or if the guarantor violates any of the obligations or commitments agreed in the guarantee contract or violates its contract with a third party, and Party B fails to provide the required new guarantee at the request of Party A.
12.7.14 The statements and warranties made by Party B are untrue, inaccurate or materially concealed;
12.7.15 Party B expressly or through its own actions indicates its failure to perform its obligations under this contract;
12.7.16 Where the shareholder or actual controller of Party B is involved in or is about to be involved in a major dispute, which may affect the realization of Party A's creditor's rights;
12.7.17 If Party B violates any other obligations and commitments agreed upon in this contract, Party A for all losses such as stocking, labor considers that it is sufficient to affect the realization of its creditor's rights;
12.7.18 Any events that breach contract under any other credit contract signed between Party B and profitParty.
Appears in 1 contract
Liability for Breach of Contract. 1. (I) If Party B fails to go through the cancelation of the mortgage registration procedures of the real property on time, or fails to deliver the originals of the real property right certificates on time, or fails to cooperate in cancelling the real property right certificates, Party B shall pay liquidated damages to Party A at 0.05% of the total price of the real property per day after the due date. If it is overdue for more than 30 days and then further delayed for another 15 days after Party’s A notice, Party A shall have the right to terminate the agreement and Party B shall strictly perform return the terms stipulated in the agreement. If one party breaches the contract, the breaching party shall bear the liability for breach of contract according to the contract.
2. If the product is delivered amount paid by Party A to Party B and together with an amount that is twice of the deposit.
(II) If Party B fails to raise any objection to vacate the product quality within real property on time, Party B shall, from the acceptance perioddate of overdue, pay Party A liquidated damages at 0.05% of the total amount it received per day. Meanwhile, Party B shall not apply for return or replacement; If deduct RMB 12,233,187.15 of vacation reward from the product quality problems caused by Party B due total amount to Party B's reasons or the intervention of a third party, which are not caused by the product itself, and caused by Party B's failure to raise any objection within the time limit since the date of acceptance, Party A can repair and rework the productsbe paid hereunder, and Party B shall bear not be entitled to such reward any more.
(III) In the rework service feecourse of performing this agreement, material fee, processing fee, labor wages and other expenses incurred by Party A;
3. If the payment is not made in advance and then delivered, the ownership of the goods stipulated in this agreement still belongs to Party A before Party B pays off the payment, and Party A has the right to take back pay corresponding amount on behalf of Party B in accordance with related effective legal documents to eliminate the goods at defects of rights of the real property repurchased if any timeevent occurs that causes the rights of the real property repurchased defective, due to Party A or any third party. MeanwhileFor any expense arisen or borne, before thisParty A can deduct it from outstanding repurchase price, and Party A shall be deemed to have performed its obligation of such payment under this agreement.
(IV) If Party B delays to carry out other obligations agreed hereunder, which caused Party A fails to complete the repurchase of the real property smoothly, Party B shall properly keep be deemed to have breached the goods agreement and ensure that they are intact. If there is any damage, Party B shall compensate Party A according shall have the right to the price of the goods agreed in terminate the agreement. If Party B then shall return the amount is not enough to make up for the losses, it shall also compensate Party A for all losses.
4. If Party B violates the agreement or refuses to perform the cooperation content during the cooperation period of this agreement, and refuses to perform or even withdraws from the cooperation after being urged by Party A, Party A has the right not to return the initial fee paid by Party B as a security deposit; At A with an amount that is twice of the same time, Party B shall cooperate with Party A to return all cooperation materials such as cooperation project materials and trademark product authorization documents, and compensate all economic losses suffered by deposit within five (5) business days upon receipt of Party A;
5. If Party B violates this agreement and causes losses ’s notice to Party A, all expenses (including but not limited to attorney fees, legal fees, arbitration fees, announcement fees, preservation fees, guarantee fees, appraisal fees and auction evaluation fees) incurred by Party A for safeguarding its own legitimate rights and interests shall be borne by Party B;
6. If Party B cancels or changes terminate the order without authorization, it shall pay 20% of the order price as liquidated damages and compensate Party A for all losses such as stocking, labor and profitagreement.
Appears in 1 contract
Samples: Real Property Repurchase Agreement (Kandi Technologies Group, Inc.)
Liability for Breach of Contract. (I) Where Party A commits one of the following behaviors during the term of lease, Party A shall undertake the following liabilities for breach of contract:
1. Where Party A fails to deliver the House to Party B according to the time stipulated herein, then for each day delayed, Party A shall pay Party B the penalty equivalent to 0.05% of the total amount of contract rent. Where the delivery is delayed by more than fifteen (15) days, Party A shall be deemed to not implement the Contract, Party B shall have the right to rescind the Contract and have the rental deposit refunded; Party A shall not only pay the penalty according to the above-mentioned regulations. Where the penalty paid is lower than Party B’s losses, Party A shall take charge of making the compensation.
2. Within the term of lease, where Party A fails to implement the repair and maintenance responsibilities stipulated herein in time, so that the House is damaged, and Party B suffers from property losses or personal injuries, Party A shall strictly perform undertake the terms stipulated liability for compensation.
3. Within the term of lease, where Party A rescinds the Contract at random, and takes back the House in advance, Party A shall refund the agreementrental deposit, and pay Party B the penalty equivalent to double of the monthly rent. If Where the penalty paid is less than Party B’s losses, Party A shall still make the compensation.
(II) Within the term of lease, where Party B commits one party breaches of the contractfollowing behaviors, Party B shall undertake the breaching party shall bear the following liability for breach of contract according contract:
1. Where Party B changes the lease purpose regulated herein at random, Party A shall have the right to rescind the contract.Contract without refunding the rental deposit; and where this brings about losses to Party A, Party B shall still be responsible for the compensation;
2. If the product is delivered by Party A to Where Party B uses the House to deal with illegal and criminal activities, or where Party B fails to raise any objection use the Leased House according to the product quality within stipulations of the acceptance periodContract, Party A shall have the right to rescind the Contract without refunding the rental deposit; and where this brings about losses to Party A, Party B shall not apply still be responsible for return or replacement; If the product quality problems caused by Party B due to Party B's reasons or the intervention of a third party, which are not caused by the product itself, and caused by Party B's failure to raise any objection within the time limit since the date of acceptance, Party A can repair and rework the products, and Party B shall bear the rework service fee, material fee, processing fee, labor wages and other expenses incurred by Party Acompensation;
3. If Where Party B delays the payment is not made in advance and then delivered, the ownership of the goods stipulated in this agreement still belongs to Party A before Party B pays off the paymentrent, and Party A has the right to take back the goods at any time. Meanwhile, before this, Party B shall properly keep the goods and ensure that they are intact. If there is any damagethen for each day delayed, Party B shall compensate the penalty to Party A according to the price as per 0.05% of the goods agreed in total amount of contract rent. Where the agreement. If the amount is not enough to make up delay lasts for the losses, it shall also compensate Party A for all losses.
4. If Party B violates the agreement or refuses to perform the cooperation content during the cooperation period of this agreement, and refuses to perform or even withdraws from the cooperation after being urged by Party A, Party A has the right not to return the initial fee paid by Party B as a security deposit; At the same timemore than thirty (30) days, Party B shall cooperate with be deemed to not implement the Contract, Party A shall have the right to return all cooperation materials such as cooperation project materials and trademark product authorization documentsrescind the Contract without refunding the rental deposit; Party B shall not only pay the penalty according to the above-mentioned regulations, and but also compensate all economic losses suffered by Party A’s losses where the penalty paid is lower than Party A’s losses;
54. If Within the term of lease, where Party B violates throws the lease midway at random without Party A’s prior permission, the rental deposit shall not be refunded; where this agreement and causes brings about losses to Party A, all expenses (including but not limited Party B shall still be responsible for the compensation;
5. Upon the expiry of the term of lease, Party B shall return the House on schedule. Where Party B delays in returning the House, Party B shall pay double rent to attorney fees, legal fees, arbitration fees, announcement fees, preservation fees, guarantee fees, appraisal fees and auction evaluation fees) incurred by Party A for safeguarding its own legitimate rights and interests shall be borne by Party B;
6. If Party B cancels or changes during the order without authorization, it shall pay 20% of the order price as liquidated damages and compensate Party A for all losses such as stocking, labor and profitdelayed period.
Appears in 1 contract
Samples: Housing Lease Contract (American Education Center, Inc.)
Liability for Breach of Contract. 1. Party A and Party B shall strictly perform the terms stipulated in the agreementof this Agreement. If one either party breaches the contract, the breaching party shall bear the liability for breach of contract according to by the contractagreement About responsibility.
2. If the product is delivered to Party B by Party A to Party B and Party B fails to does not raise any objection objections to the product quality within the acceptance period, Party B shall not apply for return or replacement; If if the product quality problems caused by Party B due to Party B's reasons or the intervention of a third party, which are not caused by the product itself, and caused itself may be repaired by Party B's failure to raise any objection within the time limit since the date of acceptanceA, Party A can repair and rework the products, and Party B shall bear the rework service fee, material fee, processing fee, labor personnel wages and other expenses incurred by Party A;
3. If the payment for goods is not made in advance and then deliveredby payment before delivery, Party B shall keep the ownership of the goods stipulated in this agreement still belongs agreed herein to Party A before Party B pays off the paymentpayment is paid, and Party A has shall have the right to take back retrieve the goods at any time. Meanwhile, before thisAt the same time, Party B shall properly keep the goods properly before this and ensure that they the goods are intactintact and undamaged. If there is In case of any damage, Party B shall compensate Party A for the money according to the price of the goods agreed in the agreement. herein If the amount is not enough insufficient to make up for the lossesloss, it shall also compensate Party A for all the losses.;
4. If Party B violates the agreement or refuses to perform the cooperation content during the cooperation period of this agreement, Agreement and remains after being urged by Party A If Party B refuses to perform or even withdraws withdraw from the cooperation after being urged by Party Acooperation, Party A has shall pay the right franchise fee as the deposit and refuse not to return the initial fee paid by Party B as a security deposit; At the same timefee. Meanwhile, Party B shall cooperate with Party A to return all cooperation materials such as cooperation project materials and materials, trademark product authorization documents, documents and other cooperation materials and compensate all Party A for the cause All the economic losses suffered by Party Ahere;
5. If Party B violates this agreement Agreement and causes losses to Party A, all expenses incurred by Party A to safeguard its own legal rights and interests (including but not limited to attorney feesfee, legal feesfee, arbitration feesfee, announcement feesfee, preservation feesfee, guarantee feespremium, appraisal fees fee and auction Auction evaluation feesfee) incurred by Party A for safeguarding its own legitimate rights and interests shall be borne by Party B;
6. If Party B cancels or changes the order without authorization, it shall pay 20% of the order price as liquidated damages penalty and compensate Party A for all losses such as stockingStock up, labor labor, profit and profitother losses.
Appears in 1 contract
Samples: Product Authorization and Sales Cooperation Agreement (MED EIBY Holding Co., LTD)
Liability for Breach of Contract. (1. ) If any of the following events occurs, such an event shall be deemed to be a breach of this Agreement:
a. Shanghai HJX Electronic fails to pay in full the fee for the technology services under the exclusive Services Agreement within a reasonable time limit as specified therein;
b. Party B fails fully to perform its obligations under the Loan Agreement;
c. Any of the representations or warranties Party B makes in Article 3 hereof proves to be inconsistent with any of the major facts or false and/or Party B is out of compliance with any of the warranties it makes in Article 3 hereof;
d. Party B is out of compliance with any of the undertakings it makes in Article 4 hereof;
e. Party B is in violation of any of the provisions hereof;
f. Without Party A’s previous written consent, Party B has relinquished or transferred the equity interest that has been pledged hereunder;
g. In the case that Party B has got any loan from a third party or provided any guaranty for a third party, is required to pay any compensation to a third party, has made an undertaking to a third party, or is under any other liability to a third party,
(i) Party B is required to repay such loan, perform such guaranty or undertaking, pay such compensation, or discharge such liability ahead of time; or
(ii) Party B is unable to discharge any of the aforesaid liabilities when it becomes due so that Party A and believes that Party B’s capacity to perform this Agreement is adversely affected as a result;
h. Party B shall strictly is unable to repay its general debts or any other debts;
i. Any new laws or regulations have been promulgated that have rendered this Agreement illegal or Party B unable to continue to perform its obligations hereunder;
j. All the terms stipulated approvals, licenses, consents or authorizations of the government authorities that have made this Agreement performable and effective are revoked, terminated, have become invalid, or have been substantially modified;
k. Any adverse change has occurred to the assets under Party B’s ownership so that Party A believes that Party B’s capacity to perform this Agreement is adversely affected as a result;
l. The successor to, or manager of, Shanghai HJX Electronic can only perform part of the obligation to pay the fee under the Services Agreement or refuses to perform such obligation; or
m. There occurs any other event in which Party A cannot exercise the pledge right hereunder.
(2) As soon as Party B is informed, or has become aware, that any of the events as described in the agreementpreceding paragraph is likely to occur, it shall notify Party A in writing of such likelihood. Except as any of the breaches of contract as described in the preceding paragraph has been successfully remedied to Party A’s satisfaction, at the time of such occurrence or any time thereafter, Party A may serve a notice of such breach on Party B and dispose of the equity interest to be pledged hereunder in accordance with the provisions of Article 5 hereof.
(3) If one party breaches either Party is in breach of any of the contractprovisions hereof, the breaching party shall bear be liable to the liability non-breaching party for breach of contract according and compensate the non-breaching party for any losses it may suffer as a result of such breach. The non-breaching party may grant the breaching party a certain period of grace, in which the breaching party shall be required to the contractremedy such breach.
2. (4) If the product is delivered by Party A to Party B and Party B breaching party fails to raise take any objection to the product quality remedial measures within the acceptance period, Party B shall not apply for return or replacement; If the product quality problems caused by Party B due to Party B's reasons or the intervention a reasonable period of a third party, which are not caused by the product itself, and caused by Party B's failure to raise any objection within the time limit since the date of acceptance, Party A can repair and rework the products, and Party B shall bear the rework service fee, material fee, processing fee, labor wages and other expenses incurred by Party A;
3. If the payment is not made in advance and then deliveredgrace, the ownership of the goods stipulated in this agreement still belongs to Party A before Party B pays off the payment, and Party A has non-breaching party shall have the right to take back terminate this Agreement and require that the goods at breaching party compensate it for any time. Meanwhile, before this, Party B shall properly keep the goods and ensure that they are intact. If there is any damage, Party B shall compensate Party A according to the price of the goods agreed in the agreement. If the amount is not enough to make up for the losses, actual losses it shall also compensate Party A for all losses.
4. If Party B violates the agreement or refuses to perform the cooperation content during the cooperation period of this agreement, and refuses to perform or even withdraws from the cooperation after being urged by Party A, Party A has the right not to return the initial fee paid by Party B may suffer as a security deposit; At the same timeresult, Party B shall cooperate with Party A to return all cooperation materials such as cooperation project materials and trademark product authorization documents, and compensate all economic losses suffered by Party A;
5. If Party B violates this agreement and causes losses to Party A, all expenses (including but not limited to attorney fees, legal fees, arbitration fees, announcement fees, preservation fees, guarantee fees, appraisal fees all the reasonable expenses the non-breaching party may incur in connection with the execution and auction evaluation fees) performance hereof (including expenses and costs incurred by Party A for safeguarding its own legitimate rights and interests shall be borne by Party B;
6. If Party B cancels or changes in connection with the order without authorization, it shall pay 20% engagement of the order price as liquidated damages and compensate Party A for all various intermediary agencies), provided, however, that such compensation shall not exceed losses such as stockingthat, labor and profitat the time of execution hereof, the breaching party foresaw or should have reasonably foreseen its breach hereof might cause to the other Party.
Appears in 1 contract
Samples: Equity Pledge Agreement (Acorn International, Inc.)
Liability for Breach of Contract. (1) Both parties hereof shall perform the agreement in a responsible manner. If either party fails to perform, slack to perform or breaches the agreement, the non-breaching party will have the right to take the following solutions:
1. Party A and Party B shall strictly perform the terms stipulated in the agreement. If one party breaches the contract, Demand the breaching party shall bear the liability for breach to correct acts of contract according to the contract.breach;
2. Demand the breaching party to bear the responsibility for all the losses of the non-breaching party.
3. Terminate this agreement after noticing the breaching party.
(2) If the product is delivered by Party A to Party B and Party B fails to raise any objection to the product quality within the acceptance period, Party B shall not apply for return or replacement; If the product quality problems caused by Party B due to Party B's reasons or the intervention of a third party, which are not caused by the product itself, and caused by Party B's failure to raise any objection make payment within the time limit since stipulated by the date of acceptancecontract, Party A can repair and rework the products, and Party B it shall bear the rework service fee, material fee, processing fee, labor wages and other expenses incurred by Party A;
3. If the payment is not made in advance and then delivered, the ownership of the goods stipulated in this agreement still belongs pay overdue penalty to Party A before Party B pays off in accordance with the payment, and Party A has the right to take back the goods at any time. Meanwhile, before this, Party B shall properly keep the goods and ensure that they are intact. If there is any damage, Party B shall compensate Party A according to the price (5/10000) of the goods agreed in the agreement. If the amount is not enough to make up for the losses, it shall also compensate Party A for all losses.
4payable every day. If Party B violates breaches other relevant stipulations of the agreement or refuses to perform the cooperation content during the cooperation period of this agreement, Party A shall have the right to demand Party B to correct timely or ask for remedy. . If Party B fails to take measures within 72 hours, Party A shall have the right to suspend the service and refuses terminate the contract, if other losses are brought to perform or even withdraws from the cooperation after being urged by Party A, Party A has shall have the right not to return directly deduct the initial fee paid by penalty and losses as above stated from the(advance payment) of Party B as a security deposit; At the same time, and demand Party B shall cooperate with Party A to return all cooperation materials such as cooperation project materials and trademark product authorization documents, and compensate all economic losses suffered by Party A;make compensation.
5. (3) If Party B violates fails to pay the general expenses to Party B on schedule, and does not pay yet without any justified reasons 30 days after receipt of the collection notice of Party A. Party A shall be entitled to terminate the agreement. .. Party A shall have the right to stop providing services during the collection period.
(4) Either party can unilaterally terminate this agreement and causes losses notify the other party under the circumstances that the governing authority introduces prohibitive or temporary governing notices, regulations or relevant governing authority introduce relevant policies about the business stipulated in the agreement, which lead to the failure of performing this contract by either party .
(5) In case of the termination and dissolution of the contract, which is caused by the breach of the agreement or fault of Party B, Party A shall not pay the advance payment or expenses back to Party AB. Meanwhile Party B shall, all expenses (according to the unit prices specified in the annex of the agreement, pay the full amount that was free for Party B during the operation or the amount not paid yet for enjoying the depository business service at a preferential rate. The fee shall be including but not limited to attorney feesaccess fee, legal feesdepository fee, arbitration feestransaction fee, announcement fees, preservation fees, guarantee fees, appraisal fees and auction evaluation fees) incurred by Party A for safeguarding its own legitimate rights and interests shall be borne by Party B;
6etc. If Party B cancels or changes shall make compensation for the order without authorization, it shall pay 20% losses of the order price as liquidated damages and compensate Party A for all losses such as stocking, labor and profit.A.
Appears in 1 contract
Liability for Breach of Contract. 1. Party A and Party B shall strictly perform Within the terms stipulated in the agreementvalidity of this Contract, neither party may unilaterally terminate this Contract without reason. If one either party breaches the contractterminates this Contract in advance, the breaching party it shall bear the liability for breach of contract according give a written notice to the contractother party six months in advance and compensate the other party twice the amount of the deposit.
2. If Party B withdraws from the product leased property in advance and terminates this Contract during the term hereof, it shall notify Party A in writing six months in advance, pay off all expenses, clean up the property, repair and restore it, and submit it to Party A for acceptance inspection. Party A shall not return the lease deposit to Party B and make compensation in accordance with Clause 1 of Article 8 hereof.
3. Party A shall have the right to unilaterally terminate the lease agreement at any time under any of the following circumstances: ① If Party B delays paying the monthly rent for 30 days, or repeatedly delays paying the monthly rent for 60 days, or the accumulated arrears of Party A's rent and other expenses reach the standard of one month's rent; ② If Party B's arrears of wages to employees reach the standard of one month or the total amount of arrears of wages to employees reaches RMB 10,000 RMB or the amount of lease deposit, or the labor department intervenes to deal with Party B's unpaid wages (or escape); ③ The relevant departments of industry and commerce or government seal up Party B's property. ④ Party B changes the use of the premises without written consent of Party A; Or engage in illegal activities; Concealing weapons, ammunition, gasoline, alcohol and other illegal or dangerous goods in the subject matter of the lease, causing an accident or being ordered to rectify or punished by a government department; ⑤ Party B renovates or modifies the leased subject matter and ancillary facilities beyond the scope without written consent of Party A; ⑥ Party B's production, operation and other acts cause damage to any third party caused by noise, pollution, radiation and other environmental pollution, or Party B is ordered by the administrative authority to rectify, and fails to complete the rectification within a reasonable period of time: ⑦ Party B violates the regulations on production safety, resulting in major safety liability accidents; ⑧ Party B does not use the building according to the nature of the building, resulting in damage to the plant or complex building; Termination of the contract in accordance with this Article shall take effect when Party A's notice is delivered to Party B's address as agreed below. Party B undertakes that the mail, notices or materials sent by Party A to Party B and other related matters are as follows :① Party B's effective delivery address is Room 0000-0000, Xxxxxxxxx Xxx Xxxxx, Xxxxxx Xxxxxxxxxxx, Xxxxxxx Xxxxxxxx, Xxxxxxxx. Contact Person: Xxxx Xxxxxx, contact information: [] ② Party B shall promptly notify Party A in writing of the change of its address, and Party A shall send the notice by post to the above address. The recipient shall be deemed to have given effective notice no matter whether it signs for receipt or not; ③ or Party A may paste the notice on the door of Party B's leased property and take a photo of it for retention. The notice shall be deemed to have been served within two days (the same day shall be deemed to have been served if the unpaid salary has escaped); If Party B fails to raise any objection to the product quality within the acceptance period, comply with Party B shall not apply for return or replacement; If the product quality problems caused by Party B due to Party BA's reasons or the intervention of a third party, which are not caused by the product itself, and caused by Party B's failure to raise any objection notice within the time limit since specified in the date of acceptancenotice, Party A can repair and rework the products, and may consider that Party B shall bear the rework service fee, material fee, processing fee, labor wages and other expenses incurred by Party A;
3. If the payment is not made in advance and then delivered, has automatically given up the ownership of the goods stipulated equipment, facilities, materials and commodities in this agreement still belongs to Party A before Party B pays off the paymentleased property, and Party A has the right to take back the goods at any time. Meanwhile, before this, Party B shall properly keep the goods and ensure that they are intact. If there is any damage, Party B shall compensate Party A according to the price may dispose of the goods agreed in the agreement. If the amount is not enough to make up for the losses, it shall also compensate Party A for all losses.
4. If Party B violates the agreement or refuses to perform the cooperation content during the cooperation period of this agreement, and refuses to perform or even withdraws from the cooperation after being urged by Party A, Party A has the right not to return the initial fee paid by Party B as a security deposit; At the same time, Party B shall cooperate with Party A to return all cooperation materials such as cooperation project materials and trademark product authorization documents, and compensate all economic losses suffered by Party A;
5. If Party B violates this agreement and causes losses to Party A, all expenses items (including but not limited to attorney feesauction and sale) on its own, legal fees, arbitration fees, announcement fees, preservation fees, guarantee fees, appraisal fees and auction evaluation fees) incurred the proceeds from the disposal shall be used to pay off the rent and other expenses owed by Party B to Party A or the wages of its workers, and Party A may file a lawsuit for safeguarding its own legitimate rights and interests the insufficient part Party B shall be borne pay the payment; The lease deposit paid by Party B;
6. If Party B cancels or changes the order without authorization, it shall pay 20% of the order price as liquidated damages and compensate Party A for all losses such as stocking, labor and profitis non-refundable.
Appears in 1 contract
Liability for Breach of Contract. 115.1 After the Contract comes into force, both parties shall perform their obligations under the Contract. If either party fails to perform or fails to fully perform its obligations under the contract or breaches its statements, warranties and commitments hereunder, it shall be deemed to be in breach of the Contract and shall be liable for such breach.
15.2 If Party A or the guarantor hereunder fails to complete the relevant guarantee procedures hereunder, or Party A fails to go to Party B to complete the withdrawal procedures as agreed herein, and the loan issuance time exceeds 30 days (including legal holidays and public holidays) agreed herein, Party B shall have the right to terminate the Contract and withdraw the loan in advance.
15.3 Under any of the following circumstances, Party A shall bear the corresponding liability for breach of contract, and Party B may take such measures as withdrawing the loan in advance, adjusting the loan payment method, adjusting the loan interest rate, charging penalty interest, reducing the credit line, stopping or suspending the loan issuance, and hold Party A accountable for the corresponding legal liabilities:
15.3.1 Party A fails to use the loan for the agreed purpose;
15.3.2 Party A fails to pay the loan funds in the agreed manner;
15.3.3 Party A fails to comply with its statements, warranties and commitments made hereunder;
15.3.4 Party A breaks the agreed financial indicators;
15.3.5 If Party A violates any contract or agreement signed by it as a party with others (including Party B hereof) or any commitment or guarantee made by it unilaterally, it shall strictly perform constitute a serious breach of contract for other debts:
15.3.6 Other circumstances in which Party A violates this Contract.
15.4 If Party A fails to repay the terms loan principal due (including early maturity) within the repayment period agreed herein, it shall, from the date of the Chongqing term, charge an additional 50% of the interest rate agreed herein as the penalty interest rate and collect the overdue interest: If Party A fails to pay the interest on time during the loan term, it shall collect the compound interest according to the loan rescue interest rate agreed herein: Interest paid after the loan period shall be compounded at the penalty interest rate agreed in this paragraph.
15.5 If Party A does not use the loan for the purpose agreed herein, the principal and interest of the loan shall, from the date of making the Contract, be charged a penalty interest rate of 100% plus the interest rate agreed herein, and the penalty interest and compound interest shall be calculated.
15.6 In case the loan under this contract is overdue or not used according to the purpose stipulated in the agreement. If one party breaches the contract, the breaching party overdue interest, penalty interest and compound interest shall be calculated on a monthly basis.
15.7 If Party A’s breach of contract causes Party B to take litigation or interim measures to realize the claims, Party A shall bear the liability for breach of contract according to the contract.
2. If the product is delivered by Party A to Party B and Party B fails to raise any objection to the product quality within the acceptance period, Party B shall not apply for return or replacement; If the product quality problems caused by Party B due to Party B's reasons or the intervention of a third party, which are not caused by the product itself, and caused by Party B's failure to raise any objection within the time limit since the date of acceptance, Party A can repair and rework the products, and Party B shall bear the rework service appraisal fee, material evaluation fee, processing auction fee, labor wages litigation fee, arbitration fee, notary fee, attorney’s fee and other reasonable expenses incurred by Party A;
3. If the payment is not made in advance and then delivered, the ownership of the goods stipulated in this agreement still belongs to Party A before Party B pays off the payment, and Party A has the right to take back the goods at any time. Meanwhile, before this, Party B shall properly keep the goods and ensure that they are intact. If there is any damage, Party B shall compensate Party A according to the price of the goods agreed in the agreement. If the amount is not enough to make up for the losses, it shall also compensate Party A for all losses.
4. If Party B violates the agreement or refuses to perform the cooperation content during the cooperation period of this agreement, and refuses to perform or even withdraws from the cooperation after being urged by Party A, Party A has the right not to return the initial fee paid by Party B as a security deposit; At for realizing the same time, Party B shall cooperate with Party A to return all cooperation materials such as cooperation project materials and trademark product authorization documents, and compensate all economic losses suffered by Party A;
5. If Party B violates this agreement and causes losses to Party A, all expenses (including but not limited to attorney fees, legal fees, arbitration fees, announcement fees, preservation fees, guarantee fees, appraisal fees and auction evaluation fees) incurred by Party A for safeguarding its own legitimate rights and interests shall be borne by Party B;
6. If Party B cancels or changes the order without authorization, it shall pay 20% of the order price as liquidated damages and compensate Party A for all losses such as stocking, labor and profitclaims.
Appears in 1 contract
Samples: Working Capital Loan Contract (Xuhang Holdings LTD)
Liability for Breach of Contract. 1. Party A and Party 24.1 in the event of early termination of this contract, party B shall strictly perform not refund the terms stipulated in the agreement. If one security deposit, rental or other expenses paid by party breaches the contract, the breaching B unless party shall bear the liability B is liable for breach of contract according to in accordance with other provisions of this contract, party B has paid the contract.
2. If the product is delivered by Party A to Party B and Party B fails to raise any objection to the product quality within the acceptance period, Party B shall not apply for return or replacement; If the product quality problems caused by Party B due to Party B's reasons or the intervention of a third party, which are not caused by the product itself, and caused by Party B's failure to raise any objection within the time limit since the date of acceptance, Party A can repair and rework the products, and Party B shall bear the rework service fee, material fee, processing fee, labor wages and other expenses incurred by Party A;
3. If the payment is not made in advance and then deliveredsecurity deposit, the ownership actual consumption of the goods stipulated in this agreement still belongs to Party A before Party B pays off the payment, and Party A has the right to take back the goods at any time. Meanwhile, before this, Party B shall properly keep the goods and ensure that they rent or other costs are intact. If there is any damage, Party B shall compensate Party A according to the price of the goods agreed in the agreement. If the amount is not enough to make up for the losses, it shall also compensate Party A for all losses.
4. If Party B violates the agreement or refuses to perform the cooperation content during the cooperation period loss of this agreement, and refuses to perform or even withdraws from the cooperation after being urged by Party party A, Party party A has the right not to return the initial fee paid difference, claim for compensation.
24.2 [ liability for breach of contract ] if party b breaches the terms of the lease contract by Party B as a late payment of the security deposit; At , rent, property fee, water, electricity, communication or any other charges and any liquidated damages, damages or late payment of the same timesecurity deposit, the penalty shall be paid at the rate of 1/10,000 of the amount due for each day of delay. Party B a shall cooperate with Party A have the right to return all cooperation materials such as cooperation project materials stop the use of water and trademark product authorization documents, electricity facilities if the above-mentioned expenses and compensate all economic losses suffered liquidated damages are paid for more than 20 consecutive days or more than 30 cumulative days. The consequences caused by Party A;
5. If Party B violates this agreement and causes losses to Party A, all expenses (including but not limited to attorney fees, legal fees, arbitration fees, announcement fees, preservation fees, guarantee fees, appraisal fees and auction evaluation fees) incurred by Party A for safeguarding its own legitimate rights and interests the above-mentioned reasons shall be borne by Party B. 第 20 页共 00 页
00.0 party B shall be responsible for the acts of its employees, agents, contractors and persons admitted by party B;, and shall guarantee that such persons shall not engage in any act prejudicial to the premises or any act not permitted by party B under this contract, and assume full responsibility for the above-mentioned persons’ acts of damage.
624.4 where party B has not obtained party A’s written consent or has gone beyond the scope of party A’s written consent and has requested to decorate the leased area, or party B without permission of party A to add or reduce ancillary facilities (including air conditioning, ventilation system, oil fume purification equipment, heating facilities, etc.) , or that party B’s building decoration or equipment installation affects the interests of third parties, party A has the right to ask party B to restore the original condition. If party B refuses to make rectification, party A has the right to claim the cancellation of the contract and Demand Party B cancels or changes to compensate for the order without authorizationbreach of contract, it which is twice the monthly rent of the current year. If the breach of contract is insufficient to cover the loss of party A, party B shall also be responsible for the compensation.
24.5 [ responsibility for late return ] if party B returns the leased premises late, party B shall pay 20% the occupancy fee on a daily basis for each day that party B returns the leased premises late The daily occupancy fee shall be calculated on the basis of double of the order price total rent and property fee of the year in which the contract is terminated, and shall bear all the costs of energy consumption as stipulated in the contract. Party B shall also be liable for any other losses caused by party B’s failure to vacate the leased premises within the time limit. The reasonable period of cleaning up party B’s articles, facilities and equipment in the leased premises as stipulated in the lease contract shall be regarded as the period of overdue return by Party B. Party a May deduct the above-mentioned expenses directly from the deposit already paid by Party B. Party a shall have the right to recover from party B the insufficient amount (plus the interest on the loan) . Party A’s acceptance of party B’s occupation fee or other expenses or compensation does not represent party A’s waiver of any rights under this contract, nor does it mean that party a agrees to renew the lease of the shop to Party B. Party B shall be deemed to have returned the leased premises within the time limit provided that party B has not fulfilled all the contents of the 13.3“surrender conditions” .
00.0 [ liability for breach of contract ] if party A is more than 30 days late in delivering the house, party a shall pay party B a penalty for breach of contract in accordance with the following formula starting from the Red Day of delay: Late penalty, second penalty, security deposit x 5% . X number of days from the 31st day after the expiry date (including that day) to the actual delivery date of party a (excluding that day) . In addition to the above-mentioned liquidated damages, party a shall be liable in accordance with this contract. 3. Treaty enforcement.
24.7 this contract shall be automatically terminated if party A’s delivery of the leased premises exceeds 30 days. In such case, party a shall, within 30 doors from the date of termination of the contract, return the deposit paid by party B to party B twice without interest. However, if the late delivery of the rental housing is caused by the Force Majeure event, party a need not pay party b liquidated damages or compensation, the contract is to be terminated by the two parties to negotiate.
24.8 if party a unilaterally cancels this contract in advance without any reason, or party a sublets the house to other third parties without the permission of party B, so that the business activities of party B can not proceed normally, party a will take back the house, double the deposit paid by party B, and compensate refund the rent and property fee paid by party B without interest at 23. 5. Treaty reparations. 25 exoneration
25.1 party a shall not be liable for any loss incurred (and the rent and other expenses hereunder shall not be waived or terminated: The temporary cessation of the use of public facilities as a result of the maintenance of the house or its adjacent house or property, or as a result of the renovation, addition or alteration of the house or its adjacent house or property in accordance with the procedures specified in this contract, or cause temporary interruption of water, electricity, telephone, fax or other related services or supply of the premises, or cause water, electricity or other interruption due to municipal reasons, or otherwise cause party B to be unable to operate normally, party a shall not be liable for compensation. 第 29 页共 00 页 Party A for all losses such B or party B’s employees, agents, contractors, visitors or any other person authorized by party B to enter the premises as stocking, labor and profita result of the force majeure; Any loss or injury caused by party B; Any personal injury or loss of property not caused by party a in the premises at any time; Any loss suffered by party B as a result of suspension or cessation of business at the request of the government.
Appears in 1 contract
Samples: Lease Agreement (Building DreamStar Technology Inc.)
Liability for Breach of Contract. (1) If Party A breaches the contract and causes the contract to be unable to be fulfilled, Party A shall return the deposit to Party B twice the amount. If Party B breaches the contract and causes the contract to be unable to be fulfilled, the deposit paid shall not be refunded. Party who causes losses to the other party due to breach of contract shall also bear the liability for compensation.
(2) Party A and shall deliver the forest land to Party B shall strictly perform on time according to the terms stipulated in the agreementcontract. If Party A is overdue for one party breaches day, Party A shall pay a late fee of 0.05% of the payable transfer price to Party B. If Party A is overdue for 90 days, Party B has the right to terminate the contract, the breaching party and Party A shall bear the liability for breach of contract.
(3) If the procedures for the transferred forest land by Party A are illegal, or there is a dispute over the ownership of the forest land and trees, which causes the entire or part of the contract to be unable to be fulfilled, Party A shall bear the liability for breach of contract. If Party A violates the contract and interferes with or destroys the normal production and operation activities of Party B, Party B has the right to unilaterally terminate the contract, and Party A shall bear the liability for breach of contract.
(4) Party B shall pay the full transfer price of the forest land and trees to Party A on time according to the contract.
2. If the product is delivered by Party A to Party B and Party B fails to raise any objection to the product quality within the acceptance periodis overdue for one day, Party B shall not apply pay a late fee of 0.05% of the payable transfer price for return or replacement; this period (year) to Party A. If the product quality problems caused by Party B due to Party B's reasons or the intervention of a third party, which are not caused by the product itself, and caused by Party B's failure to raise any objection within the time limit since the date of acceptanceis overdue for 90 days, Party A can repair and rework has the productsright to unilaterally terminate the contract, and Party B shall bear the rework service feeliability for breach of contract.
(5) After the agreed period for forestation and afforestation by Xxxxx passes, material fee, processing fee, labor wages and other expenses incurred by Party A;
3. If the payment is not made in advance and then delivered, the ownership of the goods stipulated in this agreement still belongs to Party A before if Party B pays off fails to fulfill the paymentagreement, and Party A has the right to take back reclaim the goods at forest land that has not been afforested without any time. Meanwhile, before this, Party B shall properly keep the goods and ensure that they are intact. If there is any damage, Party B shall compensate Party A according to the price of the goods agreed in the agreement. If the amount is not enough to make up for the losses, it shall also compensate Party A for all lossescompensation.
4. (6) If Party B violates causes permanent damage to the agreement transferred forest land, or refuses changes the use of the forest land without permission, or causes serious damage to perform forest resources, which is confirmed by the cooperation content during forestry administrative department at or above the cooperation period of this agreement, and refuses to perform or even withdraws from the cooperation after being urged by Party Acounty level, Party A has the right not to return the initial fee paid by demand Party B as a security deposit; At to compensate for breach of contract and unilaterally terminate the same time, Party B shall cooperate with Party A to return all cooperation materials such as cooperation project materials and trademark product authorization documentscontract, and compensate all economic losses suffered by Party A;
5reclaim the right to operate and use the forest land. If Party B violates this agreement and causes losses to Party A, all expenses (including but The deposit collected shall not limited to attorney fees, legal fees, arbitration fees, announcement fees, preservation fees, guarantee fees, appraisal fees and auction evaluation fees) incurred by Party A for safeguarding its own legitimate rights and interests shall be borne by Party B;
6. If Party B cancels or changes the order without authorization, it shall pay 20% of the order price as liquidated damages and compensate Party A for all losses such as stocking, labor and profitrefunded.
Appears in 1 contract
Samples: Collective Forest Right Transfer Agreement (ORIENTAL RISE HOLDINGS LTD)
Liability for Breach of Contract. 17.1 If Party B unilaterally terminates the contract within 3 months from the date of commencement of the lease period without any specified or agreed-upon reason, it shall be considered a breach of contract by Party B. In such a case, Party A has the right to confiscate 60% of Party B’s lease deposit. If Party B unilaterally terminates the contract without any specified or agreed-upon reason after 3 months from the date of commencement of the lease period, it shall also be considered a breach of contract by Party B. Party A can then confiscate 50% of Party B’s lease deposit. Party B must submit a written application at least 1 month in advance; otherwise, Party A has the right to confiscate Party B’s entire lease deposit. After Party A confirms the application, Party B must vacate the premises on the agreed-upon date. Party B must return the leased premises, along with its attached facilities, in their original condition (excluding natural damage and normal wear and tear) to Party A on the agreed-upon date (i.e., the day of contract termination) as per the terms of this Lease Agreement. If Party B fails to return the premises on time, Party A has the right to confiscate the remaining lease deposit. If the delay exceeds 7 days, Party B is deemed to have permanently forfeited ownership of all items within the leased premises. Party A can then take possession of and reclaim the leased premises. Party B shall strictly perform cannot raise any objections and must bear all economic losses resulting from this.
7.2 If the lease term expires or this lease contract is terminated in accordance with the law (including termination) and both parties do not renew it, Party B must return the leased premises, along with its attached facilities, in their original condition (excluding natural damage and normal wear and tear) to Party A and cancel all industry, commerce, tax, and other relevant registrations of the leased premises no later than the last day of the lease term or the termination of the lease contract, as per the terms of this Lease Agreement. If Party B fails to return the leased premises on time, Party A has the right to confiscate 50% of Party B’s lease deposit. Furthermore, for each day of delay, Party A has the right to deduct a double rental fee from Party B’s lease deposit based on the rental fee specified in the lease contract termination day. If the delay exceeds 7 days, Party B is considered to have permanently forfeited ownership of all items within the leased premises. Party A can then take possession of and reclaim the leased premises. Party B cannot raise any objections to this and must bear all economic losses resulting from it.
7.3 During the lease term, if Party B’s fundamental breach of contract leads to the termination of this lease agreement, Party A has the right to reclaim the leased premises, confiscate the lease deposit, and demand that Party B assume other breach of contract responsibilities. Party B must return the leased premises, along with their attached facilities, in complete condition (excluding natural damage and normal wear and tear) to Party A within the timeframe specified in the “Termination Notice.” Party B must also cancel all industry, commerce, taxation, and other relevant registrations associated with the leased premises. If Party B fails to return the leased premises beyond the specified deadline, Party B will be deemed to have permanently relinquished ownership of all items within the leased premises. Party A has the right to take possession of and reclaim the leased premises. Party B is not entitled to raise any objections and shall bear all resulting economic losses.
7.4 Party B must timely pay all required fees to Party A as stipulated in the agreement. If one party breaches payment is overdue by more than 30 days, Party A has the contractunilateral right to terminate this lease agreement, take back the breaching party shall bear leased premises, confiscate the liability for lease deposit, and require Party B to assume other breach of contract according to the contractresponsibilities.
2. 7.5 If the product is delivered by Party A to Party B and Party B fails to raise any objection timely cancel the registrations related to the product quality within the acceptance periodleased premises for industry and commerce, taxation, etc., Party B shall not apply A has the right to deduct liquidated damages from Party B’s lease deposit for return each day of delay based on the lease fee rate applicable on the lease term expiration date or replacement; lease contract termination date (including termination). If the product quality problems caused delay exceeds 3 months, Party A has the right to confiscate Party B’s entire lease deposit and seek recovery for any outstanding amounts.
7.6 Failure by Party B due to Party B's reasons or comply with the intervention provisions of Article 5.3 of this Agreement shall constitute a third party, which are not caused by the product itself, and caused by Party B's failure to raise any objection within the time limit since the date breach of acceptance, Party A can repair and rework the products, and Party B shall bear the rework service fee, material fee, processing fee, labor wages and other expenses incurred by Party A;
3. If the payment is not made in advance and then delivered, the ownership of the goods stipulated in this agreement still belongs to Party A before Party B pays off the paymentcontract, and Party A has the right to take back retain 50% of Party B’s lease deposit.
7.7 Party B’s violation of the goods obligations stipulated in Article 5.15 of this Lease Agreement shall be considered a breach of contract, and an amount equivalent to the current month’s lease fee payable by Party B (including rent and management fees) shall be deducted from Party B’s paid Xxxxx Xxxxxxx.
7.8 Party B is required to cooperate with and accept management, supervision, and inspections conducted by Party A and the property service center appointed by Party A. In response to emergencies, such as the outbreak of new coronaviruses or other measures taken by the state, government agencies at any time. Meanwhileall levels, before thisor Sun Yat-sen University, Party B shall properly keep the goods must cooperate and ensure that they are intact. If there is any damage, Party B shall compensate Party A according to the price of the goods agreed in the agreement. If the amount is not enough to make up for the losses, it shall also compensate Party A for all losses.
4fulfill its responsibilities as required. If Party B violates the agreement or refuses to perform the cooperation content during the cooperation period of this agreementcooperate (including, but not limited to, failing to provide required data or information, spreading malicious rumors, or defaming Party A), and refuses to perform or even withdraws from does not rectify the cooperation situation after being urged reminded by Party A, Party A has the right not to return unilaterally terminate the initial fee paid by contract and confiscate Party B as a security B’s lease deposit; At the same time. If Party B’s actions cause adverse effects or economic losses to Party A or third parties, Party B shall cooperate with must promptly address the issues and compensate for any resulting losses. In cases of severe impact or serious consequences, Party A has the right to return all cooperation materials such as cooperation project materials and trademark product authorization documents, and compensate all economic losses suffered by Party A;
5. If refer Party B violates this agreement and causes losses to Party A, all expenses (including but not limited to attorney fees, legal fees, arbitration fees, announcement fees, preservation fees, guarantee fees, appraisal fees and auction evaluation fees) incurred by Party A relevant state authorities for safeguarding its own legitimate rights and interests shall be borne by Party B;
6. If Party B cancels or changes the order without authorization, it shall pay 20% of the order price as liquidated damages and compensate Party A for all losses such as stocking, labor and profitfurther action.
Appears in 1 contract
Samples: Housing Lease Contract (3 E Network Technology Group LTD)
Liability for Breach of Contract. 1. After this agreement comes into effect, if Party A and B fails to pay the transaction consideration as scheduled in a sufficient amount in accordance with this agreement, Party B shall strictly perform pay 0.05% of the terms outstanding payable Share Transfer Price to Party A as overdue fine for each day of delay until the transaction consideration is paid off. However, the aforementioned overdue fine shall not exceed 10% of the Share Transfer Price for the share transfer. If the consideration is not paid off for over 60 days and the outstanding amount accounts for more than 50% of the transaction consideration of the share transfer, Party A is entitled to notify Party B of terminating this agreement, and Party A shall return all the payments received as well as the interests accrued over the period at the interest rate for bank deposits of the same term to Party B. Party B shall pay 10% of the Share Transfer Price for the share transfer to Party A as liquidated damages (in particular, Party A is entitled to deduct the liquidated damages from all the payments received in advance). After this agreement comes into effect, if Party B has fulfilled the necessary cooperation obligations and Party A fails to complete the procedures for the transfer of the Underlying Shares as scheduled according to the agreement, Party A shall pay 0.05% of the Share Transfer Price for the share transfer to Party B as overdue fine for each day of delay until the date of completion of the transfer. However, the aforementioned overdue fine shall not exceed 10% of the Share Transfer Price for the share transfer. If the procedures for transfer of the Underlying Shares are not completed for over 60 days, Party B is entitled to notify Party A of terminating this agreement, and Party A shall return all the payments received as well as the interests accrued over the period at the interest rate for bank deposits of the same term to Party B. Party A shall pay 10% of the Share Transfer Price for the share transfer to Party B as liquidated damages. Unless otherwise stipulated in the this agreement. If one party breaches the contract, the breaching failure of either party to this agreement to perform or fully perform or delay performing its obligations under this agreement, or either party’s violation of any of its statements, representations, commitments or warranties under this agreement shall constitute a breach of contract. The default party shall bear assume the liability for breach of contract according to the contract.
2. If fulfilling party and be liable to compensate the product is delivered by Party A to Party B and Party B fails to raise any objection to the product quality within the acceptance period, Party B shall not apply for return or replacement; If the product quality problems caused by Party B due to Party B's reasons or the intervention of a third party, which are not caused by the product itself, and caused by Party B's failure to raise any objection within the time limit since the date of acceptance, Party A can repair and rework the products, and Party B shall bear the rework service fee, material fee, processing fee, labor wages and other expenses incurred by Party A;
3. If the payment is not made in advance and then delivered, the ownership of the goods stipulated in this agreement still belongs to Party A before Party B pays off the payment, and Party A has the right to take back the goods at any time. Meanwhile, before this, Party B shall properly keep the goods and ensure that they are intact. If there is any damage, Party B shall compensate Party A according to the price of the goods agreed in the agreement. If the amount is not enough to make up for the losses, it shall also compensate Party A fulfilling party for all losses.
4. If Party B violates the agreement or refuses to perform the cooperation content during the cooperation period of this agreement, and refuses to perform or even withdraws from the cooperation after being urged by Party A, Party A has the right not to return the initial fee paid by Party B as a security deposit; At the same time, Party B shall cooperate with Party A to return all cooperation materials such as cooperation project materials and trademark product authorization documents, and compensate all economic losses suffered by Party A;
5. If Party B violates this agreement and causes losses to Party A, all expenses therefrom (including but not limited to attorney the interests paid or interest loss due to the breach of contract, litigation expenses, preservation fees, execution fees, legal fees, arbitration fees, announcement fees, preservation fees, guarantee fees, appraisal and reasonable travel and accommodation fees and auction evaluation fees) incurred by Party A for safeguarding its own legitimate rights and interests shall be borne by Party B;
6. If Party B cancels or changes the order without authorization, it shall pay 20% of the order price as liquidated damages and compensate Party A for all losses such as stocking, labor and profitparticipation in litigation action in other places).
Appears in 1 contract
Samples: Share Purchase Agreement
Liability for Breach of Contract. (1. ) If any of the following events occurs, such an event shall be deemed to be a breach of this Agreement:
a. fails to pay in full the fee for the technology services under the exclusive Services Agreement within a reasonable time limit as specified therein;
b. Party B fails fully to perform its obligations under the Loan Agreement;
c. Any of the representations or warranties Party B makes in Article 3 hereof proves to be inconsistent with any of the major facts or false and/or Party B is out of compliance with any of the warranties it makes in Article 3 hereof;
d. Party B is out of compliance with any of the undertakings it makes in Article 4 hereof;
e. Party B is in violation of any of the provisions hereof;
f. Without Party A’s previous written consent, Party B has relinquished or transferred the equity interest that has been pledged hereunder;
g. In the case that Party B has got any loan from a third party or provided any guaranty for a third party, is required to pay any compensation to a third party, has made an undertaking to a third party, or is under any other liability to a third party,
(i) Party B is required to repay such loan, perform such guaranty or undertaking, pay such compensation, or discharge such liability ahead of time; or
(ii) Party B is unable to discharge any of the aforesaid liabilities when it becomes due so that Party A and believes that Party B’s capacity to perform this Agreement is adversely affected as a result;
h. Party B shall strictly is unable to repay its general debts or any other debts;
i. Any new laws or regulations have been promulgated that have rendered this Agreement illegal or Party B unable to continue to perform its obligations hereunder;
j. All the terms stipulated approvals, licenses, consents or authorizations of the government authorities that have made this Agreement performable and effective are revoked, terminated, have become invalid, or have been substantially modified;
k. Any adverse change has occurred to the assets under Party B’s ownership so that Party A believes that Party B’s capacity to perform this Agreement is adversely affected as a result;
l. The successor to, or manager of, can only perform part of the obligation to pay the fee under the Services Agreement or refuses to perform such obligation; or
m. There occurs any other event in which Party A cannot exercise the pledge right hereunder.
(2) As soon as Party B is informed, or has become aware, that any of the events as described in the agreementpreceding paragraph is likely to occur, it shall notify Party A in writing of such likelihood. Except as any of the breaches of contract as described in the preceding paragraph has been successfully remedied to Party A’s satisfaction, at the time of such occurrence or any time thereafter, Party A may serve a notice of such breach on Party B and dispose of the equity interest to be pledged hereunder in accordance with the provisions of Article 5 hereof.
(3) If one party breaches either Party is in breach of any of the contractprovisions hereof, the breaching party shall bear be liable to the liability non-breaching party for breach of contract according and compensate the non-breaching party for any losses it may suffer as a result of such breach. The non-breaching party may grant the breaching party a certain period of grace, in which the breaching party shall be required to the contractremedy such breach.
2. (4) If the product is delivered by Party A to Party B and Party B breaching party fails to raise take any objection to the product quality remedial measures within the acceptance period, Party B shall not apply for return or replacement; If the product quality problems caused by Party B due to Party B's reasons or the intervention a reasonable period of a third party, which are not caused by the product itself, and caused by Party B's failure to raise any objection within the time limit since the date of acceptance, Party A can repair and rework the products, and Party B shall bear the rework service fee, material fee, processing fee, labor wages and other expenses incurred by Party A;
3. If the payment is not made in advance and then deliveredgrace, the ownership of the goods stipulated in this agreement still belongs to Party A before Party B pays off the payment, and Party A has non-breaching party shall have the right to take back terminate this Agreement and require that the goods at breaching party compensate it for any time. Meanwhile, before this, Party B shall properly keep the goods and ensure that they are intact. If there is any damage, Party B shall compensate Party A according to the price of the goods agreed in the agreement. If the amount is not enough to make up for the losses, actual losses it shall also compensate Party A for all losses.
4. If Party B violates the agreement or refuses to perform the cooperation content during the cooperation period of this agreement, and refuses to perform or even withdraws from the cooperation after being urged by Party A, Party A has the right not to return the initial fee paid by Party B may suffer as a security deposit; At the same timeresult, Party B shall cooperate with Party A to return all cooperation materials such as cooperation project materials and trademark product authorization documents, and compensate all economic losses suffered by Party A;
5. If Party B violates this agreement and causes losses to Party A, all expenses (including but not limited to attorney fees, legal fees, arbitration fees, announcement fees, preservation fees, guarantee fees, appraisal fees all the reasonable expenses the non-breaching party may incur in connection with the execution and auction evaluation fees) performance hereof (including expenses and costs incurred by Party A for safeguarding its own legitimate rights and interests shall be borne by Party B;
6. If Party B cancels or changes in connection with the order without authorization, it shall pay 20% engagement of the order price as liquidated damages and compensate Party A for all various intermediary agencies), provided, however, that such compensation shall not exceed losses such as stockingthat, labor and profitat the time of execution hereof, the breaching party foresaw or should have reasonably foreseen its breach hereof might cause to the other Party.
Appears in 1 contract
Samples: Equity Pledge Agreement (Acorn International, Inc.)
Liability for Breach of Contract. 1. 3.1 Party B acknowledges and agrees that Party A shall have the right to impose such punishments as bonus deduction, post transfer, salary reduction or rescission of the Employment Contract according to the specific circumstances in case Party B breaches the Agreement in any way.
3.2 Party B acknowledges and agrees that, if Party B breaches the Agreement in any way, Party B shall strictly perform the terms stipulated in the agreement. If one party breaches the compensate Party A for all direct or indirect losses resulting from his breach of contract, including losses of saleroom, profits, commissions, goodwill and clients, and for the breaching party costs incurred by Party A as a result of claim for liabilities for breach of contract, including, but not limited to, legal cost, reasonable attorney fee and expenses.
3.3 Party B agrees that, if Party B discloses the contents of Article 2.1.1 hereof in violation of the Agreement, Party A shall bear have the liability right to claim for liabilities for breach of contract according to the contract.
2. If the product is delivered by Party A to Party B and Party B fails to raise any objection to the product quality within the acceptance period, Party B shall not apply for return or replacement; If the product quality problems caused by Party B due to Party B's reasons or the intervention of a third party, which are not caused by the product itself, and caused by Party B's failure to raise any objection within the time limit since the date of acceptance, Party A can repair and rework the products, Article 3.1 hereof and Party B shall bear the rework service fee, material fee, processing fee, labor wages and other expenses incurred by Party A;
3. If the payment is not made in advance and then delivered, the ownership of the goods stipulated in this agreement still belongs also pay to Party A before the penalty equivalent to RMB200,000. Party A shall have the right to make further recovery against Party B pays off where the paymentpenalty paid by Party B is insufficient to make up Party A’s losses under Article 3.2 hereof.
3.4 Notwithstanding the stipulations in Articles 3.1 to 3.3 hereof, Party B acknowledges that monetary compensation will not be sufficient relief for his breach of contract hereunder, and Party A has the right to take back obtain other remedies such as injunction and specific performance for such breach of contract. However, the goods at any time. Meanwhile, before this, said remedies shall not be the sole relief for Party B shall properly keep the goods and ensure that they are intact. If there is any damage, Party B shall compensate B’s breach of contract but one relief in addition to those granted to Party A according to the price of the goods agreed in the agreement. If the amount is not enough to make up for the losses, it shall also compensate Party A for all lossesby law.
4. If Party B violates the agreement or refuses to perform the cooperation content during the cooperation period of this agreement, and refuses to perform or even withdraws from the cooperation after being urged by Party A, Party A has the right not to return the initial fee paid by Party B as a security deposit; At the same time, Party B shall cooperate with Party A to return all cooperation materials such as cooperation project materials and trademark product authorization documents, and compensate all economic losses suffered by Party A;
5. If Party B violates this agreement and causes losses to Party A, all expenses (including but not limited to attorney fees, legal fees, arbitration fees, announcement fees, preservation fees, guarantee fees, appraisal fees and auction evaluation fees) incurred by Party A for safeguarding its own legitimate rights and interests shall be borne by Party B;
6. If Party B cancels or changes the order without authorization, it shall pay 20% of the order price as liquidated damages and compensate Party A for all losses such as stocking, labor and profit.
Appears in 1 contract
Samples: Equity Transfer and Capital Increase Agreement (Redgate Media Group)
Liability for Breach of Contract. 1) Any violation of the above provisions by either party shall be deemed as a breach of contract. If Party B fails to perform the above provisions, Party A shall have the right to take such measures as a warning or early termination of the contract (Party A shall not refund Party B’s rent) according to the circumstances, and Party B shall strictly be liable for all losses arising therefrom.
2) If Party B unilaterally terminates the contract in advance before the lease term expires, Party A will not refund the rent to Party B.
3) If Party B fails to pay the next year’s rent to Party A on time, Party B shall pay a late fee of three-thousandth of the total amount payable for one day overdue. If Party B is in arrears with the rent for more than 7 days (including 7 days), Party A shall have the right to unilaterally terminate the contract, take back the premises, and recover the overdue fees and late fees.
4) Without written consent of Party A, Party B shall not sublease the Premises; otherwise, Party B shall be deemed to have breached the contract, and Party A shall have the right to unilaterally terminate the contract and recover the Premises, and claim Party B to bear the economic losses caused to Party A.
5) During the lease term, if Party A unilaterally terminates this Agreement or Party B moves out of the Premises due to reasons attributable to Party A, Party A shall return double the performance bond to Party B and compensate Party B for the decoration losses (after reasonable depreciation); If Party B unilaterally rescinds this Agreement or Party A notifies Party A to rescind this Agreement due to Party B’s breach of contract, Party A shall have the right to ask Party B to bear the economic losses caused to Party A.
6) If either party fails to perform its obligations as agreed herein or violates the terms stipulated in hereof, thereby causing losses to the agreement. If one other party breaches or leading to early termination of the contractContract, the breaching party shall bear the liability for breach of contract according to the contract.
2. If the product is delivered by Party A to Party B and Party B fails to raise any objection to the product quality within the acceptance period, Party B shall not apply for return or replacement; If the product quality problems caused by Party B due to Party B's reasons or the intervention of a third party, which are not caused by the product itself, and caused by Party B's failure to raise any objection within the time limit since the date of acceptance, Party A can repair and rework the products, and Party B shall bear the rework service fee, material fee, processing fee, labor wages and other expenses incurred by Party A;
3. If the payment is not made in advance and then delivered, the ownership of the goods stipulated in this agreement still belongs to Party A before Party B pays off the payment, and Party A has the right to take back the goods at any time. Meanwhile, before this, Party B shall properly keep the goods and ensure that they are intact. If there is any damage, Party B shall compensate Party A according to the price of the goods agreed in the agreement. If the amount is not enough to make up for the losses, it shall also compensate Party A for all losses.
4. If Party B violates the agreement or refuses to perform the cooperation content during the cooperation period of this agreement, and refuses to perform or even withdraws from the cooperation after being urged by Party A, Party A has the right not to return the initial fee paid by Party B as a security deposit; At the same time, Party B shall cooperate with Party A to return all cooperation materials such as cooperation project materials and trademark product authorization documents, and compensate all economic losses suffered by Party A;
5. If Party B violates this agreement and causes losses legal liabilities caused to Party A, all expenses (including but not limited to attorney fees, legal fees, arbitration fees, announcement fees, preservation fees, guarantee fees, appraisal fees and auction evaluation fees) incurred by Party A for safeguarding its own legitimate rights and interests shall be borne by Party B;
6. If Party B cancels or changes the order without authorization, it shall pay 20% of the order price as liquidated damages and compensate Party A for all losses such as stocking, labor and profitnon-breaching party.
Appears in 1 contract
Liability for Breach of Contract. 16.1 If the certificates and insurances of any vehicle provided by Party B are out of date and Party B fails to renew in time, Party B shall provide Party A with other drivers and vehicles of the same conditions in time to satisfy Party A’s business needs.
6.2 Party A shall pay Party B the intercity carpool service fee within the specified time. In the event of any delay in the payment of such service fee by Party A, Party A shall pay Party B liquidated damages, which shall be calculated as 0.01% of the total monthly service fees for each overdue day. If Party B has sent payment reminder, and Party A fails to make the payment for fifteen days without any reason, Party B is entitled to terminate the Agreement and require Party A to compensate for its losses incurred thereby.
6.3 Unless otherwise provided in this Agreement or agreed by the Parties, Party A and Party B shall strictly perform the terms stipulated in the agreementnot terminate this Agreement early. If one party breaches the contractOtherwise, the breaching party requesting the early termination shall bear pay [2] times of the liability for breach of contract according current month’s service fees to the contractother party as liquidated damages.
2. If 6.4 During the product is delivered term of the Agreement, if the services provided by Party A to Party B and Party B fails to raise any objection satisfy the requirements of Party A, which causes Party A to accept material deduction of points when accepting the evaluation by Didi, and even affects the normal cooperation between Party A and Didi, Party A is entitled to terminate this Agreement.
6.5 In case the Agreement cannot be performed due to the product quality within realization of the acceptance periodvehicle mortgage, Party B shall not apply provide another satisfactory vehicle for return or replacement; If the product quality problems caused use by Party B A.
6.6 During the term of the Agreement, in the event of any vehicle dispute affecting the realization of the purpose of this Agreement due to Party B's reasons or the intervention of a third party’s fault, which are including but not caused by the product itselflimited to, and caused by Party B's failure to raise any objection within the time limit since the date of acceptanceproperty rights, Party A can repair and rework the productsoperation rights, and Party B shall bear the rework service feetraffic accident, material feeinsurance, processing fee, labor wages and other expenses incurred by Party A;
3. If the payment is not made in advance and then delivered, the ownership of the goods stipulated in this agreement still belongs to Party A before Party B pays off the payment, and Party A has the right to take back the goods at any time. Meanwhile, before thisetc., Party B shall properly keep provide another satisfactory vehicle for use by Party A. Party B shall be solely liable for such dispute.
6.7 The driver of the goods and ensure that they are intact. If there is vehicle provided by Party B shall not cause any damagetrouble to Party A due to any reason not attributable to Party A. In case of any such event, Party B shall compensate Party A according to make immediate response and properly handle the price problem of the goods agreed in the agreement. If the amount is not enough to make up for the losses, it shall also compensate Party A for all losses.
4. If Party B violates the agreement or refuses to perform the cooperation content during the cooperation period of this agreementdriver, and refuses to perform or even withdraws from the cooperation after being urged by shall not cause any negative impact on Party A’s operation due to Party B’s mishandling. Otherwise, Party A has shall be entitled to investigate and affix the right not to return the initial fee paid by responsibility of Party B as a security deposit; At the same time, Party B shall cooperate with Party A to return all cooperation materials such as cooperation project materials and trademark product authorization documents, and compensate all economic losses suffered by Party A;
5. If Party B violates this agreement and causes losses to Party A, all expenses (including but not limited to attorney fees, legal fees, arbitration fees, announcement fees, preservation fees, guarantee fees, appraisal fees and auction evaluation fees) incurred by Party A for safeguarding its own legitimate rights and interests shall be borne by Party B;
6. If Party B cancels or changes the order without authorization, it shall pay 20% of the order price as liquidated damages and compensate Party A for all losses such as stocking, labor and profitaccordingly.
Appears in 1 contract
Samples: Intercity Carpool Business Cooperation Agreement (Senmiao Technology LTD)