Liability for Breach of the Contract. Article 30 The Assignee shall pay for the assignment price of the state-owned construction land use right on time in accordance with the terms of the Contract. If the Assignee fails to pay for such assignment price on schedule, it shall be imposed on a daily penalty of 1 ‰ of the deferred payment to the Assignor starting from the first day after the due time. If the assignment price is overdue for more than 60 days, and the Assignee neglects the Assignor’s reminder of the payment, the Assignor shall have the right to terminate the Contract, and the Assignee shall have no right to request the Assignor to refund the deposit. The Assignor can request the Assignee to compensate for the losses.
Article 31 If the Assignee terminates its investment and construction for any of its own reasons, and proposes to the Assignor to terminate the Contract and return the Assigned Land, the Assignor shall report for approval to the people’s government which originally approves the land use right assignment plan. After obtaining such approval, the Assignor shall, in accordance with the following agreements, refund all or part of the assignment price of the state-owned construction land use right (without interest) except for the deposit as agreed in the Contract, and withdraw the state-owned construction land use right. The established buildings, fixtures and their auxiliary facilities within the boundaries of the Assigned Land may not be compensated while the Assignor may request the Assignee to remove or dismantle the established buildings, fixtures and their auxiliary facilities to restore the leveled ground. However, if the Assignor is willing to continue to use the established buildings, fixtures and their auxiliary facilities within the boundaries of the Assigned Land, the Assignor shall make reasonable compensation to the Assignee.
1. If the Assignee applies to the Assignor not less than 60 days prior to the first anniversary of the construction commencement date provided under the Contract, the Assignor shall refund all the paid assignment price of the state-owned construction land use right except for the deposit.
2. If the Assignee applies to the Assignor between the first and the second year after the commencement of the construction and not less than 60 days before the second anniversary of the construction commencement date provided under the Contract, the Assignor shall refund the remainder of the assignment price of the state-owned construction land use right ...
Liability for Breach of the Contract. 11.1 Either contracting party has one of the following circumstances, it shall bear liability for breach of the contract to the other party:
1) The Company violates the provision of this contract to unilaterally terminate this contract;
2) Without consent of the Company, the Employee takes unauthorized leave;
3) The Employee has certain circumstances set forth in item (1) or item (2) of Article 9.5 hereof.
11.2 If the Employee has received training sponsored by the Company, then the corresponding breaching liability shall be compensated in accordance with the training agreement.
Liability for Breach of the Contract. 1. If Party A fails to use the loan for the purpose of borrowing as stipulated in this contract, Party B has the right to withdraw all the loan. For the part that is used for breach of the contract, a penalty interest shall be imposed on the loan interest rate set by the People's Bank of China for the same period.
2. If Party A fails to repay the loan within the time limit, Party B has the right to recover the principal and interest of the loan, and Party A shall pay the daily penalty of 5% of the loan amount from the due date.
Liability for Breach of the Contract. 9.1 If Party B breaches any provision of this contract, it shall immediately cease the violation and pay the penalty no less than the amount of 6 months’ salaries as well as cost for survey and hiring a lawyer that have been pre-paid by Party A. If the loss incurred to Party A by Party B is more than the penalty, Party B shall compensate for the balance. Party A is entitled to deduct the loss compensation amount from any sum of money to be paid to Party B and to claim compensation from Party B for the shortage part.
9.2 After Party B pays the penalty for his/her breach of contract to Party A according to provisions above, Party A is entitled to request Party B continuing to fulfill his obligations under the contract.
Liability for Breach of the Contract. 14.1 In case Party B is default on the rental, property management fee, deposit and other expenses payable under the Contract, Party A has the right to demand Party B to pay the interest for any delayed payment. (The interest rate is calculated as 1% per day from the date the payment becomes due.)
14.2 Party B hereby agrees and declares that Party A is entitled to recall the Premises and terminate the Contract and Party B shall pay Party A a sum of money equal to the deposit as compensation to make up Party A’s loss under the following [English translation; for reference only]
Liability for Breach of the Contract. 1. The Contract shall take immediate effect once being signed. Except for the mutual agreement of the Parties, government acts or force majeure, neither Party shall breach the lease without authorization, otherwise, the breaching Party shall compensate the non-breaching Party for three months’ rent.
2. If Party A fails to deliver the Plant within the time limit in accordance with the conditions agreed in the Contract, it shall bear an overdue fine at 0.03 percent of the first rent collected for each day of delay; If the delivery is overdue for more than 30 days, Party B shall be entitled to unilaterally terminate the Contract because of Party A’ serious breach of the Contract, and Party A shall refund the security deposit of the Plant received in double, and the rent, water and electricity security deposit as well as the maintenance fee of industrial power equipment, etc. already received.
3. If Party A’s fault causes Party B to be unable to use the Plant normally, Party A shall compensate for the losses thus caused to Party B.
4. Party B shall be deemed as a serious breach of the Contract by Party A under the following circumstances, and Party A may terminate the Contract in advance and take back the leased Plant. All security deposits, maintenance fees for industrial power equipment and prepaid rent and property management fees collected by Party A and Party C from Party B shall not be refunded, and Party A may claim against Party B for actual losses:
(1) The Lessee subleases, or transfers the leased Plant without authorization;
(2) The Lessee uses the Leased Apartment to conduct illegal activities and harm the public interest;
(3) The Lessee arbitrarily changes the purpose of the Plant;
(4) The Lessee changes the plant structure and damages plant and plant facilities on its own without the Lessor’s consent;
(5) Violating the relevant regulations on fire control, safety, environmental protection, and sanitation and delaying or refusing to rectify, or being punished by the government department due to serious/major liability accidents.
5. Party B shall be deemed as a serious breach of the Contract if it fails or is unable to pay the rent, water and electricity charges, maintenance fees for industrial power equipment and property management fees as agreed in the Contract; Party A shall be entitled to immediately stop the water and electricity supply, to take back the leased Plant and dispose of Party B’s equipment, raw materials, finished products, office ...
Liability for Breach of the Contract. When the breach event mentioned in Article 1, Paragraph 1 appears, Party A reserves the right to adopt any one or multiple measures:
1. Propose loan becomes due in advance and collect partial or whole principal and interest of issued loan in advance and demand payment of relevant expenses, including but not limited to fees on survey on credit standing, inspection and notarization. Party A’s lawyer’s fee due to realization of creditor’s right, litigation fee, arbitration fee, traveling fee, declaration fee, sending fee and performance fee;
2. Stop or terminate issuing and paying any payments that have not been issued and paid yet;
3. Reserve the right to directly deduct loan principal and interest and all expenses from accounts of Party B and guarantor;
4. Demand Party B to offer new security to creditor’s right under the Contract pursuant to Party A’s requirements;
5. Perform security right and demand guarantor to perform guarantee responsibility or realize creditor’s right via settling mortgage and/or pledge;
Liability for Breach of the Contract. 1. The breaching party shall be liable to the non-breaching party for the actual damages incurred. In addition, the non-breaching party may terminate the agreement if the breaching party fails to take remedial measures within 10 days after the breach has occurred or to compensate the losses of the non-breaching party within a reasonable period of time.
Liability for Breach of the Contract. 7.1 In the case of any or several of the following circumstances at any time after the signing of the Agreement: (1) the representations, warranties and commitments made by the Transferor hereunder are materially changed, and such changes are not accepted by the Transferee; or (2) the Transferor fails to perform its obligations hereunder; or (3) the Transferor transfers part or all of the underlying equity to a third party; the Transferee may choose to:
7.1.1 The Transferee has the right unilaterally propose the termination of the Agreement, and the Transferor shall pay the liquidated damages of RMB1,200,000.00 (in words: RMB ONE HUNDRED AND TWENTY THOUSAND YUAN only) to the Transferee and refund the total amount already paid.
7.1.2 Require the Transferor to continue to perform the Agreement; under such circumstances, the Transferor shall compensate the Transferee for any and all losses thus incurred. In the case that the Transferee has paid the transfer price of the target equity or other amount to the Transferor in full or in part, the Transferor shall pay the Transferee the liquidated damages at the rate of 5‱ per day for the period from the payment date of the amount(s) already paid to the Transferor to the day on which the aforesaid circumstances are rectified. In the case that the losses suffered by the Transferee exceed the amount of the liquidated damages, the Transferor shall compensate the Transferee for the losses uncovered by the liquidated damages.
7.2 In the event of a change in the company’s equity, if the Transferors fail to cooperate with the change, the Transferor shall voluntarily refund all fees already collected and bear a penalty of RMB600,000.00 (in words: RMB SIXTY THOUSAND YUAN only).
7.3 In the case that the Transferee fails to pay the transfer price of the target equity as agreed herein after the Agreement comes into force, it shall pay to the Transferor the liquidated damages at the rate of 5‱ per day for the amount whose payment is delayed. In the case that the Transferee delays paying the transfer price of the target equity in whole or in part for more than 60 days, the Transferor may choose to:
7.3.1 Directly notify the Transferee in writing to terminate the Agreement; under such circumstances, the Transferee shall pay the liquidated damages of RMB600,000.00 (in words: RMB SIXTY THOUSAND YUAN only) to the Transferor.
7.3.2 Require the Transferee to continue to perform the Agreement; under such circumstance, in the event that ...
Liability for Breach of the Contract. 1. Each Party shall be liable for any damages as a result of its breach of this Contract suffered by the other Party.
2. Each Party shall bear civil liabilities to PI Subject if its breach of this Contract infringes on the rights of PI Subject, without prejudice to the administrative, criminal or other legal liabilities that shall be assumed by PI Processor under the Relevant Laws and Regulations.
3. If the Parties shall assume joint and several liabilities in accordance with the law, PI Subject shall have the right to request each Party or both of the Parties to assume liabilities. When the liability assumed by one Party exceeds the liability such Party shall be assumed, such Party shall have the right to claim against the other Party accordingly.
