Liability for Breach of this Agreement. Either party who fails to perform the obligations hereunder shall pay the other party liquidated damages equal to RMB 200,000.
Liability for Breach of this Agreement. 7.1 Unless otherwise specified in other articles herein, if Party B(the “Defaulting Party”) fails to fulfill certain obligations herein or violates this Agreement in other ways, Party A (the “Damaged Party”) may: (a) notify the Defaulting Party of the nature and scope of the violation in writing and ask the Defaulting Party to remediate at its own expense within a reasonable period of time (hereinafter referred to as “Remediation Period”); and if the Defaulting Party fails to take remedial measures during the Remediation Period, the Damaged Party is entitled to ask the Defaulting Party to undertake all responsibilities for its violation and also compensate all actual economic losses due to the Damaged Party, including without limitation, the legal fees incurred in litigation and arbitration proceedings relating to the violation. The Damaged Party is also entitled to ask the Defaulting Party to perform its contractual obligations and petition the court or the relevant arbitration institution to issue an order of specific performance or compulsory performance by the Defaulting Party; (b) terminate this Agreement and ask the Defaulting Party to undertake all responsibilities for its violation and also compensate all damages; or (c) place the pledged equity on discount, auction or selling according to the Equity Interest Pledge Agreement signed on the date hereof by and among the Parties and Party B’s existing shareholders, be entitled to compensation priority in the amount of discount, auction and selling, and ask the Defaulting Party to undertake all losses hereof. While exercising the foregoing remedial right, the Damaged Party is entitled to other remedial rights regulated herein and under the relevant laws and regulations.
7.2 The Parties hereby agree and confirm that, unless otherwise compulsorily provided by the PRC laws, if Party B is the Defaulting Party, the Damaged Party is entitled to terminate this Agreement unilaterally and ask the Defaulting Party to compensate the losses.
Liability for Breach of this Agreement. 7.1 Any Party which breaches this Agreement shall pay compensation to the performing Party on its incurred loss.
7.2 Any Party’s waiver to claim on other Party’s breach of this Agreement is valid only in written form. No failure or delay of Any Party on exercising any right or claim on remedy provided hereunder shall constitute a waiver of such rights. Partial exercise of the rights to claim or remedy shall not prevent such Party from exercising other rights and remedy.
Liability for Breach of this Agreement. Where the Borrower fails to perform her repayment obligation within the term stipulated in this Agreement, her shall pay overdue interest at 0.02% of the outstanding amount for each day until the Borrower pays all principal and overdue interest of the loan and other amounts.
Liability for Breach of this Agreement. Party A and Party B shall fulfil the relevant obligations in strict accordance with the provisions of this Agreement. If either party violates the foregoing provisions of this Agreement, it shall be deemed as having breached this Agreement and shall bear all losses incurred by the non-defaulting party as a result (including but not limited to direct losses and indirect losses).
Liability for Breach of this Agreement. 7.1 Supplier warrants that it will not:
(1) steal, modify, destroy information of others;
(2) make copy/ies of others’ information for sale or reference without its consent;
(3) intentionally destroy email box or communication device(s) of others;
(4) disseminate computer viruses;
(5) collect resources that are not officially opened or authorized by owners;
(6) collect others‘ URL or personal information of without consent; or
(7) conduct any actions which may jeopardize communications or violate laws or regulations. In no event shall the aforementioned provisions constitute an obligation of Customer to conduct any examinations, whether in formality or substantial, to the contents transmitted by Supplier. Supplier shall take responsibility to its own actions. If Customer finds or is notified by others that Supplier violates any of the foregoing provisions, Customer may remove or delete inappropriate contents and terminate Supplier’s qualification as a vendor and refuse its services.
7.2 In the event that Supplier violates any terms of this Agreement, and such violation results in losses or damages incurred by Customer, Supplier shall indemnify and hold harmless Customer from and against such losses and damages, including but not limited to attorneys fee and costs of litigation.
7.3 Each Party shall bear its own costs and losses if this Agreement or the Electronic Document created under or in relation to this Agreement is invalid and unenforceable under the relevant laws, unless such invalidity or unenforceability is attributable to the other Party’s intents or negligence.
7.4 In the event that Supplier infringes rights of others due to Supplier embezzles Digital Signature, Supplier shall bear all consequences on its own.
Liability for Breach of this Agreement. 8.1 This Agreement is a clear expression of the true will of the Parties. During the performance of this Agreement, if any Party fails to strictly implement or fulfill the corresponding responsibilities and obligations in accordance with this Agreement, such Party will be deemed to have breached the Agreement, and shall bear the corresponding liability for the breach. In addition to compensating the observant Party for its actual losses, the defaulting Party shall also bear all expenses paid by the observant Party to obtain such compensation, including but not limited to legal fees, attorney fees, and travel expenses. If any other third party suffers any losses and disputes due to any Party's violation of this Agreement, and the result of the settlement of such disputes finally leads to the observant Party taking any responsibilities, the breaching Party shall fully compensate the observant Party for the losses thus incurred.
8.2 If this Agreement is terminated in advance caused by Party A, that is, the production of the Cooperative Vehicle Models in Party B is stopped prior to the expiration of this Agreement, Party A shall compensate Party B for the reasonable and direct losses caused thereby in lump sum. For the purpose of clarity, Party B's reasonable direct losses are limited to those directly related to the Cooperative Vehicle Models, including but not limited to the depreciation and amortization of fixed assets (calculated at annual scheduled production capacity), material inventory, semi-finished products of the Cooperative Vehicle Models produced online, vehicles not yet delivered, and employee severance costs that have not yet been borne by Party B during the remaining term of this Agreement.
Liability for Breach of this Agreement. 10.1 Where Party B or Party C materially breaches any term under this Agreement, Party A shall have the right to terminate this Agreement and/or claim damages against Party B or Party C; this Article 10 shall not prejudice any other rights of Party A hereunder;
10.2 Unless otherwise specified by laws, Party B or Party C has no right to terminate or rescind this Agreement under any circumstances.
Liability for Breach of this Agreement. 9.1 Save for the breaches and Breaching Liability specified in other terms of this Agreement, the Breaching Party of other breaches hereof shall promptly terminate its breaches from the date when it receives the written notice requesting it to correct its breaches from the Non-breaching Party. In the event that the Non-breaching Party sustains any losses arising out of the breaches of the Breaching Party, the Breaching Party shall indemnify any such losses sustained by the Non-breaching Party within five (5) days, including but not limited to direct losses, indirect losses, and all reasonable expenses arising from such indemnification.
Liability for Breach of this Agreement. 9.1 Where the Transferor fails to transfer the Shareholding as provided in this Agreement, the Transferee is entitled to terminate this Agreement, and the Transferor shall be liable for the actual loss the Transferee suffers in connection with or arising out of such breach.
9.2 Where the Transferee fails to pay the Price in accordance with this Agreement, the Transferor is entitled to terminate this Agreement, and the Transferee shall be liable for the actual loss the Transferor suffers in connection with or arising out of such breach.
9.3 Upon the execution of this Agreement, failure by either party to perform other obligations in this Agreement and any untrue representations or warranties shall be deemed as a breach of this Agreement. The defaulting party shall compensate all the loss suffered by the innocent party caused by the breach of this Agreement.
9.4 The liability for breach of this Agreement shall survive the completion of the Delivery and the termination of this Agreement.
