Liability for Breaches Sample Clauses

Liability for Breaches. Any liability arising in respect of any breach of the above representations, warranties and undertakings shall continue notwithstanding, and shall not be affected by, the completion of the purchase and issuance of the Shares or the termination of this Agreement.

Liability for Breaches. 15.1 Any Party in breach of the stipulation in the Contract shall bear liability to the other Party. 15.2 Should Lessee delay payment for fees for occupancy and use of the Leased Unit during the Renovation Period, Rent, Security Deposit, Property 30 <PAGE> Management Fees, Public Utilities Fees or any other fees to be paid hereunder, for each day overdue, Lessee shall pay to Lessor a delay of performance default penalty of 0.1% of the amount owed. Where the overdue exceeds 14 days, and Lessee still fails to pay within 7 days after Lessor serves Lessee with a written reminder notice, Lessor shall have the right to temporarily stop part or all energy supply or management services to the Leased Unit without notice until Lessee starts to perform the relevant payment obligations (during which period Lessee shall still pay rent and related fees according to this Contract), and Lessor shall not be liable to Lessee or any third party. In the event that Lessor is subject to claims by any third party, Lessor shall have the right to recover the losses from Lessee; where the overdue exceeds 30 days, Lessor shall have the right to terminate the Contract. In case Lessor terminates the Contract, Lessee shall still pay to Lessor the default penalty stipulated in Clause 16.2 below. 15.3 In case of a breach of Contract or situations not governed by the Contract or laws and regulations, where Lessor terminates the Contract and takes back the Leased Unit during the Lease Term (including the Renovation Period), Lessor shall return to Lessee double amount of the Security Deposit collected according to the provisions of the Contract, and return to Lessee Rent and all fees paid by the Lessee but not yet incurred. 15.4 In situations not governed by the Contract or laws and regulations, Lessee terminates the Lease without consent of Lessor during the Lease Term (including the Renovation Period), Lessor shall have the right to retain the Security Deposit paid by Lessee as part of the default penalty to be paid by Lessee for breach of contract and where the Security Deposit is not sufficient to cover the losses incurred by Lessor, Lessee shall be responsible for the difference. 15.5 Where Lessee renovates or adds ancillary facilities in the Leased Unit without obtaining the Lessor's written contain or the renovation or addition of ancillary facilities exceeds the scope and requirement of the Lessor's written consent, Lessor shall require Lessee to restore the Leased

Liability for Breaches. Subject to the limitations set forth in Clauses 11 and 15, in the event of a Breach of: 1. the Individual Warranties or any other individual obligations of a Seller under this Agreement, solely the Seller to whom the relevant Breach relates will pay to the Purchaser, or to any other person designated by the Purchaser, the actual amount of Damages suffered or incurred by the Purchaser as a result of such Breach, it being agreed that any Damages suffered by the Company in respect of such Breach shall be deemed Damages suffered by the Purchaser; and Exhibit 2.1 2. the Joint Warranties or any other joint obligations of the Sellers under this Agreement, each Seller shall pay in accordance with its Relevant Proportion to the Purchaser, or to any other person designated by the Purchaser, the actual amount of Damages suffered or incurred by the Purchaser as a result of such Breach, it being agreed that any Damages suffered by the Company in respect of such Breach shall be deemed Damages suffered by the Purchaser.

Liability for Breaches a) If there is more than one Headlessor named in Item 2, a breach of the Agreement by an act or omission of one Headlessor is taken to be a breach by the Headlessor. b) A breach of the Agreement by an act or omission of the Headlessor’s Agent is taken to be a breach by the Headlessor. c) A breach of the Agreement by an act or omission of a person acting on behalf of the CRS is taken to be a breach by the CRS. d) Notwithstanding any provision of this Agreement to the contrary, the Headlessor releases and indemnifies the CRS and keeps the CRS released and indemnified, in respect of and against any Claim or Costs arising directly or indirectly from any circumstances, for which the CRS, its officers, agents or employees may be or become liable whether in contract, tort, by statute or otherwise, in respect of this Agreement and whether during or after the term of this Agreement , including in respect of any loss or damage to property, or injury or death to any person, (including to the Subtenant) caused by: i) any act or omission on the part of the Headlessor, its agents, licensees, employees or contractor, others under the Headlessor’s control; ii) for any Costs or Claim the CRS incurs as a result of any breach of this Agreement by the Headlessor; or iii) for any costs arising as a result of any request for the Headlessor’s consent pursuant to this Agreement; except to the extent that such Claim or Costs are caused by the negligent act or omission of the CRS, its officers, employees or its agents in carrying out the terms of this Agreement.

Liability for Breaches. 10.1 Any Party who breaches, fails to perform, or improperly performs any of its obligations under this Agreement shall be deemed in default (the “Defaulting Party”). The Defaulting Party shall pay the liquidated damages equal to 20% of the Consideration for Transfer to indemnify the other Parties (the “Non-Defaulting Parties”) for any losses resulting from such breaches. 10.2 During the term of this Agreement, Party A shall have the right to terminate this Agreement if Party B delays the payment of the Consideration for Transfer as required herein for fifteen (15) days. 10.3 During the term of this Agreement, if the Share Transfer Closing cannot be completed due to reasons attributable to Party A, Party A shall refund to Party B the Consideration for Transfer already received, if any, together with any accrued interest calculated at the prevailing savings deposit rate issued by the Bank of China.

Liability for Breaches. In the event of a Breach, each Warrantor shall be liable to pay to Stellantis, or at the discretion of Stellantis, to any other person designated by Stellantis (including without limitations the Group Companies), the amount of damage (▇▇▇▇▇▇) calculated in accordance with section 6:96 et seq. of the DCC, suffered or incurred by Stellantis, the Group Companies and/or Stellantis’ Affiliates as a result of or in connection with such Breach, including all costs and expenses and without limitation any damages, legal and other professional fees and costs, penalties, expenses and consequential losses whether directly or indirectly arising from such Breach, it being understood that any damage suffered by any Group Company in respect of any Breach shall be deemed damage suffered by Stellantis, in accordance with its Pro Rata Percentage. In the event of a breach of a Stellantis Warranty, Stellantis shall be liable to pay to FIH and Wonderful Stars, the amount of damage (▇▇▇▇▇▇) calculated in accordance with section 6:96 et seq. of the DCC, suffered or incurred by FIH and Wonderful Stars or their Affiliates as a result of or in connection with such breach, including all costs and expenses and without limitation any damages, legal and other professional fees and costs, penalties, expenses and consequential losses whether directly or indirectly arising from such breach, it being understood that any damage suffered by any Group Company in respect of any such breach shall be deemed damage suffered by Wonderful Stars, in accordance with its pro rata percentage of shareholdings in the Company.

Liability for Breaches. In the event of a Breach, the Seller shall pay to the Purchaser, or to any other person designated by the Purchaser, at the Purchaser's election (i) the amount necessary to place the Purchaser and each relevant Group Company in the position in which it would have been if the relevant Breach had not occurred or (ii) the actual amount of Damages suffered or incurred by the Purchaser or the Group Companies in respect of such Breach.

Liability for Breaches. 10.1.1. If a breach of the Sellers' Warranties occurs, the Sellers shall, subject to the limitations set out in this Agreement (including this Clause 10), pay to the Purchaser the amount of the Loss involved. 10.1.2. If and to the extent a breach is capable of being remedied, no liability for such breach shall exist to the extent the relevant breach has been remedied during a period of twenty (20) Business Days after the relevant claim has been notified to the Sellers in accordance with Clause 10.2. 10.1.3. The provisions of this Clause 10 set forth the exclusive remedies of the Purchaser for a breach of the Sellers' Warranties and the Purchaser shall have no other rights vis-à-vis the Sellers, neither by contract nor by law. 10.1.4. Save to the extent this Agreement explicitly provides otherwise, each Seller is only liable for its own performance under this Agreement and shall not bear any liability for the performance or non-performance of any of the other Sellers. It is explicitly agreed that the Sellers shall not be liable for any obligation under this Agreement on a joint and several basis (hoofdelijk).

Liability for Breaches. 10.1.1. If and to the extent that a Seller is or the Sellers are liable for a Breach, the relevant Seller or the Sellers shall, on a pro rata part basis (calculated in reference to the part of the Purchase Price received by the Sellers as set out in the Notary Letter as set out in the Notary Letter) subject to the limitations set out in this Agreement (including this Clause 10), pay to the Purchaser the amount of the Loss incurred. 10.1.2. If and to the extent a Breach is capable of being remedied, no liability for such Breach shall exist to the extent the relevant Breach has been remedied during a period of forty (40) Business Days after the relevant Claim has been notified to the Sellers in accordance with Clause 10.2. 10.1.3. The provisions of this Clause 10 set forth the exclusive remedies of the Purchaser for a Breach and the Purchaser shall have no other rights vis-à-vis the Sellers, neither by contract nor by law. 10.1.4. Save to the extent this Agreement explicitly provides otherwise, each Seller is only liable for its own performance under this Agreement and shall not bear any liability for the performance or non-performance of any of the other Sellers. It is explicitly agreed that the Sellers shall not be liable for any obligation under this Agreement on a joint and several basis (hoofdelijk) and only on a pro rata part basis (calculated in reference to the part of the Purchase Price received by the Sellers as set out in the Notary Letter as set out in the Notary Letter).