Liability of Breach. 9.1 If Party A fails to duly pay the Technical Services Fee in accordance with the provisions of Article 3 hereunder, then Party A shall pay the liquidated damage amount per day equal to 0.03% of the unpaid consideration which falls due; if any delay of payment amounts to ten(10) days, then Party B shall be entitled to exercise the right of pledge under the Equity Pledge Agreement.
9.2 If Party A violates its representations and warranties hereunder and fails to redress such violation within ten (10) days upon receipt of written notice from Party B, Party B shall be entitled to exercise the right of pledge under the Equity Pledge Agreement.
9.3 If Party B does not fully perform its obligations and duties under this Agreement, or is otherwise in default of any of its representations and warranties hereunder, Party A shall be entitled to request Party B to redress its default.
Liability of Breach. Pursuant to the provisions stipulated by laws and regulations, the company is entitled to request the employee to pay economic compensation for damages or economic losses resulted from the employee’s breach of this agreement. If the employee fails in compliance with any Chinese laws, or by signing this agreement violates against his/ her former employment relationship or any contract with a third party, the employee shall be liable for all the damages, liabilities, penalties or expenditures(including lawyer fee and litigation fee) arising from or related to this employment and reimbursement to cover all the damages to company.
Liability of Breach. The Breaching Party shall compensate other parties for all direct loss, damages, fees or liabilities. If all parties have faults, each party shall bear its respect obligation and loss. For avoidance of doubt, under any circumstances the Breaching Party shall not compensate any consequential or accidental loss, damages or profit loss.
Liability of Breach. 10.1 The Sole Corporation has the right to terminate this Agreement and/or require the Shareholders and the Company to fully indemnify the Sole Corporation if the Shareholders or the Company substantially breach any sections hereof; this section 10 shall not preclude any other rights of the Sole Corporation hereunder.
10.2 Unless otherwise provided for by applicable laws, the Shareholders or the Company have no right to terminate or cancel this Agreement.
Liability of Breach. 9.1 The Pledgee has the right to terminate this Agreement and/or require the the Pledgor and the Company to fully indemnify the Pledgee if the Pledgor or the Company substantially breach any articles hereof; this article 9 shall not preclude any other rights of the Plegee hereunder.
9.2 Unless otherwise provided for by applicable laws, the Pledgor or the Company have no right to terminate or cancel this Agreement.
Liability of Breach. Except as otherwise provided herein, if one Party (the “Breaching Party”) fails to perform any of its obligations or breaches this Agreement in other ways, the other Party (the “Indemnitee”) may:
(1) issue a written notice to the Breaching Party regarding the nature and scope of such breach and require the Breaching Party to rectify such breach within a reasonable period (the “Cure Period”) written in the notice at its own cost; and
(2) if the Breaching Party fails to rectify such breach within the Cure Period, the Indemnitee is entitled to requiring the Breaching Party to bear all liabilities caused by such breach, and compensate all actual losses suffered by the Indemnitee in relation with such breach, including without limitation the attorney’s fee, litigation or arbitration expenses in relation with such breach. The Indemnitee is also entitled to require specific performance by the Breaching Party. Furthermore, the Indemnitee may apply to arbitration institutions or courts for judgment of specific performance or compulsory enforcement. The exercise of the above remedy will not constitute the waiver of any other remedy available to the Indemnitee herein and in accordance with applicable laws.
Liability of Breach. 4.1 Both sides agreed that if one party breaches any terms or conditions of the agreement, and make another party suffered any loss, it should compensate the loss of another party.
4.2 Transferee shall bear the responsibility of any delay of executing it's liability to place the investment and shares according the agreement.
Liability of Breach. 10.1 After execution of this Agreement, except for force majeure, any party’s failure to perform or fail to promptly or improperly perform any of its obligations under this Agreement, or breach of any statement or guarantee made under this Agreement, shall constitute its breach of contract, shall be liable for breach of contract in accordance with the provisions of this Agreement or applicable laws.
10.2 After execution of this Agreement, if the Purchaser discovers that the assets and liabilities of any Target Company are significantly different from the circumstances disclosed by it, or if the Target Company has any illegal and illegal activities, as well as major litigation, arbitration and other disputes, resulting in economic losses suffered by the Purchaser, the Shareholders of Target Companies shall compensate the Purchaser for the losses accordingly.
10.3 The Shareholders of Target Companies shall be responsible for any liabilities and/or contingent liabilities of the Group Companies existed prior to the Execution Date which is not disclosed by the Target Companies, including such liabilities arising from their violation of the representations and warranties in Article 7.1.7, such as uncollected accounts receivable and shareholders’ loans.
10.4 As to such liabilities and/or contingent liabilities of the Group Companies disclosed by the Target Companies prior to the Execution Date,
10.4.1 if the accounts receivables or any third-paid credit rights entitled by the Group Companies before the Closing Date have not recovered or paid within twenty-four (24) months following the Closing Date, the Purchaser shall have the right to require the Shareholders of Target Companies to pay such unrecovered amounts to the Purchase or the Target Companies within thirty (30) days thereafter;
10.4.2 if the Shareholders of Target Companies (including their affiliated parties) fail to repay all debts and loans (including principal and accrued interest) to the Group Companies before the Closing Date, the Purchaser shall have the right to deduct the amount of such debts and loans from the Cash Consideration.
10.5 the Shareholders of Target Companies shall take responsibility for such liabilities and fully compensate the Purchaser within [30] days after such liabilities are determined.
10.6 Any party shall be liable for its breach of contract and shall compensate the other party for all losses caused by it. Such losses include but not limited to auditing fees, evaluation fe...
Liability of Breach. 9.1 It shall be deemed as breach provided that any party hereto does not perform or completely perform the responsibilities and obligations specified hereof. The defaulting party, upon receiving the notice of observing party, shall promptly remedy the violation. When the breaching party, within five (5) working days upon receiving the said notice, does not remedy its breach, and nor give written reply for such notice, the observing party has right to terminate part of or all provisions hereof as well as to pursue the liabilities of the defaulting party and to demand the defaulting party to make compensations on the losses suffered by itself.
9.2 Either party shall bear the confidentiality obligation in accordance with Article 8 of this Agreement on each other’s confidential information. If any party without other party’s permission, use or disclose the confidential information herein of regulated that the defaulting party should bear the liability of penalty of RMB 100,000 Yuan to the observing party, and therefore bear the losses caused to the observing party as well as other joint and several liability. This clause shall continue in force after the termination of this Agreement.
9.3 Since the Agreement enter into force, in case the Agreement terminated or removed caused by Party A, Party A shall pay Party B the service fee for the work that have completed. In case that removing or termination caused by force majeure that Party A and Party B may pursue to consultations.
9.4 If Party A fail to pay Party B within the agreed period under the Article 7.2, Party A shall bear the liability for each overdue day and pay Party B the penalty of 0.3% of the amount that payable for each day.
9.5 Party A shall ensure the authenticity and effectiveness of outbound calling customers’ information that provided, such as customer complaints that occur due to customer data provided by Party A, Party A shall be responsible and bear all responsibilities arising there from.
9.6 Since the Agreement enter into force, in case the Agreement terminated or removed caused by Party B, Party B shall return all the information provided, meanwhile, Party B shall pay 20% of the total amount of this Agreement to Party A for the penalty and therefore bear the losses suffered by Party A. * Denotes location where Confidential Information has been redacted. Subject of Rule 406 request for confidential treatment.
9.7 If Party B breach the Article 3 under this Agreement that fails to complete wo...
Liability of Breach. If either Party breaches any representation, warranty, obligation or any other provision under this Agreement, or if such Party makes any false statements under this Agreement, which results in any damage, liability or loss to the other Party (including but not limited to, the expected loss of profits), the defaulting Party or the Party which made the misrepresentation should indemnify the other Party the damage, liability or loss arising out of such breach or misrepresentation (including but not limited to, the loss of any interest and legal fees). Such indemnification shall be equal to all deserved benefits and actual loss that the other Party has been deprived of as a result of the breach, or for any misleading misrepresentation.
