Party A’s Liability for Breach of Contract. (1) If Party B terminates the contract under the circumstances agreed with Party A in Article 11.3 of this contract, Party A shall return the deposit and the rent balance received in advance within 5 days after the termination of the contract, and pay liquidated damages to Party B according to the standard of the monthly rent amount of the contract. If the liquidated damages paid are insufficient to offset the losses of Party B, Party A shall also be responsible for compensation.
(2) If Party A fails to deliver the house on time or there are circumstances agreed by both parties in Item 2 and Item 3 of Article 11.3 of the contract, and Party B doesn't terminate the contract, Party A shall pay Party B liquidated damages twice the daily rent amount (the maximum liquidated damages shall not exceed twice the monthly rent amount) every day during the breach.
(3) During the lease term, if Party A unilaterally terminates the contract without the circumstances agreed in Article 11 of the contract, it shall notify Party B in writing at least 30 days in advance, return the deposit and the rent balance received in advance, and pay Party B liquidated damages twice the monthly rent amount of the contract. If the liquidated damages paid are insufficient to offset the losses of Party B, Party A shall also be responsible for compensation.
Party A’s Liability for Breach of Contract. 1) If Party A fails to deliver the house for use by Party B within the time specified in this contract, Party A shall pay Party B a penalty of two times the daily rent for every day overdue.
2) During the lease term, if Party A terminates this contract without authorization and takes back the house ahead of time, if Party B has done renovations, Party A shall also compensate Party B for the renovation costs.
3) During the lease term, if there is a dispute between the ownership status or use of the leased house and a third party (including relevant institutions or units, individuals) and affects Party B's use, Party B has the right to handle it after coordination by Party A. Termination of this agreement (the date of termination of this agreement is the date when Party B’s written notice of termination of this agreement is served to Party A), and it is deemed that Party A unilaterally terminates this agreement, and Party A shall refund Party B’s deposit and the period of the rent paid but not yet used And pay Party B a penalty of 2 times the monthly rent.
4) During the lease term, after Party B’s notice, the house will have fixed installations and equipment such as roof, main structure, floor (if any), drainage pipes (if any), gas pipes (if any), cables (if any), etc. Party B has the right to terminate this agreement (the date of termination of this agreement is the date when Party B’s written notice of termination of this agreement is sent to Party A), and it shall be deemed as Party A. To unilaterally terminate this agreement, Party A shall return Party B’s deposit and the rent during the period of rent paid but not yet used, and pay Party B a liquidated damages at twice the monthly rent.
5) During the lease period, if Party B cannot continue to use all the houses or cannot use all the houses for 30 days due to other reasons of Party A, then Party B has the right to terminate this agreement (the date of termination of this agreement is Party B’s written notice to terminate this agreement) Party A shall be deemed as the unilateral termination of this agreement by Party A. Party A shall refund Party B’s deposit and the rent during the period of rent paid but not yet used, and shall pay Party B a liquidated damages twice the monthly rent.
Party A’s Liability for Breach of Contract. Party A should be liable for violation of this Contract and compensate Party B if Party A does not deliver the Leased Premise on time and in good condition in accordance with this Contract.
Party A’s Liability for Breach of Contract. 7.1 within the term of cooperation, Party B shall have the right to unilaterally terminate this contract in case of any of the following circumstances:
7.1.1 if Party A fails to deliver the booth within the time stipulated in this contract for more than 90 days.
7.1.2 Party A violates the agreement of this contract, which makes Party B unable to continue to use the booth according to the purpose agreed in the contract.
7.1.3 there is a major safety problem in the main structure of the booth provided by Party A, which has not been solved after repair, so that both parties cannot continue to use the booth as agreed in the contract.
7.1.4 Party A goes bankrupt or decides to dissolve, except for liquidation due to reorganization or merger.
7.1.5 due to Party A’s reason, the booth is sealed due to the enforcement of the people’s court.
7.1.6 the site is unable to operate normally for more than 30 consecutive days due to Party A’s operation and other reasons.
7.1.7 other circumstances under which Party B is allowed to unilaterally terminate the contract in accordance with the provisions of laws and regulations or other provisions of the contract.
Party A’s Liability for Breach of Contract. 13.1 During the Term, Party A shall compensate Party B for any and all financial losses incurred from any property loss and personal injury caused by any damage to the Property as a result of Party A’s failure in performing its obligations of repair and maintenance agreed in the Lease Agreement and the Agreement in a timely manner.
13.2 If Party A cancels the Lease Agreement and the Agreement and takes back the Property in advance without the consent of Party B during the Term, it shall constitute a serious breach of contract, in which case, Party A shall return the Lease Deposit and any overcharged advance payment (if any) to Party B.
13.3 If the Property delivered by Party A does not meet the requirements agreed in the Lease Agreement and the Agreement so that its intended purpose cannot be achieved, or has any serious defect that may actually endanger Party B’s safety, Party B has the right to unilaterally terminate the Lease Agreement and the Agreement by giving a written notice to Party A, and requires Party A to return the Lease Deposit and any overcharged advance payment (if any).Then Party B shall move out of the Property within 7 days after the termination of the Lease Agreement and the Agreement.
Party A’s Liability for Breach of Contract if the delivery is delayed
1. Within 90 days (including 90 days), from the first day of the deadline set forth in Article 8 of this Agreement to the actual date of delivery, Party A shall pay Party B the corresponding interest calculated at the one-year loan interest rate (subject to the one-year loan benchmark interest rate published by the People’s Bank of China on the date of the final delivery) as liquidated damages. The Agreement shall continue to be performed.
2. Party B shall have the right to rescind this Agreement after the delay exceeds 90 days.If Party B rescinds this Agreement, Party A shall refund all the money paid and pay 10% of the total transfer price to Party B as liquidated damages within 15 days after Party B’s notice of rescission arrives.If Party B is willing to continue to perform the Agreement and the Agreement continues to perform, Party A shall, from the first day of the deadline set forth in Article 8 of this Agreement to the actual date of delivery, pay Party B the corresponding interest within the overdue period calculated at the one-year loan interest rate (subject to the one-year loan benchmark interest rate published by the People’s Bank of China on the date of the final delivery) as the penalty. The interest penalty shall be limited to 10% of the total transfer price of the premises.
Party A’s Liability for Breach of Contract. (1) In the event that Party A cancels this Contract without justifiable reasons, it shall pay 20% of the total contractual amount to Party B as liquidated damages.
Party A’s Liability for Breach of Contract. If Party A fails to perform its obligations as agreed herein, it shall be handled in the following ways:
6.2.1 If Party A fails to (i) complete the five-party acceptance of the targeted property, or (ii) file the completion acceptance of the targeted property, or (iii) deliver the purchased targeted property to Party B at the agreed time due to Party A’s fault, Party A shall pay Party B liquidated damages at 0.05% of the price paid by Party B for each day of delay. If the overdue period exceeds 90 days, Party B shall have the right to terminate the Agreement.
6.2.2 If Party A, due to its fault, fails to complete the online signing and filing procedures or the Real Estate Ownership Certificate of the targeted property within the agreed time, Party A shall pay Party B liquidated damages at 0.05% of the price paid by Party B for each day of delay. If the overdue period exceeds 90 days, Party B shall have the right to terminate the Agreement.
6.2.3 If Party A fails to return xxxxxxx money under the Letter of Intent to Party C as agreed in the Agreement due to Party A’s fault, Party A shall pay Party C liquidated damages at 0.05% of xxxxxxx money for each day of delay. If it is overdue for more than 90 days, Party C has the right to terminate the Agreement. If Party C terminates the Agreement, Party A shall refund all the xxxxxxx money and pay Party C liquidated damages at 10% of the estimated total price of the targeted property within 10 days from the date of receiving the notice of termination of the Agreement from Party C.
6.2.4 If Party B or Party C terminates the Agreement pursuant to Article 6.2, Party A shall, within 30 days from the date of receipt of the termination notice, (a) return the price of the targeted property already received; and (b) if the targeted property has been renovated, compensate Party B for the renovation loss according to the lower value of the present value of the renovation and the residual value of the renovation; and (c) pay Party B liquidated damages at 10% of the estimated total price of the targeted property; and (d) compensate Party B for other losses. In case of delay, Party A shall pay liquidated damages at 0.05% of the total amount of the outstanding payment payable to Party B for each day of delay from the 31st day after receiving the notice of termination. Party B shall return the targeted property to Party A within 30 days from the date of receipt of the above-mentioned payment. In case of delay, Party B shall pay t...
Party A’s Liability for Breach of Contract. (1) Where Party A breaches any provision of this Contract or any of its representation and warranty is false, inaccurate or has omission, then Party B is entitled to take one or more of the following measures:
a) Require Party A to correct its breach within a time limit;
b) Require Party A to provide new guarantee;
c) Require Party A to compensate the losses;
d) Dispose of the mortgaged asset;
e) Other remedies permitted by the law.
(2) Party B is entitled to make use of the proceeds from its disposal of the mortgaged asset according to Article 6.5 (2) to (4) above and Party A shall assist Party B to handle relevant formalities.
(3) Where the mortgage right is not effectively established due to Party A’s reason, or the value of the mortgaged asset is reduced due to Party A’s reason, or Party B cannot timely or fully realize its mortgage right caused by Party A’s reason, and where Party A and the Debtor are different persons, then Party B is entitled to require Party A to assume the joint and several liabilities with the Debtor for the secured debts, within the scope of guaranty under this Contract.
Party A’s Liability for Breach of Contract. In one of the following situations, Party A shall be liable for breach of contract and pay a penalty equal to twice the monthly rent of the current year.
1. Party A takes back the leased house of Party B ahead of the contract period.
2. The leased house provided by Party A is an illegal construction or a dangerous house, which makes Party B unable to produce and work normally.
