Party B’s liability for breach of contract. 14.1 If Party B is behind the rent during the Term, Party A has the right to require Party B to pay a late fee, equal to 0.1 percent (one thousandth) of the monthly rent of the Property for each day overdue from the date when the rent is due, until all due fees and late fees have been paid off.
14.2 In the event of any late payment of the PM Fee, the main maintenance fund, utilities, the air-conditioning fee, and the parking space rent, among others, made by Party B during the Term, Party A has the right to require Party B to pay a late fee, equal to 0.1 percent (one thousandth) of such late payments for each day overdue from the date when such payments are due, until all due fees and late fees have been paid off. If such payments are overdue for more than 15 days (incl.), Party B promises that Party A has the right to take the following remedies for Party B’s breach of contract: Party A has the right to decide to entrust the PM with stopping the supply or use of water, electricity or other facilities, while any and all the consequences incurred thereof shall be borne by Party B.
14.3 During the Term, Party B shall not cancel the Lease Agreement and the Agreement without justifiable reasons. If Party B does need to cancel them prematurely according to its business development needs, it must send a written application to Party A two months in advance and obtain Party A’s written consent. If Party B does not have any other breach of contract stated in the Lease Agreement and the Agreement, the Lease Deposit and any other advance payment (if any) paid by Party B shall be owned by Party A, while Party B shall not bear other liabilities for breach of contract or for compensation for early cancellation of the contract. If Party B still has any other breach of contract stated in the Lease Agreement and the Agreement, Party B shall correct such breach no less than one month before its request for early cancellation; otherwise, Party B shall compensate Party A for any and all losses incurred thereof and shall be responsible for completing such correction. The correction period is not subject to the term and validity of the Lease Agreement and the Agreement. If Party B fails to send a written application to Party A two months in advance and obtain Party A’s written consent but unilaterally terminates the Lease Agreement and the Agreement, Party A will not refund the Lease Deposit and any other advance payment (if any) paid by Party B, and Party B shall pay Party A a...
Party B’s liability for breach of contract. Without prejudice to any other rights which Party A may have under the Contract (including the right to take back the Premises and terminate the Contract prior to the expiration of the lease term), if during the lease term, Party B breaches any provision of the Contract, upon the advance notice Party A and/the property management company may cut off the water or electricity supply or other services to the Premises or take other legal measures and actions until the breach is corrected. Party B must still pay the rental and the property management fee in accordance with the Contract during the cut-off, and shall be liable for all consequences and expenses arising therefrom (including the expenses in connection with reconnecting the water and electricity supply).
Party B’s liability for breach of contract. 8.1 if Party B has any of the following behaviors, Party A has the right to unilaterally terminate this contract and take back the booth. If Party A does not terminate this contract, it will not affect Party A’s right to require Party B to bear the liability for breach of contract:
8.1.1 those who are in arrears to pay promotion fees for more than 30 days (including 30 days).
8.1.2 Party B goes bankrupt or goes through liquidation procedures, except for the liquidation due to reorganization or merger.
8.1.3 due to Party B’s reason, the booth is sealed due to the enforcement of the people’s court.
8.1.4 other circumstances under which Party A is allowed to unilaterally terminate the contract in advance by laws, regulations or other terms of the contract.
8.2 Party A and Party B agree that if Party B has any of the following behaviors, Party A has the right to unilaterally terminate this contract. After the termination of this contract, Party A shall cancel the cooperation. If Party A does not terminate this contract, it will not affect Party A’s right to require Party B to bear the liability for breach of contract:
8.2.1 the promotion fee in arrears is more than 60 days (including 60 days).
8.2.2 other circumstances under which Party A is permitted by laws, regulations or other terms of this contract to unilaterally terminate the contract in advance.
Party B’s liability for breach of contract. If Party A faces any third party’s claim, lawsuit or arbitration or suffers losses due to any false representation or warranty of Party B, or Party B’s breach of its obligations hereunder, or Party B’s infringement or breach of contract against a third party, Party B shall take appropriate measures (including but not limited to coordinating with the third party to resolve disputes) to hold Party A harmless from any claim, lawsuit or arbitration and/or losses. Under such circumstances, Party A reserves the right to claim compensation from Party B for the losses it suffers therefrom. Moreover, Party A has the right to take any one or several measures including but not limited to the following according to the severity of Party B’s breach of contract to hold Party B liable:
(1) Temporarily or permanently prohibiting Party B from using the authorized content in some authorized use channels; and/or
(2) Temporarily or permanently revoking part of the authorized rights previously granted to Party B; and/or
(3) Temporarily or permanently shortening license term or reducing the licensed territory; and/or
(4) Requiring Party B to pay [redacted] of the license fee of the year under this Agreement as liquidated damages. If the liquidated damages are insufficient to compensate for Party A’s losses, Party A shall have the right to require Party B to continue to bear the compensation liability; and/or
(5) Unilaterally rescinding this Agreement and revoking all authorized rights previously granted to Party B as expressly stipulated in this Agreement. For further clarification, Party A shall exercise the aforesaid rights within a reasonable and necessary scope, and give a written (including email) notice to Party B. Under such circumstances, no matter what measures Party A takes to hold Party B liable for breach of contract, Party B still needs to pay Party A the license fee proportionate to the actually used authorized rights.
Party B’s liability for breach of contract. If Party B loses the mortgaged property right certificate delivered by Party A due to fault; or if Party B fails to return the mortgaged property right certificate in time or fails to assist in handling the mortgage registration cancellation procedures according to law after Party A applies after the debt under the Master Contract is paid off, Party A shall have the right to take one or more of the following measures:
(I) Require Party B to bear the expenses for reissuing the mortgaged property right certificate;
(II) Require Party B to return the right certificate of the mortgaged property within a time limit or assist Party A to cancel the registration of the mortgaged property.
Party B’s liability for breach of contract for overdue payment
1. Within 90 days (including 90 days), from the first day of the due date set forth in this Agreement to the date on which the due date is actually paid in full, Party B shall pay Party A 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 payment) as liquidated damages, and the Agreement shall continue to be performed.
2. If the delay exceeds 90 days, Party A shall have the right to terminate the Agreement and refund the amount already paid by Party B within 60 days after the termination of the Agreement, provided that Party A shall have the right to deduct 10% of the total transfer price of the House as Party B’s liquidated damages. If the amount already paid by Party B is less than 10%, Party B shall make up for it. If Party B is willing to continue to perform this Agreement and Party A agrees, the Agreement may continue to perform this Agreement from the first day of the due date set forth in this Agreement to the date when the due date is actually paid in full. Party B shall pay Party A 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 payment) as a penalty, which shall be limited to 10% of the total transfer price of the premises. In this article, the overdue amount refers to the difference between the payment due in installments according to Article 6 of this Agreement and the actual payment made in that period. If the premises have been delivered to Party B when Party A rescinds this Agreement, Party B shall return the premises to Party A in its original condition within 30 years, and Party A shall demolish the premises without compensation. Party B shall pay Party A the occupancy fee during the actual period of use according to the market rent, and Party A shall have the right to directly deduct the occupancy fee from the payment already made by Party B.
Party B’s liability for breach of contract. (1) If Party A terminates the Contract as stipulated in Article 11.2, Party B shall pay liquidated damages to Party A according to the monthly rent amount of the contract. If the liquidated damages paid are insufficient to offset party A’s losses, Party B shall also be responsible for the compensation.
(2) Party B delays in paying the rent, deposit or other fees, and fails to meet the termination conditions or reaches the termination of the contract. If Party A fails to terminate the contract, Party B shall pay a damages equal to party A twice the daily rent for each day overdue,
(3) During the lease term, if Party B unilaterally terminates the Contract without Article 11 hereof, party B shall notify Party A in writing at least 30 days in advance and pay party A liquidated damages twice the monthly rent amount. If the liquidated damages are insufficient to cover Party A’s losses, Party B shall also be responsible for compensation.
(4) If the lease term expires or the contract is terminated, Party B shall move out and return the premises in time. In case of overdue removal or refusal to pay, Party B shall pay liquidated damages equal to twice of the daily rent to Party A for each day overdue.
Party B’s liability for breach of contract. 1. Party B shall pay Party A a late payment fee of 1% of the payable amount for each overdue day for overdue payment of rent or other expenses that should be borne by Party B.
2. In one of the following situations, Party B shall be liable for breach of contract and pay liquidated damages equal to twice the monthly rent of the current year, and this contract shall be terminated immediately:
(1) Failure to pay rent or lease guarantee within 15 days of the due date; (2) Party B terminates the contract early for unilateral reasons; (3) Party B constitutes the fundamental breach of contract in the agreement; (4) Party B uses the leased house to engage in violations of laws and regulations.
Party B’s liability for breach of contract. 13.1 In case Party B fails to take away polysilicon pursuant to the schedule as provided by the Contract, Party B shall pay Party A with ***. For *** or more overdue, Party A shall be entitled to decline Party B’s taking away of polysilicon and to terminate processing entrustment for the portion of deferred delivery. Furthermore, Party A shall have right to charge default fine from Party B as ***. In case Party B should delay its delivery of wafers due to its delayed picking up of polysilicon, Party B shall be liable for delayed delivery of wafers as per provisions of Article 13.3
Party B’s liability for breach of contract. During the lease term, if Party B commits one of the following acts, Party A has the right to terminate this contract and take back the house. Party B shall pay Party A a liquidated damages at twice the monthly rent.
1) If Party B fails to change the structure of the house or damages the house in accordance with the regulations of the relevant department, and Party A has notified in writing, it has not corrected it within the time limit.
2) Unauthorized change of the lease purpose specified in this contract, or use the house for illegal activities.
3) The rent is in arrears for more than 7 days.
4) The first rent is not paid in accordance with the time agreed in the contract.
