Common use of Penalty and Rewards Clause in Contracts

Penalty and Rewards. 5.1 In case of any breach of this Agreement by Party B, Party A shall have the right to require Party B to make an immediate rectification, fixed time improvement, make a public apology to the media and customers, and may choose to suspend approval of any new business intended by Party B, delay or refuse settlement, collect damages, or any combination of the foregoing. If the breach is serious, such as a complaint with Ministry of Industry and Information Technology or the communications authority at a bureau level, media exposure and lawsuit, Party A is entitled to terminate this Agreement immediately. 5.2 If Party B effectively perform this Agreement, and the rate of customer complaint over the services provided by Party B is low, then Party A will give first priority to consider renewing this Agreement with Party B under the same conditions. 5.3 Party B shall not send any information to the customers who have not paid off the information fee, nor shall allow the same to order the information for other customers, if the informed Party B still sends information to the customers who have not paid off the information fee or allow the same to use the game business, Party A shall have the right to claim indemnification against Party B for the economic loss arising therefrom, and Party A is entitled to terminate this Agreement.

Appears in 3 contracts

Samples: Cooperative Agreement, Technical Service Contract (Kongzhong Corp), Cooperative Agreement (Kongzhong Corp)

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Penalty and Rewards. 5.1 In case of any breach of this Agreement by Party B, Party A shall have the right to require Party B to make an immediate rectification, fixed time improvement, make a public apology to the media and customers, and may choose to suspend approval of any new business intended by Party B, delay or refuse settlement, collect damages, or any combination of the foregoing. If the breach is serious, such as a complaint with Ministry of Industry and Information Technology or the communications authority at a bureau level, media exposure and lawsuit, Party A is entitled to terminate this Agreement immediatelyimmediately and require Party B bear all losses thereof. 5.2 If Party B effectively perform this Agreement, and the rate of customer complaint over the services provided by Party B is low, then Party A will give first priority to consider renewing this Agreement with Party B under the same conditions. 5.3 Party B shall not send any information to the customers who have not paid off the information fee, nor shall allow the same to order the information for other customers, if the informed Party B still sends information to the customers who have not paid off the information fee or allow the same to use the game business, Party A shall have the right to claim indemnification against Party B for the economic loss arising therefrom, and Party A is entitled to terminate this Agreement.

Appears in 2 contracts

Samples: Cooperative Agreement (Kongzhong Corp), Cooperative Agreement (Kongzhong Corp)

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