Rescission of contract. 19.1 If this contract expressly gives a party a right to rescind, the party can exercise the right –
19.1.1 only by serving a notice before completion; and
19.1.2 in spite of any making of a claim or requisition, any attempt to satisfy a claim or requisition, any arbitration, litigation, mediation or negotiation or any giving or taking of possession.
19.2 Normally, if a party exercises a right to rescind expressly given by this contract or any legislation –
19.2.1 the deposit and any other money paid by the purchaser under this contract must be refunded;
19.2.2 a party can claim for a reasonable adjustment if the purchaser has been in possession;
19.2.3 a party can claim for damages, costs or expenses arising out of a breach of this contract; and
19.2.4 a party will not otherwise be liable to pay the other party any damages, costs or expenses.
Rescission of contract. 13.1 By consensus between both parties, this Contract can be rescinded.
13.2 Where this Contract cannot be performed due to force majeure events (earthquake, fire, flood, government resettlement etc.), this Contract will be rescinded automatically and both parties will not bear the liability for breach of contract; the user fee for commercial space prepaid by Party B to Party A will be deducted according to actual period of use, and the rest together with the security deposit will be refunded to Party B without interest.
13.3 Provided Party A has any one of the following circumstances, Party B is entitled to rescind the contract unilaterally, and Party A shall refund all charges and security deposit paid by Party B.
13.3.1 Fail to deliver the Shop in due time for over 30 days.
13.3.2 The Shop delivered is not in conformance to the contract agreement or materially affects the safety of Party B.
13.4 Unless otherwise agreed herein, provided Party B has any one of the following circumstances, Party A is entitled to rescind the contract unilaterally:
13.4.1 Any of the payables is in arrears for over 7 days.
13.4.2 Fails to use the Shop according to the agreed use, and fails to correct after receiving written notice from Party A for 2 times.
13.4.3 Utilizes the Shop to engage in illegal activity, or civil trespass, infringement of intellectual property rights, or damage of public interests.
13.4.4 Without the consent of Party A, arbitrarily not to open the door or turn on the lights for 6 hours accumulatively during normal business hours.
13.4.5 Without written consent of Party A, arbitrarily transfers the use of the shop to a third party or engages in such action in a disguised way;
13.4.6 Seriously violates the rules and regulations formulated by Party A pursuant to law or refuses to comply with the management of Party A;
13.4.7 Being exposed by any news media and thereby causes adverse effects.
13.4.8 Takes the lead in inciting other commercial tenants to gather a crowd to boycott the management of the Mall;
13.4.9 The behavior of Party B or its representative, employee etc. affects the reputation of Party A or the Mall, and fails to actively take measures to eliminate adverse effects effectively;
13.4.10 Early rescission of contract is needed due to the own reasons of Party B.
Rescission of contract. 1. If Party A commits any of the following acts, Party B shall have the right to terminate the contract in writing, and the notice of termination shall take effect upon arrival at Party A:
1.1 Party B does not comply with the mandatory provisions of laws and regulations on agent qualification when this Contract is signed, causing economic losses to Party B;
1.2 The party does not have or loses the ownership or use right during the term of this Contract, resulting in the third party claiming relevant rights to Party B;
1.3 Party B stops supplying products to Party B without reason and fails to correct within 30 days after Party B urges them;
2. If Party B commits any of the following acts, Party A shall have the right to terminate the Contract in writing to either party, and the notice of termination shall take effect upon arrival to Party B:
2.1 Cause a large number of complaints or exposed and criticized by major media due to management and service problems, which seriously damages the goodwill of Party A's business system;
2.2 Transfer this Contract in whole or in part without party A's prior written consent (Party B's development agent shall not be deemed to transfer this Contract in whole or in part);
2.3 Disclosing Party A's trade secrets to a third party;
2.4 Intentionally report wrong or misleading information to Party A;
2.5 Party B delays in paying any payment under this Contract and fails to correct for more than 30 days.
2.6 Party B distributes and represents the Doppler blood flow products of Party A's competitors.
Rescission of contract. If for any reason the conditions precedent set ------------------------ forth in article 5.2 and 5.3 have not all been fulfilled by any Party on or prior to the 90th day after the Business License has been issued, this Contract shall be deemed terminated and of no force and effect and the Company shall be dissolved. The Party that has suffered damages resulting for the breach of the contract can claim such damages against the other Party.
Rescission of contract. In any of the following circumstances, Party A shall have the right to rescind this Contract and recover the leased Property:
Rescission of contract. If for any reason the conditions precedent set ---------------------- forth in article S.2 and 5.4 have not all been fulfilled or waived in writing by Party B on or prior to the 180th day after the Business License has been issued, at Party B's option, this Contract shall be deemed terminated and of no force and effect, the Company shall be dissolved, and the Shareholders shall have no liability of any kind hereunder to each other.
Rescission of contract. 1. After the agreement between the two parties, the contract can be terminated.
2. During the validity period of the contract, if one of the following circumstances occurs, the contract is automatically cancelled.
(1) Force majeure occurs, making this contract impossible to perform
(2) The land use right within the occupied area of the property is recovered in advance
(3) The property was legally expropriated for social public interest
(4) The property was damaged or identified as a dangerous property
(5) Party B has privately remodeled the leased property without the written consent of Party A.
(6) Party B is not personally disguised without the written consent of Party A.
(7) Party B pledges the property to protect Party A’s rights and interests. If the contract is terminated due to the above (1-4 items), the rent shall be calculated according to the actual use time, and the calculation shall be based on the number of days in which the whole month is insufficient, and the partial refund shall be made to the part that is refunded or less; (7-7 items) Overpaid part of the rent, Party A does not return.
3. Party A and Party B agree that in any of the following circumstances, one party may notify the other party in writing to terminate the contract. The party that violates the contract shall pay the breach of contract to the other party at the same time as the other party’s monthly rent; if the liquidated damages are insufficient to compensate the party, the difference between the loss and the liquidated damage shall be compensated.
(1) Party A fails to deliver the property on time, and has not delivered it within 10 days after the urging by Party B;
(2) The property delivered by Party A does not comply with the provisions of this contract, resulting in the inability to achieve the purpose of the lease, or the property paid by Party A is defective, endangering the safety of Party B.
Rescission of contract. During the exploration phases, COMIBOL will be able to rescind the CONTRACT unilaterally, in the following cases:
Rescission of contract. 12.1. Irrespective of any other rights to terminate the Contract, SKIDATA and the Principal shall be entitled to rescind
12.2. In case of any material breach of contract by either party, the respective other party must request the defaulting party in writing to remedy the breach within a period of 30 (thirty) days, whereby the breach of contract must be specifi- cally described, and if the defaulting party fails to remedy such material breach within the time of 30 (thirty) days, the
12.3. In case of any material change of the distribution of ownership and/or of control of the Principal, SKIDATA shall be entitled to terminate this contract upon 3 (three) months’ notice, such termination to be declared within 3 months from the day it receives knowledge of such change. In any case, such material change shall be fulfilled if at least 50 percent of the ownership, of the shares or of the rights to vote are transferred to one or more new or existent owners, shareholders or beneficiaries. In any case, the whole or partial transmission of this contract to a third party requires SKIDATA’s consent.
12.4. In case the contract is rightfully terminated by SKIDATA, the Principal must compensate SKIDATA for any disad- vantages and for the loss of profit suffered. Subject to any other claims, SKIDATA may invoice deliveries and services already effected (partial performance) and which cannot be reversed.
