Common use of Rescission of contract Clause in Contracts

Rescission of contract. 13.1 By consensus between both parties, this Contract can be rescinded. 13.2 Where this Contract cannot be performed due to force majeure events (earthquake, fire, flood, government resettlement etc.), this Contract will be rescinded automatically and both parties will not bear the liability for breach of contract; the user fee for commercial space prepaid by Party B to Party A will be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Rescission of contract. 13.1 By consensus between both parties, this Contract can be rescinded. 13.2 Where this Contract cannot be performed due to force majeure events (earthquake, fire, flood, government resettlement etc.), this Contract will be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 9.1 During term 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 if Party B has any one of the following circumstancesbreaching acts, Party B has the right to notify Party B the termination of this Contract unilaterally (the date for termination of contract specified in notice on termination of contract received by Party B from Party A shall be the date of early termination of this Contact), take back the premises and take necessary measures. Decoration and finishing losses caused to Party B thereof shall be assumed by Party B voluntarily. Besides, Party A is entitled shall pay one month’s rent of current year 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 Party A as liquidated damages according to the agreed useprovisions of this Contract. 9.1.1 Change application of the premises specified in this Contract without permission or conduct illegal activities with this premises. 9.1.2 Dismantle building structure without written approval of Party A, or damage the premises, and fails to correct after receiving and repair within stipulated time upon the written notice from of Party A A. 9.1.3 Transfer the premises to other person for 2 timesthe purpose of using and operating without written approval of Party A. 9.1.4 Delay to pay rent for over 15 days accumulatively without written approval of Party A. 9.1.5 Without business certificate, or not meet requirements on fire prevention, environmental protection, public security and disease prevention etc. 13.4.3 Utilizes 9.1.6 Severely violate Property Management Service Agreement and relevant rules for the Shop to engage in illegal activity, or civil trespass, infringement of intellectual property rights, or damage of public interestsimplementation. 13.4.4 Without the consent 9.1.7 Delay to pay water and electricity for over one month. 9.1.8 Influence normal operational order of Party A, arbitrarily not to open the door or turn on the lights for 6 hours accumulatively during normal business hours’s park area. 13.4.5 Without written consent 9.2 During term of lease, if Party B has any of the above acts, it shall agree unconditionally Party A to take the following measures: 9.2.1 Party A will immediately send early termination of contract to Party B, and at the same time take compulsory measures including turning off power supply and cutting off water supply for area leased by Party B; losses caused to Party B on aspect of operation thereof shall be assumed voluntarily. 9.2.2 Party B shall move extra articles put in the leased area within ten days after Party A sends out termination of contract and return the leased premises to Party A, arbitrarily transfers ; both parties shall terminate lease contract in advance. 9.2.3 If Party B fails to complete formalities for hand-over of premises in the use following day of the shop ten days after Party B notifies the early termination of contract and there are still articles in the premises, Party A will dispose the articles left in the premises as ownerless articles, including but not limited to a third party discarding, selling off, using or engages removing etc, Party B has no right to claim and Party A will not compensate in such action in a disguised way;any form. 13.4.6 Seriously violates 9.2.4 Party A shall deduct the rules and regulations formulated performance bond paid 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 effectsB as liquidated damages. 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 9.2.5 Party A or reserves the Mall, and fails to actively take measures to eliminate adverse effects effectively; 13.4.10 Early rescission right of contract is needed due to recourse for the own reasons violation of this Contract of Party B. 9.3 In the process of using the premises, if Party B is unable to produce or operate and needs to terminate this Contract in advance due to policy reason such as municipal planning and removal & relocation or force majeure such as natural disaster etc, both parties shall not hold liable to each other. If policy on removal & relocation contains compensation related to decoration or equipment removal etc, such compensation shall be assigned to the parties involved according to national provisions and this Contract shall terminate naturally.