Responsibility for Breach of Contract. 7.1 Where the Seller fails to perform or unsatisfactorily performs its obligations hereunder, the Buyer shall be entitled to request the Seller to bear the responsibility for breach of contract by continuing to perform this Agreement, compensating the Seller for all losses or paying the liquidated damage.
7.1.1 If the Seller delays the delivery against the Agreement, the Buyer shall be entitled to claim a liquidated damage from the Seller at 1‰ of the contract price for each day of delay.
7.1.2 If the Seller fails to perform its obligation of repair and replace in accordance with Article 6.6.1 and Article
Responsibility for Breach of Contract. 15.1 After the entry into force of this contract, both parties shall fulfill their obligations under this contract, any failure or incomplete performance of the obligations stipulated in this contract, or breach of the declarations, guarantees and commitments made by either party under this contract, constitutes a breach of contract and shall be liable for breach of contract.
15.2 For the reasons of Party A or the guarantor under this contract, Party A fails to complete the corresponding guaranty procedures in accordance with the contract, or Party A fails to go to Party B for withdrawal formalities in accordance with the time stipulated in this contract, and the loan issuance time exceeds 30 days (including statutory holidays and rest days), Party B shall have the right to cancel the contract and recover the payment in advance.
15.3 If Party A fails to repay the principal of the loan due (including early maturity) within the repayment period stipulated in this contract, it shall, from the date of expiration, charge a penalty interest rate of 50% at the interest rate stipulated in this contract, and collect the overdue interest; If Party A fails to pay the interest within the term of the loan, it shall collect and recover the interest according to the loan interest rate stipulated in this contract; interest that has not been paid after the expiration of the loan shall be recovered at the penalty interest rate stipulated in this paragraph.
15.4 If Party A fails to use the loan for the purpose specified in this contract, the principal and interest of the loan shall be increased by 50% as the penalty interest rate from the date of breach of contract, and the penalty interest and compound interest shall be calculated and collected.
15.5 If the loan under this contract is overdue or used for the purpose specified in the contract, the overdue interest, penalty interest and compound interest shall be charged monthly.
15.6 If Party A breaches the contract and causes Party B to realize its creditor’s rights through litigation, Party A shall bear the appraisal fee, appraisal fee, auction fee, litigation fee, arbitration fee, notarization fee, lawyer’s fee and other reasonable expenses for Party B to realize its creditor’s rights.
Responsibility for Breach of Contract. 1. If Party A breaches the contract, it shall compensate Party B for the actual losses caused by such breach.
2. If Party B breaches the contract, it shall compensate Party A for the actual losses caused by such breach.
Responsibility for Breach of Contract. 1. If Party B fails to deliver the products on schedule, it shall bear the following default liabilities for late delivery unless such delay is caused by force majeure:
1.1 Party B shall pay Party A 0.01% of the value of delayed products for each day of delay, capped at the full value of products. The payment of liquidated damage by Party B shall not relieve it of delivery obligation and the time of delivery shall be otherwise determined by both parties.
1.2 Party A shall be entitled to terminate the Agreement unilaterally if such delay exceeds 90 calendar days. In addition to paying the liquidated damage to Party A, Party B shall also compensate Party A for any direct loss caused thereby.
1.3 In case of partial delivery where Party B delays any part of delivery that leads to the unilateral termination of this Agreement by Party A, Party A shall be entitled to return the products already received by it to Party B, in which case Party B shall return the payment of those products, bear the cost arising from product return, and compensate Party A for any direct loss caused thereby.
2. If the products delivered by Party B are under-supplied according to the Agreement, Party B shall make up for the shortfall within the period requested by Party A, otherwise it shall bear the responsibility for breach of contract for late delivery according to the first clause of this article.
3. If the products delivered by Party B fail to meet the quality requirements of this Agreement, it shall bear the following default liabilities for quality:
3.1 If any noncompliance with quality requirements specified herein is found during on-site unpacking and inspection or installation and commissioning, Party A shall be entitled to reject products, refuse to make payment and request Party B to repair or replace products immediately.
3.2 During the warranty period, Party B shall, at its own cost, repair or replace any product with quality defect caused by Party B within the time period given by Party A.
Responsibility for Breach of Contract. Article 45 Both parties must strictly perform the employment contract, unless some relevant contents can’t be performed after both parties’ negotiation, any of the parties violating the contract shall compensate economic losses hereof depending on the degree and responsibilities, compensation amounts shall be determined in accordance with regulations and practical conditions.
Responsibility for Breach of Contract. (1) If Party A does not make the full payment of service fees in accordance with the time and the amount of money stipulated in this Agreement, 3‰ of the account payable shall be paid by Party A to Party B as the liquidated damages for each day of delay. The reception of any part of the above mentioned accounts by Party B does not indicate that Party B gives up the right to collect outstanding amounts and liquidated damages.
(2) Where Party A is not justified for the failure to pay the service fees to Party B 60 days overdue, Party B has the right to separately rescind this Agreement and require Party A to pay all the service fees, working costs not reimbursed and liquidated damages for deferred payment.
(3) If Party A terminates this Agreement without reason, Party B shall have the right to require Party A to pay all the overdue service fees, working costs not reimbursed and liquidated damages for deferred payment.
(4) Party A shall not require Party B to refund with the following unjustified reasons:
a. Party A unilaterally hires other companies to provide the same service;
b. After signing this Agreement, Party A requires Party B to refund on the ground that the service fees charged by Party B are too high;
c. After signing this Agreement, Party A requires Party B to refund on the ground of little service demand; and
d. Not for the reason of violation of the obligations under this Agreement by Party B or the staff members thereof, Party A intends to terminate this Contract without reason. Where Party A defaults on the service fees with the above-mentioned reasons, Party B shall have the right to require Party A to pay all the overdue service fees, working costs not reimbursed and liquidated damages for deferred payment.
Responsibility for Breach of Contract. 1. If Party A does not deliver the house to Party B as scheduled, for one overdue day, Party A shall pay 0.5% of monthly rent to Party B as the overdue liquidated damages, if delay two weeks, Party B has right to terminate the contract, Party A shall refund the exxxxxx money to Party B, but it is the limitation for Party A to assume the liability for breach of contract.
2. During the validity period of lease contract, Party B shall not unilaterally propose the termination of contract, otherwise, it can be handled as the breach of contract of Party B, Party A has right to confiscate the exxxxxx money as the liquidated damages of lease contract terminated in advance.
3. If Party A’s legal interest is violated due to the intention or negligence of Party B including its user, employee, entrusted decoration company, Party B shall undertake corresponding legal liability.
4. In any of the following cases, Party A can terminate the contract after sending the notice of the termination: ➀ Party B does not pay rent, management fee, all expenses payable, overdue liquidated damages as scheduled, and overdue payment for two weeks, or without paying the payables for three times accumulated, or the bxxx paid by Party B is refunded or refused. ➁ Party B violates the contract or the attachment of the contract. ➂ Party B engages in illegal activities or activities which are not comply with the purpose of leasing. ➃ Party B is subjected to the treatment of seal up and stopping business for rectification from judiciary authorities or administration office.
5. If Party B has the situation of breach of contract of the above clauses 2, 3, 4, in addition to having the right to timely stop supplying power, air conditioner and other services, and take back the house, Party A also can take any of the following measures or all measures:
Responsibility for Breach of Contract. I. If Party B makes false statements and declarations in violation of the stipulation of “Statement and Guarantee” in Article I of this counter-guarantee agreement, or Party B has other faults, which lead to the invalidity of this agreement or other consequences, and cause losses to Party A, Party B shall be liable for all compensation, Party B shall compensate Party A for all the principal, interest, compound interest, penalty, liquidated damages, compensation and the cost of realizing the creditor’s rights guaranteed by Party A under the financing business agreement, and all the premiums, overdue premiums, liquidated damages and all other expenses payable under the guarantee agreement.
II. Any of the following circumstances shall constitute Party B’s breach hereof:
(1) Party B violates the statements and commitments made in this agreement;
(2) Party B fails to perform its obligations as stipulated in this agreement;
(3) The mortgage is invalid due to the reasons of Party B;
(4) Party B in any way (act or omission) prevents Party A from disposing of the mortgage in accordance with the relevant provisions of this agreement.
III. In the event of such breach of contract, Party A shall have the right to take one or more of the following measures:
(1) Party B is required to restore the total value of the mortgage or provide other guarantees;
(2) Requires Party B to compensate Party A for all direct or indirect losses incurred as a result of Party B’s breach of contract;
IV. During the validity of this agreement, both parties shall fully perform the obligations agreed herein. If either party fails to perform or fails fully performs its obligations, it shall pay liquidated damages to the non-breaching party at the rate of 10% of the total amount of all debts paid by party a to the Creditor on behalf of Party B and all expenses incurred in the realization of the creditors’ right, and compensate the other party for the losses caused thereby. The amount of liquidated damages stipulated in other clauses of this agreement shall be paid in accordance with the amount stipulated in this clause.
Responsibility for Breach of Contract. 8.1 Both parties shall perform the obligations agreed in this Contract from the date of effectiveness. Any party fails to perform or partly perform the obligations, shall bear the breaching responsibilities.
8.2 Where Party A fails to handle and withdraw loan in accordance with Article 3.3 in this Contract, Party B has right to collect delayed liquidated damages by the rate in this Contract by day.
8.3 Where Party B fails to provide loan in accordance with Article 3.3 in this Contract, then it shall pay delayed liquidated damages by the rate in this Contract by day.
Responsibility for Breach of Contract. 14.1. After the agreement is signed, all parties shall strictly comply with it. Without consultation and agreement with the other party, no party shall change or terminate the agreement without authorization. If either party’s actions result in the inability to achieve the purpose of this agreement, such as one party unilaterally terminating the agreement, one party committing a serious breach, or one party violating relevant laws and regulations, which causes the agreement to be unable to continue to be performed, it shall be deemed as a unilateral breach. The default party shall pay the observant party a liquidated damage of 20% of the amount already sold under this agreement (including orders placed with Party A’s affiliates). If the liquidated damage is not sufficient to compensate for the losses caused by the default party’s actions, the observant party has the right of recourse, except as provided by law or as stipulated in this agreement for unilateral termination.
14.2. If Party B fails to make the payment in time, Party B shall pay liquidated damage to Party A at the rate of one thousandth of the overdue amount for each day of the overdue period. If the overdue period exceeds fifteen (15) days, Party A has the right to unilaterally terminate this agreement. Party B shall pay Party A a liquidated damage of 20% of the amount already sold under this agreement (including orders placed with Party A’s affiliates) and bear the losses caused to Party A as a result.
14.3. Party B shall pay Party A a liquidated damage of 20% of the total sales amount (including orders placed with Party A’s affiliates) under this agreement and bear any losses caused to Party A if Party B fails to achieve the quarterly sales target specified in Article 3.4 of this agreement for any quarter in any given distribution year. Party A shall have the right to terminate this agreement. Party A reserves the right to make the final decision on the exercise of this clause.
