Termination of Agreement and Liability for Breach. 17.1 Upon execution of this Agreement, neither party shall breach this Agreement for any reason. In the event of any such breach, the non-breaching party shall have the right to request the breaching party to pay liquidated damages and indemnity until this Agreement is terminated. 17.2 In the event of any breach by Party B of any provision of this Agreement or any Management Rule, Party A may give Remedy Notice to Party B, and shall have the right to impose the relevant punishment on Party B pursuant to the Management Rules; and if Party B refuses to cure such breach or to accept such punishment, Party A shall have the right to terminate this Agreement in its sole discretion, provided that the punishment on Party B shall not be released as a result of such termination. 17.3 The number of newly-enrolled S1 students for each year (12 months) from the effective date of this Agreement shall not be less than 300, and in case it is lower than 300, Party A shall have the right to terminate this Agreement in its sole discretion. 17.4 This Agreement may be unconditionally terminated upon mutual agreement by the parties. 17.5 Upon occurrence of any of the following, Party A shall have the right to terminate this Agreement immediately in its sole discretion. This Agreement shall terminate automatically from the date on which Party A has given a formal termination notice, and Party A shall have the right to request Party B to pay liquidated damages and indemnity in an amount no less than Renminbi Five Hundred Thousand Yuan: 17.5.1 any breach by Party B, any Related Person or Training Center of the non-competition provision; 17.5.2 any transfer of the rights or obligations hereunder by Party B to any other party without authorization, or any assignment, or authorization for use, of the franchise hereunder by Party B to any third party without the written consent of Party A; 17.5.3 any reproduction, or obtaining through any third party other than Party A, of Party A’s designated textbooks or training materials, by Party B, any Related Person or Training Center. 17.6 Party B shall bear the indemnification liability for any infringement or other economic losses suffered by any third party arising from Party B’s faults. In the event of any advance payment by Party A on behalf of Party B in any special or emergent case, Party A, after such payment, shall have the right to recover such payment from Party B.
Appears in 2 contracts
Samples: Franchise Contract (BJB Career Education Company, LTD), Franchise Contract (BJB Career Education Company, LTD)
Termination of Agreement and Liability for Breach. 17.1 Upon execution of this Agreement, neither party shall breach this Agreement for any reason. In the event of any such breach, the non-breaching party shall have the right to request the breaching party to pay liquidated damages and indemnity until this Agreement is terminated.
17.2 In the event of any breach by Party B of any provision of this Agreement or any Management Rule, Party A may give Remedy Notice to Party B, and shall have the right to impose the relevant punishment on Party B pursuant to the Management Rules; and if Party B refuses to cure such breach or to accept such punishment, Party A shall have the right to terminate this Agreement in its sole discretion, provided that the punishment on Party B shall not be released as a result of such termination.
17.3 The number of newly-enrolled S1 students for each year (12 months) from the effective date of this Agreement shall not be less than 300200, and in case it is lower than 300200, Party A shall have the right to terminate this Agreement in its sole discretion.
17.4 This Agreement may be unconditionally terminated upon mutual agreement by the parties.
17.5 Upon occurrence of any of the following, Party A shall have the right to terminate this Agreement immediately in its sole discretion. This Agreement shall terminate automatically from the date on which Party A has given a formal termination notice, and Party A shall have the right to request Party B to pay liquidated damages and indemnity in an amount no less than Renminbi Five Hundred Thousand Yuan:
17.5.1 any breach by Party B, any Related Person or Training Center of the non-competition provision;
17.5.2 any transfer of the rights or obligations hereunder by Party B to any other party without authorization, or any assignment, or authorization for use, of the franchise hereunder by Party B to any third party without the written consent of Party A;
17.5.3 any reproduction, or obtaining through any third party other than Party A, of Party A’s designated textbooks or training materials, by Party B, any Related Person or Training Center.
17.6 Party B shall bear the indemnification liability for any infringement or other economic losses suffered by any third party arising from Party B’s faults. In the event of any advance payment by Party A on behalf of Party B in any special or emergent case, Party A, after such payment, shall have the right to recover such payment from Party B.
Appears in 2 contracts
Samples: Franchise Agreement, Franchise Contract (BJB Career Education Company, LTD)