Common use of Breaching Liabilities Clause in Contracts

Breaching Liabilities. 8.1. If either Party breaches the provisions of this Agreement, the breaching party shall compensate the non-breaching party for the losses suffered by the non-breaching party. 8.2. Any waiver by the non-breaching party of the breaches by the breaching party shall only be effective if made in writing. Failure or delay to exercise any rights or remedies under this Agreement by the non-breaching party shall not constitute a waiver thereof by such non-breaching party; and partial exercise of any rights or remedies shall not prevent the non-breaching party from exercising other rights and remedies. 8.3. The effectiveness of this Clause shall survive the termination or rescission of this Agreement.

Appears in 2 contracts

Sources: Supplemental Payment Agreement (China Mobile Games & Entertainment Group LTD), Exclusive Business Support Agreement (China Mobile Games & Entertainment Group LTD)