Common use of Breaching Liabilities Clause in Contracts

Breaching Liabilities. 8.1 It will constitute the breach of agreement if any party breaches the promise, guarantee, limitation or forbidden content of this agreement, and the breaching party shall pay the penalty to the opposing party based on the standard equivalent to 20% of total agreement price, and the opposing party is also entitled to claim the breaching party to keep implementing this agreement. 8.2 If the equity transfer agreed in this agreement can not be completed or the school can not keep running legally due to the cause of Party A, Party A shall pay the penalty based on the standard equivalent to 20% of total agreement price and return all the money paid by Party B; if the equity transfer agreed in this agreement can not be completed due to the cause of Party B, Party B shall pay the penalty to Party A based on the standard equivalent to 20% of total agreement price and return the handed-over properties and data. 8.3 It will constitute the breach of agreement if any party breaches the regulation of this agreement and defers implementing the obligations agreed in this agreement, the breaching party shall pay the penalty of RMB50000 to the opposing party, and the opposing party is also entitled to claim the breaching party to keep implementing this agreement; if the deferred implementation exceeds 1 month, the opposing party is entitled to cancel this agreement; if the company and school have the loss out of the normal management activity during the period, it shall be undertaken by Party A if it occurs before the handover work stated in article 3.3 is completed, or it shall be undertaken by Party B. 8.4 If the loss of innocent party resulted from the breaching behavior of breaching party is larger than the penalty, the breaching party shall pay the balance other than the penalty to the innocent party.

Breaching Liabilities. 8.1 It will constitute the breach of agreement if any party breaches the promise, guarantee, limitation or forbidden content of this agreement, and the breaching party shall pay the penalty to the opposing party based on the standard equivalent to 20% of total agreement priceprice (i.e. RMB4.2 million), and the opposing party is also entitled to claim the breaching party to keep implementing this agreement. 8.2 If the equity transfer agreed in this agreement can not be completed or the school 3 educational institutions can not keep running the school legally due to the cause of Party A, Party A shall pay the penalty based on the standard equivalent to 20% of total agreement price (i.e. RMB4.2 million) and return all the money paid by Party B; if the equity transfer agreed in this agreement can not be completed due to the cause of Party B, Party B shall pay the penalty to Party A based on the standard equivalent to 20% of total agreement price (i.e. RMB4.2 million) and return the handed-over properties and data. 8.3 It will constitute the breach of agreement if any party breaches the regulation of this agreement and defers implementing the obligations agreed in this agreement, the breaching party shall pay the penalty of RMB50000 RMB100000 to the opposing party, and the opposing party is also entitled to claim the breaching party to keep implementing this agreement; if the deferred implementation exceeds 1 month, the opposing party is entitled to cancel this agreement; if the company and school three educational institutions have the loss out of the normal management activity during the period, it shall be undertaken by Party A if it occurs before the handover work stated in article 3.3 is completed, or it shall be undertaken by Party B. 8.4 If the loss of innocent party resulted from the breaching behavior of breaching party is larger than the penalty, the breaching party shall pay the balance other than the penalty to the innocent party. 8.5 If Party B specifies the third party unilaterally as the actual assignee according to this agreement to implement all the rights and obligations of Party B in this agreement and the third party accepts the corresponding shares of the company actually, it shall not be regarded as the breaching behavior of Party B, and Party A shall cooperate in the implementation of relevant obligations.