Common use of LIABILITIES FOR BREACHING Clause in Contracts

LIABILITIES FOR BREACHING. 11.1 Both Parties agree and acknowledge that a substantial breach of any covenant or failure to substantially perform any obligation hereunder by any Party (the “Default Party”) shall constitute a breach of this Agreement (“Breach”), and the non-default Party (the “Non-default Party”) shall have the right to demand rectification or remedy by the Default Party within a reasonable period of time. If the Default Party fails to rectify the Breach or to take remedial measures within such reasonable period of time or ten (10) days following the Non-default Party’s written notice and demand for rectification thereof, then, in the case of any Breach by Party A, the Non-default Party may, at its own discretion, (i) terminate this Agreement and demand indemnification by the Default Party for all damages, or (ii) ask the Default Party to continue performing its obligations hereunder and indemnify the Non-default Party for all its damages; or, in the case of any Breach by Party B, the Non-default Party may ask the Default Party to continue performing its obligations hereunder and indemnify the Non-default Party for all its damages.

Appears in 5 contracts

Samples: Consulting and Service Agreement (Phoenix New Media LTD), Exclusive Technical Consulting and Service Agreement (Phoenix New Media LTD), Exclusive Technical Consulting and Service Agreement (Phoenix New Media LTD)

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LIABILITIES FOR BREACHING. 11.1 Both 8.1 All Parties agree and acknowledge that a substantial breach of any covenant or failure to substantially perform any obligation hereunder by any Party (the “Default Party”) shall constitute a breach of this Agreement (“Breach”), and the non-default Party or Parties (the “Non-default Party”) shall have the right to demand rectification or remedy by the Default Party within a reasonable period of time. If the Default Party fails to rectify the Breach or to take remedial measures within such reasonable period of time or ten (10) days following the Non-default Party’s written notice and demand for rectification thereof, then, in the case of any Breach by Party AShareholders or Yifeng Lianhe, the Non-default Party may, at its own discretion, (i) terminate this Agreement and demand indemnification by the Default Party for all damages, or (ii) ask require the Default Party to continue performing its obligations hereunder and indemnify the Non-default Party for all its damages; or, or in the case of any Breach by Party BFenghuang On-line, the Non-default Party may ask require the Default Party to continue performing its obligations hereunder and indemnify the Non-default Party for all its damages.

Appears in 1 contract

Samples: Voting Right Entrustment Agreement (Phoenix New Media LTD)

LIABILITIES FOR BREACHING. 11.1 Both Parties agree and acknowledge that a substantial breach of any covenant or failure to substantially perform any obligation hereunder by any Party (the “Default Party”) shall constitute a breach an event of this Agreement default hereunder (the BreachEvent of Default”), and the non-default Party (the “Non-default Party”) shall have the right to demand rectification or remedy by the Default Party within a reasonable period of time. If the Default Party fails to rectify the Breach Event of Default or to take remedial measures within such reasonable period of time or ten (10) days following the Non-default Party’s written notice and demand for rectification thereof, then, in the case of any Breach Event of Default by Party AExisting Shareholders or Yifeng Lianhe, the Non-default Party may, at its own discretion, (i) terminate this Agreement and demand indemnification by the Default Party for all damages, or (ii) ask require the Default Party to continue performing its obligations hereunder and indemnify the Non-default Party for all its damages; or, in the case of any Breach Event of Default by Party BFenghuang On-line, the Non-default Party may ask require the Default Party to continue performing its obligations hereunder and indemnify the Non-default Party for all its damages.

Appears in 1 contract

Samples: Exclusive Equity Option Agreement (Phoenix New Media LTD)

LIABILITIES FOR BREACHING. 11.1 Both 8.1 All Parties agree and acknowledge that a substantial breach of any covenant or failure to substantially perform any obligation hereunder by any Party (the “Default Party”) shall constitute a breach of this Agreement (“Breach”), and the non-default Party or Parties (the “Non-default Party”) shall have the right to demand rectification or remedy by the Default Party within a reasonable period of time. If the Default Party fails to rectify the Breach or to take remedial measures within such reasonable period of time or ten (10) days following the Non-default Party’s written notice and demand for rectification thereof, then, in the case of any Breach by Party AShareholders or the Domestic Company, the Non-default Party may, at its own discretion, (i) terminate this Agreement and demand indemnification by the Default Party for all damages, or (ii) ask require the Default Party to continue performing its obligations hereunder and indemnify the Non-default Party for all its damages; or, or in the case of any Breach by Party BWFOE, the Non-default Party may ask require the Default Party to continue performing its obligations hereunder and indemnify the Non-default Party for all its damages.

Appears in 1 contract

Samples: Voting Right Entrustment Agreement (Phoenix New Media LTD)

LIABILITIES FOR BREACHING. 11.1 Both Parties agree and acknowledge that a substantial breach of any covenant or failure to substantially perform any obligation hereunder by any Party (the “Default Party”) shall constitute a breach an event of this Agreement default hereunder (the BreachEvent of Default”), and the non-default Party (the “Non-default Party”) shall have the right to demand rectification or remedy by the Default Party within a reasonable period of time. If the Default Party fails to rectify the Breach Event of Default or to take remedial measures within such reasonable period of time or ten (10) days following the Non-default Party’s written notice and demand for rectification thereof, then, in the case of any Breach Event of Default by Party AExisting Shareholders or Chenhuan, the Non-default Party may, at its own discretion, (i) terminate this Agreement and demand indemnification by the Default Party for all damages, or (ii) ask require the Default Party to continue performing its obligations hereunder and indemnify the Non-default Party for all its damages; or, in the case of any Breach Event of Default by Party BQie Yi You, the Non-default Party may ask require the Default Party to continue performing its obligations hereunder and indemnify the Non-default Party for all its damages.

Appears in 1 contract

Samples: Exclusive Equity Option Agreement (Phoenix New Media LTD)

LIABILITIES FOR BREACHING. 11.1 Both 8.1 All Parties agree and acknowledge that a substantial breach of any covenant or failure to substantially perform any obligation hereunder by any Party (the “Default Party”) shall constitute a breach of this Agreement (“Breach”), and the non-default Party or Parties (the “Non-default Party”) shall have the right to demand rectification or remedy by the Default Party within a reasonable period of time. If the Default Party fails to rectify the Breach or to take remedial measures within such reasonable period of time or ten (10) days following the Non-default Party’s written notice and demand for rectification thereof, then, in the case of any Breach by Party AShareholders or Fenghuang Rxxxxx, the Non-default Party may, at its own discretion, (i) terminate this Agreement and demand indemnification by the Default Party for all damages, or (ii) ask require the Default Party to continue performing its obligations hereunder and indemnify the Non-default Party for all its damages; or, or in the case of any Breach by Party BFenghuang On-line, the Non-Non- default Party may ask require the Default Party to continue performing its obligations hereunder and indemnify the Non-default Party for all its damages.

Appears in 1 contract

Samples: Voting Right Entrustment Agreement (Phoenix New Media LTD)

LIABILITIES FOR BREACHING. 11.1 Both Parties agree and acknowledge that a substantial breach of any covenant or failure to substantially perform any obligation hereunder by any Party (the “Default Party”) shall constitute a breach an event of this Agreement default hereunder (the BreachEvent of Default”), and the non-default Party (the “Non-default Party”) shall have the right to demand rectification or remedy by the Default Party within a reasonable period of time. If the Default Party fails to rectify the Breach Event of Default or to take remedial measures within such reasonable period of time or ten (10) days following the Non-default Party’s written notice and demand for rectification thereof, then, in the case of any Breach Event of Default by Party AExisting Shareholders or Fenghuang Rxxxxx, the Non-default Party may, at its own discretion, (i) terminate this Agreement and demand indemnification by the Default Party for all damages, or (ii) ask require the Default Party to continue performing its obligations hereunder and indemnify the Non-default Party for all its damages; or, in the case of any Breach Event of Default by Party BFenghuang On-line, the Non-default Party may ask require the Default Party to continue performing its obligations hereunder and indemnify the Non-default Party for all its damages.

Appears in 1 contract

Samples: Exclusive Equity Option Agreement (Phoenix New Media LTD)

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LIABILITIES FOR BREACHING. 11.1 12.1 Both Parties agree and acknowledge that a substantial breach of any covenant or failure to substantially perform any obligation hereunder by any Party (the “Default Party”) shall constitute a breach an event of this Agreement default hereunder (the BreachEvent of Default”), and the non-default Party (the “Non-default Party”) shall have the right to demand rectification or remedy by the Default Party within a reasonable period of time. If the Default Party fails to rectify the Breach Event of Default or to take remedial measures within such reasonable period of time or ten (10) days following the Non-default Party’s written notice and demand for rectification thereof, then, in the case of any Breach Event of Default by Party AExisting Shareholders or the Domestic Company, the Non-default Party may, at its own discretion, (i) terminate this Agreement and demand indemnification by the Default Party for all damages, or (ii) ask require the Default Party to continue performing its obligations hereunder and indemnify the Non-default Party for all its damages; or, in the case of any Breach Event of Default by Party BWFOE, the Non-default Party may ask require the Default Party to continue performing its obligations hereunder and indemnify the Non-default Party for all its damages.

Appears in 1 contract

Samples: Exclusive Equity Option Agreement (Phoenix New Media LTD)

LIABILITIES FOR BREACHING. 11.1 Both 8.1 All Parties agree and acknowledge that a substantial breach of any covenant or failure to substantially perform any obligation hereunder by any Party (the “Default Party”) shall constitute a breach of this Agreement (“Breach”), and the non-default Party or Parties (the “Non-default Party”) shall have the right to demand rectification or remedy by the Default Party within a reasonable period of time. If the Default Party fails to rectify the Breach or to take remedial measures within such reasonable period of time or ten (10) days following the Non-default Party’s written notice and demand for rectification thereof, then, in the case of any Breach by Party AShareholders or Tianying Jiuzhou, the Non-default Party may, at its own discretion, (i) terminate this Agreement and demand indemnification by the Default Party for all damages, or (ii) ask require the Default Party to continue performing its obligations hereunder and indemnify the Non-default Party for all its damages; or, or in the case of any Breach by Party BFenghuang On-line, the Non-default Party may ask require the Default Party to continue performing its obligations hereunder and indemnify the Non-default Party for all its damages.

Appears in 1 contract

Samples: Voting Right Entrustment Agreement (Phoenix New Media LTD)

LIABILITIES FOR BREACHING. 11.1 Both 8.1 All Parties agree and acknowledge that a substantial breach of any covenant or failure to substantially perform any obligation hereunder by any Party (the “Default Party”) shall constitute a breach of this Agreement (“Breach”), and the non-default Party or Parties (the “Non-default Party”) shall have the right to demand rectification or remedy by the Default Party within a reasonable period of time. If the Default Party fails to rectify the Breach or to take remedial measures within such reasonable period of time or ten (10) days following the Non-default Party’s written notice and demand for rectification thereof, then, in the case of any Breach by Party AShareholders or Chenhuan, the Non-default Party may, at its own discretion, (i) terminate this Agreement and demand indemnification by the Default Party for all damages, or (ii) ask require the Default Party to continue performing its obligations hereunder and indemnify the Non-default Party for all its damages; or, or in the case of any Breach by Party BQie Yi You, the Non-default Party may ask require the Default Party to continue performing its obligations hereunder and indemnify the Non-default Party for all its damages.

Appears in 1 contract

Samples: Voting Right Entrustment Agreement (Phoenix New Media LTD)

LIABILITIES FOR BREACHING. 11.1 Both Parties agree and acknowledge that a substantial breach of any covenant or failure to substantially perform any obligation hereunder by any Party (the “Default Party”) shall constitute a breach an event of this Agreement default hereunder (the BreachEvent of Default”), and the non-default Party (the “Non-default Party”) shall have the right to demand rectification or remedy by the Default Party within a reasonable period of time. If the Default Party fails to rectify the Breach Event of Default or to take remedial measures within such reasonable period of time or ten (10) days following the Non-default Party’s written notice and demand for rectification thereof, then, in the case of any Breach Event of Default by Party AExisting Shareholders or Tianying Jiuzhou, the Non-default Party may, at its own discretion, (i) terminate this Agreement and demand indemnification by the Default Party for all damages, or (ii) ask require the Default Party to continue performing its obligations hereunder and indemnify the Non-default Party for all its damages; or, in the case of any Breach Event of Default by Party BFenghuang On-line, the Non-default Party may ask require the Default Party to continue performing its obligations hereunder and indemnify the Non-default Party for all its damages.

Appears in 1 contract

Samples: Equity Option Agreement (Phoenix New Media LTD)

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