Common use of Liability for Breach of Agreement Clause in Contracts

Liability for Breach of Agreement. Unless otherwise specified in this Agreement, the direct or indirect violation of any provision of this Agreement, or the failure to perform its obligations hereunder, or the failure to do so promptly or sufficiently by any Party shall constitute the breach of this Agreement. In such case, the Non-breaching Party is entitled to notify the Breaching Party to remedy its breach and to eliminate the consequences arising out of such breach by taking sufficient, effective and timely measures, and to claim its direct losses from such Breaching Party.

Appears in 3 contracts

Samples: Cooperation Agreement (Shanda Games LTD), Cooperation Agreement (Shanda Games LTD), Operating Cooperation Agreement (Shanda Games LTD)

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Liability for Breach of Agreement. Unless otherwise specified in 6.1 If one party to this Agreement, Agreement ("the direct or indirect Breaching Party") fails to implement its obligations under this Agreement (including violation of any provision the provisions involving representation and guarantee), and fails to adopt effective measures to correct such violation within [***] upon receipt of this Agreement, or a written notice by the failure to perform its obligations hereunder, or the failure to do so promptly or sufficiently by any Party shall constitute the breach of this Agreement. In such case, other party ("the Non-breaching Party is entitled to notify the Breaching Party to remedy its breach and to eliminate the consequences arising out of such breach by taking sufficient, effective and timely measures, and to claim its direct losses from such Breaching Party") for such correction within the stipulated time, the non-breaching party has the right to terminate this Agreement and claim compensation from the breaching party for the losses sustained therefrom.

Appears in 1 contract

Samples: Assets Transfer Agreement (Utstarcom Inc)

Liability for Breach of Agreement. Unless otherwise specified in If one party to this Agreement, Agreement ("the direct or indirect Breaching Party") fails to implement its obligations under this Agreement (including violation of any provision the provisions involving representation and guarantee), and fails to adopt effective measures to correct such violation within a reasonable time frame and upon receipt of this Agreement, or a written notice by the failure to perform its obligations hereunder, or the failure to do so promptly or sufficiently by any Party shall constitute the breach of this Agreement. In such case, other party ("the Non-breaching Party is entitled to notify the Breaching Party to remedy its breach and to eliminate the consequences arising out of such breach by taking sufficient, effective and timely measures, and to claim its direct losses from such Breaching Party") for such correction within the stipulated time, the non-breaching party has the right to terminate this Agreement and claim compensation from the breaching party for the losses sustained there from.

Appears in 1 contract

Samples: Assets Transfer Agreement (Anza Capital Inc)

Liability for Breach of Agreement. Unless otherwise specified The failure by a Party to comply with or perform any agreement, covenant or obligation to be complied with or performed by such Party in accordance with this Agreementagreement or its attachment, such failure is given to the defaulting party, in the case all parties breaching the agreement, according to the actual situation, the direct or indirect violation parties shall bear their responsibilities and indemnify for the damage (if any) respectively, which should include the cost of any provision of this Agreement, or the failure other party to perform its obligations hereunder, or achieve the failure to do so promptly or sufficiently by any Party shall constitute the breach of this Agreement. In such case, the Non-breaching Party is entitled to notify the Breaching Party to remedy its breach and to eliminate the consequences arising out of such breach by taking sufficient, effective and timely measures, and to claim its direct losses from such Breaching Partyright (including legal fees).

Appears in 1 contract

Samples: Agreement (China Power Technology, Inc.)

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Liability for Breach of Agreement. Unless otherwise specified in 5.1 If one party to this Agreement, Agreement ("the direct or indirect Breaching Party") fails to implement its obligations under this Agreement (including violation of any provision the provisions involving representation and guarantee), and fails to adopt effective measures to correct such violation within [***] upon receipt of this Agreement, or a written notice by the failure to perform its obligations hereunder, or the failure to do so promptly or sufficiently by any Party shall constitute the breach of this Agreement. In such case, other party ("the Non-breaching Party is entitled to notify the Breaching Party to remedy its breach and to eliminate the consequences arising out of such breach by taking sufficient, effective and timely measures, and to claim its direct losses from such Breaching Party") for such correction within the stipulated time, the non-breaching party has the right to terminate this Agreement and claim compensation from the breaching party for the losses sustained therefrom.

Appears in 1 contract

Samples: Technical Service Agreement (Utstarcom Inc)

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