Liability of Breach of Contract Sample Clauses
Liability of Breach of Contract. 9.1 In the event that Party A assigns the use right of the System provided hereunder to a third party without consent of Party B, Party B is entitled to request Party A to stop infringing acts and indemnify Party B and hold Party B harmless. Party A shall compensate twice of its profit generated from such infringement to Party B. Party B reserves its right to take any legal actions.
9.2 In the event that Party B breaches this agreement and causes losses and damages to Party A’s teaching operation, Party B shall compensate Party A twice of its losses.
9.3 In the event that Party A fails to pay the fees provided under this agreement to Party B in time, it shall pay to Party B liquidated damages equal to 0.05% of the overdue payment per day. Party B has right to terminate this agreement after the payment is overdue for over 30 days.
Liability of Breach of Contract. 8.1 Unless otherwise agreed in this Agreement or other written consents by Parties, neither party can modify or terminate this Agreement during the term without the written consent from the other party. If any party breaches this Agreement, it shall pay for all the losses suffered by the other party as a result of its breach.
Liability of Breach of Contract. 9.1 In the event that Party B assigns the right of using the registration system under this Agreement to a third party without consent of Party A, Party A has the right to request Party B to stop this infringement and eliminate any impacts. Party B shall compensate Party A in the amount equal to twice of the profit of Party B gained as a result of the infringement and Party A reserves its right to xxx Party B.
9.2 In the event that Party A breaches above provisions and causes losses and damages to Party B’s teaching business, Party A shall compensate Party B in the amount equal to twice of the loss sustained by Party B.
9.3 In the event that Party B fails to pay to Party A the usage fees for the registration system under this Agreement, it shall pay 0.05% of the overdue payment amount to Party A for each day overdue. In the event that the number of days overdue exceeds 30 days, Party A has the right to terminate this Agreement.
Liability of Breach of Contract. If there is a breach of the terms of the agreement, the Lender has the right, among other actions, to: 1) accelerate the loan (including all fees, costs and interest); 2) unilaterally terminate the agreement; and 3) deduct from the Borrower’s bank accounts opened at the Lender without judicial process, to pay principal, interest and other expenses due pursuant to the agreement.
Liability of Breach of Contract. 7.1 If a Party fails to perform any of its obligations hereunder, such Party (the “Defaulting Party”) shall be deemed as breach of contract. The Defaulting Party shall rectify such breach within ten (10) Business Days upon receipt of notice stating the details on breach of contract from the other Party (the “Non-defaulting Party”) or other longer period of time otherwise agreed by the Non-defaulting Party. If the Defaulting Party fails to rectify such breach with such prescribed period of time, the Defaulting Party shall indemnify the Non-defaulting Party from any actual losses incurred by the Non-defaulting Party, without limiting the Non-defaulting Party’s rights to obtain other remedies hereunder.
7.2 If Tencent breaches any provision by cancelling the Weixin Pay Entry Point, XX.xxx Channels or its portals, or Tencent News APP Channel portal opened by LJ China, Tencent shall be liable for breach of contract to LJ Entities.
7.3 The Parties hereto acknowledge and agree that such Party signs this Agreement on behalf of itself or its respective Affiliates and is obliged to cause and procure its respective Affiliates to conform with and perform this Agreement.
Liability of Breach of Contract. 5.1 In the event that the Licensee fails to pay the License Fee on time under this Agreement, the Licensee shall pay 0.05% of the overdue payment amount to the Licensor for each day overdue. In the event that the overdue days exceed 30 days, the Licensor has right to terminate this Agreement.
5.2 In the event that the Licensee fails to use the Licensed Trademarks in the area or by the means set forth in this Agreement, the Licensee shall compensate the Licensor in the amount equal to twice of the profit gained by the Licensee as a result of this infringement.
Liability of Breach of Contract. If Party A fails to repay the loan at the stipulated time, Party B shall charge 0.5% interest based on the remaining balance.
Liability of Breach of Contract. (1) Breach by the borrower and its liability of breach: 1. Failing to repay the principal within the specified term (including the extended term); from the date it becomes overdue, additional 50% of penalty interest rate will be charged as agreed in the contract; 2. Failing to repay interest of the loan and compound interest will be charged at the penalty rate; 3. Failing to use the loan for the purposes agreed under the contract; if the loan becomes misappropriated, an additional 100% of penalty rate will be charged for the period the loan is misappropriated; 4. if the borrower intends to pay back the loan early, the lender’s approval is required; the lender has the right on the loan paid back early at the term and interest rate agreed in the contract; however if the lender’s approval has been obtained, the interest may be calculated and charged according to the interest rate and the actual number of days agreed herein.
(2) Breach by the lender and its liability of breach: if the lender fails to provide the loan as agreed, it shall be liable to pay a penalty to the borrower according to the breaching amount, overdue interest rate, and the number of days of the breach.
Liability of Breach of Contract. Once this Agreement comes into effect, the Parties shall perform this Agreement accordingly; should either Party fail to properly or entirely perform this Agreement, it shall undertake the liabilities to any losses arising thereof.
Liability of Breach of Contract. 11.1 The parties shall exercise their rights properly, fulfill their obligations, and ensure the smooth implementation of the Agreement. If either party fails to fully and timely perform its obligations, or violates the guarantees or commitments under the Agreement, it shall be deemed as a breach.
11.2 Either party may, upon becoming aware of the other party's breach, issue a notice of breach to the breaching party, requesting the breaching party to take effective and reasonable remedial measures to correct its breach. The breaching party taking remedial measures does not prevent the non-breaching party from demanding compensation for the losses suffered as a result.
11.3 The parties understand and acknowledge that allegations, disputes, or claims of illegality, violation, or infringement resulting from the following circumstances shall not be considered a breach by Xxxxxx Xxxxx under the Agreement, and Xxxxxx Xxxxx shall not bear any responsibility:
(1) Resulting from the unauthorized use of the Licensed Products beyond the scope defined in Article 2 of the Agreement without prior written permission from Xxxxxx Xxxxx;
(2) Resulting from standard essential patents (but in the case of infringement caused by standard essential patents that require Xxxxxx Xxxxx to obtain a license by mutual agreement, Xingji Meizu shall still be liable as stipulated in the Agreement).
(3) Resulting from the new knowledge achievements produced after the secondary development of the Licensed Products by ECARX, customers themselves, or third parties other than Xingji Meizu and its affiliates;
(4) Resulting from the software, hardware, data, and information provided by ECARX or customers;
(5) Resulting from the combination of the Licensed Products by ECARX or customers with other software and/or hardware products, and if such combination is not made, there would be no third-party claims of intellectual property infringement on the Licensed Products;
(6) Other accusations not solely caused by the fault of Xxxxxx Xxxxx, but Xxxxxx Xxxxx shall bear responsibility to ECARX in proportion to its fault;
(7) Despite the provisions of this clause, the parties will further agree in the relevant agreements for the purchase of Licensed Products by ECARX in specific vehicle model projects, on the responsibilities related to delayed delivery and breach of contract due to intellectual property disputes involving third-party rights holders.
11.4 Losses referred to under the Agreement shall mean ...