Breach Clause Clause Samples
POPULAR SAMPLE Copied 1 times
Breach Clause. 7.1 Any of the following events shall constitute a breach of contract:
(1) overdue, overdue interest, advances or party b fails to pay other amounts due in accordance with this contract and a single credit granting contract, Or Party B fails to use the credit funds for the purpose agreed upon;
(2) Party B or the guarantor violates any statement made by it, guarantee and commitment;
(3) Party B or the guarantor explicitly expresses or indicates by its own actions that it fails to perform any obligations under any contract with Party A, Or violate any obligations stipulated in any contract with Party A;
(4) Party B or the guarantor conceals the true and important information;
(5) Party B or the guarantor takes advantage of the false contract with the related parties, Collect funds or grant credit granting from financial institutions through transactions without actual trading background,
(6) Party B or the guarantor is negligent in managing and pursuing the due creditor's rights, Or dispose of the main property or other evasion of debts by free or free, unreasonable low price or other inappropriate means;
(7) Party B or the guarantor makes advantage of the false contract and arrangement with any third party, Receiving funds or credit granting from Party A or other financial institutions;
(8) Party B or the guarantor violates other contracts (including or not limited to the credit contract, loan contract, guarantee contract) or any debt securities issued by it;
(9) Party B's guarantor (if any) violates the guarantee contract (including but not limited to the guarantee contract, mortgage contract, pledge contract) or defaults under the guarantee contract, Or the guarantee contract has not become effective, invalid or been revoked; The value of the collateral is significantly reduced, lost, and the ownership dispute occurs, Or be sealed up, detained, frozen, withheld, retained, auction, etc.;
(10) If any items listed in Articles 5.2 and 5.3 of this Contract occur, Party A considers that it will affect the safety of its creditor's rights;
(11) Party B's operation term shall expire within the term of this credit line, And the maturity and extension procedures are not completed;
(12) other circumstances that may adversely affect the realization of party A's claims under this contract or a single credit granting contract.
7.2 In the event of default, Party a shall have the right to take one or more of the following measures:
(1) to adjust, cancel or terminate the c...
Breach Clause. This Agreement may be cancelled, by written notice by a Party to the other Party, on the grounds of a breach of any term of this Agreement by a Party either: summarily if the breach is incapable of remedy; or if the Party in breach has failed to remedy its breach within 14 days of written notice calling upon it to do so without prejudice to any other rights in law of the Party cancelling the Agreement.
Breach Clause. A. Party B shall not exaggerate the function of products and mislead consumers when selling products, otherwise Party B shall bear relevant responsibilities
B. Party B shall operate in accordance with the law and shall not use this contract to engage in any illegal activities, otherwise it shall bear all the consequences.
C. Party B shall obtain the written consent and guidance of Party A for any promotion activities or conferences, otherwise all responsibilities arising therefrom shall be borne by Party B.
D. During the period when Party B acts as an distributor to operate Party A’s products, Party B shall not act as an distributor for other similar products in conflict with Party A’s products, nor shall Party B display or sell other similar products in conflict with Party A’s products in the business premises, otherwise Party A shall have the right to terminate Party B’s distributor qualification and pursue Party B’s liability for breach of contract.
E. Party B must abide by Party A’s business rules. Without the written consent of Party A, Party B is forbidden to sell on the Internet. If Party B violates this article, Party B shall pay Party A a penalty of 100,000 RMB for each violation.
Breach Clause a) This SLA document provides for minimum level of system characteristics and services required as per contractual obligations based on performance indicators and measurements thereof. The SI shall ensure provisioning of all required services while monitoring the performance of the same to effectively comply with performance levels.
b) SLA parameters shall be monitored on a monthly/quarterly basis (or as specified below) as per the individual SLA parameter requirements. In case the service levels cannot be achieved at service levels defined in the tables below, it shall result in a breach of contract and shall invoke penalty.
c) A Service Level breach will occur if the SI fails to meet Minimum Service Levels on a monthly basis (or periodicity defined) for a particular Service Level.
d) However, penalty would be levied every quarter or as specified below. The percentage of SLA violation would be the average of monthly SLA measurements for the months in that respective quarter.
e) Overall Availability and Performance Measurements will be on a quarterly basis for the purpose of Service Level reporting. Month wise “Availability and Performance Report” will be provided by the SI every quarter and a review shall be conducted based on this report. Availability and performance report provided to the DULB shall contain the summary of all incidents reported and associated performance measurement for that period.
f) Before Centralized System Operations and Maintenance Phase and during the Centralized System Implementation/ Development Phase, the maximum penalty shall be capped at 10% of the total Project Value. If the penalty during these phases exceeds 10% of the Total project value, then DULB reserves the right to terminate the contract.
g) During Centralized System Operations and Maintenance Phase, penalty per quarter are capped at 10% of that quarter’s payment.
h) If penalty calculations exceed 10% of the quarterly payment for two consecutive quarters, then DULB can take appropriate action including termination of the contract and forfeiting of Performance Bank Guarantee.
i) In case there are successive breaches of SLA’s for two quarters, DULB can issue show cause notice to the SI to explain their non-performance. Also Steering Committee meeting may be called wherein SI needs to explain the action taken to prevent such recurrences in future. This is without prejudice to other rights of DULB.
j) The services provided by the SI shall be reviewed by DULB in terms of...
Breach Clause. 1. If Party A fails to pay Party B in time as agreed herein, Party B has the right to stop providing the services agreed herein until Party A pays all the fees. Party A has no right to enjoy any preferential/rebate policies (if any) during this period, and Party A shall bear the liquidated damages of [five thousandth] of the unpaid amount for each day overdue. Party A shall bear all the losses caused by Party A's promotion content removed or other losses. Before Party A settles the advance payment, Party B has the right to refuse Party A's subsequent request for advance payment. Party B's breach of contract or disputes between both parties, resulting in Party A's suspension of payment, shall not be bound by this article, and shall not be deemed as Party A's breach of contract at that time.
2. If a third party lodges a complaint, claim or administrative penalty against Party B or delivery platforms due to Party A's fault, Party A shall actively assist Party B or platforms in handling relevant disputes, and all expenses and compensation paid by Party B or the platform for resolving such disputes shall be actually borne and paid by Party A on the premise that Party A knows and agrees to pay the dispute resolution expenses and compensation. Party A shall compensate Party B for the economic losses within 5 days from the date of receipt of Party B's notice, and Party B has the right to deduct them directly from the promotion expenses prepaid by Party A. At the same time, Party B is entitled to reserve the right to terminate the Agreement at any time without any legal liability and cost compensation.
3. If Party B violates the agreement hereunder, Party A shall request Party B to amend it in writing. If Party B fails to amend it within a reasonable time limit specified by Party A, Party A has the right to terminate the Contract without any responsibility, and has the right to require Party B to bear all losses of Party A (including but not limited to legal fees, preservation fees, notarial fees, etc.). Any liability for breach of contract otherwise agreed herein shall be borne in accordance with its agreement.
Breach Clause. 9.1 If the Supplier fails to deliver the goods to the Demander on the date of delivery stipulated in the contract, for each delay of one week, the Supplier shall pay the liquidated damages to the Demander according to the standard of 0.5% of the total price of the goods delayed, and the total amount of liquidated damages shall not exceed 10% of the amount of the unfulfilled contract.
9.2 If the Demander fails to pay the price according to the time or amount stipulated in the contract, for each delay of one week, the Demander shall pay the liquidated damages to the Supplier according to the standard of 0.5% of the total amount of the overdue payment, and the total amount of liquidated damages shall not exceed 10% of the unpaid amount.
9.3 If one of the parties to the contract breaches the contract, and the party in breach still fails to perform the contract if the other party to the contract has issued the notice of continuing to perform the contract for 15 days, then the other party to the contract shall have the right to terminate the contract.
Breach Clause. If party A fails to deliver the merchandises in time, it shall pay Party B 4% of the total value of the merchandises as liquidated damages for each day’s delay.