Common use of Liabilities for Breach of Contract Clause in Contracts

Liabilities for Breach of Contract. 11.1 The Parties agree and acknowledge that, if any Party (“Defaulting Party”) is materially in breach of any provision of this Agreement, or materially fails to perform or delays in performing any of its obligations hereunder, such breach, failure or delay shall constitute a default hereunder (the “Default”), and the non-defaulting Party shall be entitled to demand the Defaulting Party to rectify such Default or take remedial actions within a reasonable period of time. If the Defaulting Party fails to rectify such Default or take remedial actions within such reasonable period of time or ten (10) days from the receipt of the written notice from the non-defaulting Party requiring such rectification, the non-defaulting Party shall be entitled to make a decision at its sole discretion: 11.1.1 the WFOE shall be entitled to terminate this Agreement and claim from the Defaulting Party for damages if the Defaulting Party is any of the Existing Shareholders or the Company; 11.1.2 the non-defaulting Party shall be entitled to claim from the Defaulting Party for damages if the Defaulting party is the WFOE, provided that under no circumstances shall the Non-defaulting Party be entitled to terminate or rescind this Agreement unless otherwise provided by laws. 11.2 Notwithstanding anything to the contrary in this Agreement, this Article shall survive the termination of this Agreement.

Liabilities for Breach of Contract. 11.1 9.1 The Parties agree and acknowledge that, if any Party (the “Defaulting Party”) is materially in breach of any provision of this Agreement, or materially fails to perform or delays in performing any of its the obligations hereunder, such breach, failure or delay shall constitute a default hereunder (the “Default”), and the non-defaulting Party (the “Non-defaulting Party”) shall be entitled to demand the Defaulting Party to rectify such Default or take remedial actions within a reasonable period of time. If the Defaulting Party fails to rectify such Default or take remedial actions within such reasonable period of time or ten (10) days from the receipt of the written notice from the non-defaulting other Party requiring such rectification, the non-defaulting Party shall be entitled to make a decision at its sole discretion: 11.1.1 9.1.1 the WFOE shall be entitled to terminate this Agreement and claim from the Defaulting Party for damages if the Defaulting Party is any of the Existing Shareholders Shareholder or the Company; 11.1.2 9.1.2 the nonNon-defaulting Party shall be entitled to claim from the Defaulting Party for damages if the Defaulting party is the WFOE, provided that under no circumstances shall the Nonnon-defaulting Party be entitled to terminate or rescind this Agreement unless otherwise provided by laws. 11.2 9.2 Notwithstanding anything to the contrary in this Agreementany other provision herein, this Article shall survive the suspension or termination of this Agreement.

Liabilities for Breach of Contract. 11.1 9.1 The Parties agree and acknowledge confirm that, if any Party (hereinafter the “Defaulting Party”) is materially in breach substantially violates any of any provision of this Agreement, the provisions herein or materially substantially fails to perform or delays in performing any of its the obligations hereunder, such breach, violation or failure or delay shall constitute a default hereunder under this Agreement (the hereinafter a “Default”), and the non-defaulting Party shall be entitled have the right to demand require the Defaulting Party to rectify such Default or take remedial actions measures within a reasonable period of timeperiod. If the Defaulting Party fails to rectify such Default or take remedial actions measures within such a reasonable period of time or within ten (10) days from the receipt of the written notice from after the non-defaulting Party requiring such rectificationnotifies the Defaulting Party in writing and require it to rectify the Default, then the non-defaulting Party shall have the right at its own discretion to decide the following: 9.1.1 if any Existing Shareholder or the Company is the Defaulting Party, The9 Computer shall be entitled to terminate this Agreement and require the Defaulting Party to make compensation for damages; 9.1.2 if The9 Computer is the Defaulting Party, the non-defaulting Party shall be entitled to make a decision at its sole discretion: 11.1.1 the WFOE shall be entitled to terminate this Agreement and claim from require the Defaulting Party to make compensation for damages if the Defaulting Party is any of the Existing Shareholders or the Company; 11.1.2 damages, but unless otherwise provided by law, the non-defaulting Party shall be entitled to claim from the Defaulting Party for damages if the Defaulting party is the WFOE, provided that under have no circumstances shall the Non-defaulting Party be entitled right to terminate or rescind discharge this Agreement unless otherwise in any circumstances. 9.2 The rights and remedies set out herein shall be cumulative, and shall not preclude any other rights or remedies provided by lawslaw. 11.2 9.3 Notwithstanding anything to any other provisions herein, the contrary in this Agreement, effect of this Article shall survive not be affected by the suspension or termination of this Agreement.

Liabilities for Breach of Contract. 11.1 10.1 The Parties agree and acknowledge that, if any either Party (“Defaulting Party”) is materially in breach of any provision of this Agreement, or materially fails to perform or delays in performing any of its obligations hereunder, such breach, breach and failure or delay shall constitute a default hereunder (the “Default”), and the non-defaulting Party shall be entitled to demand the Defaulting Party to rectify such Default or take remedial actions within a reasonable period of time. If the Defaulting Party fails to rectify such Default or take remedial actions within such reasonable period of time or ten (10) days from the receipt of the written notice from the non-defaulting Party requiring such rectification, the non-defaulting Party shall be entitled to make a decision at its sole discretion: 11.1.1 the WFOE 10.1.1 Party A shall be entitled to terminate this Agreement and claim from the Defaulting Party for damages if the Defaulting Party is any of the Existing Shareholders or the CompanyParty B; 11.1.2 the non-defaulting 10.1.2 Party B shall be entitled to claim from the Defaulting Party for damages if the Defaulting party is the WFOEParty A, provided that under no circumstances shall the Non-defaulting Party B be entitled to terminate or rescind this Agreement unless otherwise provided by laws. 11.2 10.2 Notwithstanding anything to the contrary in this Agreement, this Article 10 shall survive the suspension or termination of this Agreement.

Liabilities for Breach of Contract. 11.1 The Parties agree and acknowledge that, that if any Party (“Defaulting Party”) is materially in breach of breaches any provision of this Agreement, or materially fails to perform or delays in performing any of its obligations hereunder, such breach, failure or delay shall constitute a default hereunder (the “Default”), and the non-defaulting Party shall be entitled to demand may require the Defaulting Party to rectify such or correct the Default or take remedial actions within a reasonable period of time. If measures; if the Defaulting Party fails to rectify such or correct the Default or take remedial actions measures within such reasonable period of time or within ten (10) days from upon the receipt issuance of the written notice from by the non-defaulting Party requiring such rectificationrectification or correction, the non-defaulting Party shall be entitled to make a decision may decide at its sole discretion: 11.1.1 the WFOE shall be entitled to terminate this Agreement and claim from the Defaulting Party for damages if the Defaulting Party is any of the Existing Shareholders or the CompanyCompany is the Defaulting Party, the WFOE may terminate this Agreement and require damages from the Defaulting Party; 11.1.2 if the WFOE is the Defaulting Party, the non-defaulting Party shall be entitled to claim may require damages from the Defaulting Party for damages if the Defaulting party is the WFOEParty, provided that under but in no circumstances shall the Nonevent may such non-defaulting Party be entitled to terminate or rescind this Agreement unless otherwise provided by lawsthe law. 11.2 Notwithstanding anything to the contrary in this Agreementelse contained herein, this Article article shall survive the termination of this Agreement.

Liabilities for Breach of Contract. 11.1 10.1 The Parties agree and acknowledge that, if any either Party (“Defaulting Party”) is materially in breach of any provision of this Agreement, or materially fails to perform or delays in performing any of its obligations hereunder, such breach, breach and failure or delay shall constitute a default hereunder (the “Default”), and the non-defaulting Party shall be entitled to demand the Defaulting Party to rectify such Default or take remedial actions within a reasonable period of time. If the Defaulting Party fails to rectify such Default or take remedial actions within such reasonable period of time or ten (10) days from the receipt of the written notice from the non-defaulting Party requiring such rectification, the non-defaulting Party shall be entitled to make a decision at its sole discretion: 11.1.1 the WFOE 10.1.1 Party A shall be entitled to terminate this Agreement and claim from the Defaulting Party for damages if the Defaulting Party is any of the Existing Shareholders or the CompanyParty B; 11.1.2 the non-defaulting 10.1.2 Party B shall be entitled to claim from the Defaulting Party for damages if the Defaulting party is the WFOEParty A, provided that under no circumstances shall the Non-defaulting Party B be entitled to terminate or rescind this Agreement unless otherwise provided by lawsPRC Laws. 11.2 10.2 Notwithstanding anything to the contrary in this Agreement, this Article 10 shall survive the suspension or termination of this Agreement.

Liabilities for Breach of Contract. 11.1 9.1 The Parties agree and acknowledge confirm that, if any Party (hereinafter the “Defaulting Party”) is materially in breach substantially violates any of any provision of this Agreement, the provisions herein or materially substantially fails to perform or delays in performing any of its the obligations hereunder, such breach, violation or failure or delay shall constitute a default hereunder under this Agreement (the hereinafter a “Default”), and any of the other non-defaulting Party Parties (hereinafter the “Non-defaulting Party”) shall be entitled have the right to demand require the Defaulting Party to rectify such Default or take remedial actions measures within a reasonable period of timeperiod. If the Defaulting Party fails to rectify such Default or take remedial actions measures within such a reasonable period of time or within ten (10) days from after the receipt of the written notice from the nonNon-defaulting Party requiring such rectificationnotifies the Defaulting Party in writing and require it to rectify the Default, then: (1) if any Shareholder or the non-defaulting Party shall be entitled to make a decision at its sole discretion: 11.1.1 Company is the WFOE Defaulting Party, The9 Computer shall be entitled to terminate this Agreement and claim from require the Defaulting Party to make compensation for damages damages; (2) if The9 Computer is the Defaulting Party is any of Party, the Existing Shareholders or the Company; 11.1.2 the nonNon-defaulting Party shall be entitled to claim from require the Defaulting Party to make compensation for damages if the Defaulting party is the WFOEdamages, but unless otherwise provided that under no circumstances shall by law, the Non-defaulting Party be entitled shall have no right to terminate or rescind discharge this Agreement unless otherwise or the entrustment hereunder in any circumstances. 9.2 The rights and remedies set out herein shall be cumulative, and shall not preclude any other rights or remedies provided by lawslaw. 11.2 9.3 Notwithstanding anything to any other provisions herein, the contrary in this Agreement, effect of this Article shall survive not be affected by the suspension or termination of this Agreement.

Liabilities for Breach of Contract. 11.1 10.1 The Parties agree and acknowledge confirm that, if any Party (hereinafter referred to as “the Defaulting Party”) is materially in breach of braches any provision of this Agreementhereunder, or materially fails to perform or delays in performing any of its obligations hereunder, such breach, failure or delay shall constitute it constitutes a default hereunder breach of the Agreement (hereinafter referred to as “the “Default”), and . Any of the non-defaulting Party Parties (hereinafter referred to as “the Non-defaulting Parties”) shall be entitled to demand require the Defaulting Party to rectify such the Default or to take remedial actions within a reasonable period of timeactions. If the Defaulting Party fails to rectify such the Default or to take remedial actions within such the reasonable period of time or ten within fifteen (1015) days from the receipt of the written notice from the nonafter relevant Non-defaulting Party requiring such rectificationgives a written notice to the Defaulting Party, the nonrelevant Non-defaulting Party shall be entitled to make a decision at its sole discretion: 11.1.1 the WFOE shall be entitled (1) to terminate this the Agreement and claim from to require the Defaulting Party to provide full compensation for damages if damages; or (2) to require the Defaulting Party is to specifically perform its obligations hereunder and to provide full compensation for damages. 10.2 The Parties agree and confirm that, unless otherwise stipulated by the laws or the Agreement, in no event shall any Party ask for early termination of the Existing Shareholders or the Company; 11.1.2 the non-defaulting Party shall be entitled to claim from the Defaulting Party for damages if the Defaulting party is the WFOE, provided that under no circumstances shall the Non-defaulting Party be entitled to terminate or rescind this Agreement unless otherwise provided by lawsAgreement. 11.2 10.3 Notwithstanding anything to any other provisions in the contrary in this Agreement, the validity of this Article shall survive the not be affected by suspension or termination of this the Agreement.

Liabilities for Breach of Contract. 11.1 The Parties agree Each party agrees and acknowledge confirms that, if any Party of the parties (hereinafter the “Defaulting Party”) is materially in breach substantially violates any of any provision of this Agreement, the provisions herein or materially substantially fails to perform or delays in performing any of its the obligations hereunder, such breach, violation or failure or delay shall constitute a default hereunder under this Agreement (the hereinafter a “Default”), and any of the other non-defaulting Party parties (hereinafter a “Non-defaulting Party”) shall be entitled have the right to demand require the Defaulting Party to rectify such Default or take remedial actions measures within a reasonable period of timeperiod. If the Defaulting Party fails to rectify such Default or take remedial actions measures within such a reasonable period of time or within ten (10) days from after the receipt of the written notice from the non-defaulting Party requiring such rectification, the non-defaulting Party shall be entitled to make a decision at its sole discretion: 11.1.1 the WFOE shall be entitled to terminate this Agreement and claim from other party notifies the Defaulting Party for damages if in writing and requires it to rectify the Defaulting Party is any of the Existing Shareholders or the Company; 11.1.2 the non-defaulting Party shall be entitled to claim from the Defaulting Party for damages if the Defaulting party is the WFOEDefault, provided that under no circumstances shall then the Non-defaulting Party be entitled shall have the right to terminate or rescind this Agreement unless otherwise provided by lawsand/or to demand the Defaulting Party to make compensation for any loss. 11.2 The rights and remedies set out herein shall be cumulative, and shall not preclude any other rights or remedies provided by law. 11.3 Notwithstanding anything to any other provisions herein, the contrary in this Agreement, effect of this Article shall survive not be affected by the suspension or termination of this Agreement.

Liabilities for Breach of Contract. 11.1 The Parties agree and acknowledge confirm that, if any Party (hereinafter the “Defaulting Party”) is materially in breach substantially violates any of any provision of this Agreement, the provisions herein or materially substantially fails to perform or delays in performing any of its the obligations hereunder, such breach, violation or failure or delay shall constitute a default hereunder under this Agreement (the hereinafter a “Default”), and the non-defaulting Party shall be entitled have the right to demand require the Defaulting Party to rectify such Default or take remedial actions measures within a reasonable period of timeperiod. If the Defaulting Party fails to rectify such Default or take remedial actions measures within such a reasonable period of time or within ten (10) days from the receipt of the written notice from after the non-defaulting Party requiring such rectificationnotifies the Defaulting Party in writing and require it to rectify the Default, then the non-defaulting Party shall be entitled have the right to make a decision at its sole discretion: 11.1.1 the WFOE shall be entitled decide: (1) to terminate this Agreement and claim from require the Defaulting Party to make compensation for damages if all damages; or (2) to require the performance by the Defaulting Party is any of the Existing Shareholders or the Company; 11.1.2 the non-defaulting Party shall be entitled to claim from its obligations hereunder compulsorily and demand the Defaulting Party to make compensation for damages if the Defaulting party is the WFOE, provided that under no circumstances shall the Non-defaulting Party be entitled to terminate or rescind this Agreement unless otherwise provided by lawsall damages. 11.2 Notwithstanding anything to Article 11.1 above, the contrary Parties agree and confirm that in no circumstances shall Party A terminate this AgreementAgreement for whatever cause, unless otherwise required by the Laws or herein. 11.3 Notwithstanding any other provisions herein, the effect of this Article shall survive not be affected by the termination of this Agreement.

Liabilities for Breach of Contract. 11.1 The Parties parties agree and acknowledge confirm that, if any Party of the parties (hereinafter the “Defaulting Party”) is materially in breach substantially violates any of any provision of this Agreement, the provisions herein or materially substantially fails to perform or delays in performing any of its the obligations hereunder, such breach, violation or failure or delay shall constitute a default hereunder under this Agreement (the hereinafter a “Default”), and any of the other non-defaulting Party parties (hereinafter a “Non-defaulting Party”) shall be entitled have the right to demand require the Defaulting Party to rectify such Default or take remedial actions measures within a reasonable period of timeperiod. If the Defaulting Party fails to rectify such Default or take remedial actions measures within such a reasonable period of time or within ten (10) days from after the receipt of the written notice from the non-defaulting Party requiring such rectification, the non-defaulting Party shall be entitled to make a decision at its sole discretion: 11.1.1 the WFOE shall be entitled to terminate this Agreement and claim from other party notifies the Defaulting Party for damages if in writing and requires it to rectify the Defaulting Party is any of the Existing Shareholders or the Company; 11.1.2 the non-defaulting Party shall be entitled to claim from the Defaulting Party for damages if the Defaulting party is the WFOEDefault, provided that under no circumstances shall then the Non-defaulting Party be entitled shall have the right to terminate or rescind this Agreement unless otherwise provided by lawsand/or to demand the Defaulting Party to make compensation for any loss. 11.2 The rights and remedies set out herein shall be cumulative, and shall not preclude any other rights or remedies provided by law. 11.3 Notwithstanding anything to any other provisions herein, the contrary in this Agreement, effect of this Article shall survive not be affected by the suspension or termination of this Agreement.

Liabilities for Breach of Contract. 11.1 8.1 The Parties parties agree and acknowledge that, if that any Party breach by either party (hereinafter referred to as the “Defaulting Party”) is materially in breach of any provision of this Agreement, the covenants made hereunder or materially fails to perform any failure or delays delay in performing the performance of any of its obligations hereunder, such breach, failure or delay hereunder shall constitute a default hereunder under this Agreement (the hereinafter referred to as a “Default”), ) and that any of the other non-defaulting Party parties (hereinafter referred to as the “Non-defaulting Party”) shall be entitled to demand require the Defaulting Party to rectify such Default make good or take remedial actions remedy the breach within a reasonable period of time. If the Defaulting Party fails to rectify such Default does not remedy the situation or take remedial actions action within such a reasonable period of time or within ten (10) days from the receipt of the written notice from the non-defaulting Party requiring such rectification, the non-defaulting Party shall be entitled to make a decision at its sole discretion: 11.1.1 the WFOE shall be entitled to terminate this Agreement and claim from after any other parties have notified the Defaulting Party in writing and made a request for damages if remedy, then: 8.1.1 If Party B or Party C is the Defaulting Party is any of the Existing Shareholders or the Company; 11.1.2 the non-defaulting Party shall be entitled to claim from the Defaulting Party for damages if the Defaulting party is the WFOEParty, provided that under no circumstances shall the Non-defaulting Party be is entitled to claim damages from the Defaulting Party; 8.1.2 If Party A is the Defaulting Party, the Non-defaulting Party shall waive Party A’s obligation to pay damages, and shall not have any right to terminate or rescind this Agreement in any circumstances unless otherwise provided by lawslaw. 11.2 8.2 Notwithstanding anything to the contrary in any other provision of this Agreement, this the effect of the provisions of Article 8 shall survive not be affected by the termination of this the Agreement.

Liabilities for Breach of Contract. 11.1 8.1 The Parties parties agree and acknowledge confirm that, if any Party (hereinafter the “Defaulting Party”) is materially in breach substantially violates any of any provision of this Agreement, the provisions herein or materially substantially fails to perform or delays in performing any of its the obligations hereunder, such breach, violation or failure or delay shall constitute a default hereunder under this Agreement (the hereinafter a “Default”), and any of the other non-defaulting Party parties (hereinafter the “Non-defaulting Party”) shall be entitled have the right to demand require the Defaulting Party to rectify such Default or take remedial actions measures within a reasonable period of timeperiod. If the Defaulting Party fails to rectify such Default or take remedial actions measures within such a reasonable period of time or within ten (10) days from after the receipt of the written notice from the nonNon-defaulting Party requiring such rectificationnotifies the Defaulting Party in writing and require it to rectify the Default, then: (1) if any Shareholder or Shanghai IT is the non-defaulting Party shall be entitled to make a decision at its sole discretion: 11.1.1 the WFOE Defaulting Party, The9 Computer shall be entitled to terminate this Agreement and claim from require the Defaulting Party to make compensation for damages damages; (2) if The9 Computer is the Defaulting Party is any of Party, the Existing Shareholders or the Company; 11.1.2 the nonNon-defaulting Party shall be entitled to claim from require the Defaulting Party to make compensation for damages if the Defaulting party is the WFOEdamages, provided that under no circumstances shall but the Non-defaulting Party be entitled shall have no right to terminate or rescind discharge this Agreement unless otherwise or the entrustment hereunder in any circumstances. 8.2 The rights and remedies set out herein shall be cumulative, and shall not preclude any other rights or remedies provided by lawslaw. 11.2 8.3 Notwithstanding anything to any other provisions herein, the contrary in this Agreement, effect of this Article shall survive not be affected by the suspension or termination of this Agreement.

Liabilities for Breach of Contract. 11.1 The Parties agree and acknowledge confirm that, if any Party (hereinafter the “Defaulting Party”) is materially in breach substantially violates any of any provision of this Agreement, the provisions herein or materially substantially fails or delays to perform or delays in performing any of its the obligations hereunder, such breach, violation or failure or delay shall constitute a default hereunder under this Agreement (the hereinafter a “Default”), and the non-defaulting Party shall be entitled have the right to demand require the Defaulting Party to rectify such Default or take remedial actions measures within a reasonable period of timeperiod. If the Defaulting Party fails to rectify such Default or take remedial actions measures within such a reasonable period of time or within ten (10) days from the receipt of the written notice from after the non-defaulting Party requiring such rectificationnotifies the Defaulting Party in writing and require it to rectify the Default, then the non-defaulting Party shall be entitled have the right to make a decision at its sole discretion: 11.1.1 the WFOE shall be entitled decide: (1) to terminate this Agreement and claim from require the Defaulting Party to make compensation for damages if all damages; or (2) to require the performance by the Defaulting Party is any of the Existing Shareholders or the Company; 11.1.2 the non-defaulting Party shall be entitled to claim from its obligations hereunder compulsorily and demand the Defaulting Party to make compensation for damages if the Defaulting party is the WFOE, provided that under no circumstances shall the Non-defaulting Party be entitled to terminate or rescind this Agreement unless otherwise provided by lawsall damages. 11.2 Notwithstanding anything to Article 11.1 above, the contrary Parties agree and confirm that in no circumstances shall Party A terminate this AgreementAgreement for whatever cause, unless otherwise required by the Laws or herein. 11.3 Notwithstanding any other provisions herein, the effect of this Article shall survive not be affected by the termination of this Agreement.