Common use of Liabilities for Breach of Contract Clause in Contracts

Liabilities for Breach of Contract. 12.1 The Parties agree and acknowledge that if either Party (“Breaching Party”) materially breaches any provision hereunder, or fails or delays to perform any material obligation hereunder, it will constitute a breach of this Agreement (“Breach”), and the other Party has the right to request the Breaching Party to correct or take remedial measures within a reasonable period. If the Breaching Party fails to do so within a reasonable period or ten (10) days after the other Party gives a written notice requesting correction, and if the Breaching Party is Party A, then Party B has the right to (1) terminate this Agreement and request the Breaching Party to compensate all damages; or (2) request the enforcement of the Breaching Party’s obligations hereunder and request the Breaching Party to compensate all damages; if the Breaching Party is Party B, then Party A has the right to request the Breaching Party to continue to perform its obligations hereunder and to compensate all damages. 12.2 Notwithstanding any provisions of Article 12.1 hereof, the Parties agree and acknowledge that Party A shall not request to terminate this Agreement on whatever grounds and in whatever circumstances, unless the law or this Agreement provides otherwise. 12.3 Notwithstanding any other provisions hereof, this Article 12 shall survive the suspension or termination of this Agreement.

Appears in 8 contracts

Sources: Exclusive Service Agreement (Xpeng Inc.), Exclusive Service Agreement (Xpeng Inc.), Exclusive Service Agreement (Xpeng Inc.)

Liabilities for Breach of Contract. 12.1 9.1 The Parties agree and acknowledge that if either Party (“Breaching Party”) materially breaches any provision hereunder, or fails or delays to perform any material obligation hereunder, it will constitute a breach of this Agreement (“Breach”), and each of the other Party Parties (“Non-breaching Parties”) has the right to request the Breaching Party to correct or take remedial measures within a reasonable period. If the Breaching Party fails to do so within a reasonable period or ten (10) days after the other Party gives Non-breaching Parties give a written notice requesting correction, and if then: (a) If the Breaching Party is Party AExisting Shareholders or the Company breaches, then Party B the WFOE has the right to (1) terminate this Agreement and request the Breaching Party Parties (/Party) to compensate all any damages; or ; (2b) request If the enforcement of WFOE breaches, the Breaching Party’s obligations hereunder and request the Breaching Party to compensate all damages; if the Breaching Party is Party B, then Party A has Non-breaching Parties have the right to request the Breaching Party to continue to perform its obligations hereunder and to compensate all damages. 12.2 Notwithstanding any provisions of Article 12.1 hereof, provided, however, that the Non-breaching Parties agree and acknowledge that Party A shall not request have no right to terminate or rescind this Agreement on whatever grounds and in whatever circumstancesAgreement, unless the law or laws provide otherwise mandatorily. For purpose of this Agreement provides otherwiseArticle 9.1, the Company and the Existing Shareholders further acknowledge and agree that their breach of Article 5 hereof will constitute a material breach of this Agreement. 12.3 9.2 Notwithstanding any other provisions hereof, this Article 12 9 shall survive the suspension or termination of this Agreement.

Appears in 7 contracts

Sources: Power of Attorney (Xpeng Inc.), Power of Attorney (Xpeng Inc.), Power of Attorney (Xpeng Inc.)

Liabilities for Breach of Contract. 12.1 11.1 The Parties agree and acknowledge that if either any Party (“Breaching Party”) materially breaches any provision covenant hereunder, or fails to materially perform or delays to perform in performing any material obligation hereunder, it will constitute a breach of this Agreement (“Breach”), and the other Party has Parties (“Non-breaching Party”) shall have the right to request the Breaching Party to correct or take remedial measures within a reasonable period. If the Breaching Party fails to do so within a reasonable period or ten (10) days after the other Non-breaching Party gives a written notice requesting correction, and if then: 11.1.1 If the Existing Shareholders or the Company is the Breaching Party is Party AParty, then Party B has the WFOE shall have the right to (1) terminate this Agreement and request the Breaching Party to compensate all damages; or (2) request the enforcement of claim damages from the Breaching Party’s obligations hereunder and request ; 11.1.2 If the WFOE is the Breaching Party, the Non-breaching Party to compensate all damages; if the Breaching Party is Party B, then Party A has shall have the right to request claim damages from the Breaching Party Party, unless otherwise provided by law, otherwise neither the Existing Shareholders nor the Company has any right to continue to perform its obligations hereunder and to compensate all damagesunilaterally terminate or rescind this Agreement under any circumstances. 12.2 11.2 Notwithstanding any provisions of Article 12.1 hereof, the Parties agree and acknowledge that Party A shall not request to terminate this Agreement on whatever grounds and in whatever circumstances, unless the law or this Agreement provides otherwise. 12.3 Notwithstanding any other provisions hereof, the validity of this Article 12 shall survive the suspension or termination of this Agreement.

Appears in 1 contract

Sources: Exclusive Call Option Agreement (Onion Global LTD)