Liability for Breach of Clause Samples

The "Liability for Breach of" clause defines the responsibilities and potential consequences for a party that fails to fulfill its contractual obligations. Typically, this clause outlines the types of damages or remedies available to the non-breaching party, such as compensation for losses or specific performance, and may set limits on the amount or types of liability. Its core practical function is to allocate risk between the parties and provide a clear framework for addressing breaches, thereby promoting accountability and reducing uncertainty in the event of non-compliance.
Liability for Breach of. Agreement 1. If the Cardmember breaches any undertaking or fails to perform in accordance with any articles of this Agreement, or makes false or misleading representations to obtain the Corporate Card, or Cardmember’s Corporate Card use is irregular, or the Cardmember uses the Corporate Card to engage in fraud, gambling or other inappropriate or illicit activities that results in Amex incurring loss or damage, Cardmember shall be liable to Amex for all loss and damage. 2. In the event that any of the situations described in the preceding paragraph occurs, Amex may, to the extent permitted by law, ask the Cardmember to pay all Charges within a given period of time without giving prior notice, and may ask Cardmember to pay all reasonable expenses (including attorney’s fees) incurred by Amex from seeking recourse against 3. Under the premise that no mandatory or prohibited provisions of applicable regulations are violated, if the Cardmember sustains damage directly from Amex’s failure to perform its obligations relating to the Corporate Card or use of Corporate Card, Amex will only compensate the Cardmember for direct losses incurred thereof. Moreover, Amex shall not be held liable for loss or damage (including loss incurred under special circumstances) which may have originated as a result of Amex’s actions but occurred due to indirect or unnatural circumstance. Under no circumstances will Amex be held responsible for losses caused by any third party, including but not limited to losses resulting from the technical or system failure of third parties. 4. If a Cardmember fails to pay the Charges due in a monthly Statement of Account by the Closing Date of the next Statement of Account and the outstanding balance is over NT$1,000, Amex shall charge liquidated damages of NT$300 within seven (7) days of the Closing Date of the next Statement of Account. Liquidated damages will continueto be charged oneach subsequent Closing Date until all outstanding balance has been repaid, for a maximum of three consecutive periods. 5. An example of the calculation of
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Liability for Breach of. Agreement 1. If the Cardmember breaches any undertaking or fails to perform in accordance with any articles of this Agreement, or makes false or ▇. ▇▇ the event that any of the situations described in the preceding paragraph occurs, Amex may, to the extent permitted by law, accelerate all of Cardmember’s Charges without giving prior notice, and may ask Cardmember to pay all reasonable expenses (including attorney’s fees) incurred by Amex from seeking recourse against Cardmember, adopting measures to secure Amex’s own interest, and damages arising thereof. 3. Under the premise that no mandatory or prohibited provisions of applicable regulations are violated, if the Cardmember sustains damage directly from Amex’s failure to perform its obligations relating to the Corporate Card or use of Corporate Card, Amex will only compensate the Cardmember for direct losses incurred thereof. Moreover, Amex shall not be held liable for loss or damage (including loss incurred under special circumstances) which may have originated as a result of Amex’s actions but occurred due to indirect or unnatural circumstance. Under no circumstances will Amex be held responsible for losses caused by any third party, including but not limited to losses resulting from the technical or system failure of third parties. 4. If a Cardmember fails to pay the Charges due in a monthly statement of account by the Closing Date of the next statement of account and the outstanding balance is over NT$1,000, Amex shall charge liquidated damages of
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Liability for Breach of statutory duty; and 20.1 Neither of us shall use and/or disclose any confidential information which is acquired by one of us about the other’s business and/or given by one of us to
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Related to Liability for Breach of

  • Liability for Breach In addition to any liability you may have to Customer, you agree that you will also be legally responsible directly to Microsoft for any breach of these terms and conditions.

  • Liability for Breach of Agreement During the term of this Agreement, any violation of any provisions herein by either party constitutes breach of contract and the breaching party shall compensate the non-breaching party for the loss incurred as a result of this breach.

  • Liability for Breach of Contract 1. Party A and Party B shall strictly perform the terms stipulated in the agreement. If one party breaches the contract, the breaching party shall bear the liability for breach of contract according to the contract. 2. If the product is delivered by Party A to Party B and Party B fails to raise any objection to the product quality within the acceptance period, Party B shall not apply for return or replacement; If the product quality problems caused by Party B due to Party B's reasons or the intervention of a third party, which are not caused by the product itself, and caused by Party B's failure to raise any objection within the time limit since the date of acceptance, Party A can repair and rework the products, and Party B shall bear the rework service fee, material fee, processing fee, labor wages and other expenses incurred by Party A; 3. If the payment is not made in advance and then delivered, the ownership of the goods stipulated in this agreement still belongs to Party A before Party B pays off the payment, and Party A has the right to take back the goods at any time. Meanwhile, before this, Party B shall properly keep the goods and ensure that they are intact. If there is any damage, Party B shall compensate Party A according to the price of the goods agreed in the agreement. If the amount is not enough to make up for the losses, it shall also compensate Party A for all losses. 4. If Party B violates the agreement or refuses to perform the cooperation content during the cooperation period of this agreement, and refuses to perform or even withdraws from the cooperation after being urged by Party A, Party A has the right not to return the initial fee paid by Party B as a security deposit; At the same time, Party B shall cooperate with Party A to return all cooperation materials such as cooperation project materials and trademark product authorization documents, and compensate all economic losses suffered by Party A; 5. If Party B violates this agreement and causes losses to Party A, all expenses (including but not limited to attorney fees, legal fees, arbitration fees, announcement fees, preservation fees, guarantee fees, appraisal fees and auction evaluation fees) incurred by Party A for safeguarding its own legitimate rights and interests shall be borne by Party B; 6. If Party B cancels or changes the order without authorization, it shall pay 20% of the order price as liquidated damages and compensate Party A for all losses such as stocking, labor and profit.

  • Liabilities for Breach 9.1 The Parties agree and confirm that, if any of the Parties (the “Breaching Party”) is materially in breach of any provision hereof, or materially fails or delays in performing any of the obligations hereunder, a breach hereof is constituted (a “Breach”), and any of the other Parties which does not commit any Breach (a “Non-breaching Party”) has the right to require that the Breaching Party rectify it or take a remedial action within a reasonable period. If the Breaching Party fails to rectify the Breach or take remedial actions within the reasonable period or within ten (10) days of the other Party’s written rectification notice, then: 9.1.1. if any Shareholder or the Company is the Breaching Party, the WFOE is entitled to terminate this Agreement and require the Breaching Party to indemnify it against its damage; 9.1.2. if the WFOE is the Breaching Party, each of the Non-defaulting Parties is entitled to require the Breaching Party to indemnify it against its damage; but unless otherwise provided for by law, in no case does it have the right to terminate or cancel this Agreement. 9.2 Notwithstanding any other provision herein, the effect of this Article 9 shall not be affected by the suspension or termination of this Agreement.

  • 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.