Common use of Liability for Default Clause in Contracts

Liability for Default. 8.1 Any breach of any article of the agreement directly or indirectly or no commitment or commitment out of time insufficiently to the obligations of the agreement shall constitute breach of the contract. The party that observes the contract (“non-breaching party”) shall have the right to request the breaching party (“the breaching party”) by written notice to make corrections to its breaching actions and avoid the bad result with sufficient, effective and timely measures taken, and to compensate for the losses of the non-breaching party due to its breaching actions. 8.2 After any breaching occurs, the non-breaching party, if holding that the breaching has resulted in impossibility or unfairness for the non-breaching party to perform the relevant obligations under this agreement with reasonable and objective discretion applied, shall have the power to discontinue its relevant obligations of this agreement with written notice sent to the non-breaching party until the breaching party stops its breach of the contact, take sufficient, effective and timely measures to avoid the bad results, and compensate for the losses of the non-breaching party due to its breaching actions. 8.3 The indemnification that the breaching party makes to the non-breaching party shall include any direct economic losses and any predictable indirect losses or excess expenses that occur to the non-breaching party due to violation of the contract by the breaching party, including but not limited to attorney fees, legal costs, arbitration fees, financial expenses, travel expenses and etc.

Appears in 6 contracts

Sources: Technical Service Agreement (Sina Corp), Technical Services Agreement (Sina Corp), Technical Services Agreement (Sina Corp)

Liability for Default. 8.1 12.1 Any breach of any article provision of the agreement Agreement directly or indirectly or no commitment failure of performance, delay in or commitment out of time insufficiently to inadequately performing, by either party, the obligations of the agreement hereunder shall constitute a breach of the contractthis Agreement. The party that observes the contract (“non-breaching partydefault party (the “Non-default Party”) shall have the right to request the breaching default party (the the breaching partyDefault Party”) by written notice to make corrections to remedies of its breaching actions breach and avoid the bad result with take sufficient, effective and timely measures taken, to eliminate the results caused by such breach and to compensate for indemnify the Non-default Party of the losses arising from such breach of the non-breaching party due to its breaching actionsDefault Party. 8.2 12.2 After any breaching breach occurs, the nonNon-breaching partydefault Party shall, if holding in its reasonable and objective judgment, holds that the breaching breach has resulted in impossibility or unfairness for the nonNon-breaching party default Party to perform the relevant obligations under this agreement with reasonable and objective discretion appliedAgreement, shall have the power right to discontinue its relevant obligations of under this agreement with Agreement by written notice sent to the non-breaching party Default Party until the breaching party stops Default Party terminate its breach of the contact, and take sufficient, effective and timely measures to avoid eliminate the bad results, results caused by such breach and compensate for indemnify the Non-default Party of the losses arising from such breach of the non-breaching party due to its breaching actionsDefault Party. 8.3 12.3 The indemnification that losses indemnified by the breaching party makes Non-default Party to the non-breaching party Default Party shall include any direct economic losses and any predictable indirect losses or excess and additional expenses that occur to the non-breaching party due to violation of the contract suffered by the breaching partyNon-default Party arising from any breach by the Default Party, including but not limited to attorney fees, legal costs, action and arbitration fees, financial expenses, travel expenses and expenses, etc.

Appears in 4 contracts

Sources: Exclusive Technical Service Agreement, Exclusive Technical Service Agreement (WEIBO Corp), Exclusive Technical Service Agreement (WEIBO Corp)

Liability for Default. 8.1 1. Any breach of any article of the agreement Party that directly or indirectly or no commitment or commitment out of time insufficiently to the obligations violates any provision of the agreement shall constitute Agreement or does not assume or fails to timely and fully assume its obligations under the Agreement constitutes a breach of contract, the contract. The party that observes the contract (“non-breaching party”) Party shall have the right to request the breaching party (“the breaching party”) by written notice to make corrections require the breaching Party to cure its breaching actions breach and avoid the bad result with sufficienttake adequate, effective and timely prompt measures taken, to eliminate the consequences of default and to compensate the non-breaching Party for the losses incurred by the breaching Party as a result of the breach. 2. If, after the occurrence of default, the non-breaching Party reasonably and objectively determines that such breach has rendered the performance of the non-breaching party due to its breaching actions. 8.2 After any breaching occursParty’s corresponding obligations under the Agreement impossible or unfair, the non-breaching party, if holding that Party shall be entitled to notify the breaching has resulted Party in impossibility or unfairness for writing that the non-breaching party to perform Party will temporarily suspend the relevant performance of its corresponding obligations under this agreement with reasonable the Agreement until the breaching Party ceases its breach, takes adequate, effective and objective discretion applied, shall have prompt measures to eliminate the power to discontinue its relevant obligations consequences of this agreement with written notice sent to default and compensates the non-breaching party until the breaching party stops its breach of the contact, take sufficient, effective and timely measures to avoid the bad results, and compensate Party for the losses incurred by the breaching Party as a result of the breach. 3. The breaching Party shall indemnify the non-breaching party due to Party for its breaching actions. 8.3 The indemnification that the breaching party makes to the non-breaching party shall include any losses including direct economic losses, any foreseeable indirect losses and any predictable indirect losses or excess expenses that occur to the non-breaching party due to violation of the contract additional costs incurred by the breaching partyParty as a result of the default, including but not limited to attorney attorney’s fees, legal litigation and arbitration costs, arbitration fees, financial costs and travel expenses, travel expenses and etc.

Appears in 1 contract

Sources: Loan Agreement (TuSimple Holdings Inc.)

Liability for Default. 8.1 12.1 Any breach of any article provision of the agreement Agreement directly or indirectly or no commitment failure of performance, delay in or commitment out of time insufficiently to inadequately performing, by either party, the obligations of the agreement hereunder shall constitute a breach of the contractthis Agreement. The party that observes the contract (“non-breaching partydefault party (the “Non-default Party”) shall have the right to request the breaching default party (the the breaching partyDefault Party”) by written notice to make corrections to remedies of its breaching actions breach and avoid the bad result with take sufficient, effective and timely measures taken, to eliminate the results caused by such breach and to compensate for indemnify the Non-default Party of the losses arising from such breach of the non-breaching party due to its breaching actionsDefault Party. 8.2 12.2 After any breaching breach occurs, the nonNon-breaching partydefault Party shall, if holding in its reasonable and objective judgment, holds that the breaching breach has resulted in impossibility or unfairness for the nonNon-breaching party default Party to perform the relevant obligations under this agreement with reasonable and objective discretion appliedAgreement, shall have the power right to discontinue its relevant obligations of under this agreement with Agreement by written notice sent to the non-breaching party Default Party until the breaching party stops Default Party terminate its breach of the contact, and take sufficient, effective and timely measures to avoid eliminate the bad results, results caused by such breach and compensate for indemnify the Non-default Party of the losses arising from such breach of the non-breaching party due to its breaching actionsDefault Party. 8.3 12.3 The indemnification that losses indemnified by the breaching party makes Non-default Party to the non-breaching party Default Party shall include any direct economic losses and any predictable indirect losses or excess and additional expenses that occur to the non-breaching party due to violation of the contract suffered by the breaching partyNon-default Party arising from any breach by the Default Party, including but not limited to attorney fees, legal costs, action and arbitration fees, financial expenses, travel expenses and expenses, etc.. ​

Appears in 1 contract

Sources: Exclusive Technical Service Agreement (WEIBO Corp)