Common use of Rescission of Contract Clause in Contracts

Rescission of Contract. 9.1 During term of contract, if Party B has any of the following breaching acts, Party B has the right to notify Party B the termination of this Contract unilaterally (the date for termination of contract specified in notice on termination of contract received by Party B from Party A shall be the date of early termination of this Contact), take back the premises and take necessary measures. Decoration and finishing losses caused to Party B thereof shall be assumed by Party B voluntarily. Besides, Party A shall pay one month’s rent of current year to Party A as liquidated damages according to the provisions of this Contract. 9.1.1 Change application of the premises specified in this Contract without permission or conduct illegal activities with this premises. 9.1.2 Dismantle building structure without written approval of Party A, or damage the premises, and fails to correct and repair within stipulated time upon the written notice of Party A. 9.1.3 Transfer the premises to other person for the purpose of using and operating without written approval of Party A. 9.1.4 Delay to pay rent for over 15 days accumulatively without written approval of Party A. 9.1.5 Without business certificate, or not meet requirements on fire prevention, environmental protection, public security and disease prevention etc. 9.1.6 Severely violate Property Management Service Agreement and relevant rules for the implementation. 9.1.7 Delay to pay water and electricity for over one month. 9.1.8 Influence normal operational order of Party A’s park area. 9.2 During term of lease, if Party B has any of the above acts, it shall agree unconditionally Party A to take the following measures: 9.2.1 Party A will immediately send early termination of contract to Party B, and at the same time take compulsory measures including turning off power supply and cutting off water supply for area leased by Party B; losses caused to Party B on aspect of operation thereof shall be assumed voluntarily. 9.2.2 Party B shall move extra articles put in the leased area within ten days after Party A sends out termination of contract and return the leased premises to Party A; both parties shall terminate lease contract in advance. 9.2.3 If Party B fails to complete formalities for hand-over of premises in the following day of the ten days after Party B notifies the early termination of contract and there are still articles in the premises, Party A will dispose the articles left in the premises as ownerless articles, including but not limited to discarding, selling off, using or removing etc, Party B has no right to claim and Party A will not compensate in any form. 9.2.4 Party A shall deduct the performance bond paid by Party B as liquidated damages. 9.2.5 Party A reserves the right of recourse for the violation of this Contract of Party B. 9.3 In the process of using the premises, if Party B is unable to produce or operate and needs to terminate this Contract in advance due to policy reason such as municipal planning and removal & relocation or force majeure such as natural disaster etc, both parties shall not hold liable to each other. If policy on removal & relocation contains compensation related to decoration or equipment removal etc, such compensation shall be assigned to the parties involved according to national provisions and this Contract shall terminate naturally.

Rescission of Contract. 9.1 During term 13.1 By consensus between both parties, this Contract can be rescinded. 13.2 Where this Contract cannot be performed due to force majeure events (earthquake, fire, flood, government resettlement etc.), this Contract will be rescinded automatically and both parties will not bear the liability for breach of contract; the user fee for commercial space prepaid by Party B to Party A will be deducted according to actual period of use, if and the rest together with the security deposit will be refunded to Party B without interest. 13.3 Provided Party A has any one of the following circumstances, Party B is entitled to rescind the contract unilaterally, and Party A shall refund all charges and security deposit paid by Party B. 13.3.1 Fail to deliver the Shop in due time for over 30 days. 13.3.2 The Shop delivered is not in conformance to the contract agreement or materially affects the safety of Party B. 13.4 Unless otherwise agreed herein, provided Party B has any one of the following breaching acts, Party B has the right to notify Party B the termination of this Contract unilaterally (the date for termination of contract specified in notice on termination of contract received by Party B from Party A shall be the date of early termination of this Contact), take back the premises and take necessary measures. Decoration and finishing losses caused to Party B thereof shall be assumed by Party B voluntarily. Besidescircumstances, Party A shall pay one month’s rent is entitled to rescind the contract unilaterally: 13.4.1 Any of current year the payables is in arrears for over 7 days. 13.4.2 Fails to Party A as liquidated damages use the Shop according to the provisions of this Contract. 9.1.1 Change application of the premises specified in this Contract without permission or conduct illegal activities with this premises. 9.1.2 Dismantle building structure without written approval of Party A, or damage the premisesagreed use, and fails to correct and repair within stipulated time upon the after receiving written notice of from Party A.A for 2 times. 9.1.3 Transfer 13.4.3 Utilizes the premises Shop to other person for the purpose of using and operating without written approval of Party A. 9.1.4 Delay to pay rent for over 15 days accumulatively without written approval of Party A. 9.1.5 Without business certificateengage in illegal activity, or not meet requirements on fire preventioncivil trespass, environmental protectioninfringement of intellectual property rights, or damage of public security and disease prevention etcinterests. 9.1.6 Severely violate Property Management Service Agreement and relevant rules for 13.4.4 Without the implementation. 9.1.7 Delay to pay water and electricity for over one month. 9.1.8 Influence normal operational order consent of Party A’s park area, arbitrarily not to open the door or turn on the lights for 6 hours accumulatively during normal business hours. 9.2 During term 13.4.5 Without written consent of leaseParty A, if arbitrarily transfers the use of the shop to a third party or engages in such action in a disguised way; 13.4.6 Seriously violates the rules and regulations formulated by Party A pursuant to law or refuses to comply with the management of Party A; 13.4.7 Being exposed by any news media and thereby causes adverse effects. 13.4.8 Takes the lead in inciting other commercial tenants to gather a crowd to boycott the management of the Mall; 13.4.9 The behavior of Party B has any or its representative, employee etc. affects the reputation of the above acts, it shall agree unconditionally Party A or the Mall, and fails to actively take the following measures:measures to eliminate adverse effects effectively; 9.2.1 Party A will immediately send early termination 13.4.10 Early rescission of contract is needed due to Party B, and at the same time take compulsory measures including turning off power supply and cutting off water supply for area leased by Party B; losses caused to Party B on aspect of operation thereof shall be assumed voluntarily. 9.2.2 Party B shall move extra articles put in the leased area within ten days after Party A sends out termination of contract and return the leased premises to Party A; both parties shall terminate lease contract in advance. 9.2.3 If Party B fails to complete formalities for hand-over of premises in the following day of the ten days after Party B notifies the early termination of contract and there are still articles in the premises, Party A will dispose the articles left in the premises as ownerless articles, including but not limited to discarding, selling off, using or removing etc, Party B has no right to claim and Party A will not compensate in any form. 9.2.4 Party A shall deduct the performance bond paid by Party B as liquidated damages. 9.2.5 Party A reserves the right of recourse for the violation of this Contract own reasons of Party B. 9.3 In the process of using the premises, if Party B is unable to produce or operate and needs to terminate this Contract in advance due to policy reason such as municipal planning and removal & relocation or force majeure such as natural disaster etc, both parties shall not hold liable to each other. If policy on removal & relocation contains compensation related to decoration or equipment removal etc, such compensation shall be assigned to the parties involved according to national provisions and this Contract shall terminate naturally.