Violation Liabilities. 1. Party B shall be liable for any economic losses that result from any criminal offense or illegal act of Party B or suspension of driver’s license due to drunk driving, intoxicated driving, drugged driving, traffic casualties and escaping, major traffic accidents. If Party A suffers any economic loss therefrom, it can ask Party B to make full compensation and may terminate this Agreement. Should Party A decide to terminate this Agreement, it may request for remedies due to Party B’s breach of contract as per Paragraph 3 hereof. 2. Without Party A’s written consent, Party B shall not transfer the automobile to a third party; otherwise, Party A has the right to terminate this Agreement. Should Party A decide to terminate this Agreement, it may request for remedy for Party B’s breach of contract as per Paragraph 3 hereof. 3. When Party A terminates this Agreement pursuant to laws or this Agreement due to Party B’s breach of contract, or Party B terminates this Agreement unilaterally without right of statutory rescission or right of rescission herein, Party B shall pay the unpaid affiliation service fees within the term of this Agreement in lump sum (calculation formula: total affiliation service fees - fees that have been paid) and other payables. In addition, Party B shall also pay liquidated damages of RMB 8,000 (RMB EIGHT THOUSAND Only). If the liquidated damages cannot compensate Party A’s loss thus caused, Party B shall make further compensation. 4. Where Party B is unable to repay or stop repaying the principal and interests of the Lender’s loan due to its own cause, he/she shall inform Party A, deliver the automobile to Party A and sign an agreement on automobile return. If Party B cannot make delivery of automobile due to its own cause, Party A has the right to collect the automobile directly. Upon receipt of the automobile, Party A can dispose it and offset the loss with the income acquired through disposal. 5. If Party B breaches this Agreement, Party A has the right to request Party B to compensate the relevant cost caused by Party B’s breach, including but not limited to, loss payment, investigation fees, attorney’s fees, identification fees, traveling expenses, legal fees, enforcement fees, announcement fees, preservation fees, property disposal costs, ownership transfer fees, penalty of traffic violation, liquidated damages and other fees paid by realizing creditor’s rights. The total affiliation service fees as stipulated in this Agreement are RMB (RMB Only)
Appears in 1 contract
Sources: Automobile Affiliation Agreement (Senmiao Technology LTD)
Violation Liabilities. 1. In case of failing to pay Party A rent in due time, Party B shall be liable pay Party A liquidated damages which are 0.3% of the total payables for any economic losses that result from any criminal offense or illegal act of Party B or suspension of driver’s license due to drunk driving, intoxicated driving, drugged driving, traffic casualties and escaping, major traffic accidentseach day overdue. If Party B delays in paying Party A suffers any economic loss therefromrent for at least 15 days, it can Party A is entitled to terminate this Contract, take back this Premise, ask Party B to make full compensation pay the fees owed and may terminate this Agreement. Should Party A decide to terminate this Agreement, it may request liquidated damages arising therefrom and will not refund the rent for remedies due to Party B’s breach the rest term of contract as per Paragraph 3 hereoflease.
2. Without Party B is seen as a breach of this Contract if subleasing this Premise to a third party without Party A’s written consent, Party B shall not transfer the automobile to a third party; otherwise. In such case, Party A has the right is entitled to terminate this Agreement. Should Party A decide to terminate Contract unilaterally, take back this Agreement, it may request Premise and will not refund the rent for remedy for Party B’s breach the rest term of contract as per Paragraph 3 hereoflease.
3. When Where Party B goes against the property management systems, Party A terminates or the property management company of this Agreement pursuant Premise is entitled to laws stop Party B’s illegal behaviors and ask it to make rectification, recover the damaged part to the original status and compensate the loss within a time limit; Party B shall also bear all the legal liabilities arising therefrom.
4. If Party A terminate this Contract unilaterally with no just cause or Party B moves out of this Agreement Premise due to Party BA’s breach of contract, or Party B terminates this Agreement unilaterally without right of statutory rescission or right of rescission herein, Party B shall pay the unpaid affiliation service fees cause within the term of lease, Party A shall pay Party B liquidated damages which are 10% of the total contract price and refund Party B the rent for the rest term of lease and deposit.
5. If either party refuses to perform the contractual obligations stated herein or violates the contents of the terms, causing any loss to the counterparty or the prior termination of this Agreement in lump sum (calculation formula: total affiliation service fees - fees that have been paid) Contract, the default party shall bear the observant party’s entire economic losses and other payableslegal responsibilities.
6. Party A is seen as a breach of this Contract, if a third party claims right against Party B or hinders Party B from using this Premise. In additionsuch case, Party B is entitled to terminate this Contract, and Party A shall also pay Party B liquidated damages which are 10% of the total contract price.
7. Party A shall assist Party B in dealing with company registration. If Party A refuses to offer assistance within three working days after receiving Party B’s written notice, Party A is seen as a breach of this Contract. Party B can charge liquidated damages which are ▇▇▇ ▇▇▇ for each day overdue from Party A. If Party A fails to offer assistance for more than five working days overdue, Party B is entitled to terminate this Contract and ask Party A to pay liquidated damages which are 10% of RMB 8,000 (RMB EIGHT THOUSAND Only)the total contract price. If the liquidated damages cannot compensate Party AB’s loss thus causedloss, Party B shall make can ask Party A for further compensation.
4. Where Party B is unable to repay or stop repaying the principal and interests of the Lender’s loan due to its own cause, he/she shall inform Party A, deliver the automobile to Party A and sign an agreement on automobile return8. If Party B cannot make delivery of automobile due to its own causethe observant party files a lawsuit against the default party, Party A has the right to collect the automobile directly. Upon receipt of the automobile, Party A can dispose it and offset the loss with the income acquired through disposal.
5. If Party B breaches this Agreement, Party A has the right to request Party B to compensate all the relevant cost caused by Party B’s breachfees arising therefrom, including but not limited tosuch as legal fare, loss payment, investigation fees, attorney’s fees, identification fees, traveling expenses, legal fees, enforcement fees, announcement fees, attorney fees and preservation fees, property disposal costs, ownership transfer fees, penalty of traffic violation, liquidated damages and other fees paid shall be borne by realizing creditor’s rights. The total affiliation service fees as stipulated in this Agreement are RMB (RMB Only)the default party.
Appears in 1 contract