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2025-05-17 18:41本頁面
  

【正文】 s failure to take appropriate measures increases the damages, it shall not be entitled to claiming pensation for the increased damages. ? (6)If a party fails to perform the contract or its performance of the contractual obligations does not conform to the agreed terms and thereby causes damage to the other party, the amount of damage pensation shall be equivalent to the damage caused by the breach of the contract, including the obtainable gains from the performance of the contract, but not exceeding the amount of damage possibly caused by the breach of the contract which was foreseen or should have been foreseen by the violating party at the time of the conclusion of the contract… 。 ? (5)If the contractually agreed breach of contract damages are far more or far less than is necessary to pensate for the losses resulting from the breach, the party concerned may request an arbitration body or a court to reduce or increase them appropriately. ? 約定的違約金過分高于或低于違反合同所造成的損失的,當(dāng)事人可以請求仲裁機(jī)構(gòu)或者法院予以適當(dāng)減少或者增加。 ? (3)Where either party is liable in damages to the other, these shall not exceed the damage which the party in default could reasonably have foreseen at the time of the formation of the contract. ? 凡一方對另一方損害負(fù)有賠償責(zé)任時,其賠償不應(yīng)超過有錯的一方在訂立合同時能夠合理地預(yù)見到的損失。當(dāng)事人應(yīng)當(dāng)按照約定履行自己的義務(wù),不得擅自變更或者解除合同。 ? (d) The Licensee will, at the request of the Licensor and at the Licensor’ s expense, give full cooperation to the Licensor in any action or claim brought or threatened to be brought in respect of the Licensed Trademarks, including joining in as a party to any proceedings. ? 對于就受許可商標(biāo)提起或擬將提起的訴訟或索賠,應(yīng)許可方要求并由許可方支付費(fèi)用,被許可方將給予充分合作,包括作為當(dāng)事人參與任何訴訟。 ? (c)The Licensor shall conduct all legal proceedings in respect of any infringement or alleged infringement of the Licensed Trademarks and any claim or counterclaim brought or threatened to be brought in connection with the use or registration of the Licensed Trademarks and shall in its absolute discretion decide what
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