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Why didn't the company show the contract first?
Article 110 Liability for Breach of Non-monetary Debt of China If one party fails to perform the non-monetary debt or the performance of the non-monetary debt is not in conformity with the agreement, the other party may demand performance, except for one of the following circumstances: (1) It cannot be performed legally or in fact; (2) The subject matter of the debt is not suitable for compulsory performance or the cost of performance is too high; (3) The creditor fails to demand performance within a reasonable time limit.
A cooperation agreement is usually valid if there is no invalid reason stipulated by law. If the anchor wants to terminate the cooperation, it needs to negotiate with both parties of the company, and the agreement can be terminated after successful negotiation. However, it is rare for the company to agree to terminate the agreement (it may be profitable through liquidated damages). If the anchor unilaterally terminates the agreement, it will pay liquidated damages.
Secondly, the problem of liquidated damages generally cannot exceed 30% of the losses caused, and you can apply to the court for appropriate relief. If the anchor only goes for a few days, leaving will not cause too much loss, and the liquidated damages should be reduced. However, if there are many anchor fans and the company digs the anchor heavily, it intends to support the anchor wholeheartedly, and the liquidated damages will not drop too little.
According to Article 114 of China's Contract Law, the breaching party may agree that one party shall pay a certain amount of liquidated damages to the other party according to the breach of contract, and may also agree on the calculation method of the amount of damages caused by breach of contract. If the agreed liquidated damages are lower than the losses caused, the parties may request the people's court or arbitration institution to increase them; If the agreed liquidated damages are excessively higher than the losses caused, the parties may request the people's court or arbitration institution to reduce them appropriately.
Paragraph 2 of Article 29 of Judicial Interpretation II of Contract Law stipulates: "If the liquidated damages agreed by the parties exceed 30% of the losses caused, it can generally be regarded as' excessively higher than the losses caused' as stipulated in paragraph 2 of Article 114 of the contract law."
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