I. Conditions for Termination of the Contract
Conditions for the termination of the contract shall be clearly stipulated in the contract, such as the expiration of the contract period, the termination of the contract by both parties through consultation, and the inability to perform the contract due to force majeure. When these circumstances occur, Party A has the right to terminate the contract, and Party B shall not be regarded as a breach of contract.
Second, the default clause.
The contract should also stipulate the terms of breach of contract, and clarify the definition, responsibility and treatment of breach of contract. If Party B breaches the contract, fails to perform its obligations or violates the contract during the performance of the contract, Party A has the right to require Party B to bear the corresponding liabilities for breach of contract according to the breach clauses.
Three. Reasons for Party A's Termination of the Contract
There are many reasons for Party A to terminate the contract, which may be Party B's breach of contract or other reasons, such as Party A's own business needs and changes in the market environment. If Party A terminates the contract due to Party B's breach of contract, Party B shall bear the corresponding liabilities for breach of contract; If Party A terminates the Contract for other reasons and meets the termination conditions agreed in this Contract, Party B shall not be deemed as a breach of contract.
Four. Dispute mediation
In case of any dispute during the performance of this contract, both parties shall first settle it through consultation. If negotiation fails, the dispute can be settled by arbitration or litigation according to the contract. In the process of dispute settlement, the court or arbitration institution will judge whether Party B constitutes a breach of contract according to this Contract and relevant laws and regulations.
To sum up:
Whether Party A terminates the contract shall be regarded as a breach of contract, which shall be judged according to the termination conditions and breach of contract terms agreed in the contract. If Party B has not breached the contract, and Party A's dissolution of the contract meets the conditions agreed in the contract, then Party B shall not be deemed to have breached the contract. On the other hand, if Party B breaches the contract, Party A has the right to require Party B to bear the liability for breach of contract according to the terms of breach of contract.
Legal basis:
Contract law of the people's Republic of China
Article 9 1 stipulates that:
In any of the following circumstances, the rights and obligations of the contract shall be terminated:
(a) The debt has been performed in accordance with the contract;
(2) Termination of the contract;
(3) The debts offset each other;
(4) The debtor shall deposit the subject matter according to law.
(5) Exempting creditors from their debts;
(6) Creditor's rights and debts are owned by one person;
(seven) other circumstances stipulated by law or agreed by the parties to terminate.
Contract law of the people's Republic of China
Article 107 stipulates:
If one party fails to perform the contractual obligations or fails to meet the contractual obligations, it shall be liable for breach of contract, such as continuing to perform, taking remedial measures or compensating for losses.