When it comes to contracts, it's important to understand what consequences might arise if one party fails to uphold their end of the agreement. In the provided clause, it outlines the obligations of Company X in the event they breach the contract.

Here's a step-by-step breakdown:

  1. Breach of Agreement: This refers to a situation where Company X does not fulfill the terms outlined in the agreement. Breach can happen for various reasons, like failing to deliver a product on time, not meeting quality standards, or other violations of the agreement.
  2. Compensation Obligation: The clause states that Company X is required to compensate Aztoys International and Azbookvarik Land LLC. This means they must provide financial reparation for any damages caused by the breach.
  3. Actual Costs: The term 'actual costs' signifies that the compensation should reflect the real expenses incurred during the development of the product. It emphasizes that this is not a penalty, but rather a reimbursement for funds already spent.
  4. Development Costs Covered: Specifically, it mentions several cost categories:
    • 3D Model and Artwork Creation: This includes any expenses related to designing the product digitally, such as hiring designers or purchasing software.
    • Prototype and/or Mold Manufacturing: This covers costs associated with creating physical samples or production molds necessary for making the product. These could involve material costs, labor, and machining fees.

In summary, this clause asserts that if Company X fails to adhere to the contract terms, they must reimburse Aztoys International and Azbookvarik Land LLC for the various costs they incurred during the product development process. It's a standard provision meant to protect the interests of the companies that invest resources. Understanding such clauses is crucial for making informed decisions in business agreements.


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