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What will happen if Haiyan intends to withdraw the rent without paying the liquidated damages?
Legal analysis: If the observant party requires the defaulting party to bear the liability for breach of contract, it must require the defaulting party to have breached the contract and there is no statutory or agreed exemption. Therefore, the observant party can only ask the defaulting party to bear the liability for breach of contract if the defaulting party has breached the contract and is at fault.
Legal basis: Article 577 of the Civil Code of People's Republic of China (PRC). If one party fails to perform its contractual obligations or fails to meet the contract obligations, it shall bear the liabilities for breach of contract such as continuing to perform, taking remedial measures or compensating for losses.
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