"Breaching Party" shall have the meaning set out in Article 16.1.

“违约方”应具有第16.1条中所给出的含义。

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The disputes between the breaching party and the third party shall be settled pursuant to law or by agreement.

当事人一方和第三人之间的纠纷，依照法律规定或者按照约定解决。

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Any reasonable expense incurred by the other party in preventing further loss shall be borne by the breaching party.

当事人因防止损失扩大而支出的合理费用，由违约方承担。

youdao

The non-breaching party must prove its damages providing evidence establishing to a reasonable certainty the nature and extent of the probable loss it has sustained or will in the future sustain.

FORBES: Oakley v. Rory McIlroy and Nike: Enforcing Rights Of First Refusal In Endorsement Agreements

In other words, in the eyes of the law, it would not be fair or reasonable to increase the amount of monetary damages payable by a breaching party by having it be responsible for losses of the aggrieved party that are reasonably avoidable.

FORBES: Oakley v. Rory McIlroy and Nike: Enforcing Rights Of First Refusal In Endorsement Agreements