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| SECTION XII: Breach | The participants agree to declare any maternal breast or allegation of any material breach in writing to the breaching party during a reasonable period of time after the non – breaching participant becomes aware of the breach.
In case if the nature of an alleged breach is of a such character, that it is not possible to be cured reasonably, or in case if it can be cured, however the breaching party does not manage to cure the breach during the reasonable period of time after the notification takes place, this surrogacy agreement may be terminated immediately by the non – breaching participant by providing written notice of termination, by certified mail, without any further liability or responsibility by the non – breaching participant.
The surrogate mother is to agree to refund all expenses, which were paid to her by the genetic father and the surrogate mother, in case if she breaches any material portion of this surrogacy agreement, for example:
1. if the surrogate mother aborts her pregnancy in violation of this surrogacy agreement and without having the consent of the genetic father and the intended mother;
2. if the surrogate mother conducts anything in a manner, which is dangerous to the well being of the unborn child / children by failing to follow the directions of her physician, using any medications or drugs, which are not prescribed by her doctor, using any tobacco production, using alcohol, making attempts to inflict harm to the unborn child / children intentionally, or acquiring some venereal disease during the pregnancy term;
3. if the surrogate mother provides false or misleading information to any physician or psychotherapist;
4. if the surrogate mother becomes pregnant before the embryo transfer procedure is conducted;
5. if the surrogate mother does not manage to conduct the timely cooperation with all necessary legal procedures to effect the intent and objective of this surrogacy agreement, and establish the genetic father and the intended mother as the legal parents of the child / children;
6. if the surrogate mother fails to relinquish custody of the child / children, born in the result of this surrogacy agreement;
7. if the surrogate mother violates any other provision of this surrogacy agreement.
In case if the surrogate mother breaches this surrogacy agreement of if she fails to fulfill her obligation, then:
1. she relinquishes her entitlement to the payment of all expenses to her, and in case if she has already received the benefit or some part of it, she is to refund the money to the genetic father and the intended mother immediately;
2. she becomes responsible for any monetary expenses, which are incurred by the genetic father and the intended mother, including, however, not limited to, all medical expenses, all psychological expenses, all travel expenses as well as all legal expenses;
3. she is considered to be liable for all expenses, which were incurrent incident to this surrogacy agreement already;
4. the surrogate mother is considered to be liable for all necessarily incurred legal expenses to effect the intent and objective of this surrogacy agreement, and establish the genetic father and the intended mother as the legal parents of the child / children.
The genetic father and the intended mother are to agree to pay all anticipated expenses of their surrogate mother as well as the expenses, the surrogate mother would have been entitled to pursuant to this surrogacy agreement, in case if they breach any material portion of this surrogacy agreement, for example:
1. if they do not manage or refuse to pay all expenses or part of it to the surrogate mother, as it was agreed;
2. refuse to accept the child / children rights away after his / their arrival, unless a blood test excludes the genetic father as being the biological father of the child / children, or unless the hospital is found to be at fault for the resulting breach;
3. falsify or omit any kind of material information, which has anything to do with the questions, contained in this surrogacy agreement, or in any other document, worked out in the anticipation of the intent and objective of this surrogacy agreement intentionally;
In case if the genetic father and / or the intended mother breach this surrogacy agreement, then they are to agree to become obligated to do the following:
1. to pay all real expenses, subject to the limitations of Section IX of this surrogacy agreement, of the surrogate mother incurred to the date of breach, provided the surrogate mother is not pregnant;
2. to pay all child support costs in accordance with the law upon the arrival of the child / children;
3. to pay for all reasonable expenses, related to placing the child / children for adoption, in case if the surrogate mother wished to place the child / children for adoption;
4. to pay all legal fees, which are associated with the enforcement of this surrogacy agreement;
5. to pay all legal fees of the surrogate mother to defend against collection suits for unpaid medical bills.
If there occurs the exclusion of the genetic father as a biological parent of the child / children, or the inclusion of the surrogate mother as a parent of the child / children by either maternity or paternity testing shall constitute a material breach on the part of the surrogate mother except in case that any action of the treating doctor was the causative factor, resulting in exclusion of the genetic father as a parent of the child / children. Absent a causative factor by the treating physician, the genetic father and the intended mother have no obligations whatsoever is connected with the child / children, and all expenses, paid by them on behalf of the surrogate mother shall be reimbursed.
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