12.1 If the Buyer fails to make payment and/or fails to open and deliver the agreed letter of credit (L/C) to the Seller within the period as provided for in Clause 3, it shall pay the Seller liquidated damages at the rate of 8/10000 of the unpaid amount and/or the L/C amount for each day delayed. However, the liquidated damages shall not be less than 5/1000 of the Contract Price. If the Buyer delays any payment hereunder and/or fails to open and deliver the L/C over one hundred and twenty (120) days, the Seller may terminate this Agreement and claim liquidated damages with an amount of twenty percent (20%) of the Contract Price. In this case, the Buyer shall have no right to demand the refund of any advance payment paid up already. The Buyer shall also bear all damages and losses occurred to the Seller as a result of the termination of this Agreement.