Commitment and Guarantee. Party A guarantees that it has right to provide the above-mentioned site for use (including air conditioners, power supply, utilities equipment and other relevant auxiliary facilities within) for Party B. If any third party, in any condition and for any reason, takes objection to Party A’s ownership and/or right of use with the above-mentioned site or assets, and hence Party B’s rights under this annex cannot be fulfilled or are subject to any harm, Party A agrees to undertake and pay all the losses incurred to Party B. Party A promises to provide Party B’s auditors with the accounting records about Party A and its associated personnel concerning the associated transaction.
Commitment and Guarantee. 5.1 Each Party hereto represents, warrants and undertakes to the other Party that this Agreement is valid, effective and equally binding to the two Parties.
5.2 Party B guarantees that it has the right to provide Party B’s Premises to Party A for use. Where, in any occasion or for any reasons, Party B’s property right and/or right of use to the premises is exposed to any objection, which causes Party A’s failure to realize its right of use under this Agreement or any other damages, Party B shall compensate Party A for any and all direct economic losses thus incurred to Party A.
5.3 Party A guarantees to compensate any and all direct economic losses where Party B’s Premises are damaged intentionally by Party A.
5.4 Party B guarantees that Party B’s Premises provided and delivered to Party A for use be in good conditions as required by Party A. Party B shall conduct regular inspection and repairs to these premises. Where Party A suffers any loss during the use of Party B’s Premises due to the poor management of Party B, the latter shall compensate any and all direct economic losses thus incurred to Party A.
5.5 Party B guarantees that the comprehensive management services provided by Party B shall be in conformity to the state standards and industrial criterion and meet the following basic requirements:
5.5.1 Equipments & facilities To ensure normal operation of the equipments and facilities, Party B shall improve its operation system for equipments and facilities, set up a filing system on equipments and facilities, strengthen its routine inspection and patrol, and upkeep its regular maintenance.
5.5.2 Environment & sanitation All-day cleanliness shall be kept; offices, business locations, corridors and courtyards remain tidy, sanitary and no garbage or sundries are allowed to be piled around; any problem discovered shall be solved in time.
Commitment and Guarantee. 7.1 Party A hereby declares and guarantees as follows:
7.1.1 It is a limited liability company properly registered and legally existing under the law of the place of registration. It has an independent legal entity qualification and has the complete and independent legal status and legal capacity to execute, deliver and perform this Agreement and may act as the subject of litigation independently.
7.1.2 It has full internal powers and authorizations for the signing and delivery of this Agreement and all other documents relating to the transactions referred to in this Agreement that it will sign, and it has full power and authority to complete the transactions described in this Agreement. This Agreement is legally and properly signed and delivered. This Agreement constitutes a legal and binding obligation on it and may be enforceable under the terms of this Agreement.
7.2 Party B hereby declares and guarantees as follows:
7.2.1 It is a limited liability company properly registered and legally existing under the law of the place of registration. It has an independent legal entity qualification and has the complete and independent legal status and legal capacity to execute, deliver and perform this Agreement, and may act as the subject of litigation independently.
7.2.2 It has full internal powers and authorizations for the signing and delivery of this Agreement and all other documents relating to the transactions referred to in this Agreement that it will sign, and it has full power and authority to complete the transactions described in this Agreement. This Agreement is legally and properly signed and delivered. This Agreement constitutes a legal and binding obligation on it and may be enforceable under the terms of this Agreement.
7.2.3 When the Agreement comes into force, it has the complete operating license required for its operation and has full rights and qualifications to conduct the business of Party B that it is currently engaged within the territory of China.
7.2.4 It shall promptly notify Party A of the lawsuits and other unfavorable circumstances and shall make its best efforts to prevent the loss from expanding.
7.2.5 Without the written consent of Party A, Party B shall not dispose of Party B’s important assets in any form, nor shall it change the existing shareholding structure of Party B.
7.2.6 It shall not enter into transactions that may materially affect Party B’s assets, liabilities, business operations, shareholding structure, equity he...
Commitment and Guarantee. 2.1 Party B guarantees that Party B possesses all qualifications necessary for transactions hereunder, whereby it’s entitled to carry out transactions hereunder and such conduct doesn’t violate provisions of laws and regulations of the People’s Republic of China and other regulatory and legal documents with binding effect.
2.2 Party A guarantees that Party A possesses all qualifications necessary for transactions hereunder, whereby it’s entitled to carry out transactions hereunder and such conduct doesn’t violate provisions of laws and regulations of the People’s Republic of China and other regulatory and legal documents with binding effect.
2.3 The Parties undertake that their authorized representatives have been fully authorized to sign this Agreement and execution and performance hereof comply with laws and their articles of association, requiring no approval of or filing with any third party.
Commitment and Guarantee. 5.1 Each Party hereto represents, warrants and undertakes to the other Party that this Agreement is valid, effective and equally binding to the two Parties.
5.2 Party B guarantees that it has the right to provide Party B’s Premises to Party A for use. Where, in any occasion or for any reasons, Party B’s property right and/or right of use to the premises is exposed to any objection, which causes Party A’s failure to realize its right of use under this Agreement or any other damages, Party B shall compensate Party A for any and all direct economic losses thus incurred to Party A.
5.3 Party A guarantees to compensate any and all direct economic losses where Party B’s Premises are damaged intentionally by Party A.
5.4 Party B guarantees that Party B’s Premises provided and delivered to Party A for use be in good conditions as required by Party A. Party B shall conduct regular inspection and repairs to these premises. Where Party A suffers any loss during the use of Party B’s Premises due to the poor management of Party B, the latter shall compensate any and all direct economic losses thus incurred to Party A.
5.5 Party B guarantees that the comprehensive management services provided by Party B shall be in conformity to the state standards and industrial criterion and meet the following basic requirements:
Commitment and Guarantee. 4.1 The Parties undertake and guarantee that: (i) the party has the qualification and ability to enter into and perform this contract, and the person signing this contract on behalf of the party has been fully authorized to enter into this contract on behalf of the party; (ii) the party entering into and performing this contract does not violate its articles of association, other organizational documents, laws, regulations, financial rules, and other legal documents that it shall comply with, and has obtained any necessary internal and external authorization Licensing and filing procedures shall be carried out to ensure that this contract is legally binding on the party and can be enforced in accordance with the law.
4.2 The borrower undertakes and guarantees to fulfill the following obligations before the completion of this contract:
(1) The Borrower is always a legal entity established according to law and maintains a legal existence status, and will complete the annual inspection (if necessary) and other legal procedures in time, with good credit status and no major bad records. Before signing this Contract and before each application for withdrawal, the Borrower will truthfully and completely provide its financial and operating status and other important information related to this Contract to Bank of Beijing;
(2) Having sufficient and legal repayment sources that match the repayment plan, and having sufficient solvency;
(3) Production and operation are legal and compliant, complying with and meeting the environmental protection standards and requirements stipulated by laws, regulations, and other normative documents, as well as tax payment regulations and other regulations, and obtaining necessary approvals and permits in a timely, legal and effective manner;
(4) Timely provide complete, truthful, and effective materials to Bank of Beijing, accept and actively cooperate with Bank of Beijing’s inspection and supervision of its financial and operational status, as well as the payment and use of loans under this contract, including but not limited to: (i) reasonably explain the flow of funds for each loan under this contract as required by Bank of Beijing, provide relevant payment vouchers and basis, and prove compliance with the provisions of this contract, (i) Provide Beijing Bank with its audited complete financial statements (including notes) and audit report for the previous year before the end of April each year, and provide Beijing Bank with copie...
Commitment and Guarantee. 6.1 XFL undertakes that the administrative services shared with XFM shall be at the same standard and level of quality as the administrative services enjoyed by XFL and other members of the XFL Group.
6.2 XFL undertakes that XFL shall promptly inform XFM if, for any reason (save as XFM's fault), XFM is unable to receive all or part of the administrative services to be shared with XFM under this Agreement, and make every effort to assist XFM in obtaining the same or similar services from other channels.
6.3 XFM undertakes that it will pay to XFL its proportionate share of administrative costs in strict conformity with the means and term as agreed upon in this Agreement.
6.4 XFM undertakes to accept the administrative services provided by XFL as agreed upon in this Agreement, and provide all necessary conditions and assistance, and not to cause any damages to XFL due to its act or omission.
Commitment and Guarantee. I hereby agree to everything stated in section 2.1 of this agreement above and undertake to operate accordingly.
Commitment and Guarantee. 3.1 Each Party hereto represents, warrants and undertakes to the other Party that this Agreement is valid, effective and equally binding to the two Parties.
3.2 Party A undertakes that the administrative services shared with Party B shall be at the same standard and level of quality as the administrative services enjoyed by Party A.
3.3 Party A undertakes that Party A shall promptly inform Party B if, for any reason (save as Party B’s fault), Party B is unable to receive all or part of the administrative services to be shared with Party B under this Agreement, and make every effort to assist Party B in obtaining the same or similar services from other channels.
3.4 Party B undertakes that it will pay to Party A its proportionate share of administrative costs in strict conformity with the means and term as agreed upon in this Agreement.
3.5 Party B undertakes to accept the administrative services provided by Party A as agreed upon in this Agreement, and provide all necessary conditions and assistance, and not to cause any damages to Party A due to its act or omission.
Commitment and Guarantee. 4.1 Parties of the Agreement are enterprise legal persons established and exiting in accordance with law and obtaining all authorization, approval and recognition for the increase in capital and share.
4.2 Parties of this Agreement have the right and ability to sign this Agreement. The Agreement shall have legal binding on all parties once being signed.
4.3 Obligations of parties of this Agreement are legal and valid. The fulfillment of obligations may not conflict with other agreement obligations undertaken by all parties nor violate any law.
4.5 The target company guarantees that it’s established and existing in accordance with law, there are no major illegal matters that may cause major administrative penalty or criminal responsibility before the Agreement is signed.
4.6 Parties of the Agreement agree to modify the Articles of Association of the target company as per this Agreement.
4.7 Parties of this Agreement shall sign relevant documents after the Agreement is reached, provide relevant materials and complete industrial and commercial change registration formalities of the target company as quickly as possible.
