Effectiveness, Change and Termination of this Agreement. 10.1 During the cooperative period, the relevant management rules and customer service rules formulated by Party A in respect of the game business hereunder shall be deemed as supplemental annex hereto. In case of any conflict between the terms and condition of this Agreement and the management rules, the management rules shall prevail. The Parties may otherwise conduct negotiation on the conflicting clauses in order to execute a supplementary agreement. 10.2 If any party to this Agreement intends to change or terminate this Agreement, it shall notify the other party fifteen (15) days in advance. Parties may change and terminate this Agreement upon amicable consultations, and the Parties hereto may settle the disputes arising from the termination through amicable consultations. 10.3 During the validity period of this Agreement, if the competent authority concerned of Party A releases new rate polices or issues new relevant documents conflicting with this Agreement, the Parties may change or terminate this Agreement through amicable consultations. 10.4 Any matters not covered herein may be supplemented in writing to this Agreement upon amicable consultations between the Parties. 10.5 This Agreement shall be governed by the laws of the People’s Republic of China. Any and all disputes arising from or in respect of this Agreement shall be settled through amicable consultations between the Parties, failing which, either party is entitled to submit it to Nanjing Arbitration Committee for arbitration in accordance with its then-effective arbitration rules. The arbitration award is final and conclusive, which has binding force upon both Parties hereto. 10.6 The performance period of this Agreement is from Sep. 21st, 2009 to Sep. 20th, 2010. If the Parties hereto, within thirty (30) days prior to the expiration of this Agreement, do not raise any requirements in writing regarding the termination of this Agreement upon the expiation of this Agreement, then this Agreement shall be renewed automatically for a period of six (6) months, and so on, the times of renewal are not limited and each length of renewal is six (6) months. If one party raises any objections, it shall notify the other party in writing thirty (30) days prior to the expiration of this Agreement or the renewal, and this Agreement will terminate upon the expiration hereof. After the termination of this Agreement, the Parties shall properly deal with the post-termination matters. This Agreement will remain effective unless and until the Parties have fully performed all the obligations hereunder and all the payable accounts and claims have been settled. 10.7 Upon the termination of this Agreement, Party B shall assist Party A in dealing with the post-termination matters; and relevant responsible party shall be held liable for the complaints and claims raised by the users due to the termination of this Agreement. 10.8 This Agreement shall be made out in four copies (including the Letter of Commitment for Information Security attached hereto), three copies for Party A and one for Party B, all of which are of equal legal force and effect. 10.9 Any direct or indirect breach of any provision of this Agreement by one party, or any non-performance, untimely or inadequate performance of the obligations hereunder constitutes a breach of this Agreement, the abiding party has the right to require the breaching party by written notice to rectify its breach and take adequate, effective and timely actions to eliminate the consequences of such breach, and indemnify the abiding party for any and all the losses caused as a result of such breach. If the breaching party fails recitify its breach within ten (10) days upon receipt of a notice to rectify the breach, the abiding party shall have the right to terminate this Agreement in advance either by a XXXX notice (it shall be deemed served upon sending) or by a written notice, and hold the breaching party liable for its breach. 10.10 The previous cooperative agreement for game business SP signed by and between Party B and China Mobile Group Beijing Company Limited terminates as from the effective day of this Agreement.
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Samples: Cooperative Agreement, Cooperative Agreement (Kongzhong Corp)
Effectiveness, Change and Termination of this Agreement. 10.1 During the cooperative period, the relevant management rules and customer service rules formulated by Party A in respect of the game business hereunder shall be deemed as supplemental annex hereto. In case of any conflict between the terms and condition of this Agreement and the management rules, the management rules shall prevail. The Parties may otherwise conduct negotiation on the conflicting clauses in order to execute a supplementary agreement.
10.2 If any party to this Agreement intends to change or terminate this Agreement, it shall notify the other party fifteen (15) days in advance. Parties may change and terminate this Agreement upon amicable consultations, and the Parties hereto may settle the disputes arising from the termination through amicable consultations.
10.3 During the validity period of this Agreement, if the competent authority concerned of Party A releases new rate polices or issues new relevant documents conflicting with this Agreement, the Parties may change or terminate this Agreement through amicable consultations.
10.4 Any matters not covered herein may be supplemented in writing to this Agreement upon amicable consultations between the Parties.
10.5 This Agreement shall be governed by the laws of the People’s Republic of China. Any and all disputes arising from or in respect of this Agreement shall be settled through amicable consultations between the Parties, failing which, either party is entitled to submit it to Nanjing Arbitration Committee for arbitration in accordance with its then-effective arbitration rules. The arbitration award is final and conclusive, which has binding force upon both Parties hereto.
10.6 The performance period of this Agreement is from Sep. 21st, 2009 2010 to Sep. 20th, 20102011. If The parties shall consult with each other on the Parties hereto, within renewal of this Agreement thirty (30) days prior to its expiration, and if no objection arises, the expiration of this Agreement, do not raise any requirements in writing regarding the termination of parties shall renew this Agreement upon for the expiation of this Agreement, then this Agreement shall be renewed automatically for a period of six (6) months, and so on, the times of renewal are not limited and each length of renewal is six (6) months. If one party raises any objections, it shall notify the other party in writing thirty (30) days prior to the expiration of this Agreement or the renewal, and this Agreement will terminate upon the expiration hereof. next year.
10.7 After the termination of this Agreement, the Parties shall properly deal with the post-termination matters. This Agreement will remain effective unless and until the Parties have fully performed all the obligations hereunder and all the payable accounts and claims have been settled.
10.7 10.8 Upon the termination of this Agreement, Party B shall assist Party A in dealing with the post-termination matters; and relevant responsible party shall be held liable for the complaints and claims raised by the users due to the termination of this Agreement.
10.8 10.9 This Agreement shall be made out in four copies (including the Letter of Commitment for Information Security attached hereto), three copies for Party A and one for Party B, all of which are of equal legal force and effect.
10.9 10.10 Any direct or indirect breach of any provision of this Agreement by one party, or any non-performance, untimely or inadequate performance of the obligations hereunder constitutes a breach of this Agreement, the abiding party has the right to require the breaching party by written notice to rectify its breach and take adequate, effective and timely actions to eliminate the consequences of such breach, and indemnify the abiding party for any and all the losses caused as a result of such breach. If the breaching party fails recitify its breach within ten (10) days upon receipt of a notice to rectify the breach, the abiding party shall have the right to terminate this Agreement in advance either by a XXXX SXXX notice (it shall be deemed served upon sending) or by a written notice, and hold the breaching party liable for its breach.
10.10 The previous cooperative agreement for game business SP signed by and between Party B and China Mobile Group Beijing Company Limited terminates as from the effective day of this Agreement.
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Effectiveness, Change and Termination of this Agreement. 10.1 During the cooperative period, the relevant management rules and customer service rules formulated by Party A in respect of the game business hereunder shall be deemed as supplemental annex hereto. In case of any conflict between the terms and condition of this Agreement and the management rules, the management rules shall prevail. The Parties may otherwise conduct negotiation on the conflicting clauses in order to execute a supplementary agreement.
10.2 If any party to this Agreement intends to change or terminate this Agreement, it shall notify the other party fifteen (15) days in advance. Parties may change and terminate this Agreement upon amicable consultations, and the Parties hereto may settle the disputes arising from the termination through amicable consultations.
10.3 During the validity period of this Agreement, if the competent authority concerned of Party A releases new rate polices or issues new relevant documents conflicting with this Agreement, the Parties may change or terminate this Agreement through amicable consultations.
10.4 Any matters not covered herein may be supplemented in writing to this Agreement upon amicable consultations between the Parties.
10.5 This Agreement shall be governed by the laws of the People’s Republic of China. Any and all disputes arising from or in respect of this Agreement shall be settled through amicable consultations between the Parties, failing which, either party is entitled to submit it to Nanjing Arbitration Committee for arbitration in accordance with its then-effective arbitration rules. The arbitration award is final and conclusive, which has binding force upon both Parties hereto.
10.6 The performance period of this Agreement is from Sep. 21st, 2009 to Sep. 20th, 2010. If the Parties hereto, within thirty (30) days prior to the expiration of this Agreement, do not raise any requirements in writing regarding the termination of this Agreement upon the expiation of this Agreement, then this Agreement shall be renewed automatically for a period of six (6) months, and so on, the times of renewal are not limited and each length of renewal is six (6) months. If one party raises any objections, it shall notify the other party in writing thirty (30) days prior to the expiration of this Agreement or the renewal, and this Agreement will terminate upon the expiration hereof. After the termination of this Agreement, the Parties shall properly deal with the post-termination matters. This Agreement will remain effective unless and until the Parties have fully performed all the obligations hereunder and all the payable accounts and claims have been settled.
10.7 Upon the termination of this Agreement, Party B shall assist Party A in dealing with the post-termination matters; and relevant responsible party shall be held liable for the complaints and claims raised by the users due to the termination of this Agreement.
10.8 This Agreement shall be made out in four copies (including the Letter of Commitment for Information Security attached hereto), three copies for Party A and one for Party B, all of which are of equal legal force and effect.
10.9 Any direct or indirect breach of any provision of this Agreement by one party, or any non-performance, untimely or inadequate performance of the obligations hereunder constitutes a breach of this Agreement, the abiding party has the right to require the breaching party by written notice to rectify its breach and take adequate, effective and timely actions to eliminate the consequences of such breach, and indemnify the abiding party for any and all the losses caused as a result of such breach. If the breaching party fails recitify its breach within ten (10) days upon receipt of a notice to rectify the breach, the abiding party shall have the right to terminate this Agreement in advance either by a XXXX notice (it shall be deemed served upon sending) or by a written notice, and hold the breaching party liable for its breach.
10.10 The previous cooperative agreement for game business SP signed by and between Party B and China Mobile Group Beijing Company Limited terminates as from the effective day of this Agreement. Party A: China Mobile Group Party B: Beijing AirInbox Information Jiangsu Company Limited Technologies Co., Ltd. Authorized Representative: Authorized Representative: Signing Date: Oct.27th, 2009 Signing Date: MM DD YYYY Appendix：Non-corruption Agreement This Agreement is entered into for the purpose of jointly maintaining the fair competition order of commercial activities, and ensuring good faith, non-corruption, high efficiency and mutual benefit in the business transactions between the parties:
1、 During the cooperation contemplated hereunder, the parties shall conscientiously observe national laws and regulations and carry out commercial transaction activities in accordance with the Anti-unfair Competition Law of the People’s Republic of China, the Tender and Bidding Law of the People’s Republic of China, the Interim Provisions on Prohibiting Commercial Bribery, and other relevant laws and provisions.
2、 Fairness, impartiality and openness shall be observed in the confirmation of bid invitation qualification, bid submission, bid opening and evaluation of bids, and secret practices shall be prohibited. Party A’s supervision department or its authorized personnel shall supervise the bidding projects, seriously investigate, impartially handle and give timely reply to Party B’s complaints and reports in relation to the bidding.
3、 Relevant working personnel of the parties and their relatives may not accept cash, things of value and securities given by the other party, may not demand or accept financial aid from the other party for housing construction and improvement, weddings and funerals and going abroad, may not introduce relatives or friends to carry on any business activities relating to the cooperation between the parties, may not accept kickbacks, may not attend expensive recreational, entertainment, physical exercise or travelling activities affecting impartial enforcement of public affairs, or reimburse any costs which shall be paid by individuals.
4、 Relevant working personnel of the parties may not conduct private negotiation or reach secret agreement in respect of supply of materials, change of quantity and resolution of quality problem of materials for the purpose of seeking selfish benefits.
5、 Upon undertaking of an engineering project (including engineering construction, maintenance, supervision, design and systematic integration), such engineering project may not be subcontracted in the case of any violation or without express approval of Party A.
6、 There shall be no violation of commercial ethics, or disruption of normal competition order, impairment of the images of the parties, bidding collusion, disclosure of secrets of the parties, discrimination of fair competition of other operators, no falsification or overestimation and forged computation in budgets and final accounts, quotation in bidding as well as quoting in business.
7、 In the event of any violation of the foregoing terms or other commercial ethics and market rules, where verified to be true, cooperation of such project or similar projects will be ceased as per the seriousness of the circumstances.
8、 A party aware of any bribery acts or irregularities for favoritism, abuse of power or serious dereliction of duty of any personnel of the other party, the former party is obliged to report the case to the supervision or other relevant department of the other party.
9、 This Agreement is an integral appendix to the main contract, wherefore shall be put under paging seal together with the main contract.
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Effectiveness, Change and Termination of this Agreement. 10.1 During the cooperative period, the relevant management rules and customer service rules formulated by Party A in respect of the game business hereunder shall be deemed as supplemental annex hereto. In case of any conflict between the terms and condition of this Agreement and the management rules, the management rules shall prevail. The Parties may otherwise conduct negotiation on the conflicting clauses in order to execute a supplementary agreement.
10.2 If any party to this Agreement intends to change or terminate this Agreement, it shall notify the other party fifteen (15) days in advance. Parties may change and terminate this Agreement upon amicable consultations, and the Parties hereto may settle the disputes arising from the termination through amicable consultations.
10.3 During the validity period of this Agreement, if the competent authority concerned of Party A releases new rate polices or issues new relevant documents conflicting with this Agreement, the Parties may change or terminate this Agreement through amicable consultations.
10.4 Any matters not covered herein may be supplemented in writing to this Agreement upon amicable consultations between the Parties.
10.5 This Agreement shall be governed by the laws of the People’s Republic of China. Any and all disputes arising from or in respect of this Agreement shall be settled through amicable consultations between the Parties, failing which, either party is entitled to submit it to Nanjing Arbitration Committee for arbitration in accordance with its then-effective arbitration rules. The arbitration award is final and conclusive, which has binding force upon both Parties hereto.
10.6 The performance period of this Agreement is from Sep. 21st, 2009 2010 to Sep. 20th, 2010. If the Parties hereto, within thirty (30) days prior to the expiration of this Agreement, do not raise any requirements in writing regarding the termination of this Agreement upon the expiation of this Agreement, then this Agreement shall be renewed automatically for a period of six (6) months, and so on, the times of renewal are not limited and each length of renewal is six (6) months. If one party raises any objections, it shall notify the other party in writing thirty (30) days prior to the expiration of this Agreement or the renewal, and this Agreement will terminate upon the expiration hereof. After the termination of this Agreement, the Parties shall properly deal with the post-termination matters. This Agreement will remain effective unless and until the Parties have fully performed all the obligations hereunder and all the payable accounts and claims have been settled.
10.7 Upon the termination of this Agreement, Party B shall assist Party A in dealing with the post-termination matters; and relevant responsible party shall be held liable for the complaints and claims raised by the users due to the termination of this Agreement.
10.8 This Agreement shall be made out in four copies (including the Letter of Commitment for Information Security attached hereto), three copies for Party A and one for Party B, all of which are of equal legal force and effect.
10.9 Any direct or indirect breach of any provision of this Agreement by one party, or any non-performance, untimely or inadequate performance of the obligations hereunder constitutes a breach of this Agreement, the abiding party has the right to require the breaching party by written notice to rectify its breach and take adequate, effective and timely actions to eliminate the consequences of such breach, and indemnify the abiding party for any and all the losses caused as a result of such breach. If the breaching party fails recitify its breach within ten (10) days upon receipt of a notice to rectify the breach, the abiding party shall have the right to terminate this Agreement in advance either by a XXXX notice (it shall be deemed served upon sending) or by a written notice, and hold the breaching party liable for its breach.
10.10 The previous cooperative agreement for game business SP signed by and between Party B and China Mobile Group Beijing Company Limited terminates as from the effective day of this Agreement.Sep.
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