Exclusive Cooperation. 2.1 Party A is the exclusive technology service provider of Party B, except the circumstances as set out in Article 2.2 or Article 2.3 of this Agreement, any technical service (including but not limited to technology transfer, technology licensing, technology services and equipment supply, etc.) as required during the course of business operated by Party B (including but not limited to, Internet Information Service Business, Mobile Value-added Telecommunication Business, Online Advertising Business, etc.) must be rendered by Party A on an exclusive basis. Without prior written consent of Party A, Party B shall not seek any technical service under this Agreement rendered by any third party by any means other than Party A. 2.2 Party B agrees, in event that Party A does not have the capability to render specific technical service to Party B objectively, Party B agrees such technical service shall be rendered by an appropriate third party solely appointed by Party A in accordance with the terms and conditions of this Agreement. Party B further agrees that in any case Party A shall have the right to appoint any third party adequately qualified in absence of any reason to replace Party A and render technical service which should have been rendered by Party A in accordance with the Agreement, and Party B agrees to accept appropriate technical service rendered by such appropriate third party entrusted by Party A. 2.3 If any of the following circumstances occurs, Party B has the right to seek for any third party to render technical service to Party B: 2.3.1 Party A has voluntarily waived its rights as the exclusive technical service provider, and agreed in written that such technical service shall be rendered by a third party to Party B; 2.3.2 Party A is unable to provide a certain technical service to Party B objectively and fails to appoint an appropriate third party to provide such technical service to Party B; or 2.3.3 Party A decides not to provide a certain technical service to Party B and fails to appoint an appropriate third party to provide such technical service to Party B.
Appears in 4 contracts
Samples: Exclusive Technical Service Agreement, Exclusive Technical Service Agreement (WEIBO Corp), Exclusive Technical Service Agreement (WEIBO Corp)
Exclusive Cooperation. 2.1 Party A is the Party B’s exclusive technology service provider of Party B, except the circumstances as set out provider. Unless any event described in Article 2.2 or Article 2.3 of this AgreementAgreement occurs, any technical service all of the Technology Service (including but not limited to without limitation, technology transfer, technology licensinglicense, technology services service and equipment supply, etc.provision of equipment) as required during for any of the course of business operated by Party B (including but not limited towithout limitation, the Internet Information Service BusinessService, the Mobile Value-added Added Telecommunication Business, Online Service and the Internet Advertising Business, etc.Service) must shall be rendered provided by Party A on an exclusive basis. Without Party A’s prior written consent of Party Aconsent, Party B shall not seek any technical service third party other than Party A to provide any part of the Technology Service under this Agreement rendered by in any third party by any means other than Party A.manner.
2.2 Party B agrees, agrees that in event that case Party A objectively does not have the capability ability to render specific technical service to provide Party B objectivelywith certain part of the Technology Service, Party B agrees such technical service shall be rendered by A may exclusively designate an appropriate third party solely appointed by to provide Party A B with such part of the Technology Service in accordance with the terms and conditions of provided in this Agreement. Party B further agrees that in any case case, Party A shall have the right is entitled to appoint entrust, without any reason, any properly qualified third party adequately qualified in absence of any reason to replace provide Party A and render technical service which should have been rendered B with the Technology Service that should, pursuant to this Agreement, be provided by Party A in accordance with the Agreement, and to Party B. Party B agrees to accept appropriate technical service rendered the Technology Service provided by such appropriate third party entrusted by Party A.
2.3 If In case of any of the following circumstances occurscircumstances, Party B has the right to is entitled to, at its own discretion, seek for any third party to render technical service to Party Bprovide the Technology Service:
2.3.1 Party A has voluntarily waived abandons its rights right to act as an exclusive technology service provider and gives a written consent to the exclusive technical service provider, and agreed in written that such technical service shall be rendered provision of the Technology Service by a third party to Party B;
2.3.2 Party A is objectively unable to provide a certain technical service to Party B objectively with certain part of the Technology Service and fails to appoint an designate any appropriate third party to provide Party B with such technical service to Party Bpart of the Technology Service; or
2.3.3 Party A decides not to neither provide a certain technical service to Party B and fails to appoint an with certain part of the Technology Service nor designate any appropriate third party to provide Party B with such technical service to Party B.part of the Technology Service.
Appears in 4 contracts
Samples: Exclusive Technical Support Agreement (Leju Holdings LTD), Exclusive Technical Support Agreement (Leju Holdings LTD), Exclusive Technical Support Agreement (E-House (China) Holdings LTD)
Exclusive Cooperation. 2.1 Party A is the exclusive technology service provider of Party B, except the circumstances as set out ’s exclusive consulting service provider. Unless any event described in Article 2.2 or Article 2.3 of this AgreementAgreement occurs, all of the Consulting Services required for any technical service (including but not limited to technology transfer, technology licensing, technology services and equipment supply, etc.) as required during of the course of business operated by Party B (including but not limited towithout limitation, Internet Information Service Businessinvestment consulting, Mobile Value-added Telecommunication Businessmarketing consulting, Online Advertising Business, etc.economic information consulting and enterprise management consulting services) must shall be rendered provided by Party A on an exclusive basis. Without Party A’s prior written consent of Party Aconsent, Party B shall not seek any technical service third party other than Party A to provide any of the Consulting Services under this Agreement rendered by in any third party by any means other than Party A.manner.
2.2 Party B agrees, agrees that in event that case Party A does not have the capability is objectively incapable to render specific technical service to provide Party B objectivelyany of the Consulting Services, Party B agrees such technical service shall be rendered by A may exclusively designate an appropriate third party solely appointed by to provide Party A B with such Consulting Service(s) in accordance with the terms and conditions of this Agreementprovided herein. Party B further agrees that in any case case, Party A shall have the right is entitled to appoint entrust, without any reason, any properly qualified third party adequately qualified in absence of any reason to replace provide Party A and render technical service which should have been rendered B with the Consulting Services that should, pursuant to this Agreement, be provided by Party A in accordance with the Agreement, and to Party B. Party B agrees to accept appropriate technical service rendered the Consulting Services provided by such appropriate third party entrusted by Party A.
2.3 If In case of any of the following circumstances occurscircumstances, Party B has the right to is entitled to, at its own discretion, seek for any third party to render technical service to Party Bprovide the Consulting Services:
2.3.1 2.3.1. Party A has voluntarily waived abandons its rights right to act as an exclusive consulting service provider and gives a written consent to the exclusive technical service provider, and agreed in written that such technical service shall be rendered provision of the Consulting Services by a third party to Party B;
2.3.2 2.3.2. Party A is unable objectively incapable to provide a certain technical service to Party B objectively with certain part of the Consulting Services and fails to appoint an designate any appropriate third party to provide Party B with such technical service to Party Bpart of the Consulting Services; or
2.3.3 2.3.3. Party A decides not to neither provide a certain technical service to Party B and fails to appoint an with certain part of the Consulting Services nor designate any appropriate third party to provide Party B with such technical service to Party B.part of the Consulting Services.
Appears in 2 contracts
Samples: Exclusive Support Agreement (Jupai Holdings LTD), Exclusive Support Agreement (Jupai Holdings LTD)
Exclusive Cooperation. 2.1 Party A is the exclusive technology service provider of Party B, except the circumstances as set out ’s exclusive consulting service provider. Unless any event described in Article 2.2 or Article 2.3 of this AgreementAgreement occurs, any technical service all of the Consulting Service (including but not limited to technology transferwithout limitation, technology licensinginvestment consulting, technology services marketing consulting, economic information consulting and equipment supply, etc.management consulting) as required during for any of the course of business operated by Party B (including but not limited to, Internet Information Service Business, Mobile Value-added Telecommunication Business, Online Advertising Business, etc.) must shall be rendered provided by Party A on an exclusive basis. Without Party A’s prior written consent of Party Aconsent, Party B shall not seek any technical service third party other than Party A to provide any part of the Consulting Service under this Agreement rendered by in any third party by any means other than Party A.manner.
2.2 Party B agrees, agrees that in event that case Party A objectively does not have the capability ability to render specific technical service to provide Party B objectivelywith certain part of the Consulting Service, Party B agrees such technical service shall be rendered by A may exclusively designate an appropriate third party solely appointed by to provide Party A B with such part of the Consulting Service in accordance with the terms and conditions of provided in this Agreement. Party B further agrees that in any case case, Party A shall have the right is entitled to appoint entrust, without any reason, any properly qualified third party adequately qualified in absence of any reason to replace provide Party A and render technical service which should have been rendered B with the Consulting Service that should, pursuant to this Agreement, be provided by Party A in accordance with the Agreement, and to Party B. Party B agrees to accept appropriate technical service rendered the Consulting Service provided by such appropriate third party entrusted by Party A.
2.3 If In case of any of the following circumstances occurscircumstances, Party B has the right to is entitled to, at its own discretion, seek for any third party to render technical service to Party Bprovide the Consulting Service:
2.3.1 Party A has voluntarily waived abandons its rights right to act as an exclusive consulting service provider and gives a written consent to the exclusive technical service provider, and agreed in written that such technical service shall be rendered provision of the Consulting Service by a third party to Party B;
2.3.2 Party A is objectively unable to provide a certain technical service to Party B objectively with certain part of the Consulting Service and fails to appoint an designate any appropriate third party to provide Party B with such technical service to Party Bpart of the Consulting Service; or
2.3.3 Party A decides not to neither provide a certain technical service to Party B and fails to appoint an with certain part of the Consulting Service nor designate any appropriate third party to provide Party B with such technical service to Party B.part of the Consulting Service.
Appears in 1 contract
Samples: Exclusive Support Agreement (E-House (China) Holdings LTD)
Exclusive Cooperation. 2.1 Party A is the Party B’s exclusive technology service provider of Party B, except the circumstances as set out provider. Unless any event described in Article 2.2 or Article 2.3 of this AgreementAgreement occurs, any technical service all of the Technology Service (including but not limited to without limitation, technology transfer, technology licensinglicense, technology services service and equipment supply, etc.provision of equipment) as required during for any of the course of business operated by Party B (including but not limited towithout limitation, the E-Commerce, Internet Information Service Business, Mobile Value-added Telecommunication Business, Online and the Internet Advertising Business, etc.Service) must shall be rendered provided by Party A on an exclusive basis. Without Party A’s prior written consent of Party Aconsent, Party B shall not seek any technical service third party other than Party A to provide any part of the Technology Service under this Agreement rendered by in any third party by any means other than Party A.manner.
2.2 Party B agrees, agrees that in event that case Party A objectively does not have the capability ability to render specific technical service to provide Party B objectivelywith certain part of the Technology Service, Party B agrees such technical service shall be rendered by A may exclusively designate an appropriate third party solely appointed by to provide Party A B with such part of the Technology Service in accordance with the terms and conditions of provided in this Agreement. Party B further agrees that in any case case, Party A shall have the right is entitled to appoint entrust, without any reason, any properly qualified third party adequately qualified in absence of any reason to replace provide Party A and render technical service which should have been rendered B with the Technology Service that should, pursuant to this Agreement, be provided by Party A in accordance with the Agreement, and to Party B. Party B agrees to accept appropriate technical service rendered the Technology Service provided by such appropriate third party entrusted by Party A.
2.3 If In case of any of the following circumstances occurscircumstances, Party B has the right to is entitled to, at its own discretion, seek for any third party to render technical service to Party Bprovide the Technology Service:
2.3.1 Party A has voluntarily waived abandons its rights right to act as an exclusive technology service provider and gives a written consent to the exclusive technical service provider, and agreed in written that such technical service shall be rendered provision of the Technology Service by a third party to Party B;
2.3.2 Party A is objectively unable to provide a certain technical service to Party B objectively with certain part of the Technology Service and fails to appoint an designate any appropriate third party to provide Party B with such technical service to Party Bpart of the Technology Service; or
2.3.3 Party A decides not to neither provide a certain technical service to Party B and fails to appoint an with certain part of the Technology Service nor designate any appropriate third party to provide Party B with such technical service to Party B.part of the Technology Service.
Appears in 1 contract
Samples: Exclusive Technical Support Agreement (E-House (China) Holdings LTD)
Exclusive Cooperation. 2.1 Party A is the exclusive technology service provider of for Party B, except the circumstances as set out in Article 2.2 or Article 2.3 of this Agreement, any technical service (including but not limited to technology transfer, technology licensing, technology services and equipment supply, etc.) as required during the course of business operated by Party B (including but not limited to, Internet Information Service Business, Mobile Value-added Telecommunication Business, Online Advertising Business, etc.) must be rendered by Party A on an exclusive basis. Without prior written consent of Party A, Party B shall not seek any technical service under this Agreement rendered by any third party by any means other than Party A.
2.2 Party B agrees, in the event that Party A does not have the capability to render specific technical service to Party B objectively, Party B agrees such technical service shall be rendered by an appropriate third party solely exclusively appointed by Party A in accordance with the terms and conditions of this Agreement. Party B further agrees that in any case Party A shall have the right to appoint any third party adequately qualified in absence of any reason to replace Party A and render technical service which should have been rendered by Party A in accordance with the Agreement, and Party B agrees to accept appropriate technical service rendered by such appropriate third party entrusted appointed by Party A.
2.3 If any of the following circumstances occurs, Party B has the right to seek for any third party to render provide technical service to Party B:
2.3.1 Party A has voluntarily waived its rights as the exclusive technical service provider, and agreed in written writing that such technical service shall be rendered by a third party to Party B;
2.3.2 Party A is unable to provide a certain technical service to Party B objectively and fails to appoint an appropriate third party to provide such technical service to Party B; or
2.3.3 Party A decides not to provide a certain technical service to Party B and fails to appoint an appropriate third party to provide such technical service to Party B.
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