Obligation of Party A. 4.1 The Service provided by Party B in this agreement is exclusive, within the term of this Agreement, without the prior written consent of Party B, Party A shall not conclude any agreement with the third party to retain the third party to provide Party A with the service same as or similar to the Service provided by Party B.
4.2 Party A shall, prior to November 30 of every year, provide Party B with the Annual Business Plan of the next year, so that Party B may arrange the service plan and purchase the necessary devices and technical staff. Should Party A request Party B to purchase devices provisionally, it shall negotiate with Party B 15 days in advance in order to reach consensus.
4.3 Party A shall promptly and accurately provide Party B with documents required by it in convenience for the Service to be provided by Party B.
4.4 Party A shall, in accordance with the Article 3 of this Agreement, make the payment of Service Fees to Party B timely and fully.
4.5 Party A shall remain its good standing and develop its business in order to maximize its profit.
4.6 For the development of Party A Business, the Parties agree that Party B entrust Party A to, in accordance with the special request of Party B, research and develop the technology necessary for Party B to provide Service under this Agreement, provided that Party A is capable of such research and development and such entrustment will not violate the mandatory regulation of PRC laws. Party A must accept such entrustment, and any interest arose from the technology development shall be comply with the paragraph 1, section 2 of Article 5 of this agreement.
Obligation of Party A. In order to facilitate Party B provides the service hereunder, Party A shall:
1) make sure a designated person in charge of use and management of the Licensing Software, and establish relevant system to ensure the Licensing Software running in a safety environment (including computers, printers and related hardware equipment);
2) backup system data regularly and keep the backup data properly;
3) report any abnormal occurrence pertaining Licensing Software in time and record the current failure for Party B make a diagnosis;
4) provide necessary equipment in the process of maintenance and technical support by Party B;
5) cooperate with Party B to inspect whether Licensing Software runs normally when the maintenance and technical support is complete.
Obligation of Party A. 5.1 Provide IE21 teaching system, including Internet based interactive self-learning course, video on demand course as well as student book and instructor book. Party A shall undertake legal and economic responsibility for the copyright and use right of all IE21 courses;
5.2 Perform the quality assurance and internal audit to the program to ensure effective operation;
5.3 Review the qualification of instructor performing IE21 teaching tasks, and provide the training to the qualified instructor free of charge no more than 4 times. The one day training includes course content, specification, and teaching method and so on. 10 persons per time.
5.4 Provide the management support to the program, and provide the support of the promotion materials;
5.5 Authorize Party B and hangs the shingle for the authorized teaching center;
5.6 Establish xxx.xxx-xx00.xxx.xx within 30 days after signing the contract. Make sure the link with xxx.xx00.xxx.xx. Setup a special area to introduce the program at the main page of xxx.xx00.xxx.xx.
5.7 Execute the agreement of the program enrollment and marketing (as the appendix of this agreement);
5.8 Provide all materials for each student in the training center, including the teaching material, user card, user golden card, student guide book, narrowband version CD-Rom, username and password;
5.9 Provide 2 sets of teaching materials to the instructor, including the teaching material, instructor book, password and username;
5.10 Provide the password, username and teaching materials to the sales and teaching staff of Party B, including 4 usernames and 4 passwords during initial period; if Party B requires to add the number of the password, username and teaching materials as the business grows, upon the request, Party B shall meet right requirement of Party A;
5.11 If necessary, provide no more than 3 free introduction webpage developments for more than 500 users.
5.12 Manage online learning of the student, and provide the feedback to Party B in time;
5.13 Build and maintain the brand of IE21 Partnership Program with Party B.
Obligation of Party A. 4.1 Provide “IE21 Interactive English”, “IE21 Commercial English”, “IE21 IT English”, “E-Ya Kids Interactive English” education system, including Internet based interactive self-learning course, video on demand course as well as student book and instructor book. Party A shall undertake legal and economic responsibility for the copyright and use right of all “IE21 Interactive English”, “IE21 Commercial English”, “IE21 IT English”, “E-Ya Kids Interactive English” courses;
4.2 Perform the quality assurance and internal audit to the program to ensure effective operation;
4.3 Review the qualification of instructor performing “IE21 Interactive English”, “IE21 Commercial English”, “IE21 IT English”, “E-Ya Kids Interactive English” teaching tasks, and provide the training to the qualified instructor and sales person with no extra charge. The one day training includes course content, specification, and teaching method and so on. 10 persons per time.
4.4 Provide the learning materials to party B’s user, including textbook, student manual, narrowband disk, username and password.
4.5 Provide 1 week testing account to party B’s customer.
4.6 Party A shall inform party B before any upgrade or change on “IE21 Interactive English”, “IE21 Commercial English”, “IE21 IT English”, “E-Ya Kids Interactive English” education system
4.7 Execute the agreement of the program enrollment and marketing (as the appendix of this agreement);
4.8 Provide all materials for each student in the training center, including the teaching material, user card, user golden card, student guide book, narrowband version CD-Rom, username and password;
4.9 Provide 2 sets of teaching materials to the instructor, including the teaching material, instructor book, password and username;
4.10 Provide the password, username and teaching materials to the sales and teaching staff of Party B, including 4 usernames and 4 passwords during initial period; if Party B requires to add the number of the password, username and teaching materials as the business grows, upon the request, Party B shall meet right requirement of Party A;
4.11 Party A shall issue the certificates to the training attendees.
4.12 Party A shall not develop any distributors in the area of Hangzhou within 6 months after this agreement been signed.
Obligation of Party A. Party A is obliged to assist Party B in providing end-to-end services to large business customers.
Obligation of Party A. Party A should strengthen the medical insurance budget management, finish type of payment and settlement. Party A should pay medical cost to Party B in time.
Obligation of Party A. (1) Party A shall provide all necessary marketing material and product training.
(2) Party A shall provide the following assistance based on Party B’s demand to promote products:
A. Party A is responsible for product presentation, training and issues regarding returning or exchanging products that will expire in a short period of time.
B. Party A appoints its delegate to conduct academic promotion in Party B’s designated areas. The delegate’s expenses shall be covered by Party A. Party B is responsible for other expenses.
Obligation of Party A. In addition to other requirements in the agreement, Party A shall fulfill the following obligations:
6.1 Within 10 days after the agreement is signed, 1) Party A shall provide Party B with valid assets (including tangible property and real estate) as guarantee; 2) Party A shall provide performance pledge or guarantee to Party B; (3) Party A shall provide basic material of the enterprise and financial statements as required.
6.2 Without interfering normal operation, Party A shall provide temporary offices, canteen, accommodation, and transportation for assigned employees of Party B.
6.3 Provide necessary information; and coordinate Party B to carry out energy saving measurement and verification.
6.4 Coordinate Party B with maintenance, inspection, and repair of equipment and facilities, and make sure Party B could use equipment and facilities of the project.
6.5 Party A shall complete the project establishment, environmental assessment, and approval application for construction land, national grid connection quickly after the agreement is signed. If there is any delay of such formalities, the construction schedule is postponed accordingly.
6.6 During the operation period of the project, Party A shall provide waste heat required by boiler of the waste heat power station according to its normal CDQ process at no charge. The waste heat supply shall be no less than 8,000 hours annually. The coking production capacity should be no less than 80% of designed capacity. Party B shall install related instruments to measure above mentioned parameters. If the time and number cannot be reached, Party A shall pay Party B at the amount based upon electricity generation that is calculated according to the time and number mentioned above.
6.7 Provide necessary assistance on project execution and management.
6.8 Assist Party B in applying for subsidies, awards, or other applicable grants from the government or organizations. The grants received shall be shared between two parties at 50% each, and relevant costs and expenses shall be borne by both parties equally. Benefits of coke and fine coke from the CDQ process belong to Party A.
6.9 Party A shall fully participate in the design, equipment tendering and procurement and give technical advices to Party B regarding the design, equipment utilization, project progress and quality and minor the implementation.
Obligation of Party A. 1. Party A is responsible for full repayment of principle and interest according to the agreement as well as all professional fees in handling the agreement.
2. Party A is responsible for that it will cooperate with Lender on the supervision and inspection of the use of the funds borrowed under this Loan Agreement and of the business condition of Borrower and that it will promptly provide all financial statements including balance sheet and income statement of last quarter within 7 business days of the current quarter as well as cash flow at the year end and related materials needed by Party B, which Party A warrants to be true, complete and accurate.
3. Party A warrants that it will issue written notices to Party B upon occurrence or possible occurrence of the following events including company names change, legal representative change, address change and etc. within seven business days.
4. Party A should use the funds under all provisions of the Loan Agreement and should not use the funds to commit any illegal activities.
5. Party A should follow all government issued environment regulation if the funds are used to manufacturing and construction.
6. Party A could not use assets that are generated from this loan to provide guarantee service to the third party without permission of party B.
7. Party A should report all material information of related party who owns 10% of net asset of party A if Party A is group client.
8. Party A should guarantee to obtain certain government approval or fund for the project.
Obligation of Party A. 1、甲方出租房间的有关工作责成昌宁物业代办。租房的交付、收回以及其它有关管理均由昌宁物业代办。乙方的租金、押金、以及各项应缴费用等均由昌宁物业代收、代办。若昌宁物业的代办行为违反本合同, 其全部后果责任全部由甲方承担。 Chang Ning Property Management shall be responsible to handle room-lease related matters on behalf of Party A. Chang Ning Property Management shall be responsible to receive rent, deposit and other fees on behalf of Party A. Party A shall be responsible for all the consequences if Chang Ning Property Management is in breach of this contract.
