Common use of Obligations of Party B Clause in Contracts

Obligations of Party B. 4.1 The Services provided by Party A under this Agreement shall be exclusive. During the effective term of this Agreement, without prior written consent of Party A, Party B may not enter into any agreement, orally or written, with any third party or otherwise engage such third party to provide services the same as or similar to those provided by Party A hereunder. 4.2 Party B shall provide Party A with the finalized Annual Business Plan of Party B of the next year before November 30 of each year, in order to facilitate Party A to plan for the Services, purchase necessary software and Equipment and secure necessary personnel and technical service force accordingly. In the event that Party B demands Party A to purchase any new Equipment and/or deploy additional personnel, it shall consult with Party A at least fifteen (15) days in advance in order to reach a mutual agreement between the Parties. 4.3 In order to facilitate provision of the Services by Party A, Party B shall provide Party A with relevant materials requested by Party A in an accurate and timely manner. 4.4 Party B shall pay Service Fees to Party A on time and in full amount in accordance with Article 3 of this Agreement. 4.5 Party B shall maintain its good standing and presence, actively develop its business and procure the maximization of the revenue. 4.6 The Parties hereby acknowledge that, pursuant to the terms and conditions of the Amended and Restated Equity Pledge Agreement entered into by all the registered shareholders of Party B as of the date of this Agreement (the “Existing Shareholders”) with Party A on November 3, 2017, each of the Existing Shareholders has pledged all of the equity interests in Party B held by it to Party A as security for Party B’s performance of its obligations under this Agreement. 4.7 During the term of this Agreement, Party B agrees to cooperate with Party A and Party A’s direct or indirect parent company in the audit of related party transactions and other audits, to provide relevant information and materials about Party B’s operation, business, customers, finance and employees to Party A, its parent company or its appointed auditor, and agrees that Party A’s parent company may disclose such information and materials for purpose of satisfying the regulatory requirements of the place where the securities of Party A’s parent company are listed.

Appears in 4 contracts

Samples: Exclusive Consultation and Service Agreement (Huami Corp), Exclusive Consultation and Service Agreement (Huami Corp), Exclusive Consultation and Service Agreement (Huami Corp)

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Obligations of Party B. 4.1 The Services provided by Party A under this Agreement shall be exclusive. During the effective term of this Agreement, without prior written consent of Party A, Party B may not enter into any agreement, orally or written, agreement with any third party or otherwise engage such third party to provide services the same as or similar to those provided by Party A hereunder. 4.2 Party B shall provide Party A with the finalized Annual Business Plan of Party B of the next year before November 30 of each year, in order to facilitate Party A to plan for the arrange plans of Services, purchase necessary software and Equipment and secure necessary personnel and technical service force accordingly. In the event that case Party B demands needs Party A to purchase any certain new Equipment and/or deploy or have additional personnel, it shall consult with Party A at least fifteen (15) days in advance in order to reach a mutual agreement between the Parties. 4.3 In order to facilitate provision of the Services by Party A, Party B shall provide Party A with relevant materials requested required by Party A in an accurate and timely manner. 4.4 Party B shall pay Service Fees to Party A on time and in full amount in accordance with Article 3 of this Agreementhereof. 4.5 Party B shall maintain its good standing and presence, actively develop its business and procure make effort to maximize the maximization of the revenuereturns. 4.6 The Parties hereby acknowledge that, pursuant to the terms and conditions of the Amended and Restated Equity Interest Pledge Agreement entered into by all of the registered shareholders of Party B as of the date of this Agreement (the “Existing Shareholders”) with Party A on November 3, 2017A, each of the Existing Shareholders has pledged all of the equity interests in Party B held by it to Party A as security for Party B’s performance of its obligations under this AgreementAgreement and all of the ancillary agreements. 4.7 During the term of this Agreement, Party B agrees to cooperate with Party A and Party A’s direct or indirect parent company in the audit of related party transactions and other audits, to provide relevant related information and materials about Party B’s business, operation, business, customers, finance and employees to Party A, its parent company or its appointed authorized auditor, and agrees that Party A’s parent company may disclose such related information and materials for purpose of satisfying the regulatory requirements of the place where the securities of stock exchange on which Party A’s parent company are is listed.

Appears in 3 contracts

Samples: Exclusive Consulting and Services Agreement, Exclusive Consulting and Services Agreement (ZTO Express (Cayman) Inc.), Exclusive Consulting and Services Agreement (ZTO Express (Cayman) Inc.)

Obligations of Party B. 4.1 The Services provided by Party A under this Agreement shall be exclusive. During the effective term of this Agreement, without prior written consent of Party A, Party B may not enter into any agreement, orally or written, with any third party or otherwise engage such third party to provide services the same as or similar to those provided by Party A hereunder. 4.2 Party B shall provide Party A with the finalized Annual Business Plan of Party B of the next year before November 30 of each year, in order to facilitate Party A to plan for the Services, purchase necessary software and Equipment and secure necessary personnel and technical service force accordingly. In the event that Party B demands Party A to purchase any new Equipment and/or deploy additional personnel, it shall consult with Party A at least fifteen (15) days in advance in order to reach a mutual agreement between the Parties. 4.3 In order to facilitate provision of the Services by Party A, Party B shall provide Party A with relevant materials requested by Party A in an accurate and timely manner. 4.4 Party B shall pay Service Fees to Party A on time and in full amount in accordance with Article 3 of this Agreement. 4.5 Party B shall maintain its good standing and presence, actively develop its business and procure the maximization of the revenue. 4.6 The Parties hereby acknowledge that, pursuant to the terms and conditions of the Second Amended and Restated Equity Pledge Agreement entered into by all the registered shareholders of Party B as of the date of this Agreement (the “Existing Shareholders”) with Party A on November 3March 20, 20172020, each of the Existing Shareholders has pledged all of the equity interests in Party B held by it to Party A as security for Party B’s performance of its obligations under this Agreement. 4.7 During the term of this Agreement, Party B agrees to cooperate with Party A and Party A’s direct or indirect parent company in the audit of related party transactions and other audits, to provide relevant information and materials about Party B’s operation, business, customers, finance and employees to Party A, its parent company or its appointed auditor, and agrees that Party A’s parent company may disclose such information and materials for purpose of satisfying the regulatory requirements of the place where the securities of Party A’s parent company are listed.

Appears in 2 contracts

Samples: Exclusive Consultation and Service Agreement (Huami Corp), Exclusive Consultation and Service Agreement (Huami Corp)

Obligations of Party B. 4.1 The Services 2.2.1 Party B agrees to determine and timely pay Party A the fees for the technical and consulting services (hereinafter referred to as “Service Fees”) hereunder based on the methods set forth in Annex 2. 2.2.2 Party B shall appropriately and reasonably accept and use the technical and consulting services provided by Party A under this Agreement shall be exclusive. During A. 2.2.3 Upon the effective term occurrence of this Agreement, without prior written consent of any event that affects Party AB’s normal operations, Party B may shall notify Party A in a timely manner. 2.2.4 Party B hereby grants Party A or any person authorized by Party A access to its premise or other facilities within a reasonable time. 2.2.5 Party B shall not enter into any agreementtake, orally or written, with any and shall procure that no other third party take, any action that may adversely affect the ownership or otherwise engage such third party to provide intellectual property rights of the services the same as or similar to those provided by Party A hereunder. 4.2 2.2.6 Party B shall be responsible for obtaining all relevant approvals and permits (if required) from the relevant government for Party A’s performance of its obligations hereunder. 2.2.7 Party B shall prepare financial statements acceptable to Party A in accordance with the requirements of laws and commercial practices. 2.2.8 Party B shall provide Party A with the finalized Annual Business Plan of Party B of the next year before November 30 of each year, in order to facilitate Party A to plan for the Services, purchase necessary software its quarterly financial statements (audited and Equipment and secure necessary personnel and technical service force accordingly. In the event that Party B demands Party A to purchase any new Equipment and/or deploy additional personnel, it shall consult with Party A at least fifteen (15) days in advance in order to reach a mutual agreement between the Parties. 4.3 In order to facilitate provision of the Services certified by an independent certified public accountant approved by Party A), documents, accounts, records, data, etc. within 5 business days after the end of each quarter, so that Party A may audit Party B’s accounts and determine the amount of Service Fees. 2.2.9 Upon notification by Party A five (5) working days in advance, Party B shall provide allow Party A with and/or its designated auditor to audit Party B’s relevant materials requested accounts and records and copy the required part thereof at Party B’s principal place of business, so as to verify the accuracy of Party B’s income and statements. 2.2.10 In addition to Service Fees, Party B shall bear and indemnify Party A for all reasonable expenses, advance payments and out-of-pocket expenses in any form paid or incurred by Party A in an accurate and timely mannerwhen performing or providing services. 4.4 Party B shall pay Service Fees to Party A on time and in full amount in accordance with Article 3 of this Agreement. 4.5 Party B shall maintain its good standing and presence, actively develop its business and procure the maximization of the revenue. 4.6 The Parties hereby acknowledge that, pursuant to the terms and conditions of the Amended and Restated Equity Pledge Agreement entered into by all the registered shareholders of Party B as of the date of this Agreement (the “Existing Shareholders”) with Party A on November 3, 2017, each of the Existing Shareholders has pledged all of the equity interests in Party B held by it to Party A as security for Party B’s performance of its obligations under this Agreement. 4.7 During the term of this Agreement, Party B agrees to cooperate with Party A and Party A’s direct or indirect parent company in the audit of related party transactions and other audits, to provide relevant information and materials about Party B’s operation, business, customers, finance and employees to Party A, its parent company or its appointed auditor, and agrees that Party A’s parent company may disclose such information and materials for purpose of satisfying the regulatory requirements of the place where the securities of Party A’s parent company are listed.

Appears in 2 contracts

Samples: Exclusive Consulting and Service Agreement (ForU Worldwide Inc.), Exclusive Consulting and Service Agreement (ForU Worldwide Inc.)

Obligations of Party B. 4.1 The Services provided by Party A under this Agreement shall be exclusive1. During the effective term validity period of this Agreement, without prior Party B shall always adhere to its best efforts to develop the product market, and sell the Product with a positive and diligent working attitude. In this way, Party B shall improve the popularity of Party A, its brand and product quality. 2. Party B shall actively advertise or promote the Product in a responsible and professional manner according to Party A’s standards. Upon the application of Party B and with the written consent permission of Party A, Party B may not enter into any agreementuse Party A’s name, orally or writtenlogo, with any third party or otherwise engage such third party to provide services the same as or similar to those trademark and sales performance in promotion and publicity activities. 3. Party B shall be responsible for distributing all advertising materials and other relevant materials provided by Party A hereunderto it, and shall bear the expenses and costs. Any advertising materials and other product-related publicity or other materials not provided by Party A shall be subject to Party A’s inspection and written approval before use. Party A has the right to decide whether Party B can publicize, distribute or post such materials according to its full discretion. Party B shall unconditionally obey Party A’s decisions. In addition, Party B further agrees that Party A has all the rights and interests of these materials, and Party B must take all necessary measures to safeguard Party A’s rights and interests. 4.2 4. Party B shall sell the Product according to the retail price suggested by Party A. Party B shall not arbitrarily adjust the sales price of the Product or increase the price in disguised form by charging fees. If the retail price suggested by Party A does not meet the market conditions in the region, Party B shall report to Party A when it needs to adjust the sales price. Party A shall make a decision to adjust the price according to the unified requirements of the system and the market conditions in the area where Party B is located. 5. Party B shall accept Party A’s market guidance and strictly abide by the product sales price policy formulated by Party A, and shall not make malicious quotations to maintain the market sales order of Product. Party B shall not sell similar Product of other manufacturers under the guise of Party A or under the name of Party A to maintain the brand image of Party A’s Product. 6. Party B shall accept Party A’s guidance and maintain competent sales, promotion, technical and support personnel to provide product sales, service and support. Party B shall provide necessary guidance and training to its personnel to carry out effective product promotion, sale, service and support. 7. Party B shall notify Party A and Party B of any important changes that have taken place or will take place two months in advance by letter, including but not limited to Party B’s corporate structure, shareholders or partners, merger or acquisition, management, project team, assets, registered address and correspondence address, or any other information related to this Agreement or the relationship between the two parties. Any loss caused by Party B’s failure to perform the obligations stipulated in this article shall be borne by Party B itself, and Party A shall not bear any responsibility. 8. Party B has the right to accept the customer’s opinions and complaints on the Product and notify Party A in time, so as to pay attention to Party A’s vital interests. 9. Party B shall keep complete and accurate transaction records and submit the financial statement of the total operating income of the previous month to Party A before the 15th of each month. In addition, it shall provide Party A with information on the finalized Annual Business Plan sales situation and market competition of Party B of the next year before November 30 of each yearcommodities, in order to facilitate Party A to plan for the Services, purchase necessary software and Equipment and secure necessary personnel and technical service force accordingly. In the event that Party B demands Party A to purchase any new Equipment and/or deploy additional personnel, it shall consult with Party A at least fifteen (15) days in advance in order to reach a mutual agreement between the Parties. 4.3 In order to facilitate provision of the Services by Party A, Party B shall provide Party A with relevant materials requested by Party A in an accurate and timely manner. 4.4 Party B shall pay Service Fees send work reports to Party A on time and in full amount in accordance with Article 3 of this Agreementevery quarter. 4.5 Party B shall maintain its good standing and presence, actively develop its business and procure the maximization of the revenue. 4.6 The Parties hereby acknowledge that, pursuant to the terms and conditions of the Amended and Restated Equity Pledge Agreement entered into by all the registered shareholders of Party B as of the date of this Agreement (the “Existing Shareholders”) with Party A on November 3, 2017, each of the Existing Shareholders has pledged all of the equity interests in Party B held by it to Party A as security for Party B’s performance of its obligations under this Agreement. 4.7 During the term of this Agreement, Party B agrees to cooperate with Party A and Party A’s direct or indirect parent company in the audit of related party transactions and other audits, to provide relevant information and materials about Party B’s operation, business, customers, finance and employees to Party A, its parent company or its appointed auditor, and agrees that Party A’s parent company may disclose such information and materials for purpose of satisfying the regulatory requirements of the place where the securities of Party A’s parent company are listed.

Appears in 2 contracts

Samples: Distribution Agreement (EHang Holdings LTD), Distribution Agreement (EHang Holdings LTD)

Obligations of Party B. 4.1 The Services 2.2.1 Party B agrees to determine and timely pay Party A the fees for the technical and consultancy services (hereinafter referred to as “Service Fees”) hereunder based on the methods set forth in Annex 2. 2.2.2 Party B shall appropriately and reasonably accept and use the technical and consultancy services provided by Party A under this Agreement shall be exclusive. During A. 2.2.3 Upon the effective term occurrence of this Agreement, without prior written consent of any event that affects Party AB’s normal operations, Party B may shall notify Party A in a timely manner. 2.2.4 Party B hereby grants Party A or any person authorized by Party A access to its office or other business premises within a reasonable time. 2.2.5 Party B shall not enter into any agreementtake, orally or written, with any and shall procure that no other third party take, any action that may adversely affect the ownership or otherwise engage such third party to provide intellectual property rights of the services the same as or similar to those provided by Party A hereunder. 4.2 2.2.6 Party B shall be responsible for obtaining all relevant approvals and permits (if required) from the relevant government for Party A’s performance of its obligations hereunder. 2.2.7 Party B shall prepare financial statements acceptable to Party A in accordance with the requirements of laws and commercial practices. 2.2.8 Party B shall provide Party A with the finalized Annual Business Plan of Party B of the next year before November 30 of each year, in order to facilitate Party A to plan for the Services, purchase necessary software its quarterly financial statements (audited and Equipment and secure necessary personnel and technical service force accordingly. In the event that Party B demands Party A to purchase any new Equipment and/or deploy additional personnel, it shall consult with Party A at least fifteen (15) days in advance in order to reach a mutual agreement between the Parties. 4.3 In order to facilitate provision of the Services certified by an independent certified public accountant approved by Party A), documents, accounts, records, data, etc. within 5 business days after the end of each quarter, so that Party A may audit Party B’s accounts and determine the amount of Service Fees. 2.2.9 Upon notification by Party A five (5) working days in advance, Party B shall provide allow Party A with and/or its designated auditor to audit Party B’s relevant materials requested accounts and records and copy the required part thereof at Party B’s principal place of business, so as to verify the accuracy of Party B’s income and statements. 2.2.10 In addition to Service Fees, Party B shall bear and indemnify Party A for all reasonable expenses, advance payments and out-of-pocket expenses in any form paid or incurred by Party A in an accurate and timely mannerwhen performing or providing services. 4.4 Party B shall pay Service Fees to Party A on time and in full amount in accordance with Article 3 of this Agreement. 4.5 Party B shall maintain its good standing and presence, actively develop its business and procure the maximization of the revenue. 4.6 The Parties hereby acknowledge that, pursuant to the terms and conditions of the Amended and Restated Equity Pledge Agreement entered into by all the registered shareholders of Party B as of the date of this Agreement (the “Existing Shareholders”) with Party A on November 3, 2017, each of the Existing Shareholders has pledged all of the equity interests in Party B held by it to Party A as security for Party B’s performance of its obligations under this Agreement. 4.7 During the term of this Agreement, Party B agrees to cooperate with Party A and Party A’s direct or indirect parent company in the audit of related party transactions and other audits, to provide relevant information and materials about Party B’s operation, business, customers, finance and employees to Party A, its parent company or its appointed auditor, and agrees that Party A’s parent company may disclose such information and materials for purpose of satisfying the regulatory requirements of the place where the securities of Party A’s parent company are listed.

Appears in 2 contracts

Samples: Exclusive Consultancy and Service Agreement (QuantaSing Group LTD), Exclusive Consultancy and Service Agreement (QuantaSing Group LTD)

Obligations of Party B. 4.1 2.1 The Services mobile communication services provided by Party B to Party A under this Agreement shall be exclusive. During meet the effective term relevant standards of this Agreement, without prior written consent of Party A, the state. 2.2 Party B may not enter into any agreement, orally or written, with any third party or otherwise engage such third party to provide services the same as or similar to those provided by shall publicize and prompt Party A hereunderthe services, period, scope and tariff standard by means of business hall, website, and SMS, etc. 4.2 2.3 Party B shall provide Party A with the finalized Annual Business Plan of convenient service handling, service consulting and call fee information inquiry channels, including but not limited to business hall, service hotline, service website, SMS, etc. 2.4 Party B shall have obligation to receive and handle Party A’s complaints by publicizing the complaints hotline and other methods, and give a reply to Party A within 48 hours of the next year before November 30 receipt of each yearcomplaints. 2.5 Party B shall reserve the original CDR data of mobile phone and the original data of information service charges for 5 months (5 months from the month when the system generates CDR, in order excluding the current month). If the customer raises any objections about CDR to facilitate Party B within 5 months of the generation of CDR, Party B shall maintain such CDR until such objections are settled. If Party A has any objections to the call fee charged by Party B, Party B shall be responsible for carrying out investigation and giving an interpretation, and notify Party A to plan check the handling results. 2.6 Party B shall provide electronic billing service to Party A free of charge and shall have obligation to explain the bills. 2.7 Party B shall not infringe upon Party A’s freedom and privacy of correspondence, and shall have obligation to keep confidential the information about Party A. However, in accordance with the provisions of relevant laws and regulations, Party B shall give cooperation to the work requirements of the public security organ, the people's procuratorate, the national security organ and other departments having the right to carry out investigation according to laws and regulations. 2.8 Party B undertakes to use the user information provided by Party A for Party B for the Serviceswhole course of the mobile communication service, purchase necessary software and Equipment Party B shall take confidentiality measures and secure necessary personnel shall not disclose such information, unless otherwise specified by the laws, regulations and technical service force accordingly. In governmental regulations. 2.9 Party B shall be obligated to protect the event secrecy of the personal information of Party A that Party B demands has gathered and used during the process of rendering service in strict accordance with the requirements of the Resolution of the Standing Committee of the National People’s Congress on Strengthening Network Information Protection, the Regulations on Protecting the Personal Information of Subscribers to Telecommunication and Internet (Ministry of Industry and Information Order No. 24), the Regulations on Registration of the Authentic ID Information of Phone Subscribers(Ministry of Industry and Information Order No. 25), and other relevant laws and regulations. 2.10 Party B shall provide public benefit phone call service, such as 119 for fire, 110 for police, and 120 for medical first aid, etc. at the call location (only limited to domestic) to Party A to purchase any new Equipment and/or deploy additional personnel, it shall consult with free of charge. 2.11 If Party A at least fifteen (15) days owes the fees, and Party A pays the fees in advance in order to reach a mutual agreement between full within the Partiesspecified time limit and applies for resuming the service, Party B shall resume the mobile communication service for Party A within 24 hours of the receipt of Party A’s payment. 4.3 In order 2.12 When Party B intends to facilitate provision suspend the mobile communication service for Party A ((hereinafter referred to as “Suspension”), Party B shall give a prior notice to Party A if Party A applies the payment method of “post-paid”, and give a prompt to Party A for the Services balance if Party A applies the payment method of “prepaid”. The methods for such notice include, but not limited to SMS, phone call or letter. 2.13 If such foreseeable causes as line overhauling, equipment relocation, engineering cut-over, network and software updating, etc. may affect the use by Party A, Party B shall provide give a 72 hours prior notice to Party A. The methods for such notice includes, but not limited to SMS, and media announcement. 2.14 If Party A with relevant materials requested notifies Party B of mobile phone communication failure (refer to communication interruption due to switch equipment or transmission line, excluding network coverage and terminal equipment failure), Party B shall repair, and resume the services within 48 hours of the receipt of such notification. 2.15 Party B shall make the service applied for by Party A available within the committed period (unless otherwise agreed by the parties upon a longer period). If Party B fails to make such service available in an accurate and a timely manner. 4.4 Party B shall pay Service Fees to Party A on time and in full amount in accordance with Article 3 of this Agreement. 4.5 Party B shall maintain its good standing and presence, actively develop its business and procure the maximization of the revenue. 4.6 The Parties hereby acknowledge that, pursuant to the terms and conditions of the Amended and Restated Equity Pledge Agreement entered into by all the registered shareholders of Party B as of monthly function fee for such service from the date of this Agreement (the “Existing Shareholders”) with Party A on November 3, 2017, each of the Existing Shareholders has pledged all of the equity interests in Party B held by it to Party A as security for Party B’s performance of its obligations under this Agreement. 4.7 During the term of this Agreement, Party B agrees to cooperate with Party A and Party A’s direct or indirect parent company in the audit of related party transactions and other audits, to provide relevant information and materials about Party B’s operation, business, customers, finance and employees to Party A, its parent company or its appointed auditor, and agrees that Party A’s parent company may disclose such information and materials for purpose of satisfying the regulatory requirements of the place where the securities of Party A’s parent company are listedapplication to the date of availability of such service shall be exempted or reduced.

Appears in 1 contract

Samples: Customer Sign Up Agreement

Obligations of Party B. 4.1 The Services provided 1. Party B shall have the business license for corporation with legal operation scope, content/application service operation qualification, and provide Party A with the real and reliable operation permit, qualification and credit certificate, perfect after-sale service system, price review and approval and bank account etc for value-added message service approved by the Ministry of Information Industry or the local telecom competent authority in the place where the service is provided. 2. Party B shall ensure stable quality of the service provided, especially the message safety and service quality in important period, and ensure the contact channel with Party A can be smooth 7x24h and be liable to declare the disclaimer provision to subscribers when such service is opened for subscribers. 3. To add any new service or modify the current service, Party B shall submit the proposal to Party A for review and approval prior to modification and cannot open the new service or carry out the modification until Party A reviews and approves the proposal. 4. In the case where Party B intends to carry out system debugging, maintenance, upgrading or other foreseeable operations that may cause service interruption, it shall, within 7 days before the performance, in writing or e-mail, inform Party A of such intention, including detailed interruption reason, time and period and also declare the same to subscribers. 5. Party B shall abide by the regulations on the management of Monternet cooperation, audit regulations, customer service standards and related documents formulated by Party A in order to standardize the market order of the Monternet and bear any responsibility as incurred due to the violation act to these regulations. 6. Party B shall provide special customer service hotline for subscriber complaints, bear any responsibility for subscriber inquiry, appeal and complaint as incurred due to non-network communications problem of Party A and accept subscriber inquiry, fee inquiry and complaint as incurred due to various network communications problems in the provision of the service under this Agreement Agreement. Party B shall be exclusiveestablish the first-inquiring responsibility system, transfer any issue needing the cooperation of Party A to Party A for handling and have follow-up supervision and investigation among subscribers for the handling result. 7. During In system debugging, Party B shall not affect the effective term normal operation of this Agreementthe current network of Party A; when sending SMS to the communications platform of Party A, Party B shall ensure that the transmission speed does not exceed the flow limit of the port Party A distributes for Party B; without prior written the consent of Party A, Party B may shall not enter into any agreementconduct high-volume test, orally or writtenotherwise, with any third party or otherwise engage such third party to provide services the same it shall bear all consequences as or similar to those provided by Party A hereunderincurred hereof. 4.2 8. Party B must strictly manage the network port and the related ID and ensure the safety of the network and message. Party B shall provide bear all responsibilities as incurred due to its bad management. 9. In the case where Party B cannot continue providing services due to its bad operation or any other reason alike, Party B shall, 1 month earlier, disclose the related situation to Party B and in the meantime explain properly to subscribers and deal with all problems left. 10. In the case where the Monternet service quality of Party A is affected due to customer service complaint with the finalized Annual Business Plan responsibility of Party B or any other reason alike and causes the rise of the next year before November 30 customer service cost of each year, in order to facilitate Party A to plan for the Services, purchase necessary software and Equipment and secure necessary personnel and technical service force accordingly. In the event that Party B demands Party A to purchase any new Equipment and/or deploy additional personnel, it shall consult with Party A at least fifteen (15) days in advance in order to reach a mutual agreement between the Parties. 4.3 In order to facilitate provision of the Services by Party A, Party B shall be liable to pay the equivalent sum from the settlement with Party B as per the data calculated by Party A and confirmed by Party B in accordance with the Regulations on the Management of Monternet SP Cooperation of China Mobile Group Anhui Co., Ltd. 11. Party B shall abide by the provisions of both parties and provide Party A on a monthly basis with relevant materials requested by settlement invoice for the settlement of the message fees in order to liquidate the message fees of every month and shall bear any responsibility as incurred due to the failure of providing the settlement invoice for Party A in an accurate and timely manneras scheduled (Refer to Interim Regulations on the Message Fee Settlement of Monternet Service of China Mobile Group Anhui Co., Ltd for details). 4.4 12. Party B shall pay Service Fees undertake that the form and content of the SMS value-added service under this Agreement comply with the related national laws and regulations and infringe no the legal rights of any corporation, organization and natural person, including Party A. In the case where the form and content of the SMS value-added service provided by Party B violate related laws and regulations or infringe the legal rights of others which gets Party A involved in legal dispute, Party A is entitled to require Party B to eliminate the effect and bear any economic loss as incurred hereof to Party A on time and in full amount in accordance with Article 3 of this Agreement. 4.5 Party B shall maintain its good standing and presence, actively develop its business and procure investigate the maximization of the revenue. 4.6 The Parties hereby acknowledge that, pursuant to the terms and conditions of the Amended and Restated Equity Pledge Agreement entered into by all the registered shareholders civil responsibility of Party B as of the date of this Agreement (the “Existing Shareholders”) with Party A on November 3, 2017, each of the Existing Shareholders has pledged all of the equity interests in Party B held by it to Party A as security for Party B’s performance of its obligations under this Agreement. 4.7 During the term of this Agreement, Party B agrees to cooperate with Party A and Party A’s direct or indirect parent company in the audit of related party transactions and other audits, to provide relevant information and materials about Party B’s operation, business, customers, finance and employees to Party A, its parent company or its appointed auditor, and agrees that Party A’s parent company may disclose such information and materials for purpose of satisfying the regulatory requirements of the place where the securities of Party A’s parent company are listed.B.

Appears in 1 contract

Samples: Cooperation Agreement (Mopie (Bvi) LTD)

Obligations of Party B. 4.1 The Services provided by Party A under this Agreement shall be exclusive. During the effective term of this Agreement, without prior written consent of Party A, Party B may not enter into any agreement, orally oral or written, written agreement with any third party or otherwise engage for the purpose of engaging such third party to provide services the same as or similar to those provided by Party A hereunder. 4.2 Party B shall provide Party A with the finalized Annual Business Plan of Party B of the next year before 30 November 30 of each year, in order to facilitate Party A to plan for the arrange plans of Services, purchase necessary software and Equipment and secure necessary personnel and technical service force accordingly. In the event that case Party B demands needs Party A to purchase any certain new Equipment and/or deploy or have additional personnel, it shall consult with Party A at least fifteen (15) days in advance in order to reach a mutual agreement between the Parties. 4.3 In order to facilitate provision of the Services by Party A, Party B shall provide Party A with relevant materials requested required by Party A in an accurate and timely manner. 4.4 Party B shall pay Service Fees to Party A on in time and in full amount in accordance with according to Article 3 of this Agreementhereof. 4.5 Party B shall maintain its good standing and presence, actively develop its business business, and procure make effort to realize the maximization of the revenueoptimal results. 4.6 The Parties hereby acknowledge that, pursuant to the terms and conditions of the Amended and Restated Equity Pledge Agreement entered into by and among the Parties and all of the registered shareholders of Party B as of the date of this Agreement (the “Existing Shareholders”) with Party A on November 3, 2017), each of the Existing Shareholders has pledged all of the equity interests in Party B held by it to Party A as security for Party B’s performance of its obligations under this Agreement. 4.7 During the term of this Agreement, Party B agrees to cooperate with Party A and Party A’s direct or indirect parent company in the audit of related party transactions and other audits, to provide relevant related information and materials about Party B’s business, operation, business, customers, finance and employees to Party A, its parent company or its appointed authorized auditor, and agrees that Party A’s parent company may disclose such related information and materials for purpose of satisfying the regulatory requirements of the place where the securities of stock exchange on which Party A’s parent company are is listed.

Appears in 1 contract

Samples: Exclusive Consulting and Services Agreement (Jumei International Holding LTD)

Obligations of Party B. 4.1 The Services provided by Announcing fully and exactly on Party A under this Agreement shall be exclusiveB’s website or relevant merchants’ websites: (i) information about products and services; (ii) policies for return/ exchange and warranty for the Products and servies; (iii) policies for delivery and other policies. During the effective term (If any). - Check information related to successful payment transactions of this Agreement, without prior written consent of Party Abuyers before handing/delivering Products and services. In case errors are detected, Party B may not enter into any agreement, orally or written, with any third party or otherwise engage such third party has to provide services immediately notify the same as or similar to those provided by buyer and Party A hereunder. 4.2 is obliged to handle & resolve the situation. - Ensure delivery to the customers according to the commitments on the website of Party B’s merchants. Party B shall provide or shall ensure that Party B’s merchants store documents, bxxx of sales or delivery bills, delivery notes signed by the Buyer, and other evidences to be able to resolve complaints & disputes. Party B shall solely be responsible if a complaint cannot be resolved due to lack of evidences. - Party B undertakes to refund the buyer in case of complaints & disputes where there is evidence of: (i) Buyer not receiving the item and Party B not having any evidence for the delivery of the Products and services to the Buyer; (ii) Buyer complains that the payment transaction is fraudulent/forged and Party B has evidence of delivery of the goods or services to the Buyer. - After comparing information & evidences provided by the Buyer and Party B and if Party A with comes to the finalized Annual Business Plan conclusion the complaint of the Buyer is accurate, Party A has the right to refund to the Buyer: The transacted amount including the support payment service fee that Party A is entitled to receive. If the balance in Party B’s VTC Pay account of is not sufficient, Party B wis obliged to top up the needed amount of money to the next year before November 30 VTC Pay account and/or Party A has the right to deduct the respective amount from the payout for the latest period of each year, in order payment- reconciliation. - Responsible for monthly reconciliation and confirmation towards Party A and to facilitate provide necessary documents to Party A to plan for the Services, purchase necessary software and Equipment and secure necessary personnel and technical service force accordinglymake monthly payments. In the event that Party B demands - Coordinate with Party A to purchase any new Equipment and/or deploy additional personnel, it shall consult with Party A at least fifteen resolve complaints of customer or investigations of State management agencies (15) days in advance in order to reach a mutual agreement between the Parties. 4.3 In order to facilitate provision of the Services by Party A, Party B shall provide Party A with relevant materials requested by Party A in an accurate and timely manner. 4.4 Party B shall pay Service Fees to Party A on time and in full amount in accordance with Article 3 of this Agreement. 4.5 Party B shall maintain its good standing and presence, actively develop its business and procure the maximization of the revenue. 4.6 The Parties hereby acknowledge that, pursuant to the terms and conditions of the Amended and Restated Equity Pledge Agreement entered into by all the registered shareholders of Party B as of the date of this Agreement (the “Existing Shareholders”) with Party A on November 3, 2017, each of the Existing Shareholders has pledged all of the equity interests in Party B held by it to Party A as security for Party B’s performance of its obligations under this Agreement. 4.7 During the term of this Agreement, Party B agrees to cooperate with Party A and Party A’s direct if any). - Perform other duties or indirect parent company merchants outlined in the audit of related party transactions and other audits, to provide relevant information and materials about Party B’s operation, business, customers, finance and employees to Party A, its parent company or its appointed auditor, and agrees that Party A’s parent company may disclose such information and materials for purpose of satisfying the regulatory requirements of the place where the securities of Party A’s parent company are listedappendices.

Appears in 1 contract

Samples: Agreement on Accepting Online Payment Service (Society Pass Incorporated.)

Obligations of Party B. 4.1 The Services services provided by Party A under this the Agreement shall be are exclusive. During the effective term of this the Agreement, without the prior written consent of Party A, Party B may shall not enter into any agreement, orally written agreement or written, verbal agreement or other arrangements with any other third party or otherwise in order to engage such third party to provide other services that are the same as or similar to those the services provided by Party A hereunder.under the Agreement. The Parties agree that Party A may designate a third party to provide Party B with the services agreed in the Agreement. For the avoidance of doubt, the Agreement does not restrict Party A from providing any goods and / or services to third parties other than Party B. 4.2 Party B shall provide Party A with the finalized Annual Business Plan of Party B of B’s confirmed annual business plan for the next year before November 30 of each year, in order to facilitate so that Party A to can arrange the corresponding service plan for and purchase the Services, purchase necessary required software and Equipment and secure necessary equipment, hire personnel and buy technical service force accordinglycapacity. In the event that If Party B demands temporarily requires Party A to purchase any new Equipment and/or deploy additional personnelequipment or hire staff, it shall consult with Party A at least fifteen (15) days in advance in order to reach a mutual agreement consensus between the Parties. 4.3 In order to facilitate Party A’s provision of the Services by Party Aservices, Party B shall shall, at Party A’s request, provide Party A with relevant materials requested by Party A the required information in an accurate and timely manner. 4.4 Party B shall pay Service Fees to Party A the service fees on time and in full amount in accordance with according to the provisions of Article 3 of this Agreementherein. 4.5 Party B shall maintain its good standing reputation and presence, actively develop its proactively expand business and procure the maximization of the to maximize revenue. 4.6 The Parties hereby acknowledge that, pursuant confirm that according to the terms and conditions of the Amended and Restated Equity Pledge Agreement entered into by all (including revisions, additions or restatements from time to time) at the registered shareholders time of signing of the Agreement and Party A on the same day as the Agreement, Suzhou Xiecheng Trade Co., Ltd. have pledged its equity respectively held in Party B to Party A to guarantee the performance of the obligations of Party B as of under the date of this Agreement (the “Existing Shareholders”) with Party A on November 3, 2017, each of the Existing Shareholders has pledged all of the equity interests in Party B held by it to Party A as security for Party B’s performance of its obligations under this Agreement. 4.7 During the term of this the Agreement, Party B agrees to cooperate with Party A and its (direct or indirect) parent company to conduct related party transaction audits and other types of audits, and provide Party A’s direct , its parent company, or indirect parent company in the audit of related party transactions and other audits, to provide relevant information and materials about Party B’s operationits authorized auditors with operations, business, customers, finance finances, employees, and employees other relevant information and materials related to Party A, its parent company or its appointed auditorB, and agrees that Party A’s parent company may disclose discloses such information and materials for purpose of satisfying to meet the regulatory requirements of the place where the securities listing market of Party A’s such parent company are listedcompany.

Appears in 1 contract

Samples: Exclusive Technical Consulting and Service Agreement (Boqii Holding LTD)

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Obligations of Party B. 4.1 The Services services provided by Party A under this Agreement shall be hereunder are exclusive. During ; and during the effective term of this Agreementhereof, without prior written consent of Party A, Party B may shall not enter into any agreement, orally written or written, oral agreement with any other third party or otherwise to engage such third party to provide services the same as or similar to services as those provided by Party A hereunder. 4.2 Party B shall provide Party A with the finalized Annual Business Plan determined annual business plan of Party B of for the next following year before by November 30 of each year, in order to facilitate year so that Party A to can arrange the corresponding service plan for and acquire the Servicesrequired software, purchase necessary software and Equipment and secure necessary equipment, personnel and technical service force accordinglyforce. In the event that If Party B demands temporarily needs additional equipment or personnel from Party A to purchase any new Equipment and/or deploy additional personnelA, it shall consult with Party A at least fifteen (15) days in advance in order so as to reach a mutual agreement between the Partiesconsensus. 4.3 In order to To facilitate the provision of the Services services by Party A, Party B shall provide Party A with the relevant materials information requested by Party A in an accurate and timely mannermanner upon Party A’s request. 4.4 Party B shall pay Service Fees to Party A the service charge on time and in full amount in accordance with the provisions of Article 3 of this Agreementhereof. 4.5 Party B shall maintain its good standing and presencereputation, actively develop expand its business and procure the maximization of the strive to maximize its revenue. 4.6 The Parties hereby acknowledge confirm that, pursuant to the terms and conditions of the Amended and Restated an “Equity Pledge Agreement entered into by Agreement” dated ______________, 2020 among all the registered shareholders of Party B as at the time of the date of this Agreement execution hereof (the “Existing Shareholders”) with and Party A on November 3, 2017A, each of the Existing Shareholders Shareholder has pledged all of the equity interests its respective equities in Party B held by it to Party A as security for to secure the performance of Party B’s performance of its obligations under this Agreementhereunder. 4.7 During the term of this Agreementhereof, Party B agrees to cooperate with Party A and Party A’s its parent company (including the direct or indirect parent company one) in the audit of related party associated transactions and other types of audits, to provide relevant information and materials about Party B’s operation, business, customers, finance and employees to Party A, its parent company or its appointed auditorauditor with information and materials relating to Party B’s operations, business, customers, finance, employees, etc., and agrees that to consent to the disclosure of such information and materials by Party A’s parent company may disclose such information and materials for the purpose of satisfying the regulatory requirements of the place where the its securities of Party A’s parent company are listed.

Appears in 1 contract

Samples: Exclusive Consultation and Service Agreement (Viomi Technology Co., LTD)

Obligations of Party B. 4.1 The Services services provided by Party A under this the Agreement shall be are exclusive. During the effective term of this the Agreement, without the prior written consent of Party A, Party B may shall not enter into any agreement, orally written agreement or written, verbal agreement or other arrangements with any other third party or otherwise in order to engage such third party to provide other services that are the same as or similar to those the services provided by Party A hereunder.under the Agreement. The Parties agree that Party A may designate a third party to provide Party B with the services agreed in the Agreement. For the avoidance of doubt, the Agreement does not restrict Party A from providing any goods and / or services to third parties other than Party B. 4.2 Party B shall provide Party A with the finalized Annual Business Plan of Party B of B’s confirmed annual business plan for the next year before November 30 of each year, in order to facilitate so that Party A to can arrange the corresponding service plan for and purchase the Services, purchase necessary required software and Equipment and secure necessary equipment, hire personnel and buy technical service force accordinglycapacity. In the event that If Party B demands temporarily requires Party A to purchase any new Equipment and/or deploy additional personnelequipment or hire staff, it shall consult with Party A at least fifteen (15) days in advance in order to reach a mutual agreement consensus between the Parties. 4.3 In order to facilitate Party A’s provision of the Services by Party Aservices, Party B shall shall, at Party A’s request, provide Party A with relevant materials requested by Party A the required information in an accurate and timely manner. 4.4 Party B shall pay Service Fees to Party A the service fees on time and in full amount in accordance with according to the provisions of Article 3 of this Agreementherein. 4.5 Party B shall maintain its good standing reputation and presence, actively develop its proactively expand business and procure the maximization of the to maximize revenue. 4.6 The Parties hereby acknowledge that, pursuant confirm that according to the terms and conditions of the Amended and Restated Equity Pledge Agreement entered into by all (including revisions, additions or restatements from time to time) signed between Xxxx XXX and Zhai Zhongshu at the registered shareholders time of signing of the Agreement and Party A on the same day as the Agreement, Xxxx XXX and Zhai Zhongshu have pledged their equity respectively held in Party B to Party A to guarantee the performance of the obligations of Party B as of under the date of this Agreement (the “Existing Shareholders”) with Party A on November 3, 2017, each of the Existing Shareholders has pledged all of the equity interests in Party B held by it to Party A as security for Party B’s performance of its obligations under this Agreement. 4.7 During the term of this the Agreement, Party B agrees to cooperate with Party A and its (direct or indirect) parent company to conduct related party transaction audits and other types of audits, and provide Party A’s direct , its parent company, or indirect parent company in the audit of related party transactions and other audits, to provide relevant information and materials about Party B’s operationits authorized auditors with operations, business, customers, finance finances, employees, and employees other relevant information and materials related to Party A, its parent company or its appointed auditorB, and agrees that Party A’s parent company may disclose discloses such information and materials for purpose of satisfying to meet the regulatory requirements of the place where the securities listing market of Party A’s such parent company are listedcompany.

Appears in 1 contract

Samples: Exclusive Technical Consulting and Service Agreement (Boqii Holding LTD)

Obligations of Party B. 4.1 The Services services provided by Party A under this the Agreement shall be are exclusive. During the effective term of this the Agreement, without the prior written consent of Party A, Party B may shall not enter into any agreement, orally written agreement or written, verbal agreement or other arrangements with any other third party or otherwise in order to engage such third party to provide other services that are the same as or similar to those the services provided by Party A hereunder.under the Agreement. The Parties agree that Party A may designate a third party to provide Party B with the services agreed in the Agreement. For the avoidance of doubt, the Agreement does not restrict Party A from providing any goods and / or services to third parties other than Party B. 4.2 Party B shall provide Party A with the finalized Annual Business Plan of Party B of B’s confirmed annual business plan for the next year before November 30 of each year, in order to facilitate so that Party A to can arrange the corresponding service plan for and purchase the Services, purchase necessary required software and Equipment and secure necessary equipment, hire personnel and buy technical service force accordinglycapacity. In the event that If Party B demands temporarily requires Party A to purchase any new Equipment and/or deploy additional personnelequipment or hire staff, it shall consult with Party A at least fifteen (15) days in advance in order to reach a mutual agreement consensus between the Parties. 4.3 In order to facilitate Party A’s provision of the Services by Party Aservices, Party B shall shall, at Party A’s request, provide Party A with relevant materials requested by Party A the required information in an accurate and timely manner. 4.4 Party B shall pay Service Fees to Party A the service fees on time and in full amount in accordance with according to the provisions of Article 3 of this Agreementherein. 4.5 Party B shall maintain its good standing reputation and presence, actively develop its proactively expand business and procure the maximization of the to maximize revenue. 4.6 The Parties hereby acknowledge that, pursuant confirm that according to the terms and conditions of the Amended and Restated Equity Pledge Agreement entered into by (including revisions, additions or restatements from time to time) signed between all the registered shareholders of Party B (hereinafter referred to as of the date of this Agreement (the “Existing Shareholders”) with and Party A on November 3A, 2017, each of the Existing Shareholders has have pledged all of the their equity interests respectively held in Party B held by it to Party A as security for Party B’s to guarantee the performance of its the obligations of Party B under this the Agreement. 4.7 During the term of this the Agreement, Party B agrees to cooperate with Party A and its (direct or indirect) parent company to conduct related party transaction audits and other types of audits, and provide Party A’s direct , its parent company, or indirect parent company in the audit of related party transactions and other audits, to provide relevant information and materials about Party B’s operationits authorized auditors with operations, business, customers, finance finances, employees, and employees other relevant information and materials related to Party A, its parent company or its appointed auditorB, and agrees that Party A’s parent company may disclose discloses such information and materials for purpose of satisfying to meet the regulatory requirements of the place where the securities listing market of Party A’s such parent company are listedcompany.

Appears in 1 contract

Samples: Exclusive Technical Consulting and Service Agreement (Boqii Holding LTD)

Obligations of Party B. 4.1 The Services provided by Party A under this Agreement shall be hereunder are sole and exclusive. During the effective term of this Agreement, without the prior written consent of Party A, Party B may shall not enter into directly or indirectly sign any agreement, orally written or written, oral agreement with any third party or otherwise engage to hire such third party to provide services that are the same as or similar to those provided by Party A hereunder. 4.2 Party B shall provide Party A with the finalized confirmed Annual Business Plan of Party B of for the next year before November 30 December 31st of each year, in order to facilitate so that Party A can arrange the corresponding service plan and add the required software, Equipment, personnel and technical personnel. If Party B temporarily needs Party A to plan for the Services, purchase necessary software and Equipment and secure necessary personnel and technical service force accordingly. In the event that Party B demands Party A to purchase any new Equipment and/or deploy provide additional equipment or personnel, it shall consult negotiate with Party A at least fifteen (15) days in advance in order to reach a mutual agreement between the Parties. 4.3 In order to facilitate provision of the Services by Party AA to provide Services, Party B shall provide Party A with the required relevant materials requested by Party A in an accurate information accurately and timely manner.at the request of Party A. 4.4 Party B shall pay the Service Fees Fee to Party A in full and on time and in full amount in accordance with according to Article 3 of this Agreementhereof. 4.5 Party B shall maintain its good standing and presencereputation, actively develop expand its business business, and procure the maximization of the revenuestrive to maximize its income. 4.6 The Parties hereby acknowledge that, pursuant to the terms and conditions of the Amended and Restated Equity Pledge Agreement entered into by that all the registered shareholders of Party B as of at the date of time when this Agreement is signed (the hereinafter referred to as “Existing Shareholders”) with and Party A on November 3, 2017, each will sign an Equity Pledge Agreement at the same time of the signing this Agreement. All Existing Shareholders has pledged all of the shall pledge their respective equity interests in Party B held by it to Party A as security for to guarantee the performance of Party B’s performance of its obligations under this Agreement. 4.7 Party A has the right to audit Party B’s accounts regularly and at any time, and Party B shall keep accounts timely and accurately, and provide its accounts to Party A at the request of Party A. During the term of this Agreement, Party B agrees to cooperate with Party A and Party A’s its parent company (including direct or indirect parent company indirect) in the audit of conducting related party transactions transaction audits and other audits, to and provide Party A, its parent company or its entrusted auditors with relevant information and materials about on Party B’s operation, business, customers, finance and employees to Party A, its parent company or its appointed auditoremployees, and agrees that Party A’s parent company may will disclose such information and materials for purpose of satisfying in order to meet the regulatory requirements of the place where the its securities of are listed. 4.8 Without Party A’s parent company are listedconsent, Party B shall not (directly or indirectly), and shall urge Party B’s subsidiaries not to operate businesses within the scope permitted by Party A’s Business License and relevant licenses for operation. 4.9 Party B shall not take, and shall urge Party B’s Subsidiaries not to take, any action that may have any adverse effect on any rights enjoyed by Party A for the Services provided under this Agreement.

Appears in 1 contract

Samples: Exclusive Business Cooperation Agreement (Onion Global LTD)

Obligations of Party B. 4.1 The Services provided by Party A under this Agreement shall be exclusive. During the effective term of this Agreement, without prior written consent of Party A, Party B may not enter into any agreement, orally or writtenin writing, with any third party or otherwise engage such third party to provide services the same as or similar to those provided by Party A hereunder. 4.2 Party B shall provide Party A with the finalized Annual Business Plan of Party B of the next year before November 30 of each year, in order to facilitate Party A to plan for the Services, purchase necessary software and Equipment and secure necessary personnel and technical service force accordingly. In the event that Party B demands Party A to purchase any new Equipment and/or deploy additional personnel, it shall consult with Party A at least fifteen (15) days in advance in order to reach a mutual agreement between the Parties. 4.3 In order to facilitate provision of the Services by Party A, Party B shall provide Party A with relevant materials requested by Party A in an accurate and timely manner. 4.4 Party B shall pay Service Fees to Party A on time and in full amount in accordance with Article 3 of this Agreement. 4.5 Party B shall maintain its good standing and presence, actively develop its business and procure the maximization of the revenue. 4.6 The Parties hereby acknowledge that, pursuant to the terms and conditions of the Amended and Restated Equity Pledge Agreement entered into by all the registered shareholders of Party B as of the date of this Agreement (the “Existing Shareholders”) with Party A on November 3March 15, 20172019, each of the Existing Shareholders has pledged all of the equity interests in Party B held by it to Party A as security for Party B’s performance of its obligations under this Agreement. 4.7 During the term of this Agreement, Party B agrees to cooperate with Party A and Party A’s direct or indirect parent company in the audit of related party transactions and other audits, to provide relevant information and materials about Party B’s operation, business, customers, finance and employees to Party A, its parent company or its appointed auditor, and agrees that Party A’s parent company may disclose such information and materials for purpose of satisfying the regulatory requirements of the place where the securities of Party A’s parent company are listed.

Appears in 1 contract

Samples: Exclusive Consultation and Service Agreement (YX Asset Recovery LTD)

Obligations of Party B. 4.1 The Services provided by Party A under this Agreement shall be exclusive. During the effective term of this Agreement, without prior written consent of Party A, Party B may not enter into any agreement, orally oral or written, written agreement with any third party or otherwise engage for the purpose of engaging such third party to provide services the same as or similar to those provided by Party A hereunder. 4.2 Party B shall provide Party A with the finalized Annual Business Plan of Party B of the next year before 30 November 30 of each yearyear or any date otherwise determined by Party A, in order to facilitate Party A to plan for the arrange plans of Services, purchase necessary software and Equipment and secure necessary personnel and technical service force accordingly. In the event that case Party B demands needs Party A to purchase any certain new Equipment and/or deploy or have additional personnel, it shall consult with Party A at least fifteen (15) days in advance in order to reach a mutual agreement between the Parties. 4.3 In order to facilitate provision of the Services by Party A, Party B shall provide Party A with relevant materials requested required by Party A in an accurate and timely manner. 4.4 Party B shall pay Service Fees to Party A on in time and in full amount in accordance with according to Article 3 of this Agreementhereof. 4.5 Party B shall maintain its good standing and presence, actively develop its business business, and procure make effort to realize the maximization of the revenueoptimal results. 4.6 The Parties hereby acknowledge that, pursuant to the terms and conditions of the Amended and Restated Equity Pledge Agreement entered into by and among the Parties and all of the registered shareholders of Party B as of the date of this Agreement (the “Existing Shareholders”) with Party A on November 3August 20, 20172014, each of the Existing Shareholders has respectively pledged all of the equity interests in Party B held by it to Party A as security for Party B’s performance of its obligations under this Agreement. 4.7 During the term of this Agreement, Party B agrees to cooperate with Party A and Party A’s direct or indirect parent company in the audit of related party transactions and other audits, to provide relevant related information and materials about Party B’s business, operation, business, customers, finance and employees to Party A, its parent company or its appointed authorized auditor, and agrees that Party A’s parent company may disclose such related information and materials for purpose of satisfying the regulatory requirements of the place where the securities of stock exchange on which Party A’s parent company are is listed.

Appears in 1 contract

Samples: Exclusive Consulting and Services Agreement (Jumei International Holding LTD)

Obligations of Party B. 4.1 The Services 6.2.1 Party B is obliged to recommend loan applicants who meet the requirements agreed by Party A and Party B to Party A, conduct preliminary screening of the loan applicants in the cooperative region, collect relevant information and data of the loan applicants (including the basic information, repayment willingness, loan repayment capacity, loan use and other information of the loan applicants, and their evidentiary materials), provide them to Party A, and cooperate with Party A to access the service system or at the request of Party A, provide the account number of its service system to Party A, open relevant query authorities of its service system so that Party A accesses its service system to query loan-related data and information in real time. 6.2.2 Party B shall be held accountable for the authenticity, accuracy and integrity of the data transmitted by it. If the information or data of Party B provided by Party B contains false, misleading or concealed information, or Party B does not fulfill its obligation of verification, causing the information or data of the Borrowers to contain false, misleading or concealed information, Party A shall have the right to immediately terminate the cooperation with Party B, and recover the loan in advance. Party B shall assume the compensation liability for all the expenses arising therefrom or all the losses that may be incurred to Party A, the trust property under this Agreement Trust and trustors/beneficiaries. 6.2.3 Party B guarantees it will use the Loan Contracts in a version that has been confirmed by Party A. See the annex hereto. Party B guarantees the recommended loan applicants are not full-time school students, or other people without income. 6.2.4 Party B is obliged to cooperate with Party A to protect the security of the information of the Borrowers and shall not disclose or improperly use Borrower’s information (including but not limited to Borrower’s name, document type, document number, telephone number, mailing address and other personal information) or resell it for the purpose of profit. Without the authorization of the Borrowers, Party B shall not provide the above information of the Borrowers to any third-party organization or individual (unless otherwise specified in laws and regulations). If Party B violates the foregoing provisions, Party A shall have the right to immediately terminate the cooperation with Party B, Party B shall assume the compensation liability for all the expenses arising therefrom or all the losses that may be exclusive. During incurred to Party A, the effective term of trust property under this AgreementTrust, without prior written consent trustors/beneficiaries and Borrowers. 6.2.5 At the request of Party A, Party B may not enter into any agreementis obliged to preliminarily check the loan purpose of the Borrowers, orally or writtenkeep written records, with any third party or otherwise engage such third party promptly provide check records according to provide services the same as or similar to those provided by requirements of Party A, and agree that Party A hereunderhas the right to verify the authenticity of the loan purpose of the Borrowers through telephone verification and on-site spot check. 4.2 6.2.6 Party B shall provide legitimate loan collection services to Party A A, including normal reminder of repayment, reminder call for overdue loans, door-to-door collection of overdue loans, and handling of litigation/arbitration/execution at the request of Party A. When the collection is undertaken by Party B itself or a qualified third-party collection agency entrusted by it, they must comply with the finalized Annual Business Plan of Party B of laws, regulations as well as the next year before November 30 of each yearcollection specifications and guidelines designated by relevant regulators and industry associations, in order and no violent collection or other xxxxx to facilitate Party A to plan for the ServicesBorrower’s personal and property safety, purchase necessary software and Equipment and secure necessary personnel and technical service force accordinglyinfringement or other illegal or noncompliant circumstances shall appear. In the event that Party B demands Party A to purchase any new Equipment and/or deploy additional personnelviolates the foregoing provisions, it shall consult with Party A at least fifteen (15) days in advance in order to reach a mutual agreement between the Parties. 4.3 In order to facilitate provision causing complaints of the Services by Party ABorrowers, public opinions or personal or property damage of the Borrowers, Party B shall provide be responsible to handle these problems and bear all liabilities, while Party A is irrelevant with relevant materials requested by it. If loss is incurred to the Party A in an accurate and timely manner. 4.4 or the trust property under this Trust, or trustors/beneficiaries for this reason, Party B shall pay Service Fees to Party A on time and in full amount in accordance with Article 3 of this Agreementindemnify for the loss. 4.5 Party B shall maintain its good standing and presence, actively develop its business and procure 6.2.7 When the maximization creditor’s rights of the revenue. 4.6 The Parties hereby acknowledge that, pursuant to loans under the terms and conditions of the Amended and Restated Equity Pledge Agreement entered into by all the registered shareholders of Party B as of the date of this Agreement (the “Existing Shareholders”) with Party A on November 3, 2017, each of the Existing Shareholders has pledged all of the equity interests in Party B held by it to Party A as security for Party B’s performance of its obligations under this Agreement. 4.7 During the term of this Agreementtrust are transferred, Party B agrees is obliged to cooperate with inform it to the debtors. 6.2.8 Party A B is obliged to transmit files and Party A’s direct or indirect parent company in take good care of them at the audit request of related party transactions and other audits, to provide relevant information and materials about Party B’s operation, business, customers, finance and employees to Party A, its parent company or its appointed auditor, and agrees that Party A’s parent company may disclose such information and materials for purpose of satisfying the regulatory requirements of the place where the securities of Party A’s parent company are listed.including:

Appears in 1 contract

Samples: Cooperative Service and Management Agreement (CNFinance Holdings Ltd.)

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