Common use of Premature Termination of the Trial Clause in Contracts

Premature Termination of the Trial. 9.1 If for whatever reasons, the Recipient wishes to terminate the Trial before the expiration of the trial period of the Trial, the Recipient shall notify the Government in writing with reasons. Subject to the consent of the Government of the termination of the Trial, the Recipient shall dispose the Subsidized Products which are purchased with the provision of the Subsidy in accordance with the following arrangements: (a) The Recipient shall firstly seek a third party in the same transport trade to carry out the Trial for the remaining period. If the third party agrees to carry out the Trial for the remaining period of the Trial, the Recipient shall transfer and assign all Subsidized Products which are purchased with the provision of the Subsidy in accordance with this Agreement for the Trial at its own costs and expenses to the third party and procure the third party to enter into an agreement with the Government on the similar terms and conditions of this Agreement; (b) If the Recipient fails to procure a third party to carry out the Trial for the remaining period in respect of a unit of Subsidized Product which has resell value (such as a vehicle or a quick charger) within two (2) months, the Recipient shall sell the Subsidized Product by public auction. After the auction, the Recipient shall return to the Government an amount which is equal to the Recipient's net receipt from the auction (i.e. the winning bid price less auction house charges) multiplied by the Subsidized percentage of the Subsidized Product. To ensure due process is followed, the Recipient shall propose its choice of auctioneer for the Government’s approval before the Recipient engages the auctioneer to sell the Subsidized Product; and. (c) If the Recipient fails to procure a third party to carry out the Trial for the remaining period in respect of a unit of Subsidized Product which has no resell value within two (2) months, subject to the consent of the Government, the Recipient may dispose the Subsidized Product in the way the Recipient thinks fit. 9.2 Upon receipt of the written notice sent by the Recipient as provided under Clause 9.1 of this Agreement, the Government shall be entitled to cease to pay the Subsidy to the Recipient immediately. 9.3 Notwithstanding anything provided otherwise in this Agreement, this Agreement shall be terminated immediately upon (1) the execution of an agreement by both of the Government and the third party as provided in Clause 9.1(a) of this Agreement, or (2) the Government’s receipt of the return of money as provided in Clause 9.1(b), or (3) the Government’s consent to the Recipient for disposing the Subsidized Product as provided in Clause 9.1(c), whichever is the earlier. 9.4 The Government shall be entitled to make public the notification made by the Recipient on his decision to terminate the Trial before the expiration of the trial period of the Trial.

Premature Termination of the Trial. 9.1 If for whatever reasons, the Recipient wishes to terminate the Trial before the expiration of the trial period of the Trial, the Recipient shall notify the Government in writing with reasons. Subject to the consent of the Government of the termination of the Trial, the Recipient shall dispose the Subsidized Products which are purchased with the provision of the Subsidy in accordance with the following arrangements: (a) The Recipient shall firstly seek a third party in the same transport trade to carry out the Trial for the remaining period. If the third party agrees to carry out the Trial for the remaining period of the Trial, the Recipient shall transfer and assign all Subsidized Products which are purchased with the provision of the Subsidy in accordance with this Agreement for the Trial at its own costs and expenses to the third party and procure the third party to enter into an agreement with the Government on the similar terms and conditions of this Agreement; (b) If the Recipient fails to procure a third party to carry out the Trial for the remaining period in respect of a unit of Subsidized Product which has resell value (such as a vehicle or a quick charger) within two (2) months, the Recipient shall sell the Subsidized Product by public auction. After the auction, the Recipient shall return to the Government an amount which is equal to the Recipient's net receipt from the auction (i.e. the winning bid price less auction house charges) multiplied by the Subsidized percentage of the Subsidized Product. To ensure due process is followed, the Recipient shall propose its choice of auctioneer for the Government’s approval before the Recipient engages the auctioneer to sell the Subsidized Product; and. (c) If the Recipient fails to procure a third party to carry out the Trial for the remaining period in respect of a unit of Subsidized Product which has no resell value within two (2) months, subject to the consent of the Government, the Recipient may dispose the Subsidized Product in the way the Recipient thinks fit. 9.2 Upon receipt of the written notice sent by the Recipient as provided under Clause 9.1 of this Agreement, the Government shall be entitled to cease to pay the Subsidy to the Recipient immediately. 9.3 Notwithstanding anything provided otherwise in this Agreement, this Agreement shall be terminated immediately upon (1) the execution of an agreement by both of the Government and the third party as provided in Clause 9.1(a) of this Agreement, or (2) the Government’s receipt of the return of money as provided in Clause 9.1(b), or (3) the Government’s consent to the Recipient for disposing the Subsidized Product as provided in Clause 9.1(c), whichever is the earlier. 9.4 The Government shall be entitled to make public the notification made by the Recipient on his decision to terminate the Trial before the expiration of the trial period of the Trial.

Premature Termination of the Trial. 9.1 If for whatever reasons, the Recipient wishes to terminate the Trial before the expiration end of the trial period of the TrialTrial Period as stipulated in Schedule 1, the Recipient shall notify the Government in writing with of the reasons. Subject to the prior written consent of the Government of to the early termination of the Trial, the Recipient shall dispose of the Subsidized Products which are purchased with the provision of the Subsidy in accordance with any of the following arrangements: (a) The Recipient shall firstly seek a third party in the same transport trade who agrees to carry out take up the Trial for the remaining periodTrial Period as stipulated in Schedule 1. If the third party agrees to carry out the Trial for the remaining period of the Trial, the The Recipient shall then transfer and assign all Subsidized Products which are purchased with the provision of the Subsidy in accordance with this Agreement for the Trial at its own costs cost and expenses expense to the third party and procure the third party to enter into an agreement with the Government on the similar terms and conditions of this Agreement; (b) If the Recipient fails to procure a third party to carry out take up the Trial for the remaining period Trial Period as stipulated in Schedule 1 in respect of a unit of Subsidized Product which has resell value (such as a vehicle or a quick charger) resale value, within two (2) monthsmonths starting from the day on which the Recipient issues a written notice to the Government requesting the early termination of the Trial, the Recipient shall sell the Subsidized Product by public auction. After the auction, the Recipient shall return to the Government an amount which is equal to the Recipient's net receipt from the auction (i.e. the winning bid price less auction house charges) multiplied by the Subsidized percentage Percentage of the Subsidized Product. To ensure due process is followed, the Recipient shall propose its choice of the auctioneer for the Government’s written approval before the Recipient engages the auctioneer to sell the Subsidized Product; and. (c) If the Recipient fails to procure a third party to carry out the Trial for the remaining period in respect of a unit of Subsidized Product which has no resell resale value as certified by a Surveyor within two (2) months, subject to the prior written consent of the Government, the Recipient may dispose of the Subsidized Product in compliance with the way Waste Disposal (Chemical Waste)(General)Regulation (Chapter 354 sub. leg. C of the Recipient thinks fitLaws of Hong Kong). 9.2 Upon receipt of the written notice sent by the Recipient as provided under Clause 9.1 of this Agreement, the Government shall be entitled to cease to pay the outstanding Subsidy to the Recipient immediately. 9.3 Notwithstanding anything provided otherwise in this Agreement, this Agreement shall be terminated immediately upon (1) the execution of an agreement by both of the Government and the third party as provided stipulated in Clause 9.1(a) of this Agreement, ; or (2) the Government’s receipt by the Government of the return of money as provided in returned from the Recipient pursuant to Clause 9.1(b), ; or (3) the Government’s giving of the written consent by the Government to the Recipient for disposing to dispose of the Subsidized Product as provided in accordance with Clause 9.1(c), whichever is the earlier. 9.4 The Government shall be entitled to make public the notification made by the Recipient on his regarding its decision to terminate the Trial before the expiration end of the trial period of the TrialTrial Period as stipulated in Schedule 1.