Common use of Rights and Obligations of Both Parties Clause in Contracts

Rights and Obligations of Both Parties. 7.1 Party A shall have the following rights and obligations: § to draw down and use the Loan according to this Contract; § if Party A repays the Loan before maturity date, it shall obtain prior written consent from Party B and shall compensate Party B against the losses for expected income and relevant expenses; § to bear all expenses incurred under this Contract; § it shall notify Party B at least 30 days in advance of any activities that would have a negative impact upon Party B’s ability to realize its rights such as joint operation, merger, restructuring, sale of material asset, etc. and obtain Party B’s written consent, otherwise, Party A is not allowed to carry out the afore mentioned activity before repayment of the Loan; § to notify Party B of any changes like location, contact address, business scope, legal representative and other commercial register items within 7 days after these changes; § it shall notify Party B immediately the occurrence of any event that will affect its normal operation or solvency under this contract, such as (but not restrain to) severe economic dispute, bankruptcy, financial deterioration etc; § In case of it winding up, dissolution, suspension of operation, revoke of business license, Party A should notify Party B of such events within 5 days after their occurrence and undertake to repay the principal and interest immediately. § Others as agreed. 7.2 Party B shall have the following rights and obligations: § to require Party A to provide all materials related to the Loan; § to deduct the principal, interest, compound interest, penalty interest and other due expenses relating to the Loan under this Contract directly from Party B’s account in accordance with the provisions of this Contract or relevant law; § in case of Party A’s evasion of Party B’s monitoring, default in payment for due principal or interest and other severe breach of the Contract, Party B is entitled to impose credit penalty against Party A, notify relevant departments or entities of such breach and put up payment demand notice on public media; § to provide loan to Party A in time according to the provisions of the Contract (except for the delays due to Party A’s reason); § to keep confidential of the information and materials provided by Party A..

Appears in 5 contracts

Samples: Working Capital Loan Contract (Las Vegas Resorts Corp), Working Capital Loan Contract (Las Vegas Resorts Corp), Working Capital Loan Contract (Las Vegas Resorts Corp)

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Rights and Obligations of Both Parties. 7.1 Party A shall have the following rights and obligations: § to draw down and use the Loan according to this Contract; § if Party A repays not to repay the Loan before maturity date, it shall obtain prior date without obtaining written consent from Party B and shall compensate Party B against the losses for expected income and relevant expensesB; § to bear all expenses incurred under this Contract; § it shall notify Party B at least 30 days in advance of any activities that would have a negative impact upon Party B’s ability to realize its rights such as joint operation, merger, restructuring, sale of material asset, etc. and obtain Party B’s written consent, otherwise, Party A is not allowed to carry out the afore mentioned activity before repayment of the Loan; § to notify Party B of any changes like location, contact address, business scope, legal representative and other commercial register items within 7 days after these changes; § it shall notify Party B immediately the occurrence of any event that will affect its normal operation or solvency under this contract, such as (but not restrain to) severe economic dispute, bankruptcy, financial deterioration etc; § In case of it winding up, dissolution, suspension of operation, revoke of business license, Party A should notify Party B of such events within 5 days after their occurrence and undertake to repay the principal and interest immediately. § Others as agreed. 7.2 Party B shall have the following rights and obligations: § to require Party A to provide all materials related to the Loan; § to deduct the principal, interest, compound interest, penalty interest and other due expenses relating to the Loan under this Contract directly from Party B’s account in accordance with the provisions of this Contract or relevant law; § in case of Party A’s evasion of Party B’s monitoring, default in payment for due principal or interest and other severe breach of the Contract, Party B is entitled to impose credit penalty against Party A, notify relevant departments or entities of such breach and put up payment demand notice on public media; § to provide loan to Party A in time according to the provisions of the Contract (except for the delays due to Party A’s reason); § to keep confidential of the information and materials provided by Party A..

Appears in 3 contracts

Samples: Working Capital Loan Contract (Las Vegas Resorts Corp), Working Capital Loan Contract (Las Vegas Resorts Corp), Working Capital Loan Contract (Las Vegas Resorts Corp)

Rights and Obligations of Both Parties. 7.1 1. Party A shall provide support to Party B in accordance with Article 6 hereof. 2. Party B shall strictly in accordance with the provisions herein Jilin (Region) Promoting and selling Party A's products legally, justly and truthfully, shall not conduct anything unrelated to the promotion and sale of Party A's products in the name of Party A, otherwise, Party A has the right not to recognize them. In case of economic losses caused to Party A, Party A shall have the following right to cancel Party B's product agency qualification at any time and require Party B to bear all economic losses and all rights and obligations: § protection expenses (including, but not limited to draw down and use the Loan according to this Contract; § if attorney's fees, legal costs, arbitration fee, preservation fee, security premium, etc.). 3. Party A repays shall have the Loan before maturity dateright to supervise and manage Party B's behavior and to request to modify the behavior made by Party B that is unfavorable to Party A. Party B shall make effective rectification within 3 days after receiving the rectification notice proposed by Party A. If external impact, it shall obtain prior written consent from take timely measures to eliminate the negative impact. 4. Party B shall not sell to the territory not agreed herein for any reason, otherwise Party A shall have the right to terminate this Agreement at any time. 5. Party B has only the right to be in the Jilin region to cooperate with third-parties and has no right to sign the agreement on behalf of Party A. If Party B signs the agreement on behalf of Party A without authorization, Party A has the right not to recognize it. If the agent recommended by Party B in the advance reported list directly signs the purchase with Party A, the purchase of the agent shall be regarded as Party B's purchase and shall compensate be included in Party B against B's performance in the losses for expected income and relevant expenses; § to bear all expenses incurred under this Contract; § it assessment. 6. Before the agreement is signed by both parties, Party A shall notify Party B at least 30 days B's existing customers, but the repurchase shall be included in advance of any activities that would have a negative impact upon Party B’s ability to realize its rights such as joint operation, merger, restructuring, sale of material asset, etcthe agreement. 7. and obtain Party B’s written consent, otherwise, Party A is not allowed to carry out When adjusting the afore mentioned activity before repayment person in charge of the Loan; § to notify Party B of any changes like location, contact address, business scope, legal representative and other commercial register items within 7 days after these changes; § it shall notify Party B immediately the occurrence of any event that will affect its normal operation or solvency under this contract, such as (but not restrain to) severe economic dispute, bankruptcy, financial deterioration etc; § In case of it winding up, dissolution, suspension of operation, revoke of business license, Party A should notify Party B of such events within 5 days after their occurrence and undertake to repay the principal and interest immediately. § Others as agreed. 7.2 Party B shall have the following rights and obligations: § to require Party A to provide all materials related market area due to the Loan; § to deduct the principal, interest, compound interest, penalty interest and other due expenses relating to the Loan under this Contract directly from Party B’s account in accordance with the provisions of this Contract or relevant law; § in case work needs of Party A’s evasion of , it shall coordinate and hand over the business with Party B’s monitoring, default in payment for due principal or interest and other severe breach of the Contract, Party B is entitled to impose credit penalty against Party A, notify relevant departments or entities of such breach and put up payment demand notice on public media; § to provide loan to Party A in time according to the provisions of the Contract (except for the delays due to Party A’s reason); § to keep confidential of the information and materials provided by Party A..B.

Appears in 3 contracts

Samples: Strategic Cooperation Agreement for Clinical Promotion (MED EIBY Holding Co., LTD), Strategic Cooperation Agreement for Clinical Promotion (MED EIBY Holding Co., LTD), Strategic Cooperation Agreement for Clinical Promotion (MED EIBY Holding Co., LTD)

Rights and Obligations of Both Parties. 7.1 1. Party A shall have provide support to Party B in accordance with Article 6 of this agreement. 2. Party B shall promote and sell Party A's products in Sichuan Province (region) in strict accordance with the following rights contents agreed in this agreement, and obligations: § shall not do anything unrelated to draw down the promotion and use sales of Party A's products in the Loan according name of Party A, otherwise Party A has the right to this Contract; § refuse to approve. Therefore, if Party A's economic losses are caused, Party A repays has the Loan before maturity dateright to cancel Party B's product agency qualification at any time and ask Party B to bear all economic losses and all rights protection expenses (including but not limited to attorney fees, legal fees, arbitration fees, preservation fees, guarantee fees, etc.) caused by Party A. 3. Party A has the right to supervise and manage Party B's behavior, and has the right to ask for modification of Party B's behavior that is detrimental to Party A. Party B shall make effective rectification within 3 days after receiving the rectification notice put forward by Party A, and take timely measures to eliminate the negative impact if it causes external impact. 4. Party B shall obtain prior written consent from not sell to areas outside the agreement for any reason, otherwise Party A has the right to terminate this agreement at any time. 5. Party B only has the right to promote the cooperation between Party B and shall compensate the third party in Sichuan Province (region), and has no right to sign an agreement on behalf of Party A. If Party B against the losses for expected income and relevant expenses; § to bear all expenses incurred under this Contract; § it shall notify signs an agreement on behalf of Party B at least 30 days in advance of any activities that would have a negative impact upon Party B’s ability to realize its rights such as joint operation, merger, restructuring, sale of material asset, etc. and obtain Party B’s written consent, otherwiseA without authorization, Party A is not allowed has the right to carry out reject it. If the afore mentioned activity before repayment of the Loan; § to notify agent recommended by Party B of any changes like location, contact address, business scope, legal representative and other commercial register items within 7 days after these changes; § it shall notify Party B immediately in the occurrence of any event that will affect its normal operation or solvency under this contract, such as (but not restrain to) severe economic dispute, bankruptcy, financial deterioration etc; § In case of it winding up, dissolution, suspension of operation, revoke of business license, Party A should notify Party B of such events within 5 days after their occurrence and undertake to repay pre-reporting list directly signs the principal and interest immediately. § Others as agreed. 7.2 Party B shall have the following rights and obligations: § to require Party A to provide all materials related to the Loan; § to deduct the principal, interest, compound interest, penalty interest and other due expenses relating to the Loan under this Contract directly from Party B’s account in accordance purchase with the provisions of this Contract or relevant law; § in case of Party A’s evasion of Party B’s monitoring, default in payment for due principal or interest and other severe breach of the Contract, Party B is entitled to impose credit penalty against Party A, notify relevant departments or entities of such breach the agent's purchase will be regarded as Party B's purchase, and put up payment demand notice on public media; § to provide loan to will be included in Party B's performance during the assessment. 6. Before the agreement signed by both parties comes into effect, the sales reported and authorized by Party A in time according to are not within the provisions scope of the Contract (except for agreement, including the delays due to Party A’s reason); § to keep confidential repurchase behavior of the information customer in the future, and materials provided are not bound by Party A..this agreement.

Appears in 3 contracts

Samples: Authorized Product Sales Cooperation Agreement (MED EIBY Holding Co., LTD), Authorized Product Sales Cooperation Agreement (MED EIBY Holding Co., LTD), Authorized Product Sales Cooperation Agreement (MED EIBY Holding Co., LTD)

Rights and Obligations of Both Parties. 7.1 1. The First Party A is obligated to open a current account for the Second Party and shall implement his/her instructions on the account with due diligence within the framework of banking practices, rules, and regulations. However, the First Party shall not be held accountable for any damage arising from the implementation of these instructions unless this damage is a result of his/her gross negligence or his/her willful commitment of misconduct or failure to act with due diligence for purposes of implementing this Agreement with due care, skill, prudence and diligence and under the circumstances that are expected to be performed reasonably by a similar enterprise 2. The First Party shall be entitled to utilize the funds deposited in the current account for its own benefit, subject to its full commitment to enable the Second Party have access to these funds immediately upon his/her request. The Second Party shall not be entitled to claim any profits therefrom. However, the following rights two parties may have an independent agreement to arrange their relationship whereby the Second Party can obtain profits from those funds. 3. The Second Party shall be prohibited from utilizing the account for any unlawful purpose or activity, and obligations: § he/she should inform the First Party in the event of any objection or suspicion of operations taking place on his/her account. The lapse of thirty days from the date of carrying out any transaction without the Second Party’s objection shall be deemed to draw down constitute an approval and use confirmation by the Loan according Second Party of the validity of such transaction. 4. The First Party may collect a specific fee from the Second Party in exchange for the services it provides to him/her, and it may collect such fee directly without referring to the Second Party provided, however, that such fees are not inconsistent with the guidelines duly issued by the Central Bank of Saudi Arabia, and that they are published by the branches of the First Party and its website within a deadline of thirty (30) days prior to the application of such fees. 5. The Second Party shall bear any current and future expenses or taxes which may be imposed by the government regarding any products and services provided by the First Party to the Second Party. 6. The First Party shall advise the Second Party via text messages on the mobile phone number stated in this Contract; § if Agreement - or any other means that may be mutually agreed - of the following: A. All transactions executed on the current account as soon as they occur. B. Within reasonable grace period prior to the change of the account’s status. 7. The Second Party A repays shall forthwith update the Loan before maturity datedata of his/her personal identity and other personal information duly recorded in the Agreement, it and in case of any breaches with this requirement and for the purposes of adhering to the applicable regulations, the First Party may freeze the current account. 8. The Second Party hereby agrees that, for purposes of opening and running the current account and complying with the applicable regulations, the First Party shall obtain prior written consent from the Second Party’s personal identity data and updated information through the services provided by the National Information Center or any other reliable and independent bodies. 9. In the event of a breach by the Second Party B of this Agreement, the First Party shall be entitled to take the measures it deems appropriate within the framework of applicable banking practices, rules, and regulations. 10. The Second Party shall compensate be entitled to close the current account and recover the full credit balance at any time, after submitting a request to the First Party B against accompanied by the losses for expected income ATM cards, checks and relevant expenses; § any other items related to bear all expenses incurred under this Contract; § the account. The First Party may decline the request to close the account if it shall notify Party B at least 30 days in advance of is associated with any activities that would have a negative impact upon Party B’s ability to realize its rights such as joint operation, merger, restructuring, sale of material asset, etc. and obtain Party B’s written consent, otherwise, Party A is not allowed to carry out the afore mentioned activity before repayment of the Loan; § to notify Party B of any changes like location, contact address, business scope, legal representative and other commercial register items within 7 days after these changes; § it shall notify Party B immediately the occurrence of any event that will affect its normal operation or solvency under this contractfinancial obligations, such as (but not restrain to) severe economic disputeissuing letters of guarantee, bankruptcyopening letter of credits, financial deterioration etc; § In discount of commercial bills and other similar obligations that require the continuation of the account. 11. The First Party shall be entitled to close the current account in case of failure of the Second Party to deposit any funds in the account for a period of (ninety) days from the date of its opening, or if the Second Party deposits a certain amount and subsequently withdraws it winding upso that the account balance is zero for a period of four (4) years, dissolutionprovided that the First Party shall advise the Second Party via text messages over his/her mobile phone number mentioned in the Agreement - or any other approved means – within a reasonable grace period prior to closing the account. 12. The First Party may send text messages, suspension communicate by phone, or send marketing publications to the Second Party regarding the products and services provided by the First Party unless the Second Party shows unwillingness to receive these marketing messages and publications pursuant to the provisions of operationClause (First) of the Agreement. 13. The Second Party shall be entitled to have access to his/her account statement through electronic banking services and may also request to be served an account statement on his/her e-mail or national address as indicated in the Agreement or to any other address he/she specifies. 14. In the event that the First Party becomes aware of the death of the Second Party or losing his/her eligibility or initiating any liquidation or administrative liquidation procedures, revoke the First Party shall stop dealing on the account until the heirs are determined by a legal deed or a guardian/custodian or liquidator (the trustee of business licensethe liquidation or the bankruptcy committee) is appointed and authorized to manage the account by a decision of the competent court. 15. All accounts of the Second Party with the First Party shall constitute one consolidated account, and the First Party A should notify may at any time, without recourse to the Second Party, conduct a set-off between them and deduct any funds from them to meet any obligations accruing from the Second Party. 16. It is not permissible for a party who has defaulted or neglected to advise the other party of a change in its contact address or contact information within seven (7) days on the grounds of not being aware of the advice or not having access to it. 17. The Second Party B shall refrain from making any remittance of funds outside the Kingdom of Saudi Arabia to any non-profit organizations, and the First Party shall be entitled to decline to make such events within 5 days after their occurrence remittances. (11) 18. The First Party does not bear any responsibility towards the Second Party for delay or non-delivery of the bank remittance to the beneficiary due to an error or malfunction occurring in the technical systems outside the control of the First Party, or in the event that the beneficiary’s information is incomplete or non-existent, or for any other reason beyond the First Party’s control, unless the delay or failure to deliver the remittance is attributed to the First Party ’s failure to act with due diligence or to its gross negligence. 19. All deposits and withdrawals in foreign currency shall be subject to the exchange rate adopted by the First Party for foreign currency exchange. 20. With regard to joint accounts, the credit balance available in the account shall be the property of the parties as partners according to the percentages specified for each of them in the Agreement, and the partners shall bear the debit balance arising in the account for any reason whatsoever. The First Party shall be entitled to suspend the account in the event of the death or ineligibility of one of the partners or instituting any of the liquidation or administrative liquidation procedures against any of them, or receiving an advice from one of the partners testifying to the emergence of a dispute between them. 21. The invalidity, irregularity, or unenforceability of any of the clauses of the Agreement shall not render the remaining clauses of the Agreement as invalid, provided that both parties undertake to repay amend the principal and interest immediately. § Others as agreed. 7.2 Party B shall have the following rights and obligations: § to require Party A to provide all materials related to the Loan; § to deduct the principal, interest, compound interest, penalty interest and other due expenses relating to the Loan under this Contract directly from Party B’s account relevant clause in accordance with the provisions of this Contract or relevant law; § in case of applicable regulations and controls. 22. The First Party A’s evasion of Party B’s monitoring, default in payment for due principal or interest and other severe breach shall be entitled to amend the Agreement from time to time - without prejudice to the guidelines of the Contract, Central Bank of Saudi Arabia - provided that the First Party B is entitled to impose credit penalty against shall advise the Second Party A, notify relevant departments or entities of such breach and put up payment demand notice on public media; § to provide loan to Party A in time according to the provisions amendments within thirty (30) days of the Contract (except for effective date of their implementation. Such amendments shall be implemented after the delays due to Party A’s reason); § to keep confidential lapse of the grace period referred to in this paragraph with effect from the date of their publication on the First Party's website. Non-withdrawal from the Agreement shall constitute the Second Party’s approval and acceptance of these amendments. 23. This Agreement shall remain in effect until the date of closing the account by either party. 24. The First Party shall safeguard the confidentiality of all data and account information and materials provided by the Second Party, with the exception of what is disclosed by the First Party A..for specific professional and operational purposes - after obtaining the approval of the Second Party - and upon the request of competent government agencies in accordance with the relevant regulations and controls.

Appears in 2 contracts

Samples: Individual Bank Account Opening Agreement, Individual Bank Account Opening Agreement

Rights and Obligations of Both Parties. 7.1 5.1 Party A, as the lessor of the Properties, shall be entitled to: 1) receive rent according to this Agreement; 2) other rights regulated in this Agreement. 5.2 Party A, as the lessor of the Properties, shall assume the following obligations: 1) Unless otherwise stipulated in this Agreement, Party A guarantees that it has the power to rent out the Properties according to this Agreement. 2) Party A undertakes to take all necessary actions to ensure the compliance of the Properties and the lease of the Properties with related regulations. Party A guarantees and undertakes to pay compensation in full amount within 30 days after receiving Party B’s written request for compensations for any losses caused by Party A’s failure to fulfill the above undertakings. 3) Party A shall have bear all the following rights property tax, business tax, additional tax, stamp tax, land-using tax and obligations: § to draw down and use all the Loan other taxes payable according to laws arising from leasing property to Party B. 4) During the term of this Contract; § if Agreement, in the event that Party A repays intends to transfer its ownership of the Loan before maturity dateProperties to a third party, it shall obtain prior written consent from Party B and shall compensate Party B against the losses for expected income and relevant expenses; § to bear all expenses incurred under this Contract; § it shall notify Party B at least 30 days of such intention in advance of any activities that would have a negative impact upon writing. Party B has the preemptive right to purchase the Properties under the same conditions. Party B’s ability failure to realize its rights such as joint operation, merger, restructuring, sale of material asset, etc. and obtain Party B’s written consent, otherwise, Party A is not allowed to carry out the afore mentioned activity before repayment of the Loan; § to notify Party B of any changes like location, contact address, business scope, legal representative and other commercial register items confirm in writing within 7 30 days after these changes; § it shall notify Party B immediately the occurrence of any event that will affect its normal operation or solvency under this contract, such as (but not restrain to) severe economic dispute, bankruptcy, financial deterioration etc; § In case of it winding up, dissolution, suspension of operation, revoke of business license, Party A should notify Party B of such events within 5 days after their occurrence and undertake to repay the principal and interest immediately. § Others as agreed. 7.2 Party B shall have the following rights and obligations: § to require Party A to provide all materials related to the Loan; § to deduct the principal, interest, compound interest, penalty interest and other due expenses relating to the Loan under this Contract directly from Party B’s account in accordance with the provisions of this Contract or relevant law; § in case upon receipt of Party A’s evasion notification to exercise the preemptive right shall be deemed a waiver of such right. In the event that Party B waives such preemptive right, Party A may transfer ownership of the Properties to a third party under the same conditions. However, the transfer shall take effect provided that the third party, as lessor of the Properties, shall be bound by this Agreement. 5) Unless otherwise agreed by both Parties, during the term of this Agreement, Party A shall not, partly or in whole, take back the Properties early, or terminate this Agreement early. 6) Party A shall provide necessary assistance for reasonable requests of Party B related to using of the properties Party B rents according to this Agreement. 5.3 Party B, as the lessee hereunder, shall be entitled to: 1) occupy and use the Properties according to this Agreement; 2) carry out non-structural decoration and reconstruction of the Properties at its own cost according to its business requirement without violating related laws, regulations and commitments in this Agreement. Such decoration and reconstructions shall not bring adverse effect on the value of Party A’s Properties and/or Party A’s rights; 3) sublet the Properties, partly or in whole, with prior written consent of Party A; 4) require decrease of the number of sites of the Properties according to its business situations with a written notice to Party A with one month in advance; 5) notwithstanding the above, if any of the Properties is damaged not due to the fault of Party B’s monitoring, default in payment for due principal or interest and other severe breach of the Contract, Party B may demand termination of the rental of the damaged property by giving written notice to Party A. Party A shall confirm the damage within 30 days after receiving such notice. If Party A fails to confirm within the limited time, Party A will be deemed to have accepted Party B’s demand. Thereafter, the relation between the two parties concerning rental of the damaged property is entitled terminated. Party B does not need to impose credit penalty against Party A, notify relevant departments or entities pay the rent for the damaged property from the date of such breach damage. After Party A completes repair of the damaged property, the two parties may, with consent of Party B, resume the rental relationship in respect of the repaired property according to the terms of this Agreement from the date agreed by both parties; 6) the preemptive right under the same conditions if Party A intends to sell the Properties. 5.4 Party B, as the lessee hereunder, shall assume the following obligations: 1) to pay rent according to this Agreement; 2) to be liable for maintenances (excluding structural repairs) of the Properties during the rental term, except when a third party or owner of the building shall bear such liabilities according to agreement between Party A and put up payment demand notice on public media; § such third party; 3) to provide loan bear fees for water, electricity, heating, repair and other expenses for using the Properties during the rent term; 4) to pay compensations for losses to a third party due to decoration and reconstruction during the rent term; 5) to manage and use the Properties in proper manners and pay compensations for losses such as damage or destruction of the Properties caused by its improper management or usage; 6) to return the Properties to Party A in time according to immediately upon the provisions expiry of the Contract (except for the delays due to Party A’s reason); § to keep confidential rental term or termination of the information and materials provided by Party A..this Agreement.

Appears in 2 contracts

Samples: Property Leasing Agreement (China Life Insurance Co LTD), Property Leasing Agreement (China Life Insurance Co LTD)

Rights and Obligations of Both Parties. 7.1 (1) The advertising content shall be provided by Party A, and Party B has the right to review and approve the content material. If it does not comply with relevant legal provisions, Party B has the right to request Party A to make corrections within a specified period. If Party A refuses to make corrections or exceeds the correction period, Party B has the right to refuse the publication, and any resulting losses shall be borne by Party A. (2) The advertising content provided by Party A must comply with relevant regulations concerning advertising in the country, ensuring the truthfulness and legality of the advertising content, and the right to use the content of the advertisement. Party A shall have the following rights and obligations: § to draw down and use the Loan according to this Contract; § if Party A repays the Loan before maturity date, it shall obtain prior written consent from be responsible for compensating Party B and shall compensate Party B against the for any economic losses for expected income and relevant expenses; § to bear all expenses incurred under this Contract; § it shall notify Party B at least 30 days in advance of any activities that would have a negative impact upon Party B’s ability to realize its rights such as joint operation, merger, restructuring, sale of material asset, etc. and obtain Party B’s written consent, otherwise, Party A is not allowed to carry out the afore mentioned activity before repayment of the Loan; § to notify Party B of any changes like location, contact address, business scope, legal representative and other commercial register items within 7 days after these changes; § it shall notify Party B immediately the occurrence of any event that will affect its normal operation or solvency under this contract, such as (but not restrain to) severe economic dispute, bankruptcy, financial deterioration etc; § In case of it winding up, dissolution, suspension of operation, revoke of business license, Party A should notify Party B of such events within 5 days after their occurrence and undertake to repay the principal and interest immediately. § Others as agreed. 7.2 Party B shall have the following rights and obligations: § to require Party A to provide all materials related to the Loan; § to deduct the principal, interest, compound interest, penalty interest and other due expenses relating to the Loan under this Contract directly from Party B’s account in accordance with the provisions of this Contract or relevant law; § in case of Party A’s evasion of Party B’s monitoring, default in payment for due principal or interest and other severe breach of the Contract, Party B is entitled to impose credit penalty against Party A, notify relevant departments or entities of such breach and put up payment demand notice on public media; § to provide loan to Party A in time according to the provisions of the Contract (except for the delays caused due to Party A’s reason); § reasons. (3) Party A shall provide documents related to keep confidential the advertising content in accordance with the relevant regulations on advertising in the country, including but not limited to business licenses, trademark registration certificates, production permits, food circulation permits, etc. If Party A refuses or is unable to provide the corresponding documents or provides false documents, Party A shall be responsible for compensating Party B for any economic losses incurred. (4) If, due to Party A’s reasons, the delay in performing its obligations as agreed upon by both parties results in a delay in advertising publication, Party A shall bear the consequences and losses and is obliged to compensate Party B for the losses caused. (5) Party A guarantees that its advertising content will not infringe upon the legitimate rights of any third party, including but not limited to intellectual property rights, image rights, etc., and is obliged to compensate for any losses incurred when its advertising content infringes upon the rights of others. (6) Party B guarantees to publish advertisements for Party A in accordance with the agreed terms and perform post-publication monitoring and supervision. (7) Party A shall provide publication requirements, and Party B shall promptly publish after confirming the content of the information and materials provided by Party A..visuals. (8) If a delay in visual publication occurs due to either party’s reasons, after negotiation, the extension of the period can be agreed upon according to the contract.

Appears in 2 contracts

Samples: Advertising Placement Agreement (LZ Technology Holdings LTD), Advertising Placement Agreement (LZ Technology Holdings LTD)

Rights and Obligations of Both Parties. 7.1 3.1 Party A's Rights and Obligations a) During the cooperation, Party B is entitled access to Omlet's popularity and mass quantity of users, and Party A shall provide Party B with technical support and user support for live broadcasts and commentary services. b) Party A may offer the following resources of promotion to Party B in light of its operation and performance of the Agreement by Party B: Recommendation slots on the front page of the app, banners, popup windows, live house and other forms; Current and promotional resources for future products of Party A and its affiliates. c) Party A may edit, produce and distribute any content produced by Party B (including but not limited to video, audio, news, interviews, texts and portraits) in connection with Party A’s platform operations and the performance of the Agreement by Party B to third parties for branding and visibility enhancement of Party B. d) Party A shall provide Party B with technical training on live broadcasting and operation of Omlet. Should Party B encounters any glitches or other problems when using Omlet or carrying out live broadcasts, Party A shall be promptly informed and after having been notified, respond actively with potential solutions. e) Party A shall have the following rights right to monitor Party B's live broadcast and obligations: § to draw down and use the Loan according to this Contract; § if Party A repays the Loan before maturity date, it shall obtain prior written consent from require Party B and shall compensate to adjust its live broadcast if necessary. If Party B against fails to perform its obligations or violates the losses for expected income relevant management rules of Omlet, or violates laws and relevant expenses; § to bear all expenses incurred under this Contract; § it shall notify Party B at least 30 days in advance of regulations, or if there is any activities that would have a negative impact upon Party B’s ability to realize its rights such as joint operation, merger, restructuring, sale of material asset, etc. violation and obtain Party B’s written consent, otherwiseillegal content, Party A is not allowed shall have the right to carry out handle it in accordance with the afore mentioned activity before repayment rules of the Loan; § platform, and take relevant measures without notification to notify Party B of any changes like location, contact address, business scope, legal representative and other commercial register items within 7 days after these changes; § it shall notify Party B immediately the occurrence of any event that will affect its normal operation or solvency under this contract, such as (but not restrain to) severe economic disputethe termination of the broadcast, bankruptcysuspending its resource support, financial deterioration etc; § In case withdrawing the channel, deducting or refusing the payment , terminate this Agreement and claiming damages pursuant to the provisions of it winding up, dissolution, suspension of operation, revoke of business license, this Agreement or applicable laws and require Party B to pay compensation to Party A should notify Party B of such events within 5 days after their occurrence and undertake to repay the principal and interest immediately. § Others as agreedaccordingly. 7.2 3.2 Party B's Rights and Obligations a) Party B shall have the following rights and obligations: § right to require request Party A to provide all materials related to pay the Loan; § to deduct the principal, interest, compound interest, penalty interest and other due expenses relating to the Loan under this Contract directly from Party B’s account service fees in accordance with the provisions of the Agreement. b) Party B agrees to use Party A's Omlet platform for live broadcast and commentary, and promises that, during the cooperation, without the written consent of Party A, Party B shall not broadcast or comment on any content other than that designated or approved by Party A, nor may any product introduction, advertising and sales promotion, etc. of companies other than Party A’s occur during the live broadcast; and Party B shall not authorize use of the promotional names, portraits, audios and videos associated with the live broadcasts during the Term to any third party. c) Party B shall actively promote and popularize anything related to Party A in the course of Party B’s live broadcasting, including but not limited to the Omlet Platform itself, Party A’s websites, App, the personal studios that Party B uses during the Term of this Contract Agreement, as well as any broadcast competitions, events or relevant lawactivies of any forms organized by Party A and its affiliates on Party B’s social platform. Party B shall attend all competitions, events or activies as aforementioned in accordance with Party A’s request. The videos (if any) produced by Party B during the cooperation shall be watermarked with the live broadcast products or services of Omlet, and the signature of Party B shall be identified as from the Omlet Platform. d) Party B shall abide by the laws and regulations of the nation where Party B performs this Agreement. During the live broadcast, Party B shall not have any disputes with the audiences. Otherwise, Party A reserves the right to deduct part of the service fees that would have been owed to Party B so long as Party A deems it appropriate at its discretion. e) Party B shall actively improve the stream quality for the purpose of increasing followers in accordance with the regulations of non-cheating, non-hacking, non- botting and non-tampering; § in and the pornographic, political, gambling, drug abuse- related information or behaviors are prohibited. In the case of any violation of those regulations, Party A has the rights to deduct or refuse the payment to Party B and cooperate with the local police to transfer to judiciary. f) Party B undertakes to comply with all rules of Party A’s evasion of Party B’s monitoringplatform, default perform live broadcast and comment, participate in payment for due principal commercial activities and produce videos without violence, reactionaries, racial discrimination, ethnic discrimination, cult- related, superstition, porn, gambling, drugs or interest any other criminal acts, offensive behavior, or any behavior that infringes the intellectual property rights and other severe breach rights and interests of the Contractany third party. g) If Party B has any negative activities during broadcasting, including but not limited to, violation of regulations or laws, criminal acts or behaviors contrary to social morality, public order andgood practices , or receive criminal or administrative punishment, Party B is entitled shall bear the legal consequences and damages caused to impose credit penalty against third parties. Party A has the right to terminate this Agreement and hold Party B responsible for any losses caused to Party A and its affiliates. h) Party B shall undertake to respect and safeguard the reputation and brand image of Party A, notify relevant departments and shall not make any remarks or entities of such breach and put up payment demand notice on public media; § to provide loan actions that are detrimental to Party A in time according or Party A's platform, such as slander, libel and defamation; Otherwise, Party A has the right to the provisions of the Contract (except stop paying service fees and hold Party B responsible for the delays due any losses caused to Party A’s reason); § to keep confidential of the information and materials provided by Party A..A.

Appears in 1 contract

Samples: Omlet Broadcaster Cooperation Agreement

Rights and Obligations of Both Parties. 7.1 5.1 Party A, as the lessor of the Properties, shall be entitled to: 1) receive rent according to this Agreement; 2) other rights regulated in this Agreement. 5.2 Party A, as the lessor of the Properties, shall assume the following obligations: 1) Unless otherwise stipulated in this Agreement, Party A guarantees that it has the power to rent out the Properties according to this Agreement. 2) Party A undertakes to take all necessary actions to ensure the compliance of the Properties and the lease of the Properties with related regulations. Party A guarantees and undertakes to pay compensation in full amount within 30 days after receiving Party B’s written request for compensations for any losses caused by Party A’s failure to fulfill the above undertakings. 3) Party A shall have bear all the following rights property tax, VAT and obligations: § to draw down surcharges, stamp tax, land-using tax and use all the Loan other taxes payable according to tax laws and regulations arising from leasing property to Party B. 4) During the term of this Contract; § if Agreement, in the event that Party A repays intends to transfer its ownership of the Loan before maturity dateProperties to a third party, it shall obtain prior written consent from Party B and shall compensate Party B against the losses for expected income and relevant expenses; § to bear all expenses incurred under this Contract; § it shall notify Party B at least 30 days of such intention in advance of any activities that would have a negative impact upon writing. Party B has the preemptive right to purchase the Properties under the same conditions. Party B’s ability failure to realize confirm in writing within 30 days upon receipt of Party A’s notification to exercise the preemptive right shall be deemed a waiver of such right. In the event that Party B waives such preemptive right, Party A may transfer ownership of the Properties to a third party under the same conditions. However, the transfer shall take effect provided that the third party, as lessor of the Properties, shall be bound by this Agreement. 5) In case Party A transfers the Properties rented by Party B under this Agreement and the Original Agreement signed in 2017 to a third party after January 1, 2020, if Party B has invested decoration and improvement expenses during the lease period (including the lease period of previous years) and such decoration and improvement expenses have not been fully amortized when the Properties are transferred, Party A shall compensate Party B for the book loss of such decoration and improvement expenses. The book loss of decoration and improvement expenses for the Properties transferred from 2020 to 2022 shall be settled by Party A to Party B by the end of March of the next year of the transfer. In 2020, the total amount of unamortized decoration and improvement expenses when Party A’s Properties are transferred is estimated to be RMB 9,618,827.67; in 2021, the total amount of unamortized decoration and improvement expenses when Party A’s Properties are transferred is estimated to be RMB 43,744,020.45. The above amounts are for reference only, and the specific amounts shall be determined based on actual disposal and relevant renovation data. 6) Unless otherwise agreed by both Parties, during the term of this Agreement, Party A shall not, partly or in whole, take back the Properties early, or terminate this Agreement early. 7) Party A shall provide necessary assistance for reasonable requests of Party B related to using of the properties Party B rents according to this Agreement. 5.3 Party B, as the lessee hereunder, shall be entitled to: 1) occupy and use the Properties according to this Agreement; 2) carry out non-structural decoration and reconstruction of the Properties at its rights own cost according to its business requirement without violating related laws, regulations and commitments in this Agreement. Such decoration and reconstructions shall not bring adverse effect on the value of Party A’s Properties and/or Party A’s rights; 3) sublet the Properties, partly or in whole, with prior written consent of Party A; Party B shall not sublet Party A’s Properties hereunder to a third party. With the prior written consent of Party A, Party B may return the whole or part of the area of Party A’s Properties hereunder and deduct the corresponding rent, and Party B may, as entrusted by Party A, lease the returned area to a third party on behalf of Party A and pay any rent received therewith to Party A. 4) require decrease of the number of sites of the Properties according to its business situations with a written notice to Party A with one month in advance; 5) notwithstanding the above, if any of the Properties is damaged not due to the fault of Party B, Party B may demand termination of the rental of the damaged property by giving written notice to Party A. Party A shall confirm the damage within 30 days after receiving such as joint operationnotice. If Party A fails to confirm within the limited time, merger, restructuring, sale of material asset, etc. and obtain Party A will be deemed to have accepted Party B’s written consentdemand. Thereafter, otherwise, the relation between the two parties concerning rental of the damaged property is terminated. Party B does not need to pay the rent for the damaged property from the date of such damage. After Party A is not allowed to carry out the afore mentioned activity before repayment completes repair of the Loan; § damaged property, the two parties may, with consent of Party B, resume the rental relationship in respect of the repaired property according to notify the terms of this Agreement from the date agreed by both parties; 6) the preemptive right under the same conditions if Party B A intends to sell the Properties. 7) During the term of any changes like locationthis Agreement, contact address, business scope, legal representative and other commercial register items within 7 days after these changes; § it shall notify if Party B immediately A transfers the occurrence ownership of any event that will affect its normal operation or solvency Party A’s Properties under this contractAgreement to a third party, such as (but not restrain to) severe economic dispute, bankruptcy, financial deterioration etc; § In case of it winding up, dissolution, suspension of operation, revoke of business license, Party A should notify Party B of such events within 5 days after their occurrence and undertake to repay the principal and interest immediately. § Others as agreed. 7.2 Party B shall have the following rights and obligations: § right to require Party A to provide all materials related make compensation for the remaining book value of improvement expenses by the end of March of the next year after the ownership transfer if there is any improvement expenses for such properties that have not yet been fully depreciated. 5.4 Party B, as the lessee hereunder, shall assume the following obligations: 1) to pay rent according to this Agreement; 2) to be liable for maintenances (excluding structural repairs) of the Loan; § Properties during the rental term, except when a third party or owner of the building shall bear such liabilities according to deduct the principalagreement between Party A and such third party; 3) to bear fees for water, interestelectricity, compound interestheating, penalty interest repair and other expenses for using the Properties during the rent term; 4) to pay compensations for losses to a third party due expenses relating to decoration and reconstruction during the Loan under this Contract directly from Party B’s account rent term; 5) to manage and use the Properties in accordance with the provisions of this Contract proper manners and pay compensations for losses such as damage or relevant law; § in case of Party A’s evasion of Party B’s monitoring, default in payment for due principal or interest and other severe breach destruction of the Contract, Party B is entitled Properties caused by its improper management or usage; 6) to impose credit penalty against Party A, notify relevant departments or entities of such breach and put up payment demand notice on public media; § to provide loan return the Properties to Party A in time according to immediately upon the provisions expiry of the Contract (except for the delays due to Party A’s reason); § to keep confidential rental term or termination of the information and materials provided by Party A..this Agreement.

Appears in 1 contract

Samples: Property Leasing Agreement (China Life Insurance Co LTD)

Rights and Obligations of Both Parties. 7.1 Rights and obligations of Party A: (1) Party A shall be responsible for providing Party B with the service platform as the transmission channel of transaction data, to fulfill the recharge service. (2) Party A shall be responsible for providing technical supports relating to Mobile Xxxx Recharge interface, and have obligation to ensure the stability of the interface system. (3) Party A shall have the following rights right to upgrade and obligations: § modify the technical interface, to draw down which Party B shall provide necessary assistance and use support. (4) Party A shall be responsible for providing Party B with the Loan data inquiry interface, to facilitate Party B's inquiry of the recharge transaction records; (5) Party A shall provide Party B with the agency price for the Mobile Xxxx Recharge service in accordance with the Agreement. (6) Party A shall have the right to determine and adjust the agency price, settlement price and commission policies of the relevant products hereunder according to this Contractmarket conditions, and publicize such information on the system platform page provided by Party A; § however, a one day prior notice shall be given to Party B, and if Party B disagrees to the adjusted prices and policies, Party A repays shall have the Loan before maturity dateright to terminate this Agreement. (7) Party A shall endeavor to ensure the normal operation of the service platform and ensure real-time arrival of the amount recharged to the user's mobile phone. In case of instability of Party A's platform, it shall obtain prior written consent from which is attributable to telecommunications or bank system or other causes which can not be foreseen by Party B and shall compensate A, Party B against the losses for expected income and relevant expenses; § to bear all expenses incurred under this Contract; § it A shall notify Party B, and assist Party B at least 30 days in advance dealing with the relevant matters arising therefrom. Rights and obligations of any activities that would have a negative impact upon Party B’s ability to realize : (1) Party B shall be responsible for strictly observing the business standards of Party A, and assuming all the consequences resulting from its rights such as joint operation, merger, restructuring, sale of material asset, etc. and obtain Party B’s written consent, otherwise, Party A is not allowed to carry out the afore mentioned activity before repayment violation of the Loan; § to notify business standards of Party A. (2) Party B of any changes like location, contact address, shall be responsible for their own business scope, legal representative and other commercial register items within 7 days after these changes; § it shall notify Party B immediately the occurrence of any event that will affect its normal operation or solvency under this contractoperations, such as (but not restrain to) severe economic dispute, bankruptcy, financial deterioration etc; § In case of it winding up, dissolution, suspension of platform operation, revoke user management, customer service, etc.; (3) Party B shall not disclose the trade secrets of business license, Party A should notify to any third party. Such confidentiality obligations shall be valid until two years after the termination of this Agreement. (4) Party B shall strictly observe the price strategy specified by Party A in the whole process of such events within 5 days after their occurrence the sales, and undertake to repay not reduce the principal and interest immediately. § Others as agreed.sales price of Party A's products without authorization, not sell the products of Party A at the price lower than the same agreed by Party A. 7.2 (5) Party B shall have the following rights and obligations: § right to require consult the business through the customer service hotline of Party A. (6) If Party B intends to terminate the Agency Agreement early, the Agreement may be terminated early after Party A gives a written reply and approval for the written application submitted by Party B. Party A shall, within one week, return to provide Party B all materials related the balance in the SmartPay account of Party B. (7) When Party B provides recharge service to the Loan; § to deduct customer, if the principaloperation is correct and the relevant amount is deducted from the SmartPay account, interest, compound interest, penalty interest and other due expenses relating to but the Loan under this Contract directly from Party B’s account in accordance with the provisions of this Contract or relevant law; § in case of Party A’s evasion of Party B’s monitoring, default in payment for due principal or interest and other severe breach of the Contractrecharge is not successful, Party B is entitled shall make proper interpretation to impose credit penalty against the customer, and timely contact Party AA. After verifying the reality, notify relevant departments or entities of such breach and put up payment demand notice on public media; § to provide loan to Party A in time according shall return the amount to the provisions SmartPay account of the Contract (except for the delays due to Party A’s reason); § to keep confidential of the information and materials provided by Party A..B within three working days.

Appears in 1 contract

Samples: Cooperation Agreement (REDtone Asia Inc)

Rights and Obligations of Both Parties. 7.1 Party A shall have the following rights and obligations: § to draw down and use the Loan according to this Contract; § if Party A repays the Loan before maturity date, it shall obtain prior written consent from Party B and shall compensate Party B against the losses for expected income and relevant expenses; § to bear all expenses incurred under this Contract; § it shall notify Party B at least 30 days in advance of any activities that would have a negative impact upon 10. Party B’s ability rights and obligations are as follows: 10.1 Drawing and using the loan according to realize its rights such the stipulated term set forth in the contract. 10.2 Guaranteeing the loan use of answering for law, rules as joint operationwell as administrative regulations, mergerand attaining the admission and authorization concerned. 10.3 Providing Party A with the true and valid documents and materials in the process of loan checkup. 10.4 Accepting the investigation and supervision on the loan use hereof from Party A. 10.5 Providing active assistance and cooperation for Party A’s investigation and supervision on production, restructuringmanagement as well as financial status, sale and provide Party A with financial statements of material assetbalance sheet, etc. incoming statement and obtain statement of cash flow, moreover, be liable for the truth, completeness and validity of the provided materials. 10.6 During the term of the contract, in case of off production, out of business, business license’s revocation, commitment of crimes by the legal representative or directors, production and business in difficulty, deterioration of financial status and bankruptcy as well as any serious circumstances unfavorable to implementing the repaying obligations, a written report should be submitted to Party A; Party B shall fulfill the liquidating of the debts and guaranties in accordance with Party A’s requirements of the contract.. 10.7 In the case of Party B’s amalgamation, separation, lease, assets alienation, affiliation, investment, joint venture, capital reduction, shareholding alteration and other alteration of credits and debts as well as activities influencing Party A’s interests, a written consent, otherwise, form should be sent to Party A is prior to 30 days for approval and liquidate the liability as well as guaranties hereof according to Party A’s requirements; or else, the activities above must not allowed to carry out be carried through before liquidating all the afore mentioned activity before repayment loans and interest hereof. 10.8 During the term of contract, in case of Party B’s alteration on the industrial and commercial registration items of the Loan; § to notify Party B of any changes like legal representative, location, contact address, business scope, legal representative and other commercial register items within 7 days after these changes; § it shall notify Party B immediately the occurrence of any event that will affect its normal operation or solvency under this contract, such as (but not restrain to) severe economic dispute, bankruptcy, financial deterioration etc; § In case of it winding up, dissolution, suspension of operation, revoke of business license, a written form should be submitted to Party A should notify Party B of such events within 5 days 10days after their occurrence and undertake to repay the alterations. 10.9 Before liquidating the principal and interest immediately. § Others as agreedto Party A, Party B cannot provide the guaranties that exceeds the self-burden capacity to others. 7.2 10.10 On condition that Party B shall have has to transfer the following rights and obligations: § to require Party A to provide all materials related liability hereof to the Loan; § to deduct third party, he must gain the principalliteral agreement from Party A. 10.11 Party B should undertake the expenses herein, interest, compound interest, penalty interest and other due expenses relating including but not limited to the Loan under this Contract directly from Party B’s account in accordance with the provisions of this Contract or relevant law; § expenses used for notarization, appraisal, registration and insurance. 10.12 For loan guarantor, in case of off-production, out-of-business, registration cancellation, business license’s revocation, bankruptcy, business deficiency, part of and all the guarantee capacity loss, as well as value reduction or being damaged or ruined by damage on guaranty and pledge, Party B should inform Party A in a written form in time and provide Party B with other mortgage and pawn secured for the loan. 11. Party A’s evasion of Party B’s monitoring, default in payment for due principal or interest Rights and other severe breach of the Contract, Party B is entitled to impose credit penalty against Party A, notify relevant departments or entities of such breach and put up payment demand notice on public media; § to provide loan to Party A in time according to the provisions of the Contract (except for the delays due to Party A’s reason); § to keep confidential of the information and materials provided by Party A..obligations are as follows:

Appears in 1 contract

Samples: Credit Facility Agreement (Millennium Quest Inc)

Rights and Obligations of Both Parties. 7.1 Article 5 Rights and obligations of Party A 1. Party A shall be obliged to provide products conforming to the provisions of national laws and regulations, and offer after-sale service to the products in light of relevant national provisions. 2. Party A shall be obliged to provide corresponding marketing documents in supply (relevant supporting documents that Party B, in light of relevant national provisions, believes that Party A shall present). 3. Party A shall have the following rights right to monitor the distribution territory of Party B, and obligations: § to draw down and use advance the Loan according opinions for improvement to this Contract; § if Party A repays guarantee the Loan before maturity date, it shall obtain prior written consent from Party B and shall compensate Party B against the losses for expected income and relevant expenses; § to bear all expenses incurred under this Contract; § it shall notify Party B at least 30 days in advance consistency of any activities that would have a negative impact upon Party B’s ability development with the Company; 4. Party A shall have the right to realize its rights such as joint operationaccess the data regarding the territory governed by Party B, mergerand to build the database. The aforesaid data belong to confidential documents within the cooperation period of both parties and even after the termination of the cooperation, restructuringand shall not be disclosed to any third party. 5. Party A shall have the right to decide on the regional advertising campaign project; 6. During the cooperation period, sale Party A shall be obliged to guarantee the maximum interests of material assetParty B in distribution; 7. During the cooperation period, etc. and obtain Party A shall be obliged to guarantee Party B’s written consent, otherwise, after-sale service in distribution to the utmost extent; 8. Party A is not allowed shall be obliged to carry out the afore mentioned activity before repayment of the Loan; § to notify assist Party B of any changes like locationto develop network, contact addresshold promotion conference, business scopemarket seminar, legal representative and other commercial register items within 7 days after these changestrainings, etc.; § it shall notify Party B immediately the occurrence of any event that will affect its normal operation or solvency under this contract, such as (but not restrain to) severe economic dispute, bankruptcy, financial deterioration etc; § In case of it winding up, dissolution, suspension of operation, revoke of business license, and 9. Party A should notify Party B of such events within 5 days after their occurrence shall reserve the right to divide and undertake to repay adjust the principal and interest immediately. § Others as agreednational market area. 7.2 Article 6 Rights and obligations of Party B 1. Party B shall have the following rights right to distribute Party A’s products within the appointed distribution territory governed; 2. Under the premise of not violating Party A’s policies on sale of products and obligations: § market operation, Party B shall have the right to require decide on the business decision of subordinate distributors; 3. Party B shall be obliged to follow and implement various sales policies, price policies, market management policies and after-sale service policies of Party A in its distribution activities; 4. Party B shall have the right to provide all materials related to monitor the Loan; § to deduct the principal, interest, compound interest, penalty interest and other due expenses relating to the Loan under this Contract directly from Party B’s account in accordance with the provisions of this Contract or relevant law; § in case market operation of Party A’s evasion personnel; and 5. To suggest the advertising campaigns in its distribution territory; 6. To take charge of the negotiation and handling with local consumer council, administration of industry and commerce, quality inspection authority, and press; 7. Where Party B’s monitoringB has no serious defaults during the contract period, default in payment for due principal or interest and other severe breach proposes continuous distribution cooperation after the expiry of the Contract, Party B is entitled to impose credit penalty against Party A, notify relevant departments or entities and can conduct distribution in light of such breach and put up payment demand notice on public media; § to provide loan to Party A in time according to the provisions of the Contract (except for the delays due to Party A’s reason); § distribution policies, it shall have the priority to keep confidential renew the distribution contract, but both parties shall conclude a new distribution contract in light of the information market situation at that time; 8. Party B shall organize a full-time marketing team of 8 people above to specially take charge of the market development and materials provided by maintenance of ”Silvan Touch” products. Besides, Party A..B shall also, in light of needs, set up exclusive store or counter in key building material market to promote the distribution; 9. Party B shall be obliged to organize distributors within its distribution territory to participate in the promotion conference, market seminar, training meetings, etc.; and 10. In any promotion campaign carried out for the purpose of market launch and stabilization, Party B shall allocate special human, material and financial resources to give cooperation and support.

Appears in 1 contract

Samples: Exclusive Distribution Contract (Phoenix Energy Resource Corp)

Rights and Obligations of Both Parties. 7.1 5.1 Party A, as the lessor of the Properties, shall be entitled to: 1) receive rent according to this Agreement; 2) other rights regulated in this Agreement. 5.2 Party A, as the lessor of the Properties, shall assume the following obligations: 1) Unless otherwise stipulated in this Agreement, Party A guarantees that it has the power to rent out the Properties according to this Agreement. 2) Party A undertakes to take all necessary actions to ensure the compliance of the Properties and the lease of the Properties with related regulations. Party A guarantees and undertakes to pay compensation in full amount within 30 days after receiving Party B’s written request for compensations for any losses caused by Party A’s failure to fulfill the above undertakings. 3) Party A shall have bear all the following rights property tax, business tax, additional tax, stamp tax, land-using tax and obligations: § to draw down and use all the Loan other taxes payable according to laws arising from leasing property to Party B. 4) During the term of this Contract; § if Agreement, in the event that Party A repays intends to transfer its ownership of the Loan before maturity dateProperties to a third party, it shall obtain prior written consent from Party B and shall compensate Party B against the losses for expected income and relevant expenses; § to bear all expenses incurred under this Contract; § it shall notify Party B at least 30 days of such intention in advance of any activities that would have a negative impact upon writing. Party B has the preemptive right to purchase the Properties under the same conditions. Party B’s ability failure to realize its rights such as joint operation, merger, restructuring, sale of material asset, etc. and obtain Party B’s written consent, otherwise, Party A is not allowed to carry out the afore mentioned activity before repayment of the Loan; § to notify Party B of any changes like location, contact address, business scope, legal representative and other commercial register items confirm in writing within 7 30 days after these changes; § it shall notify Party B immediately the occurrence of any event that will affect its normal operation or solvency under this contract, such as (but not restrain to) severe economic dispute, bankruptcy, financial deterioration etc; § In case of it winding up, dissolution, suspension of operation, revoke of business license, Party A should notify Party B of such events within 5 days after their occurrence and undertake to repay the principal and interest immediately. § Others as agreed. 7.2 Party B shall have the following rights and obligations: § to require Party A to provide all materials related to the Loan; § to deduct the principal, interest, compound interest, penalty interest and other due expenses relating to the Loan under this Contract directly from Party B’s account in accordance with the provisions of this Contract or relevant law; § in case upon receipt of Party A’s evasion notification to exercise the preemptive right shall be deemed a waiver of such right. In the event that Party B waives such preemptive right, Party A may transfer ownership of the Properties to a third party under the same conditions. However, the transfer shall take effect provided that the third party, as lessor of the Properties, shall be bound by this Agreement. 5) Party B may require reducing sites of rented property according to its business situations with a written notice to Party A one month in advance. 6) Unless otherwise agreed by both Parties, during the term of this Agreement, Party A shall not, partly or in whole, take back the Properties early, or terminate this Agreement early. 7) Party A shall provide necessary assistance for reasonable requests of Party B related to using of the properties Party B rents according to this Agreement. 5.3 Party B, as the lessee hereunder, shall be entitled to: 1) occupy and use the Properties according to this Agreement; 2) carry out non-structural decoration and reconstruction of the Properties at its own cost according to its business requirement without violating related laws, regulations and commitments in this Agreement. Such decoration and reconstructions shall not bring adverse effect on the value of Party A’s Properties and/or Party A’s rights; 3) sublet the Properties, partly or in whole, with prior written consent of Party A; 4) require decrease of the number of sites of the Properties according to its business situations with a written notice to Party A with one month in advance; 5) notwithstanding the above, if any of the Properties is damaged not due to the fault of Party B’s monitoring, default in payment for due principal or interest and other severe breach of the Contract, Party B may demand termination of the rental of the damaged property by giving written notice to Party A. Party A shall confirm the damage within 30 days after receiving such notice. If Party A fails to confirm within the limited time, Party A will be deemed to have accepted Party B’s demand. Thereafter, the relation between the two parties concerning rental of the damaged property is entitled terminated. Party B does not need to impose credit penalty against Party A, notify relevant departments or entities pay the rent for the damaged property from the date of such breach damage. After Party A completes repair of the damaged property, the two parties may, with consent of Party B, resume the rental relationship in respect of the repaired property according to the terms of this Agreement from the date agreed by both parties; 6) the preemptive right under the same conditions if Party A intends to sell the Properties. 5.4 Party B, as the lessee hereunder, shall assume the following obligations: 1) to pay rent according to this Agreement; 2) to be liable for maintenances (excluding structural repairs) of the Properties during the rental term, except when a third party or owner of the building shall bear such liabilities according to agreement between Party A and put up payment demand notice on public media; § such third party; 3) to provide loan bear fees for water, electricity, heating, repair and other expenses for using the Properties during the rent term; 4) to pay compensations for losses to a third party due to decoration and reconstruction during the rent term; 5) to manage and use the Properties in proper manners and pay compensations for losses such as damage or destruction of the Properties caused by its improper management or usage; 6) to return the Properties to Party A in time according to immediately upon the provisions expiry of the Contract (except for the delays due to Party A’s reason); § to keep confidential rental term or termination of the information and materials provided by Party A..this Agreement.

Appears in 1 contract

Samples: Property Leasing Agreement (China Life Insurance Co LTD)

Rights and Obligations of Both Parties. 7.1 1. Party A shall provide support to Party B in accordance with Article 6 hereof. 2. Party B shall strictly in accordance with the provisions herein Jiangsu (Regional) The promotion and sales of Party A's products shall not conduct anything unrelated to the promotion and sale of Party A's products in the name of Party A, otherwise Party A has the right not to recognize them. In case of economic losses to Party A, Party A shall have the following rights right to cancel Party B's product agency qualification at any time and obligations: § require Party B to draw down and use bear the Loan according to this Contract; § if responsibility of Party A repays All economic losses and all rights protection expenses (including but not limited to attorney's fees, legal costs, arbitration fees, preservation fees,Guarantee fee, etc.). 3. Party A shall have the Loan before maturity dateright to supervise and manage Party B's behavior and to request to modify the behavior made by Party B that is unfavorable to Party A. Party B shall make effective rectification in time within 3 days after receiving the rectification notice from Party A, causing external influence, Timely measures should be taken to eliminate the negative impact. 4. If Party B needs to sell in areas other than those agreed in this Agreement, it shall obtain prior submit a written consent from request to Party A, otherwise Party A has the right refuse. 5. Party B has only the right to be in If party B has the right to sign the agreement between Party B and shall compensate a third party, on behalf of Party A, and if Party B against signs the losses for expected income and relevant expenses; § to bear all expenses incurred under this Contract; § it shall notify agreement, on behalf of Party B at least 30 days in advance of any activities that would have a negative impact upon Party B’s ability to realize its rights such as joint operationA, merger, restructuring, sale of material asset, etc. and obtain Party B’s written consent, otherwisewithout authorization, Party A is has the right not allowed to carry out recognize it. If the afore mentioned activity before repayment agent recommended by Party B in the advance reported list directly signs the purchase with Party A, the purchase of the Loan; § agent shall be regarded as Party B's purchase and shall be counted on the assessment Party B's performance. 6. Before the agreement signed by both parties, the sales reported and authorized by Party A are not within the scope stipulated in the Agreement, The list shall be given to notify Party B of any changes like locationsimultaneously, contact address, business scope, legal representative and other commercial register items within 7 days after these changes; § but it shall notify Party B immediately be included in the occurrence of any event that will affect its normal operation or solvency under this contract, such as (but not restrain to) severe economic dispute, bankruptcy, financial deterioration etc; § In case of it winding up, dissolution, suspension of operation, revoke of business license, Party A should notify Party B of such events within 5 days after their occurrence and undertake to repay the principal and interest immediately. § Others as agreedagreement upon repurchase. 7.2 7. Party B shall have the following rights and obligations: § to require Party A to provide all materials related to the Loan; § to deduct the principal, interest, compound interest, penalty interest and other due expenses relating to the Loan under this Contract directly from Party B’s account in accordance comply with the provisions of this Contract or relevant law; § in case of Party A’s evasion of Party B’s monitoring, default in payment for due principal or interest and other severe breach of the Contract, Party B is entitled to impose credit penalty against price system stipulated by Party A, notify relevant departments or entities of such breach and put up payment demand notice on public media; § to provide loan to Party A in time according to the provisions terminal transaction price of the Contract (except for blood flow meter with the delays due to Party A’s reason); § to keep confidential model of the information and materials provided by Party A..BV-650 shall not be allowed less than RMB 150,000yuan.

Appears in 1 contract

Samples: Special Appointed Dealer Sales Cooperation Agreement (MED EIBY Holding Co., LTD)

Rights and Obligations of Both Parties. 7.1 (I) Party A may unilaterally terminate the contract early and take back the house if Party B has one of the following circumstances. 1. Party B sublets, transfers or lends the house without permission: 2. Party B uses the house for illegal activities and damages the public interest: 3. Party B is responsible for overdue rent and related expenses for fifteen days. (II) If Party B needs to terminate the lease contract during the tenancy period, Party A’s consent shall be obtained. If Party A does not agree to Party B’s early termination of the lease contract, Party B shall pay Party A six months’ rent as liquidated damages. After the expiration of the contract, if Party B does not relocate after the expiration date, Party A has the right to resolve the matter through arbitration or litigation procedures, and Party B shall be responsible for compensation for any loss suffered by Party A as a result. (III) After the expiration of this Contract, Party B has the right to renew the lease on equal conditions. (IV) If the rent and related property fees are not paid on time due to Party B’s responsibility, overdue fine of three thousandths of the total amount of fees owed by Party B will be charged daily. If Party B leaves without any check-out fee during the lease period, the property fees owed shall be borne by Party B. (V) Party B shall ensure the normal use of the house, facilities, etc. Party B shall be responsible for repairing the damage to the house and indoor facilities caused by Party B during the lease period, and shall compensate for the loss of Party A if it cannot be repaired. (VI) Party A shall have not take back the following rights and obligations: § house without any reason. If it is necessary to draw down and use the Loan according to this Contract; § if repossess, Party A repays the Loan before maturity date, it shall obtain prior written consent from Party B and shall compensate Party B against the losses for expected income and relevant expenses; § to bear all expenses incurred under this Contract; § it shall notify Party B at least 30 days three months in advance of any activities that would have a negative impact upon Party B’s ability to realize its rights such as joint operation, merger, restructuring, sale of material asset, etc. and obtain Party B’s written consent, otherwiseexcept as agreed by both parties. Party A and Party B are obliged to inform the property company. (VII) If Party B leaves the leased house without going through any written procedures for early release or termination of the lease, and if Party B cannot be contacted and has no specific reply, Party A has the right to enter the leased house and remove or vacate the items left by Party B in the leased house belonging to Party B, and the act is not allowed to carry out the afore mentioned activity before repayment of the Loan; § to notify Party B of any changes like locationan infringement, contact address, business scope, legal representative and other commercial register items within 7 days after these changes; § it shall notify Party B immediately the occurrence of any event that will affect its normal operation or solvency under this contract, such as (but not restrain to) severe economic dispute, bankruptcy, financial deterioration etc; § In case of it winding up, dissolution, suspension of operation, revoke of business license, Party A should notify Party B of such events within 5 days after their occurrence and undertake to repay the principal and interest immediately. § Others as agreed. 7.2 all costs owed by Party B shall have be borne by Party B. (VIII) Party B shall not damage the following rights existing renovation and obligations: § main body of the house during the lease period, and if secondary renovation is needed, the renovation plan shall be submitted to require Party A to provide all materials related to and the Loan; § to deduct the principal, interest, compound interest, penalty interest and other due expenses relating to the Loan under this Contract directly from property customer service center. (IX) Party B’s account in accordance B shall comply with the provisions of this Contract or relevant law; § in case of the notice to property owners. (X) Party A’s evasion of B needs to provide Party B’s monitoring, default in payment for due principal or interest and other severe breach A with a copy of the Contractcompany’s business license and a copy of the legal person’s and manager’s ID card (both need to be sealed with official seal) and telephone number and address. If there is a change in contact information, Party B is entitled to impose credit penalty against Party A, notify relevant departments or entities of such breach and put up payment demand a written notice on public media; § to provide loan should be sent to Party A in time according to the provisions of the Contract (except for the delays due to Party A’s reason); § to keep confidential of the information and materials provided by Party A..a timely manner.

Appears in 1 contract

Samples: House Lease Contract (WORK Medical Technology Group LTD)

Rights and Obligations of Both Parties. 7.1 Party A shall have the following rights and obligations: § · to draw down and use the Loan according to this Contract; § · if Party A repays the Loan before maturity date, it shall obtain prior written consent from Party B and shall compensate Party B against the losses for expected income and relevant expenses; § · to bear all expenses incurred under this Contract; § · it shall notify Party B at least 30 days in advance of any activities that would have a negative impact upon Party B’s ability to realize its rights such as joint operation, merger, restructuring, sale of material asset, etc. and obtain Party B’s written consent, otherwise, Party A is not allowed to carry out the afore mentioned activity before repayment of the Loan; § · to notify Party B of any changes like location, contact address, business scope, legal representative and other commercial register items within 7 days after these changes; § · it shall notify Party B immediately the occurrence of any event that will affect its normal operation or solvency under this contract, such as (but not restrain to) severe economic dispute, bankruptcy, financial deterioration etc; § · In case of it winding up, dissolution, suspension of operation, revoke of business license, Party A should notify Party B of such events within 5 days after their occurrence and undertake to repay the principal and interest immediately. § · Others as agreed. 7.2 Party B shall have the following rights and obligations: § · to require Party A to provide all materials related to the Loan; § · to deduct the principal, interest, compound interest, penalty interest and other due expenses relating to the Loan under this Contract directly from Party B’s account in accordance with the provisions of this Contract or relevant law; § · in case of Party A’s evasion of Party B’s monitoring, default in payment for due principal or interest and other severe breach of the Contract, Party B is entitled to impose credit penalty against Party A, notify relevant departments or entities of such breach and put up payment demand notice on public media; § · to provide loan to Party A in time according to the provisions of the Contract (except for the delays due to Party A’s reason); § · to keep confidential of the information and materials provided by Party A..

Appears in 1 contract

Samples: Working Capital Loan Contract (Winner Medical Group Inc)

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Rights and Obligations of Both Parties. 7.1 (1) All marketing activities to attract and cooperation between Party A shall have the following rights and obligations: § to draw down and use the Loan according to this Contract; § if Party A repays the Loan before maturity date, it shall obtain prior written consent from Party B and shall compensate Party B against the losses for expected income and relevant expenses; § to bear all expenses incurred under this Contract; § it shall notify Party B at least 30 days in advance of any activities that would have a negative impact upon Party B’s ability to realize its rights such as joint operation, merger, restructuring, sale of material asset, etc. and obtain Party B’s written consent, otherwise, Party A is not allowed to carry out the afore mentioned activity before repayment of the Loan; § to notify Party B of any changes like location, contact address, business scope, legal representative and other commercial register items within 7 days after these changes; § it shall notify Party B immediately the occurrence of any event that will affect its normal operation or solvency under this contract, such as (but not restrain to) severe economic dispute, bankruptcy, financial deterioration etc; § In case of it winding up, dissolution, suspension of operation, revoke of business license, Party A should notify Party B of such events within 5 days after their occurrence and undertake to repay the principal and interest immediately. § Others as agreed. 7.2 Party B shall have the following rights and obligations: § to require Party A to provide all materials related to the Loan; § to deduct the principal, interest, compound interest, penalty interest and other due expenses relating to the Loan under this Contract directly from Party B’s account in accordance comply with the provisions of this Contract or relevant law; § in case the Personal Data Protection Act and related regulations. But if the client of Party A’s evasion of B has established relationship with Party B’s monitoringA by the insurance contract, default in payment such personal information shall be retained by Party A and Party A may legally continue to use the customer information for due principal processing and marking the relevant insurance, renewal, termination, or interest and other severe breach related matters. (2) Either party shall not sign contract with any sales professionals of the Contractother party or provide compensation of any nature. Any violation shall be dealt in the following manners: A. The insurance policies made by such sales professional shall belong to his/her previous company. B. Non-liable party may notify the other party by written notice and negotiate to stop such breach. If the violation is serious, the punishment shall be NT 3,000 for each event each person, and limit to 3 cases in six months. (3) Any valid insurance contract owned by the insured (limited to non-Party B solicited, hereinafter referred to as the old policy) has been canceled, suspended, revoked, effect stop, reduced pay applied or extension of policy within 6 months of the new insurance contract (hereinafter referred to as the new policy), Party B is entitled to impose credit penalty against shall not be paid the commission for beginning of the new policy. If the commission has been issued, the Party AA may recover by deduction in the next month of deduction, notify relevant departments or entities of such breach and put up payment demand notice on public media; § to provide loan but the new policy with more premium than the old policy, the Party A shall pay commission to Party A in time according to B based on the difference of new and old policy. (4) Both parties shall comply with the provisions of the Contract (except for the delays due to Party A’s reason); § to keep confidential Insurance Underwriting Claims Rules issued by Financial Supervisory Commission, Executive Yuan of the information Republic date May 12, 2010 No. 09902551191. (5) Specific insurance products cooperation of both parties are traditional individual life insurance contract by both parties shall comply with all traditional individual life insurance contracts reviewed by the relevant provisions in the period; specific insurance products are investment-type insurance products, both parties shall comply with investment-linked products sales with the provisions of Article XIII of Article 15 of the matters and materials provided by Party A..investment-type insurance products sales self-regulate.

Appears in 1 contract

Samples: Insurance Brokerage Agreement (China United Insurance Service, Inc.)

Rights and Obligations of Both Parties. 7.1 5.1 Party A shall have A, as the party to rent out the property, enjoys the following rights and obligations: § to draw down and use the Loan rights: 1) To receive rent according to this Contract; § if Agreement; 2) To enjoy other rights regulated in this Agreement. 5.2 Party A, as the party to rent out the property, shall bear the following obligations: 1) Unless otherwise stipulated in this Agreement, Party A repays guarantees it has the Loan before maturity date, right to rent out the property of Party A according to this Agreement and it shall obtain prior written has the right to sublet the property for subletting hereunder with consent from of a third party according to the property leasing agreement Party B A signs with such third party and shall compensate stipulations of this Agreement. 2) Party B against A undertakes to take all necessary actions to ensure the losses for expected income property hereunder and relevant expenses; § renting of such property conform to bear all expenses incurred under this Contract; § it shall notify related regulations. Party B at least A guarantees and undertakes to pay compensation in full amount within 30 days in advance of any activities that would have a negative impact upon Party B’s ability to realize its rights such as joint operation, merger, restructuring, sale of material asset, etc. and obtain after receiving Party B’s written consentrequest for compensations for any losses (including all economic losses) caused by Party A’s failure to fulfill the above undertakings. 3) Party A shall rent out and sublet the property as required by Party B. 4) Party A shall bear all the property tax, otherwisebusiness tax, additional tax, stamp tax, land-using tax and all the other taxes payable according to laws arising from leasing property to Party B. 5) During term of this Agreement, provided that Party A intends to transfer its ownership of the property of Party A to a third party, Party A is not allowed to carry out the afore mentioned activity before repayment of the Loan; § to notify Party B of any changes like location, contact address, business scope, legal representative and other commercial register items within 7 days after these changes; § it shall notify Party B immediately the occurrence of any event that will affect its normal operation or solvency under this contract, such as (but not restrain to) severe economic dispute, bankruptcy, financial deterioration etc; § In case of it winding up, dissolution, suspension of operation, revoke of business license, Party A should notify inform Party B of such events within 5 days after their occurrence and undertake intention. Party B has preemption right to repay purchase such property under the principal and interest immediatelysame conditions. § Others In case Party B waivers such preemption right, Party A may transfer the ownership to a third party under the same conditions. However, the transfer shall take effect only with the precondition that the third party, as agreedthe party to rent out the property hereunder, shall be bound by this Agreement. 7.2 6) Party B shall have the following rights and obligations: § may require reducing sites of rented property according to require its business situations with a written notice to Party A to one month in advance. 7) Party A shall provide all materials necessary assistance for reasonable requests of Party B related to using of the Loan; § property Party B rents according to deduct this Agreement. 8) Party A shall perform all of its obligations as the principal, interest, compound interest, penalty interest party to rent out the property and other due expenses relating to the Loan under this Contract directly from shall not affect Party B’s account normal using of the rented property hereunder with any actions or inactions. 9) Unless otherwise regulated in accordance with the provisions this Agreement, during term of this Contract Agreement, Party A shall not withdraw the property hereunder, partly or relevant law; § wholly, or terminate this Agreement at an earlier time. 5.3 Party B, as the party to rent the hose property hereunder, enjoys the following rights: 1) to occupy and use the property hereunder according to this Agreement; 2) to carry out non-structural decoration and reconstruction of the property hereunder at its own cost according to its business requirement without violating related laws, regulations and commitments in case this Agreement. Such decoration and reconstructions shall not bring adverse effect on value of the property and/or rights of Party AA. 3) to sublet the property of Party A hereunder, partly or wholly, with prior written consent of Party A. (inapplicable to the property for subletting) 4) to require increase of the number of sites of the property hereunder according to its business situations, with which Party A shall try its best to satisfy Party B. 5) to require decrease of the number of sites of the property hereunder according to its business situations with a written notice to Party A with one month in advance. 6) Nevertheless of the above, if any of the property is damaged not due to Party B’s evasion fault, Party B has the right to decide the damage degree with its own judgment. If the damage is so serious that Party B is not able to use such property in reasonable and normal manner, Party B may require terminating rent of the damaged property with a written notice to Party A. Party A shall make confirmation of the damage within 15 days after receiving such notice. In case Party A fails to make confirmation within the limited time, it is deemed Party A accepts Party B’s requirement. Afterwards, the relation between the two parties concerning rent of the damaged property is terminated. Party B does not need to pay the rent for the damaged property from the date of such damage. After Party A finishes repair of the damaged property, the two parties may, with consent of Party B’s monitoring, default resume the rental relation concerning the repaired property according to terms of this Agreement from the date agreed by both parties. 7) To have the preemption right under the same conditions in payment case Party A intends to sell the property of Party A. 5.4 Party B, as the party that rents the property hereunder, shall bear the following obligations: 1) to pay rent according to this Agreement; 2) liable for due principal maintenances (excluding structural repairs) of the property hereunder during the rent term, except when a third party or interest owner of the houses shall bear such liabilities according to agreement between Party A and such third party; 3) to bear fees for water, electricity, heating, repair and other severe breach expenses for using such property during the rent term; 4) to pay compensations for losses to a third party due to decoration and reconstruction during the rent term; 5) to manage and use the property hereunder in proper manner and pay compensations for losses like damage or elimination of the Contract, Party B is entitled property caused by its improper management or using behaviors; 6) to impose credit penalty against Party A, notify relevant departments or entities of such breach and put up payment demand notice on public media; § to provide loan return the property hereunder to Party A in time according to the provisions immediately after expiry of the Contract (except for the delays due to Party A’s reason); § to keep confidential rent term or termination of the information and materials provided by Party A..this Agreement.

Appears in 1 contract

Samples: Property Leasing Agreement (China Life Insurance Co LTD)

Rights and Obligations of Both Parties. 7.1 (1) Rights and obligations of Party A 1. Party A shall have submit to Party B, the following necessary legal documents or statutory materials (including but not limited to: business license, subject qualification of the web promoter, schematic information of proof of legal ownership and other such information as well as other materials that are stipulated by laws and regulations) five (5) working days prior to the first web promotion day stipulated in this Contract. 2. Party A shall, in accordance with the request of Party B, provide all necessary information to Party B, at least five (5) working days prior to the information promotion. Party A shall ensure that the content of all information it provides (including but not limited to written and pictorial manuscripts, icons and links, and other such information) shall be true, legal and valid, and shall not be obtained through unfair competition. At the same time, Party A shall not send out false propaganda on information as regards its product or business that would mislead another. Party A shall ensure that the information it provides enjoy intellectual property rights and obligations: § other such rights, or corresponding licenses, and has not infringe on the legal rights of a third party. All dissent, claim or dispute arising from the content of the said information shall be unrelated to draw down and use Party B, with all relevant legal liability to be borne independently by Party A. Should Party B assume any liability for any third party as a result of the Loan according abovementioned act of infringement by Party A, Party B has the right to this Contract; § if claim compensation from Party A repays for all losses incurred. Information provided by Party A shall comply with the Loan before maturity dateprovisions of the State for mandatory and restrictive information content required by the State. Information provided by Party A that does not comply with regulations or for which Party A refuses to amend, it shall obtain prior written consent from Party B has the right to refuse or cancel or/and shall compensate terminate this Contract without having to bear the liability for a breach of contract. Losses incurred by Party B against as a result of the losses for expected income and relevant expenses; § aforesaid situation shall be fully borne by Party A. However, Party B has the obligation to bear all expenses incurred under this Contract; § it notify Party A promptly. 3. Party A shall notify Party B at least 30 in writing, five (5) working days in advance should the former wish to alter the format, positioning or timing of any activities that would have a negative impact upon Party B’s ability to realize its rights such as joint operationthe web promotion. Both parties shall determine the alteration in web promotion content and web promotion plan, merger, restructuring, sale of material asset, etcin writing. and obtain Party B’s written consent, otherwise, Should Party A is not allowed to carry out the afore mentioned activity before repayment of the Loan; § fail to notify Party B of any changes like locationwithin the stipulated time period, contact address, business scope, legal representative and other commercial register items within 7 days after these changes; § it shall notify Party B immediately the occurrence of any event that will affect its normal operation or solvency under this contract, such as (but not restrain to) severe economic dispute, bankruptcy, financial deterioration etc; § In case of it winding up, dissolution, suspension of operation, revoke of business license, Party A should notify Party B of such events within 5 days after their occurrence and undertake to repay the principal and interest immediately. § Others as agreed. 7.2 Party B shall have the following rights and obligations: § right to require refuse the alteration. 4. Party A shall pay the consideration to provide all materials related to the Loan; § to deduct the principal, interest, compound interest, penalty interest and other due expenses relating to the Loan under this Contract directly from Party B’s account B in accordance with the provisions stipulated timing in this Contract, and shall promptly coordinate with Party B, in accordance with the request of Party B, in carrying out the designing and production of the information and pages so as to ensure that the information of Party A would be promptly promoted. 5. Final confirmation of the manuscript of all information content provided by Party A shall be made by Party A, failing which Party B shall not be liable for any error present in the information content. (2) Rights and obligations of Party B 1. Party B shall, in accordance with the stipulations of this Contract or relevant law; § Contract, ensure the quality and quantity, and with the best quality and in case a timely manner, complete the designing, production and promotion efforts of Party A’s evasion of information promotion pages on the internet. 2. Party B’s monitoring, default in payment for due principal or interest and other severe breach B shall not make unauthorized alteration of the Contractinformation promotion content, format, positioning and timing without permission from Party A. 3. During the period of information release, Party B is entitled shall promptly maintain, update, and prevent virus and hacker attacks, the promoted information of Party A. 4. Party B shall have the right to impose credit penalty against investigate the information content and the presentation format. Party A, notify relevant departments or entities of such breach and put up payment demand notice on public media; § to provide loan to B may request Party A make amendments for information content and presentation format that are in time according to conflict with laws, regulations or the provisions style of the Contract website. Party B has the right to delete and alter information it has requested to be published. 5. Should Party B fail to receive objections in writing from Party A as regards the promoted information within five (except for the delays due to Party A’s reason); § to keep confidential of 5) working days after the information and materials provided by promotion, Party A..B shall be deemed to have completed the information promotion in accordance with this Contract.

Appears in 1 contract

Samples: Web Promotion Technical Service Contract (SouFun Holdings LTD)

Rights and Obligations of Both Parties. 7.1 5.1 Party A, as the lessor of the Properties, shall be entitled to: 1) receive rent according to this Agreement; 2) other rights regulated in this Agreement. 5.2 Party A, as the lessor of the Properties, shall assume the following obligations: 1) Unless otherwise stipulated in this Agreement, Party A guarantees that it has the power to rent out the Properties according to this Agreement. 2) Party A undertakes to take all necessary actions to ensure the compliance of the Properties and the lease of the Properties with related regulations. Party A guarantees and undertakes to pay compensation in full amount within 30 days after receiving Party B’s written request for compensations for any losses caused by Party A’s failure to fulfill the above undertakings. 3) Party A shall have bear all the following rights property tax, VAT and obligations: § to draw down surcharges, stamp tax, land-using tax and use all the Loan other taxes payable according to tax laws and regulations arising from leasing property to Party B. 4) During the term of this Contract; § if Agreement, in the event that Party A repays intends to transfer its ownership of the Loan before maturity dateProperties to a third party, it shall obtain prior written consent from Party B and shall compensate Party B against the losses for expected income and relevant expenses; § to bear all expenses incurred under this Contract; § it shall notify Party B at least 30 days of such intention in advance of any activities that would have a negative impact upon writing. Party B has the preemptive right to purchase the Properties under the same conditions. Party B’s ability failure to realize confirm in writing within 30 days upon receipt of Party A’s notification to exercise the preemptive right shall be deemed a waiver of such right. In the event that Party B waives such preemptive right, Party A may transfer ownership of the Properties to a third party under the same conditions. However, the transfer shall take effect provided that the third party, as lessor of the Properties, shall be bound by this Agreement. 5) In case Party A transfers the Properties rented by Party B under this Agreement to a third party after January 1, 2023, if Party B has invested decoration and improvement expenses during the lease period (including the lease period of previous years) and such decoration and improvement expenses have not been fully amortized when the Properties are transferred, Party A shall compensate Party B for the book loss of such decoration and improvement expenses. The book loss of decoration and improvement expenses for the Properties transferred shall be settled by Party A to Party B by the end of March of the next year of the transfer. During the term of this Agreement, the total amount of unamortized decoration and improvement expenses when Party A’s Properties are transferred is estimated to be RMB 23,744,020.45. The above amounts are for reference only, and the specific amounts shall be determined based on actual disposal and relevant renovation data. 6) Unless otherwise agreed by both Parties, during the term of this Agreement, Party A shall not, partly or in whole, take back the Properties early, or terminate this Agreement early. 7) Party A shall provide necessary assistance for reasonable requests of Party B related to using of the properties Party B rents according to this Agreement. 5.3 Party B, as the lessee hereunder, shall be entitled to: 1) occupy and use the Properties according to this Agreement; 2) carry out non-structural decoration and reconstruction of the Properties at its rights own cost according to its business requirement without violating related laws, regulations and commitments in this Agreement. Such decoration and reconstructions shall not bring adverse effect on the value of Party A’s Properties and/or Party A’s rights; 3) sublet the Properties, partly or in whole, with prior written consent of Party A; Party B shall not sublet Party A’s Properties hereunder to a third party. With the prior written consent of Party A, Party B may return the whole or part of the area of Party A’s Properties hereunder and deduct the corresponding rent, and Party B may, as entrusted by Party A, lease the returned area to a third party on behalf of Party A and pay any rent received therewith to Party A. 4) require decrease of the number of sites of the Properties according to its business situations with a written notice to Party A with one month in advance; 5) notwithstanding the above, if any of the Properties is damaged not due to the fault of Party B, Party B may demand termination of the rental of the damaged property by giving written notice to Party A. Party A shall confirm the damage within 30 days after receiving such as joint operationnotice. If Party A fails to confirm within the limited time, merger, restructuring, sale of material asset, etc. and obtain Party A will be deemed to have accepted Party B’s written consentdemand. Thereafter, otherwise, the relation between the two parties concerning rental of the damaged property is terminated. Party B does not need to pay the rent for the damaged property from the date of such damage. After Party A is not allowed to carry out the afore mentioned activity before repayment completes repair of the Loan; § damaged property, the two parties may, with consent of Party B, resume the rental relationship in respect of the repaired property according to notify the terms of this Agreement from the date agreed by both parties; 6) the preemptive right under the same conditions if Party B A intends to sell the Properties. 7) During the term of any changes like locationthis Agreement, contact address, business scope, legal representative and other commercial register items within 7 days after these changes; § it shall notify if Party B immediately A transfers the occurrence ownership of any event that will affect its normal operation or solvency Party A’s Properties under this contractAgreement to a third party, such as (but not restrain to) severe economic dispute, bankruptcy, financial deterioration etc; § In case of it winding up, dissolution, suspension of operation, revoke of business license, Party A should notify Party B of such events within 5 days after their occurrence and undertake to repay the principal and interest immediately. § Others as agreed. 7.2 Party B shall have the following rights and obligations: § right to require Party A to provide all materials related make compensation for the remaining book value of improvement expenses by the end of March of the next year after the ownership transfer if there are any improvement expenses for such properties that have not yet been fully depreciated. 5.4 Party B, as the lessee hereunder, shall assume the following obligations: 1) to pay rent according to this Agreement; 2) to be liable for maintenances (excluding structural repairs) of the Loan; § Properties during the rental term, except when a third party or owner of the building shall bear such liabilities according to deduct the principalagreement between Party A and such third party; 3) to bear fees for water, interestelectricity, compound interestheating, penalty interest repair and other expenses for using the Properties during the rent term; 4) to pay compensations for losses to a third party due expenses relating to decoration and reconstruction during the Loan under this Contract directly from Party B’s account rent term; 5) to manage and use the Properties in accordance with the provisions of this Contract proper manners and pay compensations for losses such as damage or relevant law; § in case of Party A’s evasion of Party B’s monitoring, default in payment for due principal or interest and other severe breach destruction of the Contract, Party B is entitled Properties caused by its improper management or usage; 6) to impose credit penalty against Party A, notify relevant departments or entities of such breach and put up payment demand notice on public media; § to provide loan return the Properties to Party A in time according to immediately upon the provisions expiry of the Contract (except for the delays due to Party A’s reason); § to keep confidential rental term or termination of the information and materials provided by Party A..this Agreement.

Appears in 1 contract

Samples: Property Leasing Agreement (China Life Insurance Co LTD)

Rights and Obligations of Both Parties. 7.1 Article 5 Rights and obligations of Party A 1. Party A shall be obliged to provide products conforming to the provisions of national laws and regulations, and offer after-sale service to the products in light of relevant national provisions. 2. Party A shall be obliged to provide corresponding marketing documents in supply (relevant supporting documents that Party B, in light of relevant national provisions, believes that Party A shall present). 3. Party A shall have the following rights right to monitor the distribution territory of Party B, and obligations: § to draw down and use advance the Loan according opinions for improvement to this Contract; § if Party A repays guarantee the Loan before maturity date, it shall obtain prior written consent from Party B and shall compensate Party B against the losses for expected income and relevant expenses; § to bear all expenses incurred under this Contract; § it shall notify Party B at least 30 days in advance consistency of any activities that would have a negative impact upon Party B’s ability development with the Company; 4. Party A shall have the right to realize its rights such as joint operationaccess the data regarding the territory governed by Party B, mergerand to build the database. The aforesaid data belong to confidential documents within the cooperation period of both parties and even after the termination of the cooperation, restructuringand shall not be disclosed to any third party. 5. Party A shall have the right to decide on the regional advertising campaign project; 6. During the cooperation period, sale Party A shall be obliged to guarantee the maximum interests of material assetParty B in distribution; 7. During the cooperation period, etc. and obtain Party A shall be obliged to guarantee Party B’s written consent, otherwise, after-sale service in distribution to the utmost extent; 8. Party A is not allowed shall be obliged to carry out the afore mentioned activity before repayment of the Loan; § to notify assist Party B of any changes like locationto develop network, contact addresshold promotion conference, business scopemarket seminar, legal representative and other commercial register items within 7 days after these changestrainings, etc.; § it shall notify Party B immediately the occurrence of any event that will affect its normal operation or solvency under this contract, such as (but not restrain to) severe economic dispute, bankruptcy, financial deterioration etc; § In case of it winding up, dissolution, suspension of operation, revoke of business license, and 9. Party A should notify Party B of such events within 5 days after their occurrence shall reserve the right to divide and undertake to repay adjust the principal and interest immediately. § Others as agreednational market area. 7.2 Article 6 Rights and obligations of Party B 1. Party B shall have the following rights right to distribute Party A’s products within the appointed distribution territory governed; 2. Under the premise of not violating Party A’s policies on sale of products and obligations: § market operation, Party B shall have the right to require decide on the business decision of subordinate distributors; 3. Party B shall be obliged to follow and implement various sales policies, price policies, market management policies and after-sale service policies of Party A in its distribution activities; 4. Party B shall have the right to provide all materials related to monitor the Loan; § to deduct the principal, interest, compound interest, penalty interest and other due expenses relating to the Loan under this Contract directly from Party B’s account in accordance with the provisions of this Contract or relevant law; § in case market operation of Party A’s evasion personnel; and 5. To suggest the advertising campaigns in its distribution territory; 6. To take charge of the negotiation and handling with local consumer council, administration of industry and commerce, quality inspection authority, and press; 7. Where Party B’s monitoringB has no serious defaults during the contract period, default in payment for due principal or interest and other severe breach proposes continuous distribution cooperation after the expiry of the Contract, Party B is entitled to impose credit penalty against Party A, notify relevant departments or entities and can conduct distribution in light of such breach and put up payment demand notice on public media; § to provide loan to Party A in time according to the provisions of the Contract (except for the delays due to Party A’s reason); § distribution policies, it shall have the priority to keep confidential renew the distribution contract, but both parties shall conclude a new distribution contract in light of the information market situation at that time; 8. Party B shall organize a full-time marketing team of 15 people above to specially take charge of the market development and materials provided by maintenance of ”Silvan Touch” products. Besides, Party A..B shall also, in light of needs, set up exclusive store or counter in key building material market to promote the distribution; 9. Party B shall be obliged to organize distributors within its distribution territory to participate in the promotion conference, market seminar, training meetings, etc.; and 10. In any promotion campaign carried out for the purpose of market launch and stabilization, Party B shall allocate special human, material and financial resources to give cooperation and support.

Appears in 1 contract

Samples: Exclusive Distribution Contract (Phoenix Energy Resource Corp)

Rights and Obligations of Both Parties. 7.1 (A) Party A’s rights and Obligations a) To have the right to take in the rent in schedule. If Party B has no proper reason and delay the rent payment, then, Party A shall should charge 3/10000 of monthly rent as penalty every day upon one day delay. If Party B delays making the payment up to more than one month, then, Party A has the right to notify in writing Party B to release the lease contract. b) To have the following rights and obligations: § right to draw down and use inspect the Loan according to this Contract; § if Party A repays the Loan before maturity date, it shall obtain prior written consent from Party B and shall compensate Party B against the losses for expected income and relevant expenses; § to bear all expenses incurred under this Contract; § it shall notify Party B at least 30 days workshops in advance of any activities that would have a negative impact upon which Party B’s ability production equipment are installed and once it is found out that the destructive use is made on the factory buildings and ancillary production equipment, etc., then, Party A has the right to realize stop Party B from doing this and make Party B to rectify this in written notice. c) To have the right to require Party B’s staff working in Party A’s factory consciously to observe the regulations and rules made by Party A. d) To ensure that Party B can reasonably use the rented factory buildings and the ancillary production equipment, etc at its rights such as joint operation, merger, restructuring, sale of material assetown discretion without interference on the normal operation activity. e) To provide the convenience and support to Party B’s rented factory buildings and the ancillary production equipment, etc. including its items and obtain persons and it is not allowed for Party A to set up the obstruction, otherwise to take the compensation responsibility. f) To take the responsibility for the safety, proof-theft and proof-fire around the rented buildings. (B) Party B’s written consentrights and Obligations a) To have the right reasonably to use the rented factory buildings and the ancillary production equipment, otherwiseetc. at its own discretion as well as the relevant dypasses in the factory area b) To have the right to make the proper reconstruction on the rented factory buildings and the ancillary production equipment, etc. upon the production requirements. When the rent term expires, Party A B has the right to dismantle the relevant things in itself-property rights. c) Properly to use the Lease Premises and it is not allowed to carry out the afore mentioned activity before repayment destructive use on the rented factory buildings and the ancillary production equipment, etc. d) To make the rent payment in time. e) When the lease term expires, Party B should make a cleaning of the Loan; § to notify Party B of any changes like locationfactory buildings in rent, contact address, business scope, legal representative and other commercial register items within 7 days after these changes; § it shall notify Party B immediately the occurrence of any event that will affect its normal operation or solvency under this contract, such as (but not restrain to) severe economic dispute, bankruptcy, financial deterioration etc; § In case of it winding up, dissolution, suspension of operation, revoke of business license, Party A should notify Party B of such events within 5 days after their occurrence and undertake to repay the principal and interest immediately. § Others as agreed. 7.2 Party B shall have the following rights and obligations: § to require Party A to provide all materials related to the Loan; § to deduct the principal, interest, compound interest, penalty interest and other due expenses relating to the Loan under this Contract directly from if anything in Party B’s account in accordance with the provisions of this Contract or relevant law; § in case of Party A’s evasion of Party B’s monitoringproperty rights is not dismantled, default in payment for due principal or interest and other severe breach of the Contract, Party B is entitled to impose credit penalty against Party A, notify relevant departments or entities of such breach and put up payment demand notice on public media; § to provide loan it will belong to Party A in time according to free of charge upon the provisions agreement of the Contract (except for the delays due to Party A’s reason); § to keep confidential of the information and materials provided by Party A..A.

Appears in 1 contract

Samples: Lease Contract (Diguang International Development Co., Ltd.)

Rights and Obligations of Both Parties. 7.1 6.1 Party A shall have guarantee that it is a lawful Chinese legal person or other organization according to laws of People’s Republic of China and has the following necessary capacity of civil rights and obligations: § capacity of civil disposition to draw down sign and use the Loan according to perform this Contract; § if contract; 6.2 Party A repays shall know and agree all articles of the Loan before maturity dateprincipal contract, voluntarily provides guaranty for Party B and all proposals in this contract are truthful. 6.3 In case there is the third party providing another guaranty, all guarantors shall be jointly and severally liable for the debt. Party B may require any one of the guarantors to bear relevant security liabilities. 6.4 Should the debtor pay all debts under the principal contract and relevant specific business contract or xxxx of debt on schedule, then Party A may not bear the security liabilities under this contract any more. 6.5 If principal creditor’s right amount guaranteed by Party A is not increased, the modification of the principal contract by debtor and Party B through agreement needs not obtain Party A’s consent and Party A shall not be exempted from joint and several liability for the amendment. 6.6 During the performance of this contract, if the People’s Bank of China adjusts loan interest rates, it shall obtain prior written consent from be performed according to the regulations of the People’s Bank of China, which shall not be regarded as the modification of the principal contract and this contract. Party B is not required to notice Party A and Party A shall compensate continue to bear the security liability. 6.7 Party A shall ensure that its credit information, financial report and other materials, documents are truthful, legal and valid; 6.8 In case the debtor fails to pay debt according to what’s agreed in specific business contract or xxxx of debt, Party B against the losses for expected income and relevant expenses; § may ask Party A to bear all expenses incurred under this Contract; § it security liability and Party A shall notify pay Party B at least 30 days in advance on the date of any activities that would have a negative impact upon Party B’s ability to realize its rights such as joint operation, merger, restructuring, sale of material asset, etc. and obtain receiving Party B’s written consent, otherwisenotice without delay. 6.9 When performing its security liability, Party A is not allowed shall pay to carry out the afore mentioned activity before repayment of the Loan; § to notify Party B according to the following sequence except as otherwise agreed upon in this contract: (1) fees to realize the creditor’s right; (2) payment for damages; (3) contractual fines; (4) compound interest of any changes like location, contact address, business scope, legal representative and other commercial register items within 7 days after these changesprincipal creditor’s right; § it shall notify (5) overdue interest penalty for principal creditor’s right; (6) interest of principal creditor’s right; (7) the principal of principal creditor’s right. 6.10 Should Party B immediately A fails to perform the occurrence security liability agreed in Article 6.8 of any event that will affect its normal operation or solvency under this contract, such as (but not restrain to) severe economic dispute, bankruptcy, financial deterioration etc; § In case of it winding up, dissolution, suspension of operation, revoke of business license, Party A should notify Party B of such events within 5 days after their occurrence and undertake to repay the principal and interest immediately. § Others as agreed. 7.2 may deduct directly from any accounts opened by Party B shall have the following rights and obligations: § to require Party A to provide all materials related to the Loan; § to deduct the principal, interest, compound interest, penalty interest and other due expenses relating to the Loan under this Contract directly from Party B’s account in accordance with the provisions or exercise right of this Contract or relevant law; § in case disposition of Party A’s evasion property or property right lawfully possessed and managed by Party B to off the debtor’s right guaranteed by Party A. 6.11 During the period of validity of principal contract, Party B’s monitoring, default in payment for due principal or interest A shall take measures actively to realize its security liability and other severe breach inform Party B within 3 statutory working days if it is under any of the Contractfollowing circumstances: (1) Litigation, Party B is entitled to impose credit penalty against arbitration involving Party A, notify relevant departments or entities other events which may have an effect on its capacity of such breach and put up payment demand notice on public media; § to provide loan guaranty; (2) Party A modify its name, domicile or legal representative; (3) Merger, division, annexation, stock system reform, contracting out, leasing, capital transfer, economic association, investment, application for closing down for rectification, application for dissolution, application for bankruptcy or other changes occurs to Party A in time according A. 6.12 Should Party B and the debtor sign specific credit granting contract or xxxx of debt under the specific credit business of principal contract, it is not necessary to inform Party A. 6.13 Party B has the provisions of the Contract (except for the delays due right to investigate and check Party A’s reason); § business and property situation and Party A shall coordinate actively and provide relevant materials to keep confidential of the information and materials provided by Party A..B without delay.

Appears in 1 contract

Samples: Comprehensive Credit Extension Agreement (Utstarcom Inc)

Rights and Obligations of Both Parties. 7.1 4.1 Rights and obligations of Party A 4.1.1 Party A shall have the following rights and obligations: § priority to draw down and use sign the Loan advertising resources hereof under the same conditions when the Contract is renewed. 4.1.2 Party A shall have the right to request Party B to broadcast the advertisements as scheduled according to this Contract; § if the Advertising Schedule confirmed by both parties after the advertising materials provided by Party A repays are examined and approved. 4.1.3 Party A owns the Loan before maturity datecopyright of the advertising pictures/films hereunder, it and Party B shall obtain prior not use them and related materials for purposes other than those required for the performance hereof without written consent from of Party B A. 4.1.4 Party A shall make all payments on time as agreed herein. 4.1.5 In case of any adjustment of the content, time, time slot and shall compensate specifications of the advertisement release, Party B against the losses for expected income and relevant expenses; § to bear all expenses incurred under this Contract; § it A shall notify Party B at least 30 in writing 7 days prior to the originally agreed broadcast date; otherwise the advertisement shall be released in advance accordance with the Advertising Schedule originally confirmed by both parties. 4.2 Rights and obligations of any activities that would have a negative impact upon Party B’s ability to realize its rights such as joint operation, merger, restructuring, sale of material asset, etc. and obtain Party B’s written consent, otherwise, Party A is not allowed to carry out the afore mentioned activity before repayment of the Loan; § to notify Party B of any changes like location, contact address, business scope, legal representative and other commercial register items within 7 days after these changes; § it shall notify Party B immediately the occurrence of any event that will affect its normal operation or solvency under this contract, such as (but not restrain to) severe economic dispute, bankruptcy, financial deterioration etc; § In case of it winding up, dissolution, suspension of operation, revoke of business license, Party A should notify Party B of such events within 5 days after their occurrence and undertake to repay the principal and interest immediately. § Others as agreed. 7.2 4.2.1 Party B shall have the following rights and obligations: § right to require request Party A to provide make all materials related to payments on time as agreed herein. 4.2.2 Party B shall, within two days from the Loan; § to deduct the principal, interest, compound interest, penalty interest and other due expenses relating to the Loan under this Contract directly from Party B’s account in accordance with the provisions of this Contract or relevant law; § in case receipt of Party A’s evasion of advertisement sample (draft), review the advertisement content entrusted by Party B’s monitoring, default in payment for due principal or interest A and have the right to request Party A to modify the content that does not conform to the Advertising Law and other severe breach laws and regulations 15 days before the date of advertisement release. If Party A fails to provide legal and effective advertising materials 10 days before the broadcast of the Contractadvertisement, Party B shall have the right to refuse to broadcast and both parties shall renegotiate the broadcast date. 4.2.3 During the term hereof, if there is entitled to impose credit penalty against a major change in the program framework and advertising arrangement of the media channel, which affects the return on advertising rights and interests of Party A, Party B shall notify relevant departments or entities of such breach and put up payment demand notice on public media; § to provide loan to Party A in time according of the updated advertising resources within 3 days upon receipt of the notice of change of the media channel. In principle, the updated advertising resources shall be adjusted equivalent to the provisions of same time slot or time and advertising form, subject to the Contract (except for adjustment negotiated and mutually confirmed by both parties. 4.2.4 Party B shall ensure the delays due service quality and make rapid response, and shall timely and accurately provide Party A with channel related resources and latest dynamic information to Party A’s reason); § to keep confidential of ensure the information and materials provided by Party A..smooth cooperation between the two parties.

Appears in 1 contract

Samples: Advertising Service Agreement (Universe Pharmaceuticals INC)

Rights and Obligations of Both Parties. 7.1 1. Sign a supplementary agreement after the media policy is released in 2022, and make up the rebate difference from January 1, 2022. 2. Party B shall ensure that its customers have legal eligibility and qualifications, and provide Party A with the qualifications, approval documents and other documents required by the media for the customers to operate their business. Party B shall have ensure that the following rights and obligations: § relevant qualification documents presented or provided to draw down and use the Loan according to this Contract; § if Party A repays are true, legal, sufficient and continuously valid. ​ ​ 3. Party B shall ensure that the Loan before maturity datebusiness engaged in by its customers does not violate the provisions of current laws and regulations, it shall obtain prior written consent from and the service content does not contain content that endangers national security, obscenity, falsehood, gambling, fraud, insult, slander, intimidation and other contents that violate the provisions of laws and regulations and violate public order and good customs. 4. Party B guarantees that Party A's use of the service contents provided by Party B and the website links and downloaded contents provided by Party B does not violate any laws and regulations and does not constitute an infringement of any rights of third parties, including but not limited to infringement of personal rights, copyright, reputation rights, portrait rights and/or other intellectual property rights of third parties, and will not make Party A or the media serving the contents specified by Party B bear any liability to any third party. 5. If a third party complains that the products or services corresponding to the service content of Party B's customers are illegal, Party A has the right to immediately remove or delete the relevant products or pages, and stop to provide network information services for Party B at the same time, so the losses incurred shall be borne by Party B. If Party A suffers from the claim of any third party or any administrative or judicial punishment, Party B shall compensate Party B against the losses A for expected income and relevant expenses; § to bear all expenses incurred under this Contract; § it shall notify Party B at least 30 days in advance of any activities that would have a negative impact upon Party B’s ability to realize its rights such as joint operationlosses, merger, restructuring, sale of material asset, etc. and obtain Party B’s written consent, otherwise, while Party A is not allowed to carry out has the afore mentioned activity before repayment of the Loan; § to notify Party B of any changes like location, contact address, business scope, legal representative and other commercial register items within 7 days after these changes; § it shall notify Party B immediately the occurrence of any event that will affect its normal operation or solvency under this contract, such as (but not restrain to) severe economic dispute, bankruptcy, financial deterioration etc; § In case of it winding up, dissolution, suspension of operation, revoke of business license, Party A should notify Party B of such events within 5 days after their occurrence and undertake to repay the principal and interest immediately. § Others as agreed. 7.2 Party B shall have the following rights and obligations: § to require Party A to provide all materials related to the Loan; § right to deduct the principal, interest, compound interest, penalty interest and other due expenses relating to the Loan under this Contract above compensation directly from Party B’s account in accordance with 's prepaid service fees, and to reserve the provisions right to terminate the Agreement at any time. 6. If Party A is fined by the media or suffers other losses due to Party B or Party B's final customer violating the media service policy, Party A's losses shall be borne by Party B.. Party B shall pay the corresponding amount to Party A within seven working days after Party A receives the media penalty notice. 7. Party A has the right to review the materials and service content submitted by Party B and decide whether to allow to provide services according to the media service policy. This audit is only a formal audit, which does not mean that Party A has the obligation to confirm or guarantee the authenticity and validity of this Contract or relevant law; § in case service content. Moreover, Party B's guarantee responsibility for the authenticity and validity of business qualifications and service content will not be relieved because of Party A’s evasion of Party B’s monitoring's audit, default in payment for due principal or interest and other severe breach of the Contract, Party B is entitled to impose credit penalty against Party A, notify relevant departments or entities of such breach all responsibilities and put up payment demand notice on public media; § to provide loan to Party A in time according to the provisions of the Contract (except for the delays due to Party A’s reason); § to keep confidential of the information and materials provided consequences arising therefrom shall still be borne by Party A..B.

Appears in 1 contract

Samples: Channel Cooperation Agreement (Baosheng Media Group Holdings LTD)

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