Rights and Obligations of Party A and Party B. 3.1 Party A’s Rights and Obligations
3.1.1 After the agency cooperation is established between Party A and Party B, Party A shall become a general agent of Party B. Party A must update Party B with the client information in the course of client development, and no client can be developed without Party B’s approval. If Party A develops clients without updating Party B with the client information, Party B is entitled to disqualify Party A as a cooperation agent, and shall cease the settlement for such clients.
3.1.2 Party A shall be responsible for running the Cooperation Products online in the independently operated app stores which are built in the ROM of Android mobile phones of its Resources, and ensuring that such Cooperation Products can be used normally online in mobile phones.
3.1.3 If Party A has any question or complaint as to the Cooperation Products that cannot be independently resolved, Party A shall have the right to require Party B to provide assistance. Party B shall respond promptly and provide assistance within a reasonable timeframe.
3.1.4 Party A shall be obliged to make the statement in the documents, notices, product packages or publicity materials relating to the Cooperation Products that the developer and copyright owner of the Cooperation Products is Party B.
3.1.5 Party A warrants that, without Party B’s consent, it will not modify any content or form of the games and application products, conduct any forms of reverse engineering, decompilation or disassembling of the Cooperation Products provided by Party B, nor will it use the Cooperation Products for purposes in contradiction with this Agreement.
3.1.6 Party A warrants that the Cooperation Products can only be promoted in the independently operated app stores which are built in the ROM of Android mobile phones of its Resources rather than being sold at self-determined prices or used for other purposes, failing which, in case any economic dispute arising therefrom, Party A shall be responsible for indemnifying Party B for such economic losses caused to it.
3.1.7 Without Party B’s written consent, Party A shall not provide Party B’s Cooperation Products to entities other than Party A for operation at any time, in any form and at any place. If Party B suffers from any legal disputes and damages as a result of Party A’s breaching of this provision, Party A shall bear all the liabilities and indemnify Party B for all the losses caused to it.
3.1.8 Party A shall have the responsibility...
Rights and Obligations of Party A and Party B. (A) Rights and obligations of Party A
1. During the term of insurance, Party A shall provide credit and guarantee insurance and other insurance related business to the Borrower’s loan extended by the Lender. Party A shall review the materials provided by Party B and issue the policy after the insurance conditions of Party A are satisfied. If Party B fails to comply with the established operation procedures and risk control standards, Party A shall be entitled to refuse such insurance. If the materials provided by Party B are untrue, including but not limited to circumstances whereby the agreed risk control standards are not complied with leading to incorrectness and incompleteness of the Borrower’s materials and thus Party A issues a policy mistakenly, Party A shall be entitled to require Party B to compensate for its economic losses.
2. In the event of a breach of contract by the Borrower, Party A shall compensate the investors for the principal and expected interest by the Borrower.
3. During the term of insurance, Party A shall ,on a monthly basis, check and assess the repayment ability of the debtors of Party B’s creditor’s rights and Party B shall cooperate. Both Parties shall jointly enhance the post-loan management and take measures to reduce or eliminate risks.
4. Party B shall serve a collection notice for the breach of the Borrower and provide proof of failure to collect after such notice. Party A confirms that Party B’s proof of failure to collect overdue payment shall be the loan outstanding after the maturity date set out in the loan agreement between the Borrower and the Lender, including but not limited to relevant evidence proving the debtor of Party B’s creditor’s right owing the principal and expected interest of loan, collection documents for overdue payment issued by Party B or attorney’s letters.
(B) Rights and obligations of Party B
1. Party B shall provide Borrowers with loans to meet the consumption demand.
2. Party B shall recommend Borrowers to Party A and shall be responsible for the Borrowers and the authenticity and completeness of the application materials.
3. In the event that a Borrower recommended by Party B fails to repay on time, Party A shall follow the compensation methods set out in the Memorandum, and Part B shall cooperate.
4. Party B accepts the policyholder’s and the insured’s entrustment to handle the insurance and claim matters on their behalf. Only one invoice shall be issued for the same policy and the invoice ...
Rights and Obligations of Party A and Party B. 5.1 Party B represents and warrants that it is a legal entity registered in accordance with the law and in good standing, has the right to dispose any property under its operation and management, has the right to operate business related to the use of this agreement and its Specific Business Contract, has the right to sign and perform this agreement and Specific Business Contracts.
5.2 Party B represents and warrants that the execution of this agreement and its Specific Business Contract has been approved by the superior competent department or the company’s board of directors, shareholders and other authorized institutions, and all necessary authorizations have been obtained.
5.3 Party B represents and warrants that the execution and performance of this agreement and the Specific Business Contract does not violate any regulations or agreements binding on Party B and its assets, including but not limited to violation of any guarantee agreement signed by Party B with others or guarantee commitments issued to others.
5.4 Party B represents and warrants that all documents and materials provided to Party A are true, accurate, legal and valid.
5.5 During the performance of this agreement and the Specific Business Contract, Party B shall, in accordance with the requirements of Party A, cooperate with the inspection and provide timely, including but not limited to:
5.5.1 Business license and annual inspection certificate, legal representative code certificate, identification document of legal representative and necessary personal information, a list of board members and principal responsible persons, a list of financial directors, business license, tax registration certificate qualified for annual inspection of the tax department, photocopy of tax certificate and loan certificate (card) provided by the tax department according to the number of years required by Party A;
5.5.2 All bank of deposit, accounts, deposits and loans;
5.5.3 Audited balance sheet, profit and loss statement, statement of changes in owner’s equity, sales volume, cash flow statement, financial statements and notes provided by Party A for the number of years required by Party A;
5.5.4 Production and operation plans, statistical statements and project budget and final accounts data;
5.5.5 All external guarantees (including any agencies of Party A);
5.5.6 All affiliated enterprises involving related relationship information, related party transactions that have occurred and are about to occur ac...
Rights and Obligations of Party A and Party B. 1. Rights of obligation of Party A
(1) Party A shall provide training for Party B’s agents to meet the test requirement of Insurance Institute of R.O.C., and acquire the certificate of selling invest-linked product of the Institute. Certain fees are to be paid by Party B.
(2) Party A shall provide any kinds of forms that are needed for the application, business promotion and insurance services.
(3) Party A shall provide propagandized materials related to invest-linked products, and the fees are to be paid by Party B.
2. Rights of obligation of Party B
(1) Party A shall terminate this Contract if Party B fail to reach 2,400,000 NT for first-year commission of the promised amount or for each of contract year, continuity rate of the 13th month must be over 65%.
(2) Party B shall conduct its business under Insurance Act, Regulations Governing the Supervision of Insurance Agencies, Regulations Governing the Supervision of Insurance Brokers, Regulations Governing the Supervision of Insurance Solicitors and any other related Acts or laws. If Party B causes any damages to Party A resulting from the violation of above-mentioned acts, Party B shall be indemnity.
(3) Party B shall follow the agreed procedure for the premium receipt.
(4) If the termination of insurance contract results from the willful concealment of the clients, Party B shall return all the commission to Party A.
(5) Party B shall provide insurance services that are in the scope of cooperation for the policyholder.
Rights and Obligations of Party A and Party B. 1. During the term of this agreement, Party B has the right to know the business activities of Party A. Party B has the right to request Party A to provide information related to discounting. Party A shall promptly provide Party B with the information on the purpose of discounting funds and true transaction background information as requested by Party B. Party B shall enter the business premises of Party A to investigate, review, and inspect the use of credit, as well as the assets, financial status, and business situation of Party A. Party A shall cooperate, and Party B shall have the right to supervise Party A to use the discounted funds for the purposes specified in this contract.
2. Party A promises to strengthen environmental risk management in the process of operation and management, and voluntarily accepts the supervision of Party B or the entrusted party on the environmental risk situation of Party A. When an environmental risk event occurs during the operation of Party A, Party A shall proactively inform Party B, and Party B has the right to request Party A to provide relevant materials such as environmental risk reports if it deems necessary.
3. Party B shall bear the obligation of confidentiality for the information provided by Party A, except as otherwise provided by laws, regulations, regulatory authorities, or agreed by both parties, or where the information provided by Party A does not constitute confidential information.
4. When discounting each electronic commercial draft under this cooperation agreement, there is no need to sign contracts one by one.
Rights and Obligations of Party A and Party B. 3.1 Party B, upon receiving an overseas purchase order, shall promptly enter into a silicon chip or photovoltaic cell purchase agreement with Party A. The purchase price shall be calculated based on the price as indicated in the purchase order received by Party B, after deducting Party B’s actual costs and reasonable profits.
3.2 Party B shall purchase a minimum amount of 100MW silicon chips or photovoltaic cells from Party A in 2009. Such minimal purchase amount will increase by 15% each year after 2009. Party B shall pay Party A an advance payment of RMB30 million within a week after the effective date of this Agreement.
3.3 Party A agrees to use its best efforts to support Party B’s market expansion and to provide Party B with silicon chips or photovoltaic cells at a preferential price except for special circumstances under which the prices will be subject to further negotiations.
3.4 Party A has subsidiaries/branches in Europe and the United States that engage in research and development as well as sales of photovoltaic products. Party B agrees to assist Party A in obtaining overseas purchase orders and exporting Party A’s products. Both parties will enter into a separate exporting agency agreement for any export of Party A’s products.
3.5 Party A and Party B shall designate a price negotiation team to determine the benchmark purchase price for the following quarters. Such team shall meet at the end of each quarter to determine benchmark purchase price for the coming quarter. The benchmark purchase price for the early part of 2009 shall be determined prior to December 10, 2008 and attached hereto as an exhibit.
Rights and Obligations of Party A and Party B. Ⅰ. Rights and obligations of Party A
1. Party A shall take responsibility for assisting Party B in applying for approval document, registration formalities of tax and related licenses for this project with the costs borne by Party B.
2. Party A shall treat this project as a project attracting foreign investments and funds, and assign staff to assist Party B in handling the formalities needed for applying for and constructing the project, with Party B assuming the responsibilities of providing required documents and bearing incurred expenses.
3. Party A shall actively cooperate with Party B in applying for being an agricultural leading enterprise at the municipal and provincial levels; and conducting CIQ identification; applying for being identified as non-polluted, green and organic agriculture base producing non-polluted, green and organic agricultural products.
4. Party A shall be responsible for coordinating with the village committee of the project land in transferring the land to Party B and conducting relative formalities.
5. Party A shall guarantee the lawful rights and interests of Party B, provide sound investment environment and services, supply convenient conditions to Party B in the project construction and coordinate in tackling all involved civil disputes and other related problems arising from or in connection with the construction and production of this project.
6. Party A shall assist Party B in conducting tax reduction or exemption formalities for agricultural plantation and the trade of agriculture sideline products at local taxation department.
Rights and Obligations of Party A and Party B. 1. Party A shall ensure the ownership of the leased Plant and the legality and integrity of the land use right, Party A shall ensure the usage of the leased Plant by Party B without interference from any third party.
2. Party A shall, within the time limit agreed in the Contract, deliver the Plant to Party B for use.
3. Party A shall ensure the safe use of the Plant and undertake responsibilities of normal repair and management of the Plant. Party A shall also assist Party B in completing the firefighting and other approval and acceptance work during the decoration.
4. Party B shall pay the rent and all other expenses on time as agreed herein.
5. Party B shall properly use and manage the leased Plant and shall not sublease, transfer, or borrow the leased Plant without authorization, provided, however, Party B shall be permitted to sub-lease or assign the lease to its affiliates. Party B shall not use the Plant for illegal activities, harm the public interest, or change the use of the premise without authorization, Party B shall legally operate and carry out fire prevention, safety, environmental protection, health, and other work.
6. Upon the expiration of the Contract, Party B shall ensure the Plant and its ancillary facilities are returned in good condition.
Rights and Obligations of Party A and Party B. 1. Party B may dispatch its representatives to the Boat one month before its delivery and acceptance and its representatives can be on board until the date of delivery, so as to familiarize themselves with the equipment on board. Party B shall be responsible for all the expenses arising from dispatching its representatives on board.
2. At the time of the delivery, Party B has the right to conduct comprehensive inspection on the condition of the Boat. At the time of the delivery, Party A must transfer completely and without compensation all the spare items, spare parts and materials currently on board to Party B. On the day of delivering the Boat, Party A must provide to Party B the list of the spare items, spare parts and materials included in the delivery of the Boat as one of the documents of evidence of the delivery and acceptance.
3. The Boat delivered by Party A must meet the technical indices specified by Domestic CCS Certificate and Introduction of the Boat provided by Party A (see attachment hereto). Party A guarantees that all the equipment on board has been tuned and passed test and is in good condition at the time of delivery and that it will transfer record of relevant specifications and indices to Party B.
4. Party A must complete the Boat's ownership change registration and have the Boat registered under Party B's name within 3 months after the date of delivering the Boat.
5. Party A must provide formal receipt to Party B within 10 days after receiving all the payments for the full price (¥190,696,800.00) of the Boat from Party B.
6. Party B must make payments for the Boat purchasing price on time and in the amount specified herein.
7. Party B must dispatch its representatives to board the Boat at the time of delivery agreed upon by both parties to take the delivery and sign the delivery documents.
8. Delivery of the Boat certificates and documents At the time of delivery, Party A must provide the following documents without compensation:
1). Valid Tilt Testing Report;
2). Certificates and relevant reports issued by China Ship Inspection (CCS)
3). Technical documents that come with the equipment purchased from outside sources and the related quality certificates and manuals.
4). All the diagrams and other technical records for the Boat;
9. The Boat is equipped with the following tubes
1). Name: Rubber floating tubes produced by Jiangsu Danyang Yonghong Ship Rubber Products Co., Ltd.
2). Types and Specifications: 750x1200, 46 pieces 750x1200, ...
Rights and Obligations of Party A and Party B. 1. Party A and Party B shall jointly provide Party C with standardized product and service system and provide Party C with effective business purchase and corresponding operation support.
2. Party A and Party B shall jointly provide Party C with technical support and training within the business scope to help Party C improve its technical ability and broaden its business scope.
3. Party A and Party B shall jointly provide Party C with corresponding after-sales service and system maintenance.
4. Party A and Party B shall have the right to adjust the product service system, price system and operation system according to the market situation and inform Party C of the adjustment information by email or telephone.
5. Party A and Party B shall keep confidential the information clearly indicated by Party C as confidential information.
6. If necessary, Party A and Party B shall provide training for Party C and its developed customers and negotiation shall be conducted as appropriate in case of incurring expense.
7. Party A and Party B only provide system technology services to Party C and its customers. The disputes, claims, losses, tort and liability for breach of contract etc. between Party C and its customers shall be solved by Party C and its customers. Party A and Party B shall not intervene in the disputes, claims, etc. between Party C and its customers and shall not be responsible for any losses of its customers.
