Rights and Obligations of Party B. 8.1 Party B is entitled to use the Leased Units in accordance with the Contract. Party B may set a notable mark on the exit of elevators of the floor of leasing pursuant to the ▇▇▇evant management regulations of the Corporate Squares. The detailed conditions shall be discussed by both Parties. 8.2 Party B shall carry out the business activities in the Leased Units in compliance with laws, regulations and rules of the People's Republic of China and is prohibited to harm Party A's reputation through its activities. 8.3 Party B shall duly make the payments with respect to the rent, property management fee, electricity usage fee and any other charges it shall be responsible for. 8.4 Starting from the Commencement Date, Party B shall purchase insurance for the properties in the Leased Units, including property insurance and third party liability insurance. Otherwise, Party B and not Party A shall be solely responsible for all liabilities and losses. 8.5 Party B shall not alter the purpose of use of the Leased Units without consent in writing from Party A. 8.6 Party B shall not re-lend, sublease, and exchange the Leased Units, in whole or part, to third parties or allow third parties to use the Leased Units by other means, without consent in writing from Party A. 8.7 Party B shall not alter the locking and security system on the gate of the Leased Units without consent in writing from Party A or approval from related departments. 8.8 Party B shall not alter or move the equipment for usage of water and electricity and shall not enlarge the capacities of central air conditioning, without consent in writing from Party A. 8.9 Party B shall take necessary actions to prevent the Leased Units from fires accident or man-made damage. Party B shall immediately notify to Party A with respect to any damage of the Leased Units. Party B shall restore the damaged parts of the Leased Units to their former condition within one month upon receipt of Party A's notice, provided that the damages resulted from negligence by Party B and its employees. If Party B fails to do so timely, Party A has the right to repair the damaged parts. All the expenses thus incurred shall be borne by Party B. 8.10 Party B is entitled to require Party A repairing the Leased Units, and the public facilities and equipment, and repair such based on the original standards by itself if Party A fails to perform the obligation of repairing timely and affects the normal use of such. All the expenses thus incurred shall be borne by Party A. The equipment newly added or improved by Party B shall be repaired by Party B.
Appears in 4 contracts
Sources: Lease Agreement (China Finance Online Co. LTD), Lease Contract (China Finance Online Co. LTD), Lease Contract (China Finance Online Co. LTD)
Rights and Obligations of Party B. 8.1 1. To implement the property service management system and plan for budget and final accounts of property expenditures as authorized (approved) in writing by Party A or provided in this Contract;
2. To require Party A and owners or users of the Property to cooperate with it in its performance of management services;
3. To collect property service fees from the owners and users of the Property;
4. If any owner or user of the Property violates the interest of other owners and the property management company or violates the property management system, Party B is entitled shall have the right to use take measures based on the Leased Units severity of such violation, such as dissuasion, prevention or reporting to the owners committee; such owner or user shall bear legal liability if its action causes damages to Party B or other owners;
5. To urge the owners (or persons obligated to make payment) to pay the property service fees if they fail to pay the property service fees as required, and to file a lawsuit with the court in accordance with law if any of such owners or persons further fails to pay the property service fees after being urged to do so;
6. To hand over the property management right, withdraw from the Property, assist Party A in the handover of property services and subsequent work, and return all materials delivered by Party A for its management or keeping to Party A or another property company selected by Party A upon the termination of this Contract;
7. To properly keep the general completion layouts, as-built drawings of single buildings, structures and equipment, as-built drawings of ancillary facilities and underground pipe network and other completion inspection materials received by Party B;
8. To manage the Property strictly in accordance with the management scope and quality standards set forth in this Contract, to formulate work plans for the performance of property management services and annual management plans, and to establish effective management mechanisms and plans for daily and unexpected situations;
9. To inform owners intending to carry out decoration and renovation of prohibited actions and precautions during such decoration and renovation in advance, and to remind them to accept inspection or testing by the relevant authorities or professional organizations after completion;
10. To announce events and other social activities through mail, telephone and billboard (website);
11. Neither Party shall disclose any information in relation to the Parties’ property management to any third party, whether during the implementation of this Contract or after the termination of this Contract;
12. Without authorization, Party B shall not occupy the shared areas, facilities and equipment in the Property or change the use thereof, and shall not occupy or excavate roads and sites in the Property. If roads and sites in the Property do need to be temporarily occupied or excavated, the relevant procedures shall be completed, and the construction plan shall be formulated, in each case, in accordance with the relevant regulations. Party B shall publicize the construction project in the Property before the commencement of construction works, minimize the effects of construction works on normal order, and promptly restore the relevant roads and sites to their original condition. In emergency situations, Party B may set a notable mark on commence construction works for public interest without going through the exit of elevators of the floor of leasing pursuant to the ▇▇▇evant management regulations of the Corporate Squares. The detailed conditions above procedures; provided, however, that explanations shall be discussed by both Parties.provided afterwards;
8.2 13. If additional facilities and equipment are needed for the Property, Party B shall carry out negotiate with Party A to resolve the business activities problem;
14. To bear liability for, and be responsible for the settlement of, accidents caused by reasons on the part of Party B;
15. To establish a sophisticated property service system, and to solicit advice from Party A regarding the content of such system;
16. Party B shall hire Employees based on the needs of the Property and the budget for the management fees, who shall have the appropriate qualification certificates and sign labor contracts, and shall pay their wages and benefits;
17. Party B shall not assign any of the rights and obligations hereunder to any third party in any manner except with the Leased Units in compliance with written consent of Party A;
18. To have other rights and obligations of Party B under the laws, regulations and rules of the People's Republic of China and is prohibited to harm Party A's reputation through its activitiesPRC or the Management Rules.
8.3 Party B shall duly make the payments with respect to the rent, property management fee, electricity usage fee and any other charges it shall be responsible for.
8.4 Starting from the Commencement Date, Party B shall purchase insurance for the properties in the Leased Units, including property insurance and third party liability insurance. Otherwise, Party B and not Party A shall be solely responsible for all liabilities and losses.
8.5 Party B shall not alter the purpose of use of the Leased Units without consent in writing from Party A.
8.6 Party B shall not re-lend, sublease, and exchange the Leased Units, in whole or part, to third parties or allow third parties to use the Leased Units by other means, without consent in writing from Party A.
8.7 Party B shall not alter the locking and security system on the gate of the Leased Units without consent in writing from Party A or approval from related departments.
8.8 Party B shall not alter or move the equipment for usage of water and electricity and shall not enlarge the capacities of central air conditioning, without consent in writing from Party A.
8.9 Party B shall take necessary actions to prevent the Leased Units from fires accident or man-made damage. Party B shall immediately notify to Party A with respect to any damage of the Leased Units. Party B shall restore the damaged parts of the Leased Units to their former condition within one month upon receipt of Party A's notice, provided that the damages resulted from negligence by Party B and its employees. If Party B fails to do so timely, Party A has the right to repair the damaged parts. All the expenses thus incurred shall be borne by Party B.
8.10 Party B is entitled to require Party A repairing the Leased Units, and the public facilities and equipment, and repair such based on the original standards by itself if Party A fails to perform the obligation of repairing timely and affects the normal use of such. All the expenses thus incurred shall be borne by Party A. The equipment newly added or improved by Party B shall be repaired by Party B.
Appears in 3 contracts
Sources: Premises Lease Contract, Premises Lease Contract (BeiGene, Ltd.), Premises Lease Contract (BeiGene, Ltd.)
Rights and Obligations of Party B. 8.1 7.1 Rights of Party B
7.1.1 Party B is entitled has the right to take over the leased assets on schedule according to the requirement of this Agreement, and to use properly the Leased Units office building (including logistics guarantee and service system and accessory equipment/facilities) during the lease term for the purpose of production and operation.
7.1.2 According to the requirement of this Agreement, Party B has the right to maintain the leased assets as necessary.
7.1.3 During the lease term, Party B enjoys the ownership for the fixed assets which were invested in the leased area for the purpose of production and operation.
7.1.4 Within the term of validity of this Agreement, if Party A transfers the ownership of leased assets, under the same conditions, Party B enjoys the priority in preemption; when the lease term expired, if Party A continues to rent out the leased assets, under the same conditions, Party B enjoys the priority in leasehold.
7.2 Obligations of Party B
7.2.1 Party B should guarantee that, they shall use the leased assets (including logistics guarantee and service system and accessory equipment/facilities) in a reasonable way according to the requirements of this Agreement.
7.2.2 Party B shall pay up the rents of current year before January 31 per year. Party B shall also remit the above rents to the nominated bank account by Party A.
7.2.3 Party B should guarantee that, all kinds of leased facilities are in a good condition, and do not conduct any man-made damage on them.
7.2.4 During the lease term, Party B cannot engage in the activities forbidden by the laws and regulations of People’s Republic of China, cannot carry out any business or activities which are likely to do harm to Party A, and cannot make use of leased assets to carry out any other unlawful activities.
7.2.5 Without the written consent of Party A, Party B cannot sublet the leased assets to other third-party or use together with other third-party on his own authority.
7.2.6 After the lease term expired, if Party A and Party B do not reach the written consent over the extension, Party B should retrocede the leased assets to Party A, except for the leased assets which are lost and damaged resulting from reasonable wear and tear.
7.2.7 After the lease term expired, if Party A and Party B do not reach the written consent over the extension, Party B could transfer the ownership of attached production and operation equipment to Party A, and could require proper compensation from Party A, or Party B could demolish and recover.
7.2.8 The obligations Party B should undertake according to the provisions of other Article in this Agreement.
7.2.9 During the lease term, other obligations which are not expressly provided in this Agreement should be fulfilled by Party B in accordance with the Contract. Party B may set a notable mark on the exit practical situation and principle of elevators of the floor of leasing pursuant to the ▇▇▇evant management regulations of the Corporate Squares. The detailed conditions shall be discussed by both Partieshonesty and credibility.
8.2 Party B shall carry out 7.2.10 Under the business activities in the Leased Units in compliance with laws, regulations and rules of the People's Republic of China and is prohibited to harm Party A's reputation through its activities.
8.3 Party B shall duly make the payments with respect to the rent, property management fee, electricity usage fee and any other charges it shall be responsible for.
8.4 Starting from the Commencement Datesame condition, Party B shall should have the priority to purchase insurance for and use the properties in the Leased Units, including property insurance and third party liability insurance. Otherwise, Party B and not current assets of Party A shall be solely responsible for all liabilities according to the production and lossesoperation.
8.5 Party B shall not alter the purpose of use of the Leased Units without consent in writing from Party A.
8.6 Party B shall not re-lend, sublease, and exchange the Leased Units, in whole or part, to third parties or allow third parties to use the Leased Units by other means, without consent in writing from Party A.
8.7 Party B shall not alter the locking and security system on the gate of the Leased Units without consent in writing from Party A or approval from related departments.
8.8 Party B shall not alter or move the equipment for usage of water and electricity and shall not enlarge the capacities of central air conditioning, without consent in writing from Party A.
8.9 Party B shall take necessary actions to prevent the Leased Units from fires accident or man-made damage. Party B shall immediately notify to Party A with respect to any damage of the Leased Units. Party B shall restore the damaged parts of the Leased Units to their former condition within one month upon receipt of Party A's notice, provided that the damages resulted from negligence by Party B and its employees. If Party B fails to do so timely, Party A has the right to repair the damaged parts. All the expenses thus incurred shall be borne by Party B.
8.10 Party B is entitled to require Party A repairing the Leased Units, and the public facilities and equipment, and repair such based on the original standards by itself if Party A fails to perform the obligation of repairing timely and affects the normal use of such. All the expenses thus incurred shall be borne by Party A. The equipment newly added or improved by Party B shall be repaired by Party B.
Appears in 3 contracts
Sources: Assets Lease Agreement (China Du Kang Co. Ltd.), Assets Lease Agreement (China Du Kang Co. Ltd.), Assets Lease Agreement (China Du Kang Co. Ltd.)
Rights and Obligations of Party B. 8.1 1. Party B is entitled agrees to use provide Party A with sufficient sales support as required by Party A, including product training, accompanying visits, proposal writing, contract negotiation, etc., so as to help Party A better sell products and achieve expected goals. At the Leased Units same time, Party B shall provide Party A with electronic documents such as product introduction, service manuals and training materials for the products hereunder as required. After verification and confirmation by both parties, Party A shall, at its own expense, print the paper promotional materials for the products and put them into use.
2. Party B shall undertake management obligations for its cooperative medical institutions and make them cooperate in accordance with the Contractcooperation mode agreed herein. Party B may set a notable mark on and its medical institutions shall strengthen the exit of elevators identification and management of the floor of leasing pursuant expenses to be borne by customers, and assist Party A to recover the ▇▇▇evant management regulations of the Corporate Squares. The detailed conditions shall be discussed by both Partiesexpenses from customers.
8.2 Party B shall carry out the business activities in the Leased Units in compliance with laws, regulations and rules of the People's Republic of China and is prohibited to harm Party A's reputation through its activities.
8.3 Party B shall duly make the payments with respect to the rent, property management fee, electricity usage fee and any other charges it shall be responsible for.
8.4 Starting from the Commencement Date, Party B shall purchase insurance for the properties in the Leased Units, including property insurance and third party liability insurance. Otherwise, Party B and not Party A shall be solely responsible for all liabilities and losses.
8.5 Party B shall not alter the purpose of use of the Leased Units without consent in writing from Party A.
8.6 Party B shall not re-lend, sublease, and exchange the Leased Units, in whole or part, to third parties or allow third parties to use the Leased Units by other means, without consent in writing from Party A.
8.7 Party B shall not alter the locking and security system on the gate of the Leased Units without consent in writing from Party A or approval from related departments.
8.8 Party B shall not alter or move the equipment for usage of water and electricity and shall not enlarge the capacities of central air conditioning, without consent in writing from Party A.
8.9 Party B shall take necessary actions to prevent the Leased Units from fires accident or man-made damage3. Party B shall immediately notify be responsible for preparing electronic copies of all product-related documents (including but not limited to application for insurance, plan, terms, customer use manual, member direct payment card, application for direct payment of claim amount, claim form, etc.) and providing them to Party A with respect to any damage of the Leased Unitsfor printing and use;
4. Party B shall restore be responsible for the damaged parts development and maintenance of the Leased Units medical service provider network, send the updated list of network service providers to their former condition within one Party A every month upon receipt and disclose it on Party B’s official account;
5. Party B shall provide a 7/24-hour service hotline to provide customers with policy and benefit explanation, medical appointment and other consulting services;
6. Party B shall, in accordance with the insurance liability for specified products, authorize in advance and control the treatment process of Party A's notice, provided that the damages resulted from negligence by insured.
7. Party B and its employeesdesignated claim service personnel shall negotiate with and contact the medical service provider directly, and settle all medical service fees. If Party B fails A receives bills and/or any supporting documents for claims, it shall forward them to do so timely, Party A has the right to repair the damaged parts. All the expenses thus incurred shall be borne by Party B.
8.10 Party B is entitled to require for settlement so that Party A repairing B can settle claims in accordance with the Leased Units, and detailed workflow agreed between the public facilities and equipment, and repair such based on the original standards by itself if Party A fails to perform the obligation of repairing timely and affects the normal use of suchparties.
8. All the expenses thus incurred shall be borne by Party A. The equipment newly added or improved by Party B shall be repaired prepare a claim analysis report after the end of each quarter and communicate with Party A about business development or adjustment direction.
9. Party B shall prudently keep all documents related to claims and underwriting information in accordance with the Regulations on the Management of Business Archives of Financial Enterprises, and forward them to Party A as agreed by both parties.
10. Party B.B shall use its best efforts to reduce the claim amount through negotiation by direct payment agreement, second medical opinions or other means, and inform Party A of such information through the statement of claim or other means.
11. Both parties shall always comply with Chinese laws, regulations, and regulatory provisions of competent industry authorities;
Appears in 2 contracts
Sources: Agreement for Cooperation in Third Party Management Services (Zhibao Technology Inc.), Agreement for Cooperation in Third Party Management Services (Zhibao Technology Inc.)
Rights and Obligations of Party B. 8.1 1. Party B is entitled to use the Leased Units in accordance with the Contract. Party B may set a notable mark on the exit of elevators of the floor of leasing pursuant to the ▇▇▇evant management regulations of the Corporate Squares. The detailed conditions shall be discussed by both Parties.
8.2 2. Party B shall carry out the business activities in the Leased Units in compliance with laws, regulations and rules of the People's Republic of China and is prohibited to harm Party A's reputation through its activities.
8.3 3. Party B shall duly make the payments with respect to the rent, property management fee, electricity usage fee and any other charges it shall be responsible for.
8.4 4. Starting from the Commencement Date, Party B shall purchase insurance for the properties in the Leased Units, including property insurance and third party liability insurance. Otherwise, Party B and not Party A shall be solely responsible for all liabilities and losses.
8.5 5. Party B shall not alter the purpose of use of the Leased Units without consent in writing from Party A.
8.6 6. Party B shall not re-lend, sublease, and exchange the Leased Units, in whole or part, to third parties or allow third parties to use the Leased Units by other means, without consent in writing from Party A.
8.7 7. Party B shall not alter the locking and security system on the gate of the Leased Units without consent in writing from Party A or approval from related departments.
8.8 8. Party B shall not alter or move the equipment for usage of water and electricity and shall not enlarge the capacities of central air conditioning, without consent in writing from Party A.
8.9 9. Party B shall take necessary actions to prevent the Leased Units from fires accident or man-made damage. Party B shall immediately notify to Party A with respect to any damage of the Leased Units. Party B shall restore the damaged parts of the Leased Units to their former condition within one month upon receipt of Party A's notice, provided that the damages resulted from negligence by Party B and its employees. If Party B fails to do so timely, Party A has the right to repair the damaged parts. All the expenses thus incurred shall be borne by Party B.
8.10 Party B is entitled to require Party A repairing the Leased Units, and the public facilities and equipment, and repair such based on the original standards by itself if Party A fails to perform the obligation of repairing timely and affects the normal use of such. All the expenses thus incurred shall be borne by Party A. The equipment newly added or improved by Party B shall be repaired by Party B..
Appears in 2 contracts
Sources: Lease Agreement (China Finance Online Co. LTD), Lease Contract (China Finance Online Co. LTD)
Rights and Obligations of Party B. 8.1 1. Party B is entitled to shall use the Leased Units premises for lawful operation in accordance with the Contractprovisions of this contract, and shall abide by and accept the various management systems and regulations of Party A and the unified management of the property management company, comply with the “decoration management manual” , “Property Owner’s Manual” and the relevant property management code. Party B may set a notable mark on shall be responsible for the exit relevant administrative licensing and approval procedures if party B needs to obtain the permission and approval from the relevant government departments. However, party B shall not engage in P2P financing, second-hand housing transactions, microfinance and other business, business activities of elevators party B shall not affect the image of the floor building and the normal operation of leasing pursuant Party A.
2. Party B shall pay the rent and other expenses in full and on time as stipulated in this contract. Actively cooperate with the work of party a platform, as required to submit relevant information required by party A, and to ensure the legitimacy, authenticity, accuracy, integrity and timeliness of the information provided.
3. Party B shall ensure that its office and business activities conform to the ▇▇▇evant management laws and regulations of the Corporate Squaresstate and local governments. The detailed conditions shall be discussed by both Parties.
8.2 Party B shall carry out bear all the legal responsibility for any complaint or lawsuit caused by Party B’s office or business activities activities. If Party A or the property company is required by the Judicial Department or other administrative departments to take part in the Leased Units in compliance with laws, regulations and rules handling of the People's Republic incident due to party B’s actions or reasons, all the expenses incurred shall be borne by Party B, if the loss of China and reputation or other economic loss is prohibited caused to harm Party A's reputation through its activities.
8.3 Party B shall duly make party A or the payments with respect to the rent, property management fee, electricity usage fee and any other charges it shall be responsible for.
8.4 Starting from the Commencement Datecompany, Party B shall purchase insurance bear the full liability for compensation.
4. ▇▇▇▇▇ B and its personnel shall take care of all public facilities, equipment and property in the office building, and shall not modify any facilities and equipment in the office building without authorization. Party B Shall Bear and compensate all consequences and losses (including all losses suffered by Party A, property management company or other units or individuals) arising from the accidents caused by party B and its personnel.
5. ▇▇▇▇▇ B shall obtain the written consent of Party A and the property management company for any renovation work (including but not limited to the internal division, alteration, installation or replacement of fixtures and fittings) carried out by party B on the premises, and the decoration design and other drawings submitted to party a review, for the properties record. Party B shall be responsible for obtaining the required design and approval from relevant government departments before carrying out the renovation works. All expenses arising from the above actions shall be borne by Party B. Party B shall comply with the property renovation management manual, understand in detail the Leased Unitsmatters needing attention and the prohibition of renovation, and obey the management of the property management company to ensure the safety of renovation, the final result of Fire Report shall be filed with Party A.
6. During the term of the contract, party B shall be responsible for insuring the equipment, facilities, fitment and all kinds of insurance related to party B’s business. Party B shall insure against all risks (including property insurance and third party liability insurance) for the construction works during the renovation period and submit the relevant documents to the property management company for record before the commencement of the renovation. Otherwise, At the same time Party B and not Party A shall be solely responsible take out property insurance for all liabilities and lossesits own property.
8.5 7. Party B shall not alter occupy the purpose of use public area of the Leased Units office building without the written consent in writing from Party A.
8.6 Party of party A and the property management company, and to set, Install, Hang, post any text, Mark or advertisement on any part (including external glass surface, partition board and ground) outside the lease, party B shall not redistribute leaflets, publicity materials or any other materials, articles or solicit customers in or near the center. The placement of Party B’s signboard shall be in accordance with the general-lend, sublease, arrangement instructions of Party A and exchange the Leased Units, in whole or part, to third parties or allow third parties to use the Leased Units by other means, without consent in writing from Party A.property management company.
8.7 Party 8. ▇▇▇▇▇ B shall not alter sublease the locking property under this contract to any third party.
9. During the lease term, party B shall maintain the main body and security system on the gate equipment of the Leased Units without consent in writing from Party A or approval from leased property, undertake the maintenance responsibility and related departments.
8.8 Party B shall not alter or move the equipment for usage of water and electricity and shall not enlarge the capacities of central air conditioning, without consent in writing from Party A.
8.9 Party B shall take necessary actions to prevent the Leased Units from fires accident or man-made damage. Party B shall immediately notify to Party A with respect to any damage expenses of the Leased Units. Party B shall restore self-decoration part and the damaged parts fire fighting and safety facilities of the Leased Units to their former condition within one month upon receipt of Party A's notice, provided that the damages resulted from negligence by Party B and its employeesproperty. If Party B fails causes damage to do so timelythe property and its equipment due to its own reasons, party B shall be responsible for restoring the original condition and compensate party a for the economic losses. If Party A has B damages the right facilities and equipment of the central system of the property (including fire protection, security, air-conditioning, communication, electrical and other systems) , the property management company shall designate professional personnel to repair be responsible for the damaged parts. All maintenance, and the expenses thus incurred shall be borne by Party B.
8.10 10. Party B shall not allow the premises to be used for any improper, immoral, illegal, offensive or insulting purpose, shall not in any way cause unreasonable and serious interference to the public or other clients of the office building, Harm or obstruct their rights, shall not store dangerous goods, shall not use the house for illegal activities, or, if there is entitled to require an illegal act, should Bear Legal Responsibility. Party A repairing B shall collect all the Leased Unitsgarbage and waste in the clean and tidy garbage bin in the designated area of Party A, and the public property management company shall arrange the regular collection and transportation of garbage or waste.
1▇. ▇▇▇▇▇ B shall immediately notify party A and the property management company orally and in writing of any damage, injury to any person in the premises, any fire or accident in the premises or any damage, crack or defect in any water pipe, gas pipe, electric wire, device, instrument or other facilities and equipmentconnected to the premises.
12. Party B shall not allow the premises to be used for residential, overnight or other residential purposes, and repair such based on shall not use other kitchen utensils in the original standards premises for cooking or cooking except for the normal safe use of the microwave oven.
13. Party B shall confirm that party B shall not claim compensation or compensation to party a for the expenses and costs of any decoration and decoration.
14. If the owner transfers or mortgages all or part of the ownership or interest in the House, Party B shall provide the relevant assistance and cooperation obligations upon the request of Party A.
15. If the house falls from a height due to party B and causes casualties or property losses, party B shall be responsible for the settlement and bear all the costs and damages, and Party B shall compensate party A and other subjects for all economic losses (including but not limited to attorney fees, compensation fees and other costs and losses) .
16. as a result of including but not limited to the following accidents due to the fault of party B directly or indirectly caused by itself if party A or property management company or any third person’s personal or property loss, damage, party B shall make compensation and assume full responsibility:
a. Failure or disrepair of any electrical installations, appliances or wiring in the premises;
b. Fire or smoke spreading inside or outside the house;
c. Party B causes the water inside and outside the house to leak or overflow;
d. Party B shall cause damage to any public area of the office building.
e. Any payment incurred by party A as a result of any claim or claim by any third party against Party A as a result of the foregoing, and Party A or property management company due to Party B claims all expenses and expenses incurred by other costs borne by Party B. If Party B fails to perform comply with the obligation relevant provisions of repairing timely this contract and affects has not made any rectification after being notified by party a (in case of emergency, party a does not need to notify) , party A or its employees or agents shall have the normal use of suchright to enter the premises to carry out such repairs or works. All Party B shall bear all the expenses thus incurred arising from such repairs or works. 18 If the contract expires or terminates in advance, party B shall remove all the articles and equipment of party B and return the leased property to its original state, ensuring that the structure of the house is in good condition (except natural wear and tear) and return it to Party A. Otherwise, party A has the right to make corresponding repairs to the house itself, and all expenses and expenses arising therefrom shall be borne by Party A. The equipment newly added B. If Party B fails to complete the handover procedures before the termination or improved by Party expiration of the lease term, party B shall be repaired by Party B.liable for breach of contract in accordance with Article 12 of this contract.
Appears in 2 contracts
Sources: Lease Agreement (Building DreamStar Technology Inc.), Lease Agreement (Building DreamStar Technology Inc.)
Rights and Obligations of Party B. 8.1 Party B is entitled to use (a) As the Leased Units in accordance with the Contract. Party B may set a notable mark on the exit of elevators of the floor of leasing pursuant to the ▇▇▇evant management regulations of the Corporate Squares. The detailed conditions shall be discussed by both Parties.
8.2 Party B shall carry out the business activities in the Leased Units in compliance with laws, regulations and rules of the People's Republic of China and is prohibited to harm Party A's reputation through its activities.
8.3 Party B shall duly make the payments with respect to the rent, property management fee, electricity usage fee and any other charges it shall be responsible for.
8.4 Starting from the Commencement Datelender hereunder, Party B shall purchase insurance for enjoy all rights and interests as a lender and shall undertake all obligations, responsibilities and risks as a lender.
(b) Party B shall independently review the properties feasibility, legitimacy and compliance of the loan project, and the credit status, repayment ability and performance ability of Party A and/or the guarantor, make its own independent judgment and independently undertake the risk of the loan not being repaid in full and on time.
(c) After withdrawal of the Leased Units, including property insurance and third party liability insurance. Otherwiseentrusted loan, Party B shall continuously supervise the use of the loan by Party A, pay constant attention to Party A’s operation, financial situation and repayment ability, and take appropriate measures in time when any circumstances of Party that may affect the realization of Party B’s claims occurs. Party B understands and agrees that Party C shall not have the abovementioned obligations.
(d) Whether Party A repays the principal and interest of the loan, whether there is a breach of agreement or illegal act, or whether the loan relationship is valid or not, it shall be solely responsible for all liabilities and lossesnot affect Party B’s obligations to Party C hereunder.
8.5 (e) Party B shall not alter have the purpose of right to inspect and supervise the use of the Leased Units without consent in writing from loan by Party A.A, to require Party A to provide financial and accounting information and production and operation information, and keep the above-mentioned information confidential, except as otherwise required by laws, regulations or competent authorities.
8.6 (f) Upon maturity of the entrusted loan, Party B shall not re-lendpromptly collect the loan, sublease, and exchange the Leased Units, in whole or part, to third parties or allow third parties to use the Leased Units by other means, without consent in writing from Party A.
8.7 Party B shall not alter the locking and security system on the gate of the Leased Units without consent in writing from file a lawsuit against Party A or approval from related departments.
8.8 Party B shall not alter or move and the equipment guarantor, apply for usage of water execution, declare bankruptcy claims and electricity take other relief measures permitted by law, and shall not enlarge demand Party C to undertake the capacities of central air conditioning, without consent liabilities on the grounds that Party C is obliged to assist in writing from Party A.
8.9 Party B shall take necessary actions to prevent the Leased Units from fires accident or man-made damage. Party B shall immediately notify to Party A with respect to any damage collection of the Leased Units. Party B shall restore the damaged parts of the Leased Units to their former condition within one month upon receipt of Party A's notice, provided that the damages resulted from negligence loan.
(g) The instructions given by Party B and its employees. If to Party B fails to do so C shall be timely, clear, complete, consistent and complies with laws and the provisions of this agreement, otherwise Party A has C shall have the right to repair refuse to carry out the damaged parts. All instructions, and the expenses thus incurred consequences arising therefrom shall be borne by Party B.
8.10 B. Party B is entitled shall bear all legal consequences for any act performed by Party C according to Party B’s instructions.
(h) Party B shall not require Party A repairing C to issue any form of deposit certificate for the Leased Unitsentrusted funds. Even if Party C issues any form of deposit certificate to Party B for the entrusted funds, Party B shall not transfer, pledge or carry out any other disposition to the deposit certificate, and shall return the public facilities and equipment, and repair such above-mentioned deposit certificate to Party C before Party C provide the entrusted loan to Party A. Party B shall not require Party C to pay or undertake any legal liability based on the original standards by itself if Party A fails to perform the obligation deposit certificate.
(i) Other rights and obligations of repairing timely and affects the normal use of such. All the expenses thus incurred shall be borne by Party A. The equipment newly added or improved by Party B shall be repaired by Party B.agreed herein
Appears in 2 contracts
Sources: Entrusted Loan Agreement (Youdao, Inc.), Entrusted Loan Agreement (Youdao, Inc.)
Rights and Obligations of Party B. 8.1 Throughout the Lease Term, Party B is entitled shall have the following rights and undertake to use comply with and perform the Leased Units following provisions and obligations:
8.1 [Make timely payment] To pay the rent, the park management service fee and other fees under this Contract within the time limit agreed in accordance with the this Contract. Party B may set a notable mark on the exit of elevators of the floor of leasing pursuant to the ▇▇▇evant management regulations of the Corporate Squares. The detailed conditions shall be discussed by both Parties.
8.2 [legal compliance] Party B shall carry out the business activities in the Leased Units strictly in compliance with laws, the laws and regulations and rules of the People's ’s Republic of China and is prohibited China. Party B shall not conduct any illegal activities or other activities that may cause damage or hindrance to harm Party A's reputation through its activitiesA or other parties in the leased Unit.
8.3 [Compliance with the Contract] Party B shall duly make comply with the payments terms and conditions of this Contract and the provisions of the Client Manual and the Decoration Manual and cooperate with respect to Party A and Party A’s management of the rent, property management fee, electricity usage fee and any other charges it shall be responsible forPark.
8.4 Starting from [Use of Public Areas] In accordance with the Commencement Datemanagement regulations of the Park, Party B shall purchase insurance for have the properties in right to use the Leased Units, including property insurance public areas and third party liability insurancefacilities of the Park on equal basis with others. OtherwiseMeanwhile, Party B shall have the liability to keep the leased Unit and not Party A shall be solely responsible public area in clean conditions and the equipment and facilities in good condition. In case of damages caused to the leased Unit or the equipment and facilities in the common area (except for all liabilities normal wear and losses.
8.5 tear and force majeure), Party B shall not alter repair or replace the purpose same within a specified time as required by Party A. In case of use of the Leased Units without consent in writing from repair or replacement by Party A.
8.6 A, Party B shall not re-lend, sublease, and exchange bear the Leased Units, in whole or part, to third parties or allow third parties to use the Leased Units by other means, without consent in writing from Party A.
8.7 Party B shall not alter the locking and security system on the gate of the Leased Units without consent in writing from Party A or approval from related departments.
8.8 Party B shall not alter or move the equipment for usage of water and electricity and shall not enlarge the capacities of central air conditioning, without consent in writing from Party A.
8.9 Party B shall take necessary actions to prevent the Leased Units from fires accident or man-made damageexpenses. Party B shall immediately notify to actively cooperate with Party A with respect to any damage in the inspection and maintenance of the Leased Unitsleased Unit. Party B shall restore be liable for compensation for any personal and property damage caused to Party A or a third party due to the damaged parts delay of maintenance of the Leased Units to their former condition within one month upon receipt of Party A's notice, provided that the damages resulted from negligence by Party B Park. 九思成投资管理(北京)有限公司 北京市西城区西什库大街 31 号院九思文创园
8.5 [Decoration and its employees. If Party B fails to do so timely, Party A has the right to repair the damaged parts. All the expenses thus incurred shall be borne by Party B.
8.10 Party B is entitled to require Party A repairing the Leased Units, Alterations] Any decorations and the public facilities and equipment, and repair such based on the original standards by itself if Party A fails to perform the obligation of repairing timely and affects the normal use of such. All the expenses thus incurred shall be borne by Party A. The equipment newly added or improved alterations made by Party B shall be repaired carried out after the written consent from Party A. If government approval is required in advance, Party B shall go through the relevant examination and approval procedures. Without the written consent of Party A and Party A, Party B shall not occupy or alter any areas other than the leased Unit.
8.6 [Liabilities of Accidents] Party B shall promptly notify Party A in writing any personal injury or death occurring to the leased Unit and any damage to the leased Unit. In the event of fire alarm or other accident, in addition to immediately calling the police and taking necessary measures, Party B shall also inform Party A. Party B shall bear the liabilities and economic compensation in accordance with its fault and bear the liabilities and economic compensation for any personal injury or death and/or property loss or damage caused by any activity or accident occurring in the leased Unit.
8.7 [Responsibilities of Fire Control, Security and Public Security] Party B shall bear the responsibilities of fire control, security and public security in the leased Unit.
8.8 [No Open Fire] Party B shall not use natural gas or open fire in the leased Unit.
8.9 [Responsibilities of Party B’s people] Any act conducted by Party B.B’s employees, invitees or visitors in the leased Unit shall be deemed as Party B’s own acts and Party B shall be fully liable to Party A.
8.10 [No Sublease or assignment] Party B shall not sublease or assign the leased Unit in whole or in part to any third party or use the Unit jointly with any third party, unless otherwise agreed upon by the Parties.
8.11 Party B shall provide Party A with the licenses, approvals or permits issued by the relevant government authorities which are valid during the lease term. Party B shall not use the leased Unit for purposes other than the lease purpose, otherwise Party B shall bear all the liabilities and consequences arising therefrom. Upon the expiration or replacement of Party B’s valid license, approval or permit, Party B shall make documentation to Party A in a timely manner. Party B shall carry out the cultural and creative industry project strictly in accordance with the scope specified in the Classification Form of Beijing Cultural and Creative Industries; otherwise, Party B shall bear all the liabilities and consequences arising therefrom. Party B shall actively cooperate with Party A in providing Party A with relevant materials and information required by the Premises.
8.12 [Insurance Recommended] Party A advises Party B to procure insurance from an insurance company with good reputation for its properties, articles, furnishings and decorations in the leased Unit at its own expense so as to reduce risks and increase protection.
8.13 [Neighboring Relationship] If the activities of another office unit adjacent to Party B violate the law or interfere with its normal business activities, Party B shall have the right to make a complaint to Party A or the property management company, and Party A or its agents shall provide assistance in resolving such complaint.
8.14 Party B shall check the equipment and facilities of the leased Unit with Party A before entering the site for decoration. Party B shall be allowed to enter the site for construction only after being confirmed and signed by both parties. 九思成投资管理(北京)有限公司 北京市西城区西什库大街 31 号院九思文创园
8.15 Party B shall obtain the relevant licenses and permits for operation in compliance with the provisions of the administrative authorities for industry and commerce, tax and other administrative authorities in Xicheng District (where Jiusi Cultural Creative Park is located), otherwise Party B shall bear corresponding liabilities. Party A may cooperate in providing relevant materials for the valid registered address that may be used as offices within Jiusi Cultural Creative Park, at Party B ‘s cost.
8.16 After the execution of this Contract, Party B shall also comply with the relevant regulations of the Client Manual and Decoration Manual formulated by Party A.
Appears in 2 contracts
Sources: Lease Contract (Yubo International Biotech LTD), Lease Contract (Yubo International Biotech LTD)
Rights and Obligations of Party B. 8.1 3.1 Any and all the business management rules, cooperative management rules, credit management rules, customer service management rules, verification rules and information service standards and the revision thereof (specifically subject to the rules or standards released by Party A in its management system) made by Party A from time to time during the cooperative period shall be operated as annexes to this Agreement, and Party B acknowledges the foregoing and undertakes to comply with all the requirements in providing the game service hereunder.
3.2 Party B shall provide Party A the valid and true copies of the telecommunication and information services operation permit, telecommunication value-added service license, business license, other licenses/permits, the letter of credit, information sources, bank account and other documents required for the normal operation of Party B, and Party B shall ensure that the provided service fees comply with the relevant regulations released by the state pricing authorities.
3.3 Party B must abide by Chinese laws, regulations and policies regarding the telecommunications and internet information services, and undertakes that the contents provided will not violate relevant Chinese laws, regulations and policies, and will not damage the legitimate rights & interests of third parties and public interests, and it will not spread any unlawful information through the system of Party A, otherwise it shall be liable for any and all the consequences arising therefrom. Party B must be in position to filter the information provided by the customers, such as the chat records, and preclude all unhealthy and unlawful information. Party B shall be responsible for dealing with all the complaints arising therefrom and assume all the economic and legal liabilities. If Party A suffers any economic loss, or goodwill loss, it shall have the right to claim indemnifications against Party B.
3.4 Party B must abide by the relevant laws in providing the game services hereunder, and shall possess any and all the government permits, production and/or use licenses and/or authorizations, and the service provided by Party B shall have a lawful and authentic source, and it shall not infringe upon or otherwise use without due authorizations, the IPRs of any third party, such as copyrights of the third party or other lawful rights. If due to the game services of Party B, Party A is complained, prosecuted or otherwise claimed by any third party alleging the suspected infringemenmet, Party A shall be entitled to suspend the business under suspected infringement, and transfer the disputes to Party B, and Party B shall communicate immediately with the complaining or claiming party to solve the disputes and be liable for all legal and economic liabilities. If Party A suffers economic loss or goodwill loss, it shall have the right to claim indemnifications against Party B.
3.5 During the cooperation period, Party B shall not, without the prior written consent of Party A, take advantage of various channels to realize connection or connection in disguised form between the mobile data applications business of Party A and third parties.
3.6 Party B shall actively coordinate with the interface test of Party A, and undertakes to provide the service strictly according to the business standards and interface technology specifications of Party A.
3.7 Party B shall submit in a clear and unambiguous manner all the documents required for the normal provision of the business hereunder, and assume all the economic and legal liabilities.
3.8 Party B undertakes to log on daily the management system specified by Party A to receive all the notices, announcements and other information, and make a timely response, failing which, Party B shall be wholly liable for all the losses arising therefrom.
3.9 Under the guide of Party A, Party B shall have the discretion to decide whether to charge the service or decide the specific charging standards; the service standards for a single game shall not be higher than that set by Party A in its game business management rules.
3.10 Party B shall comply with and implement the management rules, customer service standards and documents of Party A regarding the game business of Party A, and shall be subject to the inspection and supervision of Party A. Regardless of the reasons of withdrawal from game service (including forceful withdrawal resulting from the survival-of-the-fittest appraisal of Party B), Party B is obliged to provide a one-month buffer period for its withdrawal (including forced withdrawal in the test of Party A) during which Party B shall continue to provide services to the customers, and shall make a pubic announcement to the customers as to the intended termination of the game services at a prominent position of its WAP/WWW sites or by other influential channels, and then inform the registered customers via free mobile messages. Upon the termination of this cooperation, Party B shall continue to actively coordinate with China Mobile in respect of the relevant customer-related services; Party B shall still be liable for the responsibilities during the cooperative period arising from the acts of Party B.
3.11 Party B shall make available a customer service channel for 7×24 hours, establish an effective complaining channel that could effectively deal with the customer enquiries and solve the customer complaints that are not caused as a result of the network communication breakdown of Party A. If Party A receives any of the above complaints, Party B shall make an initial reply to the customer service department of Part A within two (2) hours and identify the specific causes for that within one (1) working day, and stop the further spread of the unlawful information. If Party A and Party B could not make a reasonable explanation as to the customer complaints, Party B shall be the final resolving party to effectively deal with and resolve the complaints of the customers.
3.12 If the customer refuses to pay the information service fee of Party B or Party A need to firstly refund the service fee already paid by the customer due to the service quality of Party B or the service rate above the standards set by the pricing authorities, Party A may have it deducted from the information service fee payable to Party B, if insufficient to deduct, Party B shall separately pay the balance to Party A.
3.13 Party A shall actively do market promotion and advertising work. Party B shall mark the “China Mobile Game” brand and the UI standards in its promotion and advertising materials according to the relevant requirements of Party A.
3.14 Party B undertakes that it has the lawful ownership as to any of the products and information provided hereunder, or obtained the necessary authorization to license Party A to use the same according to this Agreement, and undertakes that the products and information provided by Party B hereunder does not infringe upon the legitimate rights and interests of any third party, including but not limited to the copyright, right of reputation, portraiture right, etc., it is free from any copyright disputes and it has not violated and will not violate any laws and regulations, and Party B is entitled to use authorize Party A to disseminate it via the Leased Units in accordance information network.
3.15 If any third party lodges any administrative complaints, brings any legal proceedings or submits for arbitration against Party B, alleging that Party B has no disposal right to any of the cooperative products or information hereunder or the authorization of Party B has legal defects, Party A may as appropriate take any of the following remedies jointly or selectively:
3.15.1 Terminate the sharing with Party B of distributable earnings under this Agreement, with the Contract. amount not exceeding what the third party claimed;
3.15.2 Require Party B may set to solve such disputes at its own expenses, and Party B shall, as required by Party A, request the appropriate dispute resolving authorities to add Party A as a notable mark on the exit of elevators of the floor of leasing pursuant to the ▇▇▇evant management regulations of the Corporate Squares. The detailed conditions shall be discussed by both Partiesthird party in such proceedings.
8.2 Party B shall carry out 3.15.3 Terminate this Agreement in part or in whole. If the business activities in above remedies are insufficient to avoid the Leased Units in compliance with laws, regulations and rules loss of the People's Republic of China and is prohibited to harm Party A's reputation through its activities.
8.3 , as requested by Party B shall duly make the payments with respect to the rent, property management fee, electricity usage fee and any other charges it shall be responsible for.
8.4 Starting from the Commencement DateA, Party B shall purchase insurance timely and fully indemnify Party A and hold Party A harmless from or against any and all the losses incurred by Party A, including but not limited to the advances already paid by Party A to Party B, and/or the economic loss accrued during the termination of the business hereunder, the attorney’s fee, court fee and arbitration fee as paid by Party A for the properties purposes of resolving the disputes.
3.16 Party B, if having no qualifications as required for the operation of network businesses, shall not in any manner whatsoever provide the Leased Unitsservice access approach to the customers via the internet during cooperation, including property insurance but not limited to the business ordering and third party liability insuranceon-demand services. OtherwiseMeanwhile, Party B and not Party A shall be solely responsible for all liabilities and losses.
8.5 Party B it shall not alter conduct any advertising work for the purpose of use of the Leased Units without consent in writing from Party A.
8.6 Party B shall not re-lend, sublease, and exchange the Leased Units, in whole or part, to third parties or allow third parties to use the Leased Units by other means, without consent in writing from Party A.
8.7 Party B shall not alter the locking and security system cooperative business hereunder on the gate of website that has not procured the Leased Units without consent in writing from Party A or approval from related departments.
8.8 Party B shall not alter or move the equipment for usage of water telecommunications and electricity and shall not enlarge the capacities of central air conditioning, without consent in writing from Party A.
8.9 Party B shall take necessary actions to prevent the Leased Units from fires accident or man-made damage. Party B shall immediately notify to Party A with respect to any damage of the Leased Units. Party B shall restore the damaged parts of the Leased Units to their former condition within one month upon receipt of Party A's notice, provided that the damages resulted from negligence by Party B and its employeesinformation business operation permit. If Party B fails to do so timelyin breach of this clause during the cooperative period, Party A has the right to repair the damaged parts. All the expenses thus incurred shall be borne by Party B.
8.10 Party B is entitled to require Party A repairing the Leased Units, and the public facilities and equipment, and repair such based on the original standards by itself if Party A fails to perform the obligation of repairing timely and affects the normal use of such. All the expenses thus incurred shall be borne by Party A. The equipment newly added or improved by Party B shall be repaired by Party B.solely and wholly liable therefor.
Appears in 2 contracts
Sources: Cooperative Agreement, Technical Service Contract (Kongzhong Corp)
Rights and Obligations of Party B. 8.1 1. With respect to the accumulated inventories due to slow sale, if they are directly ordered from Party A, Party B is entitled to use may apply for return or exchange and Party A shall accept such return or exchange after inspecting and confirming the Leased Units in accordance with returned or exchanged goods. The relevant payment may be refunded directly or used as the Contractpayment for the future purchase or exchange.
2. Party B may set a notable mark on submit promotion and publicity plans to Party A in accordance with local market condition, and jointly promote the exit of elevators of the floor of leasing pursuant products and expand local market with Party A. With respect to the ▇▇▇evant management regulations of plans approved by Party A, Party B may receive reimbursement covering the Corporate Squares. The detailed conditions shall be discussed by both Partiescorresponding expenses and other supports.
8.2 3. Party B warrants that it shall not infringe Party A’s rights to the products, nor shall it infringe the copyrights and rights to trademark associating with the products.
4. Party B shall carry out comply with the business activities in the Leased Units in compliance with laws, regulations price set forth by Party A. The advertising and rules final price of the People's Republic of China and is prohibited to harm distributed products shall be in line with those set forth by Party A's reputation through its activities.
8.3 ; Party B shall duly make not destroy the payments with respect to the rent, property management fee, electricity usage fee and price system of Party A in any other charges it shall be responsible for.
8.4 Starting from the Commencement Dateforms; if an adjustment is necessary, Party B shall purchase insurance obtain the consent from Party A.
5. Party B shall be responsible for the properties services provided to the final customers during the whole process of sale, safeguard legal interests of its customers, report true and accurate feedback regarding the market condition in a timely manner without any fraudulent or misleading conducts, and shall make efforts to maintain the Leased Units, including property insurance product reputation and third party liability insurancecorporate image of Party A.
6. Otherwise, Party B shall promptly notify Party A of infringements and not pirate activities that may damage Party A’s interest, and shall assist Party A in preventing such activities, collecting evidence and investigation, and shall also assist Party A in claiming against the infringing parties.
7. Party B shall promptly report to Party A without delay the sale condition, customer information, product quality and customer feedbacks in connection with Party A’s products.
8. The information of the market, price, agency rules and other information in connection with the products provided by the Party A shall be solely responsible for all liabilities and losses.
8.5 Party B shall not alter the purpose of use of the Leased Units without consent in writing from Party A.
8.6 Party B shall not re-lendstrictly kept confidential, sublease, and exchange the Leased Units, in whole or part, to third parties or allow third parties to use the Leased Units by other means, without consent in writing from Party A.
8.7 Party B shall not alter the locking and security system on the gate of the Leased Units without consent in writing from Party A or approval from related departments.
8.8 Party B shall not alter or move the equipment for usage of water and electricity and shall not enlarge the capacities of central air conditioning, without consent in writing from Party A.
8.9 Party B shall take necessary actions to prevent the Leased Units from fires accident or man-made damage. Party B shall immediately notify to Party A with respect be disclosed to any damage of the Leased Units. Party B shall restore the damaged parts of the Leased Units to their former condition within one month upon receipt of Party A's notice, provided that the damages resulted from negligence by Party B and its employees. If Party B fails to do so timely, Party A has the right to repair the damaged parts. All the expenses thus incurred shall be borne by Party B.
8.10 Party B is entitled to require Party A repairing the Leased Units, and the public facilities and equipment, and repair such based on the original standards by itself if Party A fails to perform the obligation of repairing timely and affects the normal use of such. All the expenses thus incurred shall be borne by Party A. The equipment newly added or improved by Party B shall be repaired by Party B.third parties.
Appears in 2 contracts
Sources: Software Sales Agreement (New Oriental Education & Technology Group Inc.), Software Sales Agreement (New Oriental Education & Technology Group Inc.)
Rights and Obligations of Party B. 8.1 1. Rights of Party B
1) If Party B is entitled intends to use renew the Leased Units in accordance with lease upon the expiration of this Contract. Party B may set a notable mark on the exit of elevators of the floor of leasing pursuant to the ▇▇▇evant management regulations of the Corporate Squares. The detailed conditions shall be discussed by both Parties.
8.2 Party B shall carry out the business activities in the Leased Units in compliance with laws, regulations and rules of the People's Republic of China and is prohibited to harm Party A's reputation through its activities.
8.3 Party B shall duly make the payments with respect to the rent, property management fee, electricity usage fee and any other charges it shall be responsible for.
8.4 Starting from the Commencement Date, Party B shall purchase insurance for the properties in the Leased Units, including property insurance and third party liability insurance. Otherwise, Party B and not Party A shall be solely responsible for all liabilities and losses.
8.5 Party B shall not alter the purpose of use of the Leased Units without consent in writing from Party A.
8.6 Party B shall not re-lend, sublease, and exchange the Leased Units, in whole or part, to third parties or allow third parties to use the Leased Units by other means, without consent in writing from Party A.
8.7 Party B shall not alter the locking and security system on the gate of the Leased Units without consent in writing from Party A or approval from related departments.
8.8 Party B shall not alter or move the equipment for usage of water and electricity and shall not enlarge the capacities of central air conditioning, without consent in writing from Party A.
8.9 Party B shall take necessary actions to prevent the Leased Units from fires accident or man-made damage. Party B shall immediately notify submit a written application to Party A with respect three months prior to any damage the expiration of the Leased Unitsthis Contract. Party B Approval or not shall restore the damaged parts of the Leased Units to their former condition within one month upon receipt of be at Party A's notice, provided that the damages resulted from negligence by Party B and its employees’s discretion. If Party B fails to do so timelyso, Party A has shall deem Party B to have waived its right of renewal.
2) Party B shall have the right to repair lawfully and reasonably use the damaged partsPremises and the public facilities of the building as stipulated herein during the term of this Contract.
3) Party B shall have the right to give reasonable suggestions and advice to the property management company for the services provided during the term of this Contract. If the property management company fails to deal with such suggestions and opinions in a timely manner, Party B may complain to Party A directly.
2. Obligations of Party B
1) During the lease term, Party B shall use the Premises and relevant facilities and equipment in accordance with the purpose as agreed in this Contract. It shall not damage or destroy such Premises or relevant facilities or equipment, failing which it shall be liable for compensation at their original prices.
2) Party B shall ensure that any work to be carried out in the park and the use of the Premises are free of noise and pollution and in compliance with national and Shenzhen environmental protection provisions.
3) Party B shall pay the monthly rent, basic air-conditioning fees, public facilities fees, water and power charges, air-conditioning maintenance fees, special maintenance fees, property management fees and other fees payable under this Contract in a timely manner.
4) Party B shall accept and cooperate with the property management company in connection with the normal maintenance and management of the Premises and ancillary equipment and gardens.
5) During the lease term, with the written consent of Party A, Party B may renovate the Premises in accordance with the renovation plan approved by the property management company. Party B shall go through renovation procedures as required by the property management company, and ensure that fire protection, environment protection and production safety meet relevant requirements after the renovation, failing which Party B shall assume all liabilities and losses arising therefrom and compensate Party A for all losses incurred thereby. During the renovation and possession period, Party B shall carry out construction strictly in compliance with the Renovation Guide and Management Rules of the property management company of Kexing Science Park. It shall not change the main architectural structure, the load-bearing structure or the purpose of the Premises unilaterally, nor shall it violate the applicable PRC and Shenzhen laws and regulations and the provisions of environmental protection department, fire protection department and other competent authorities.
6) If Party B intends to increase the power capacity of the Premises, it shall submit to Party A a written application and relevant materials. Construction may only be carried out after the consent of Party A is obtained. All fees arising from such electricity power capacity increase and the expenses thus incurred basic monthly power charges shall be borne by Party B.B. Given that the power capacity increase is purely a unilateral demand of Party B, the equipment for such power capacity increase shall belong to Party A without any charge upon the expiration or early termination of this Contract.
8.10 7) Without the written consent of Party A, Party B is entitled to require shall not sublet the Premises.
8) Without the written consent of Party A, Party B shall not erect any buildings or place any items affecting the appearance of the Premises on the platform.
9) During the lease term, Party B and its employees and visitors shall take care of their own properties and personal safety. In case of any property damage, losses by theft, personal injury or accident, Party A repairing is not liable for any liabilities or fees.
10) The premises with decorations shall be delivered on an “as-it-is” basis. During the Leased Unitsterm of this Contract, Party B shall assume the obligations and bear the fees for the internal maintenance of the Premises (including the quality issues of the existing decorations when Party B leases the Premises).
11) Upon the expiration or early termination of this Contract pursuant to the agreement of both parties or as required by law, Party B can remove all removable furniture and electronic appliance in the Premises; provided, however, that all fixtures in the Premises shall belong to Party A for free who is not required to make any compensation to Party B, and Party B shall not dismantle or intentionally destroy such fixtures, failing which it shall be responsible for compensation. The fixtures refer to all decorations and relevant equipment and facilities in the public facilities Premises other than the office furniture and equipmentelectronic appliances that are purchased by Party B and can be removed without being dismantled, including but not limited to:
a. The reception desk, ceilings, separation walls, doors and windows, curtains, floors and carpets, illumination and signal coverage in connection with the fixtures shall be maintained on an “as-it-is” basis.
b. When dismantling televisions, telephones, sockets and networks, their routes must be maintained as they can be used again, and repair such based on relevant safety protection measures must be taken.
c. Smoke detectors, alarm bells, manual fire alarm buttons, fire broadcasts, fire sprinklers, fire hydrants, emergency lights and relevant fire protection equipment and facilities shall not be damaged or dismantled.
d. Fan coil units, new fans and other air-conditioning related equipment and facilities shall not be damaged or dismantled.
e. The landscape lightening equipment of the original standards building shall not be damaged or dismantled.
f. Other decorations and relevant equipment and facilities in the Premises shall not be damaged or dismantled.
12) To ensure the fire safety of the whole building, the fire system installed by itself if Party A fails to perform B in the obligation course of repairing timely and affects the normal use of such. All the expenses thus incurred second renovation shall be borne by Party A. The equipment newly added or improved by connected to the fire system of the building. Party B shall be repaired by Party B.responsible for going through the relevant approval procedures with the competent authority for its fire system installed in the course of the second renovation of the Premises and bear all relevant fees incurred therefrom, and shall obtain the fire safety certificate from the local fire authority. Air-conditioning fan coil units shall use the products of York or Trane; air-conditioning controllers shall use the products of York or Trane.
Appears in 2 contracts
Sources: Lease Contract (iDreamSky Technology LTD), Lease Contract (iDreamSky Technology LTD)
Rights and Obligations of Party B. 8.1 7-1 Party B shall pay the rent according to this contract. Party B is entitled to use the Leased Units in accordance with the Contract. Party B may set a notable mark on the exit of elevators of the floor of leasing pursuant to the ▇▇▇evant management regulations of the Corporate Squares. The detailed conditions shall be discussed by both Partiesresponsible for declaring and paying various taxes and fees arising from its operations.
8.2 Party B shall carry out the business activities in the Leased Units in compliance with laws, regulations and rules of the People's Republic of China and is prohibited to harm Party A's reputation through its activities.
8.3 Party B shall duly make the payments with respect to the rent, property management fee, electricity usage fee and any other charges it shall be responsible for.
8.4 Starting from the Commencement Date, Party B shall purchase insurance for the properties in the Leased Units, including property insurance and third party liability insurance. Otherwise, Party B and not Party A shall be solely responsible for all liabilities and losses.
8.5 7-2 Party B shall not alter use the purpose of use property for illegal activities. Its business activities must not exceed the scope specified in its business license and shall be within the legal scope of the Leased Units lease purpose, without consent in writing interference from Party A.
8.6 7-3 If Party B shall not re-lendwishes to sublet, sublease, and exchange the Leased Units, in whole or part, to third parties or allow third parties to use the Leased Units by other means, without consent in writing from Party A.
8.7 Party B shall not alter the locking and security system on the gate of the Leased Units without consent in writing from Party A or approval from related departments.
8.8 Party B shall not alter or move the equipment for usage of water and electricity and shall not enlarge the capacities of central air conditioning, without consent in writing from Party A.
8.9 Party B shall take necessary actions to prevent the Leased Units from fires accident or man-made damage. Party B shall immediately notify to Party A with respect to any damage of the Leased Units. Party B shall restore the damaged parts of the Leased Units to their former condition within one month upon receipt of it must obtain Party A's notice, provided that the damages resulted from negligence by Party B and its employees’s written consent. If Party B fails to do so timelysublets without Party A’s consent, Party A has the right to unilaterally terminate the lease contract, pursue Party B’s breach of contract liability, and stop providing utilities, taking necessary measures to reclaim the leased property. The property and belongings within will be considered abandoned by Party B, and Party A has the right to dispose of them, with any resulting losses borne by Party B. Party B only has the right to use the rented property, not ownership, and shall not provide guarantees or other forms of collateral.
7-4 During the lease period, Party B shall bear the costs of water, electricity, gas, air conditioning, communication, equipment, and other expenses incurred by its use of the leased property, calculated based on independently installed meters and government standards (and the public share of property consumption).
7-5 During the lease period, Party B shall comply with the unified property management of the property management company appointed by Party A and bear the property management fees (including: water, electricity, central air conditioning consumption (if any), cleaning, security, gardening, garbage disposal, and housing management fees for public areas).
7-6 Party B must take care of the property equipment. During the lease term, if the rented property equipment is damaged, Party B must bear the responsibility for repair or compensation.
7-7 Party B is responsible for the damaged partssafety of personal and property within the leased property during the lease term. All Any accidents occurring within the expenses thus incurred leased property, including but not limited to brawls, fires, smoke, water leakage, or any material spills causing personal injury or property damage, shall be borne by Party B.B, except when it is proven that the damage is caused by the inherent nature of the leased property itself.
8.10 7-8 Party B is entitled to require Party A repairing shall not install air conditioning or other facilities on the Leased Unitsexterior façade of the leased property, and shall not engage in actions that damage the public facilities and equipmentbuilding’s external appearance, including but not limited to marble, glass curtain walls, and repair such based air conditioning louvres.
7-9 If the property is located on a street or road, Party B must maintain the sanitation in front of the property, and must not litter or dispose of household or kitchen waste improperly.
7-10 The design and installation of signage on the original standards by itself if Party A fails to perform the obligation of repairing timely and affects the normal use of such. All the expenses thus incurred shall be borne by Party A. The equipment newly added or improved property by Party B shall must be repaired approved in writing by Party B.A and must be approved by relevant government departments.
Appears in 2 contracts
Sources: Lease Agreement (MaxsMaking Inc.), Lease Agreement (MaxsMaking Inc.)
Rights and Obligations of Party B. 8.1 7.1. Party B is entitled to shall not sublease, transfer or lend the premises without authorization, and shall not use the Leased Units premises for non-office purposes (warehouse, dormitory, etc.,);
7.2. Party B shall not use the leased premises to carry out illegal activities and harm the public interest;
7.3. Party B shall ensure compliance with the Interim Provisions on Park Management, the Interim Provisions on Renovation Management and other relevant management provisions formulated by Party A, which shall be attached to this Contract. Party B shall confirm receipt of them, read them carefully, and undertake to comply with the relevant provisions.
7.4. If Party B renovates the premises for business purposes, it shall not damage the structure and appearance of the premises. The air condensing units shall not be hung outdoors without authorization, but shall be placed in the designated location in the park. If there is any construction and alteration involving fire safety during the renovation, it is required to report to the relevant administrative departments in accordance with the Contractnational regulations. Party B may set a notable mark on Before the exit of elevators of the floor of leasing pursuant to the ▇▇▇evant management regulations of the Corporate Squares. The detailed conditions shall be discussed by both Parties.
8.2 Party B shall carry out the business activities in the Leased Units in compliance with laws, regulations and rules of the People's Republic of China and is prohibited to harm Party A's reputation through its activities.
8.3 Party B shall duly make the payments with respect to the rent, property management fee, electricity usage fee and any other charges it shall be responsible for.
8.4 Starting from the Commencement Daterenovation, Party B shall purchase insurance for submit the properties plan to Party A in the Leased Units, including property insurance writing and third party liability insurance. Otherwiseshall only implement it with Party A’s approval; otherwise, Party B shall bear the economic losses caused thereby. Party B shall comply with the relevant regulations on renovation management formulated by Party A.
7.5. Elevators, stairs, passageways and not Party A other public spaces on the floor shall be solely responsible for use by all liabilities and losses.
8.5 users. Party B shall not alter interfere with the purpose of use of the Leased Units without consent in writing from Party A.
8.6 Party B shall not re-lend, sublease, and exchange the Leased Units, in whole or part, to third parties or allow third parties to use the Leased Units by other means, without consent in writing from Party A.
8.7 Party B shall not alter the locking and security system on the gate of the Leased Units without consent in writing from Party A or approval from related departmentsothers.
8.8 Party B shall not alter or move the equipment for usage of water and electricity and shall not enlarge the capacities of central air conditioning, without consent in writing from Party A.
8.9 Party B shall take necessary actions to prevent the Leased Units from fires accident or man-made damage7.6. Party B shall immediately notify pay the rent, enterprise management service fee and other expenses on time. Party B undertakes that if Party A stops the supply of water, electricity and other services to Party B due to Party B’s default of payment of rent, enterprise management service fee or other breach, Party B shall bear all losses (including but not limited to losses of production and operation of Party B) caused thereby, and shall not deduct from the rent, enterprise management service fee and other related expenses payable to Party A with respect to any damage of on the Leased Unitsgrounds that water and power outage affects its operation or causes other losses.
7.7. Party B shall restore the damaged parts of the Leased Units to their former condition within one month upon receipt comply with other regulations of Party A's notice’s management department.
7.8. Party B shall strictly abide by China’s laws and regulations on the protection of intellectual property rights, provided and shall bear legal responsibilities for any infringement or violation of intellectual property rights.
7.9. When this Contract is rescinded or terminated, or Party B leaves the park in advance for various reasons, Party B shall promptly settle the rent and enterprise management service fee. Party B undertakes that all items in the office shall not be removed before all expenses are settled. If any item is forcibly removed, Party A shall have the right to interfere. If material losses and personnel injuries of either Party are caused thereby, Party B shall bear economic and legal liabilities.
7.10. When this Contract is rescinded or terminated, Party B shall, in addition to removing all kinds of removable equipment to be removed that belong to Party B in the leased premises, agree to give up the residual value of the renovation and leave it free of charge to the enterprise to settle in the future in order to reduce the demolition and renovation time, save social costs and reduce the interference to the enterprises around. Party A shall not compensate Party B in any form. If Party A requires Party B to remove the interior decoration, Party B must remove in full, restore the leased premises to the original state, and clean up. Party B shall bear the removal cost and garbage transport expenses, and shall also pay the rent and management fee during the period of removal and cleaning.
7.11. When this Contract is rescinded or terminated, if Party B fails to return the leased premises in time, Party B shall pay liquidated damages resulted equivalent to twice the monthly rent and other fees to Party A from negligence the next day until the date of return of the leased premises. In addition, Party B shall also compensate Party A for any other loss suffered by Party B and its employees. A. If Party B fails to do so timelyevacuate and return the premises more than 15 days after this Contract is rescinded or terminated, it shall be deemed that Party B has abandoned all items in the leased premises, and Party A shall have the right to clear the premises and recover the premises by itself. Party B agrees not to claim compensation from Party A. The reasonable expenses for the clearance and restoration of the premises shall be paid by Party B or deducted from the deposit paid by Party B.
7.12. When Party B returns the leased premises, it shall not require Party A to buy the interior decoration and equipment funded by Party B.
7.13. Party B agrees to pay attention to relevant notices of municipal construction, water and power outage, etc., and shall not lodge any claims against Party A in this regard.
7.14. The ownership and right of use and publication related to the public area, façade (including the spaces of exterior elevations) and outdoor advertising space in the project for property where the leased premises are located shall be owned by Party A. Party B shall not post, hang or install pictures, light boxes or posters containing advertising content outdoors without written consent of Party A. Party B shall have the right to publish all kinds of advertisements in the leased premises, provided that the published commercial advertisements and service information should be healthy and true and comply with the requirements of the Advertising Law of the People’s Republic of China and relevant laws and regulations. Party A shall have the right to supervise and request rectification within a time limit.
7.15. Party B shall assist Party A in the management and publicity, education and cultural activities of the park, cooperate in the statistical work of the park, and timely report the statistical data related to high-tech business incubator required by relevant national and local departments to the park.
7.16. If Party B is an enterprise involved in biological and chemical R&D (non-production; production enterprises are required to complete the relevant formalities for project approval and pass the environmental impact assessment), except for R&D experiments, no hazardous chemicals (including but not limited to sulfuric acid, perchloric acid, benzene, methanol and other chemicals) and contraband (including but not limited to detonators, gunpowder, narcotics and intermediates, medical raw materials, drugs, etc., as well as products that must be produced only after the production permit has been obtained as specified by the state) shall be produced or prepared in the leased premises. If Party A finds that Party B has any of the above behaviors, Party A has shall have the right to repair terminate this Contract and take back the damaged partspremises at any time. All legal consequences caused by Party B’s private production or preparation of the expenses thus incurred said contraband shall be borne by Party B.
8.10 Party B is entitled to require B. Any loss suffered by Party A repairing the Leased Units, and the public facilities and equipment, and repair such based on the original standards by itself if Party A fails to perform the obligation of repairing timely and affects the normal use of such. All the expenses thus incurred as a result thereof shall also be borne by Party A. The equipment newly added or improved by Party B shall be repaired by Party B.
Appears in 1 contract
Sources: House Lease Contract (Connect Biopharma Holdings LTD)
Rights and Obligations of Party B. 8.1 1. Party B guarantees that it has the ability and authorization to perform various services hereunder, including but not limited to the agency, operation authority and ability of delivery platforms. Party B shall show Party A copies of business license, certification documents of the general VAT taxpayer, bank account opening license and other relevant documents, and ensure the validity of Party B's platform agency authorization within the validity period of the Contract.
2. If Party B provides promotion content production services for Party A, it shall ensure that the promotion content is entitled original or has obtained the legal authorization of the obligee to use it in the Leased Units in accordance form contained herein, and that the promotion content complies with the Contractprovisions of relevant laws and regulations, does not infringe on anyone's legal rights (including intellectual property rights), does not have rights or any other form of disputes, and conforms to public order and good customs. If Party A is required to bear the liability by any third party due to Party B's promotion content, including compensation, cessation of infringement and other disputes, Party B shall be responsible for solving and bearing all direct or indirect losses caused by Party A (including but not limited to legal fees, notarial fees, attorney fees, preservation guarantee fees, investigation and evidence collection fees, damages paid by the third party, etc.), and Party A has the right to unilaterally notify to terminate the Contract without any liability.
3. The intellectual property rights and other related rights and interests of the promotion content produced by Party B belong to Party A, and Party B can enjoy the right of authorship but the signature method shall be approved by Party A in advance. Any other rights belong to Party A, including but not limited to other rights determined by laws and regulations such as modification, reproduction, distribution, exhibition, publication, information network dissemination, re-creation and production of derivative products. Party B may set a notable mark on the exit of elevators of the floor of leasing pursuant disseminate, promote, deliver, display or take similar actions to the ▇▇▇evant management regulations of the Corporate Squaresthird parties other than Party A and Party B only after obtaining written confirmation from Party A.
4. The detailed conditions shall be discussed by both Parties.
8.2 Party B shall carry out modify the business activities in size, file format and content of Party A's materials according to the Leased Units in compliance with release rules of delivery platforms. If Party A's materials do not meet the requirements of laws, regulations and rules of the People's Republic of China and is prohibited to harm Party A's reputation through its activities.
8.3 Party B shall duly make the payments with respect to the rent, property management fee, electricity usage fee and any other charges it shall be responsible for.
8.4 Starting from the Commencement Dateor platforms, Party B shall purchase insurance for modify them until the properties in promotion contents meet the Leased Units, including property insurance and third party liability insurance. Otherwise, Party B and not Party A shall be solely responsible for all liabilities and losses.
8.5 Party B shall not alter the purpose of use of the Leased Units without consent in writing from Party A.
8.6 Party B shall not re-lend, sublease, and exchange the Leased Units, in whole or part, to third parties or allow third parties to use the Leased Units by other means, without consent in writing from Party A.
8.7 Party B shall not alter the locking and security system on the gate of the Leased Units without consent in writing from Party A or approval from related departments.
8.8 Party B shall not alter or move the equipment for usage of water and electricity and shall not enlarge the capacities of central air conditioning, without consent in writing from Party A.
8.9 Party B shall take necessary actions to prevent the Leased Units from fires accident or man-made damagerelease requirements. Party B shall immediately notify be responsible for and bear the consequences for promotion contents released by Party B, including but not limited to all losses of Party A with respect caused by promotion contents being removed off shelves because they do not meet the requirements of laws and regulations or the requirements of delivery platforms (including but not limited to any damage of attorney fees, legal fees, preservation fees, notarial fees, etc. incurred to safeguard their own rights and interests, the Leased Units. Party B shall restore the damaged parts of the Leased Units to their former condition within one month upon receipt same below), losses of Party A's noticeA caused by promotion contents being removed off shelves because of complaints from third parties, provided that the damages resulted from negligence and claims by Party B and its employeesthird parties for promotion contents, etc. If Party B fails to do so timelyAt this time, Party A has the right to repair the damaged parts. All require Party B to refund the expenses thus incurred involved in the promotion contents of this part. If Party A refuses to modify or fails to modify in time, it is not restricted by this article, and Party A shall be borne bear the corresponding consequences at that time.
5. Party B shall ensure to provide Party A with services such as promotion content production, recharge agency and operation optimization in a timely and accurate manner according to the agreement of both parties or Party A's instructions. Without the consent of Party A, Party B shall not take delivery actions, use the funds in Party A's promotion account without authorization, or have wrong delivery that is inconsistent with Party A's delivery requirements. Otherwise, Party A has the right to investigate Party B's liability for breach of contract according to Article 6.2.
6. In case of service problems caused by Party B.
8.10 B, including but not limited to substandard conversion effect, promotion material problems, bid problems and failure to promote according to the agreed time, Party B is entitled shall bear corresponding liabilities for breach of contract.
7. Party B has the obligation to require keep confidential and prudently use Party A repairing A's business, financial, technical, product and service information, user data or any other documents or information (collectively referred to as "Party A's data") obtained or received by Party B during the Leased Unitsperformance of the Contract. Party B only transfers, duplicates, disseminates and uses Party A's data within the scope agreed herein for the purpose of performance of the Contract. If Party B uses Party A's data in advertising materials, promotion contents and other external display documents produced for Party A, it shall obtain Party A's written consent.
8. If a third party complains that Party A's products corresponding to the delivery content are illegal, and therefore Party B's platform faces examination or inquiry from relevant authorities, Party B has the right to immediately remove or delete relevant products or pages, and at the same time stop the network promotion and delivery service for Party A, and the public facilities and equipment, and repair such based on the original standards by itself if Party A fails to perform the obligation of repairing timely and affects the normal use of such. All the expenses thus losses incurred hereby shall be borne by Party A. The equipment newly added If Party B suffers from any third party claim or improved any administrative or judicial punishment and the documents issued by such departments determine that Party A's products or services are illegal, Party A shall compensate Party B for the losses determined in the documents within 5 working days from the date of receiving Party B's notice, and Party B has the right to reserve the right to terminate the Agreement at any time without any legal liability and cost compensation.
9. Party B shall not guide users to register with virtual operator mobile phone number. If Party A has evidence to prove that Party B guides users to register Party A's products with virtual operator mobile phone number, Party A has the right to exclude this part of user data when settling promotion expenses with Party B, and has the right to request early termination of cooperation between both parties. (Virtual operator mobile phone number: refers to the mobile phone number purchased by virtual operator from a basic operator, packaged and sold, subject to the number segment sold by virtual operator.)
10. Party B shall not take any false or cheating means in the process of promoting Party A's products, otherwise Party A has the right to require Party B to refund all the promotion expenses paid by Party A, and unilaterally terminate the Contract and related supplementary agreements without any legal liability and cost compensation. In case of any losses caused to Party A (including but not limited to attorney fees, legal fees, preservation fees, notarial fees, etc. incurred by Party B to safeguard its own rights and interests), Party B shall be repaired by compensate accordingly.
11. Party B.B shall ensure that its service quality or standards provided for Party A are not lower than that provided for other subjects with competitive relation with Party A and/or Party A’s associates.
12. Party B shall not carry out any behavior that damages or may damage Party A’s business reputation.
Appears in 1 contract
Sources: Network Promotion Service Agreement (Baosheng Media Group Holdings LTD)
Rights and Obligations of Party B. 8.1 Party B is entitled to use the Leased Units in accordance with the Contract. Party B may set a notable mark on the exit of elevators of the floor of leasing pursuant to the ▇▇▇evant management regulations of the Corporate Squares. The detailed conditions shall be discussed by both Parties.
8.2 Party B shall carry out the business activities in the Leased Units in compliance with laws, regulations and rules of the People's Republic of China and is prohibited to harm Party A's reputation through its activities.
8.3 Party B shall duly make the payments with respect to the rent, property management fee, electricity usage fee and any other charges it shall be responsible for.
8.4 Starting from the Commencement Date, Party B shall purchase insurance for the properties in the Leased Units, including property insurance and third party liability insurance. Otherwise, Party B and not Party A shall be solely responsible for all liabilities and losses.
8.5 Party B shall not alter the purpose of use of the Leased Units without consent in writing from Party A.
8.6 Party B shall not re-lend, sublease, and exchange the Leased Units, in whole or part, to third parties or allow third parties to use the Leased Units by other means, without consent in writing from Party A.
8.7 Party B shall not alter the locking and security system on the gate of the Leased Units without consent in writing from Party A or approval from related departments.
8.8 Party B shall not alter or move the equipment for usage of water and electricity and shall not enlarge the capacities of central air conditioning, without consent in writing from Party A.
8.9 Party B shall take necessary actions to prevent the Leased Units from fires accident or man-made damage1. Party B shall immediately notify possess the qualifications for the production and sales of relevant commodities hereunder, and assume relevant legal liabilities attributable to Party A with respect to any damage of the Leased UnitsB’s businesses. Party B shall restore A must be provided with the damaged parts of qualifications in attachments to the Leased Units to their former condition within one month upon receipt of Party A's notice, provided that the damages resulted from negligence by Party B Agreement. The documents and its employees. If Party B fails to do so timely, Party A has the right to repair the damaged parts. All the expenses thus incurred shall be borne by Party B.
8.10 Party B is entitled to require Party A repairing the Leased Units, and the public facilities and equipment, and repair such based information on the original standards by itself if Party A fails to perform the obligation production and sales qualification of repairing timely and affects the normal use of such. All the expenses thus incurred shall be borne by Party A. The equipment newly added or improved relevant businesses provided by Party B shall be repaired truthful. If not, Party B shall indemnify Party A and third parties.
2. Party B shall guarantee to provide commodities pursuant to the laws and regulations without infringing the lawful rights and interests of any third party (including but not limited to right of portrait, right of reputation, intellectual property right, etc.) In case of infringement on the rights and interests of a third party, Party B shall replace or recall the defective products, and cover all indemnities and losses arising from infringement. If loss is incurred to a third party, Party B shall indemnify the third party; if loss is incurred to Party A, Party B shall indemnify Party A.
3. Party A shall provide drop-shipping service for commodities purchased by Party B.A, and ship within 24h after Party A places the order. Party B shall cover the logistics fee.
4. In general, Party B does not undertake the after-sales consulting from mall customers. Party A’ s customer service shall accept the consulting and answer the after-sales doubts from customers. In special cases, if Party B needs to explain the product installation process, application method, etc. to customers, it shall be detailed, patient, and passionate instead of intolerant, negligent or perfunctory tone or behavior. If the aforesaid act causes the customer to complain to Party A, Party B shall cover double the loss of the customer therefrom; in case of quality issue or the customer’s personal or property damage arising from quality issue, Party B shall assume the liability for redoing, replacement, and indemnity, etc. and cover all expenses and reputation losses therefrom.
5. Party B shall provide Party A with drop-shipping service. If the customer raises objection against Party B’s product quality, Party B shall handle the replacement of goods required by the customer; in case of problems during logistics, such as commodity destruction, loss, quality issue, or other issues regarding product use, leading to user drain, complaint, or indemnity, Party B shall take charge of after-sales service and assume all liabilities, and shall not charge any extra fee.
6. If the commodities from Party B do not comply with the requirements in the order, the customer has the right to reject the commodities, and Party B shall undertake replacement or refund for no reason within 7 days. As for defective products, if the customer cannot acknowledge on site upon receiving, Party B shall not reject the refund or replacement on the excuse of no OOBA upon receiving.
7. Party B shall guarantee adequate stock of products. If Party B cannot supply in due time, it shall communicate with Party A 3 days in advance, and may only change the delivery date after receiving Party A’s written consent. Without just cause, Party B shall not reject order or mode of packaging or transportation specified hereunder.
8. Party B shall issue VAT special invoice for the amount paid in the current month to Party A on each natural month.
9. Party B shall keep confidential the information and trade secret of Party A and its customers acknowledged during cooperation, and shall by no means disclose or use the information or trade secret to any third party beyond the Agreement.
10. Party B promises that the commodities sold are originals that meet the quality requirements. If fake product is found, apart from the aforesaid liability for default, Party B shall assume the liability for indemnity ten times the value of fake product.
Appears in 1 contract
Sources: Drop Shipping Cooperation Agreement (Entrepreneur Universe Bright Group)
Rights and Obligations of Party B. 8.1 3.1 Party B is entitled shall guarantee to use complete the Leased Units corresponding transportation work according to the transportation procedures, effective documents and receipts provided by Party A, and ensure the safety, timeliness and accuracy of goods transportation.
3.2 Party B agrees and accepts to provide logistics services 24 hours a day, seven days a week in accordance with the Contractservice scope, price, time limit and agreed items listed in the appendix of this contract. Party B may set must arrange a notable mark on the exit of elevators of the floor of leasing pursuant special person to the ▇▇▇evant management regulations of the Corporate Squares. The detailed conditions shall be discussed by both Parties.
8.2 Party B shall carry out the business activities in the Leased Units in compliance with laws, regulations and rules of the People's Republic of China and is prohibited to harm Party A's reputation through its activities.
8.3 Party B shall duly make the payments with respect to the rent, property management fee, electricity usage fee and any other charges it shall be responsible for.
8.4 Starting from for the Commencement Date7 * 24-hour contact and operation of each project in this contract. If the contact person is changed, Party B shall purchase insurance for timely inform Party A of the properties updated information in the Leased Unitsform of letter of authorization.
3.3 Party B shall provide corresponding transportation capacity according to Party A’s business needs and development, including property insurance that is, provide vehicles of different specifications.
3.4 Party B shall guarantee to provide a means of transport that meets the conditions for transporting the goods. Party B must use the vehicle confirmed by Party A during transportation. When transporting a certain batch of goods, Party B must ship the goods according to Party A’s shipping requirements and third party liability insurancecannot replace the vehicle. Otherwise, Party B and not shall pay Party A a penalty of 10% of the freight of the current shipment, and compensate Party A in full for any loss caused thereby. This contract and its appendices (if any) shall be solely responsible for all liabilities void of any alteration, deletion or addition except to fill in the necessary subject, person and losses.time of signing of the contract or the existing blank. SFWL-YS 2 / 9
8.5 3.5 Goods handover: (1)The general loading order issued by Party A to Party B is the certificate of each business entrusted by both parties. The general loading order shall not alter indicate the purpose goods model, quantity, packaging, place of use departure, place of termination, time of arrival, etc., and shall be signed by the representatives of both parties. Each party holds one copy of the Leased Units without consent in writing from Party A.
8.6 Party B general loading order. The general freight loading list and other relevant documents shall not re-lend, sublease, and exchange be attached to the Leased Units, in whole or part, to third parties or allow third parties to use the Leased Units by other means, without consent in writing from Party A.
8.7 Party B shall not alter the locking and security system on the gate of the Leased Units without consent in writing from Party A or approval from related departments.
8.8 Party B shall not alter or move the equipment for usage of water and electricity and shall not enlarge the capacities of central air conditioning, without consent in writing from Party A.
8.9 Party B shall take necessary actions to prevent the Leased Units from fires accident or man-made damage. Party B shall immediately notify to Party A with respect to any damage of the Leased Units. Party B shall restore the damaged parts of the Leased Units to their former condition within one month upon receipt of Party A's notice, provided that the damages resulted from negligence by Party B and its employeescontract. If Party B fails A does not issue the “general freight loading order” to do so timelyParty B, but Party A has issues the right transportation instructions to repair the damaged parts. All the expenses thus incurred shall be borne by Party B.
8.10 Party B is entitled to require Party A repairing the Leased Unitsthrough WeChat, QQ, SMS and the public facilities and equipmentother forms, and repair such based on the original standards by itself if Party A fails to perform the obligation of repairing timely and affects the normal use of such. All the expenses thus incurred shall be borne by Party A. The equipment newly added or improved by after Party B shall confirms, WeChat, QQ, SMS records can also be repaired used as the certificate of each business entrusted by Party B.both parties.
Appears in 1 contract
Sources: Freight Transportation Contract (SHENGFENG DEVELOPMENT LTD)
Rights and Obligations of Party B. 8.1 6.1 Party B has the right to use and profit from the warehouse unit , it has the right to consult with Party A for advice and the right to know of the warehouse unit.
6.2 The lease of the unit of Party B is entitled limited to the commercial use of operating offices and warehouses, and it is not allowed to change the Leased Units in accordance with business type or the Contract. use of the unit without authorization, Party B must obtain the written consent of Party A if changing it .
6.3 From the date Party A delivers the unit, Party B may set a notable mark on enter the exit of elevators site for decoration and prepare for business. If this contract is terminated midway or the lease expires, the decoration and fixed facilities of the floor of leasing pursuant to the ▇▇▇evant management regulations of the Corporate Squares. The detailed conditions unit shall not be discussed by both Partiesdisassembled and destroyed when Party B leaves.
8.2 6.3.1 Party B must submit a written application to Party A before the decoration, filling in the decoration list in detail, and pay Party A a certain amount of decoration deposit. After the decoration of Party B is completed, the decoration deposit can only be refunded after qualifed acceptance
6.3.2 Party B shall carry out not modify the business activities building structure of the unit, make partition walls in the Leased Units unit, add or close doors and windows of the unit without permission. Application in compliance with paper and restoration compensation shall be submitted before Party B set partition in the warehouse unit. Compensation amount differs based on the level of reconstructure..
6.3.3 Advertisements from Party B (which content including but no limiting to sublease or transfer the right of use) must be reviewed and approved by Party A before publishing, and must be produced and released as required by Party A.
6.3.4 During the lease, Party B must keep the property intact (including the facilities and equipment provided by Party A and the fixed facilities installed by Party B). If it is damaged, it must be compensated at the price. Compensation according to the value will be required in case of any damage.
6.3.5 During the lease , Party B must strictly abide by the relevant laws, regulations and rules policies of the People's Republic country, Guangdong Province, and Guangzhou City. Distribution of China counterfeit and is prohibited to harm infringement of the intellectual property rights of others shall not damage the legitimate interests of Party A's reputation through its activities.
8.3 A and third parties, otherwise Party B shall duly make bear all the payments with respect to the rent, property management fee, electricity usage fee consequences and any other charges it shall be responsible forlegal liabilities arising therefrom.
8.4 Starting from 6.3.6 During the Commencement Datelease, Party B shall bear the fireproof and anti-theft responsibility of the unit, purchase insurance for property insurance, abide by the properties in “Regulations on the Leased UnitsManagement of Jinpenglai Commercial City” and other relevant management systems, including property insurance and third party liability insurance. Otherwise, Party B and not sign “Commercial City Fire Prevention Safety Responsibility Letter” with Party A shall be solely responsible for all liabilities and losses.
8.5 . Party B shall not alter occupy public space.
6.3.7 During the purpose of use lease, Party B shall be responsible for the maintenance, cleaning, repair and security of the Leased Units without unit. No one may be allowed to stay overnight in the unit, and shall not c▇▇▇ in the unit. It is forbidden to operate or store fresh and live wet goods in store. No flammable, explosive, toxic or hazardous substances shall be piled in the store.
6.3.8 Without the prior written consent in writing from of Party A.
8.6 A, Party B shall not re-lendtransfer, sublease, and exchange transfer or sublease the Leased Units, in whole or part, to third parties or allow third parties to use the Leased Units by other means, unit without consent in writing from Party A.
8.7 Party B shall not alter the locking and security system on the gate of the Leased Units without consent in writing from Party A or approval from related departments.
8.8 Party B shall not alter or move the equipment for usage of water and electricity and shall not enlarge the capacities of central air conditioning, without consent in writing from Party A.
8.9 Party B shall take necessary actions to prevent the Leased Units from fires accident or man-made damageauthorization. Party B shall immediately notify must submit a written application to Party A with respect to any damage of 30 days in advance for transference. After obtaining the Leased Units. Party B shall restore the damaged parts of the Leased Units to their former condition within one month upon receipt consent of Party A's notice, provided that the damages resulted from negligence by relevant transfer procedures shall be completed in time according to the requirements of Party B and its employees. A. If Party B fails to do so timelypay all the rent and related expenses for the transfer of the unit, the unit shall not be transferred, otherwise, Party B shall bear all the consequences and legal liabilities arising therefrom. If party B transfers the unit, party A shall not refund the rental deposit and performance bond hereunder. Party B shall not request Party A to return the aforementioned deposit. Party B shall transfer the deposit receipt to the t▇▇▇▇▇▇▇▇▇.▇▇▇▇▇ A shall return deposit to the transferee after the contract expires. When going through the transfer procedures, Party B shall pay Party A a handling fee of ____RMB per unit and ensure that the sublease acceptor shall pay Party A a contract performance bond of____ RMB as required by Party A. Otherwise, the unit shall not be transferred. If the transferee has not breached the contract within the lease period and the transferee does not renew the contract with Party A at the end of the lease period, Party A shall return all the aforementioned performance bond without interest within three days after the lease expires.
6.3.9 Party B shall pay the rent and other payments in full in accordance with the time stipulated in the fourth provision of this contract, and shall return the unit to Party A intact upon termination or termination.
6.3.10 Party B agrees to undertake the daily maintenance and costs of the leased premises within the lease term.
6.3.11 If Party B sublet or sublease with written consent of Party A, the sublease and sublease period of Party B shall not exceed the lease term of this contract, and Party B shall copy a sublease contract and a copy of the business license. A copy of the ID card is submitted to Party A for record. Party A has the right to repair the damaged parts. All the expenses thus incurred shall be borne by Party B.
8.10 decide to collect a certain percentage of Party B is entitled to require Party A repairing the Leased Units, and the public facilities and equipment, and repair such ‘s sublease rent based on the original standards by itself if Party A fails to perform the obligation rental income of repairing timely and affects the normal use of such. All the expenses thus incurred shall be borne by Party A. The equipment newly added or improved by Party B shall be repaired by Party B.‘s sublease, that is, increase the rent on the basis of the contract rent.
Appears in 1 contract
Sources: Warehouse Lease Contract (China Foods Holdings Ltd.)
Rights and Obligations of Party B. 8.1 1. Party B is entitled hereby warrants that it owns the information network dissemination right in the works provided by Party B hereunder (if Party B uses any work of which a third party owns the copyright, Party B shall have obtained a license to the information network dissemination right from the third party), and the sub-license thereof; that it has full power and authority to license Party A to use the Leased Units licensed works in accordance the forms specified herein; and that Party A may sub-license China Mobile Communications Group and China Mobile Communications Co., Ltd. to use the licensed works in the forms specified herein.
2. Party B hereby undertakes that all works (including cover images thereof) it provided hereunder will not infringe any copyright or any other legitimate right of any third party. If any third party makes a claim against Party A and/or China Mobile Communications Group and/or China Mobile Communications Co., Ltd. alleging that use of any of Party B's works (including cover images thereof) by Party A and/or China Mobile Communications Group and/or China Mobile Communications Co., Ltd. infringes its copyright or any other lawful right, Party B shall at its own costs settle the claim and indemnify Party A and/or China Mobile Communications Group and/or China Mobile Communications Co., Ltd. against all damages and losses resulting therefrom.
3. Party B hereby warrants that all works (including cover images thereof) provided hereunder comply with the Contractapplicable laws, regulations and national policies, and do not contain any content prohibited by Article 57 of the Telecommunications Regulations.
4. If any work (including cover image thereof) provided by Party B hereunder has any defect of right or contains any unlawful content, Party B shall indemnify Party A against all damages and losses resulting therefrom. In that case, Party A may unilaterally terminate the cooperation between both Parties or any part thereof, and take down all or part of Party B's works from the shelf, and Party B shall indemnify Party A against all damages and losses resulting therefrom. With respect to the works which Party A is granted an exclusive license, Party B shall not otherwise license such works to any third party; otherwise, Party B shall be subject to the liabilities for breach of contract and indemnify Party A against all damages and losses resulting therefrom. In that case, Party A may unilaterally terminate the cooperation between both Parties or any part thereof, and take down all or part of Party B's works from the shelf, and Party B shall indemnify Party A against all damages and losses resulting therefrom.
5. Party B may set a notable mark use such functions as uploading and edition relating to Party B's works on the exit of elevators mobile phone reading platform according to Party A's standards. Party B may give certain advices regarding the functions of the floor mobile phone reading platform operated by Party A.
6. Party B shall use the mobile phone reading business management platform of leasing pursuant China Mobile provided by Party A within the scope of authorization given by Party A, and shall protect all intellectual property rights of the platform and the software thereof.
7. Party B may receive the earnings in accordance with this Agreement. The details about the distribution of earnings are set forth in Article 7 hereof.
8. As the content provider for the mobile phone reading platform, Party B shall provide the content and relevant information of the works according to Party A's requirements, including but not limited to the copyright licensing documents and the letters of authorization relating to the works. Party B shall submit the documents mentioned above to Party A's designated persons for review, and the copyright licensing documents and the letters of authorization shall be confirmed by Party B with its signature and seal. The letters of authorization and the copyright licensing documents shall be attached hereto as the appendices, and shall have the equal legal force as this Agreement. Party A's review as mentioned above will not release or reduce any liability of Party B.
9. Party B shall strictly manage the account name and password given by Party A to access the mobile phone reading platform. If the account name or password is lost or stolen, Party B shall immediately notify Party A. Party B shall be fully responsible for all actions relating to use of the account name and password.
10. Party B may recommend the price and promotion of the works provided hereunder.
11. Party B shall promptly update the relevant contents and give effective responses as per the needs of the Mobile Phone Reading Business and according to Party A's requirements, and cooperate with Party A to manage the business.
12. In order to protect the rights of the users who have subscribed the works, Party B shall authorize Party A to retain such works in the personal space (i.e. personal book shelf) opened for the users on the mobile phone reading platform upon expiration of the term of license in respect of the relevant works or upon termination of this agreement.
13. Party B shall utilize its own resources to promote the mobile phone reading platform to users and use the effective market channels to carry out the advertising activities, so as to cooperate with Party A in marketing and promotional activities. Without the written consent of Party A, Party B shall not use SMS, MMS, wap push or other group sending means to directly promote the Mobile Phone Reading Business and the content of relevant works to the uses.
14. Party B shall attach and display the brand and m▇▇▇evant management regulations ▇ of China Mobile's mobile phone reading products, LOGO of the Corporate Squares. The detailed conditions shall be discussed by both Partiesmobile phone reading website and other marks in the promotional and advertising materials upon request and authorization of Party A, when Party B is making the marketing plan, advertisements on the public media, publicizing the relevant information and carrying out other advertising and promotional activities relating to the licensed works.
8.2 15. Without the written consent of Party A, Party B shall not use any brand name or LOGO of China Mobile's mobile phone reading products, or the brand LOGO or words of “China Mobile”, or the name of Party A's company or its affiliate, or the mobile phone reading base.
16. In order to promote and ensure the normal business operations, within the scope of the cooperation in the Mobile Phone Reading Business, Party B shall carry out the business activities in the Leased Units in compliance with laws, regulations and rules of the People's Republic of China and is prohibited to harm Party A's reputation through its activities.
8.3 Party B shall duly make the payments with respect cooperation according to the rent, property applicable daily management fee, electricity usage fee and any other charges it shall be responsible for.
8.4 Starting from the Commencement Date, Party B shall purchase insurance for the properties in the Leased Units, including property insurance and third party liability insurance. Otherwise, Party B and not Party A shall be solely responsible for all liabilities and losses.
8.5 Party B shall not alter the purpose of use of the Leased Units without consent in writing from policies established by Party A.
8.6 17. Email address of Party B shall not re-lend, sublease, and exchange the Leased Units, in whole or part, to third parties or allow third parties to use the Leased Units by other means, without consent in writing from Party A.
8.7 Party B shall not alter the locking and security system on the gate of the Leased Units without consent in writing from Party A or approval from related departmentsB's contact: [c▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇.
8.8 Party B shall not alter or move the equipment for usage of water and electricity and shall not enlarge the capacities of central air conditioning, without consent in writing from Party A.
8.9 Party B shall take necessary actions to prevent the Leased Units from fires accident or man-made damage▇▇▇]. Party B shall immediately notify agrees to contact and communicate with Party A with respect to any damage of the Leased Units. Party B shall restore the damaged parts of the Leased Units to their former condition within one month upon receipt of Party A's notice, provided that the damages resulted from negligence by Party B and its employees. If Party B fails to do so timely, Party A has the right to repair the damaged parts. All the expenses thus incurred shall be borne by Party B.
8.10 Party B is entitled to require Party A repairing the Leased Units, and the public facilities and equipment, and repair such based on the original standards by itself if Party A fails to perform the obligation of repairing timely and affects the normal use of such. All the expenses thus incurred shall be borne by Party A. The equipment newly added or improved by Party B shall be repaired by Party B.through this email address.
Appears in 1 contract
Rights and Obligations of Party B. 8.1 14.1 Party B is entitled undertakes that, during the term of this Agreement, the projects or lessees recommended by it may not be recommended to other institutions that have conflicts of interests with Party A or engage in similar business with Party A.
14.2 Party B undertakes that it may not have popularization and promotion in the name of Party A beyond the scope of this Agreement without Party A’s written consent; Party B promises not to use Party A’s name for fraud and other criminal activities in the Leased Units in accordance with the Contractprocess of business activities’ liaison and development and customer recommendation. Party B may set a notable mark on not make false promises in the exit name of elevators Party A or collude with the Lessee or/and any third party to implement acts harming the interests of Party A in the floor course of leasing pursuant to the ▇▇▇evant management regulations of the Corporate Squares. The detailed conditions shall be discussed by both Partiesconducting business.
8.2 14.3 For customers recommended to Party A, Party B assumes the qualification review responsibility and unlimited joint and several guarantee liability for Party A for such customers; Party B shall carry out unconditionally advance or compensate Party A as to the business activities in due and unpaid amount by the Leased Units in compliance with laws, regulations and rules Lessee when the Lessee recommended has overdue payment.
14.4 If the payment made by the Lessee is insufficient to cover the sum of the People's Republic of China fees charged by Party A to the Lessee and is prohibited the rent principal and interest that Lessee shall pay to harm Party A's reputation through its activities.
8.3 , Party B agrees to advance the remaining rent principal and interest. Party B shall duly make have the payments with respect right to the rent, property management fee, electricity usage fee and any recover other charges it shall be responsible for.
8.4 Starting fees from the Commencement DateLessee after the payment of the rent principal and interest and deal with the dispute with the Lessee at its own discretion. If the dispute with the Lessee causes losses to Party A, Party B shall purchase insurance for bear the properties in the Leased Units, including property insurance and third party liability insurance. Otherwise, Party B and not Party A shall be solely responsible for all liabilities and lossescorresponding compensation liability.
8.5 14.5 Party B shall not alter enter into any agreement with the purpose of use of Lessee and make an agreement contrary to the Leased Units without consent in writing from Financial Leasing Contract between Party A.
8.6 A and the Lessee. If Party B violates the provision and causes losses to Party A, Party B shall not re-lend, sublease, and exchange the Leased Units, in whole or part, to third parties or allow third parties to use the Leased Units by other means, without consent in writing from Party A.be liable for compensation.
8.7 14.6 Party B shall not alter the locking and security system on the gate notify Party A in advance, if Party B undergoes a major change in property rights or an adjustment of the Leased Units without consent in writing from Party A mode of operation, or approval from related departments.
8.8 Party B shall not alter disposes all or move part of its assets, or the equipment for usage affiliation relationship of water and electricity and shall not enlarge the capacities of central air conditioning, without consent in writing from Party A.
8.9 Party B shall take necessary actions changes, which is sufficient to prevent adversely affect the Leased Units from fires accident or man-made damageperformance of this Agreement. Party B shall immediately notify B’s major property right changes or business mode adjustments include but are not limited to Party A with respect to any damage the property right and management right transactions of the Leased Units. Party B shall restore the damaged parts through separation, combination, merger, being merged, restructuring, joint venture, custody, etc.; business closure, application for suspension of the Leased Units business for internal rectification, suspension of production, switch to their former condition within one month upon receipt of Party A's noticeother production, provided that the damages resulted from negligence by Party B and its employeesapplication for dissolution, application for bankruptcy, etc. If Party B fails to do so timelyfulfill the notification obligation, it shall be responsible for all losses arising therefrom to Party A A.
14.7 Party B has the right to repair the damaged parts. All the expenses thus incurred shall be borne by Party B.
8.10 Party B is entitled to require Party A repairing to provide the Leased Units, and financial leasing service in accordance with the public facilities and equipment, and repair such based on the original standards by itself if provisions of this Agreement; it is obliged to recommend Party A fails with the Lessees that maintain good credit status and strong performance capacity to perform carry out the obligation of repairing timely and affects the normal use of such. All the expenses thus incurred shall be borne by financial leasing business with Party A. The equipment newly added or improved by A.
14.8 Party B shall be repaired by ensure the authenticity, validity and uniqueness of the manufacturer’s certification documents provided to Party B.A such as vehicle certificate information.
Appears in 1 contract
Sources: Automobile Financial Leasing Business Cooperation Agreement (To Prosperity Technology Inc)
Rights and Obligations of Party B. 8.1 9.1 Pay the rent, management fee and electricity cost of the leasing unit on time and the expenses incurred as a result of Party B receiving all other special services.
9.2 Party B is entitled to use responsible for cleaning the Leased Units in accordance with the Contract. Party B may set a notable mark on the exit of elevators interior of the floor of leasing pursuant rental unit, including the floor, walls, and ceiling.
9.3 If there is any damage to the ▇▇▇evant management regulations leased unit of the Corporate Squares. The detailed conditions shall be discussed by both Parties.
8.2 Party B shall carry out the business activities in the Leased Units in compliance with lawsB, regulations and rules of the People's Republic of China and is prohibited to harm Party A's reputation through its activities.
8.3 Party B shall duly make the payments with respect to the rent, property management fee, electricity usage fee and any other charges it shall be responsible for.
8.4 Starting from the Commencement Date, Party B shall purchase insurance for the properties in the Leased Units, including property insurance and third party liability insurance. Otherwise, Party B and not Party A shall be solely responsible for all liabilities and losses.
8.5 Party B shall not alter the purpose of use of the Leased Units without consent notified in writing from Party A.
8.6 Party B shall not re-lend, sublease, and exchange the Leased Units, in whole or part, to third parties or allow third parties to use the Leased Units by other means, without consent in writing from Party A.
8.7 Party B shall not alter the locking and security system on the gate of the Leased Units without consent in writing from Party A or approval from related departments.
8.8 Party B shall not alter or move the equipment for usage of water and electricity and shall not enlarge the capacities of central air conditioning, without consent in writing from Party A.
8.9 a timely manner. Party B shall take necessary actions precautions to prevent any damage to the Leased Units leased unit. When the leased unit is damaged due to Party B’s negligence or negligence, it shall receive written notice from fires accident or man-made damage. Party A. And within a reasonable period of time stipulated in the notice, Party B shall immediately notify repair the leased unit to Party A with respect to any damage of the Leased Units. Party B shall restore the damaged parts of the Leased Units to their former condition within one month upon receipt of Party A's notice, provided that the damages resulted from negligence by Party B and its employeesstate before damage. If Party B fails to do so timelyperform repairs in a timely manner, Party A has the right to repair the damaged parts. All the expenses thus incurred shall be borne by Party B.
8.10 perform repairs, and Party B is entitled to require shall bear all costs incurred.
9.4 Party B agrees that Party A repairing enters the Leased Unitsleasing unit to inspect and check the status of each part of the leasing unit without prior notice, but it must be carried out with Party B personnel. Except in emergencies.
9.5 For the alteration, addition or demolition of Party B with Party A’s written consent, when the lease term of this contract expires or the contract is cancelled early due to Party B’s reasons, unless Party A agrees to a special agreement between the parties, Party B shall restore the leased unit Provide Party A with the initial state or bear the costs of decoration materials, labor, pipelines (except natural loss) caused by the restoration, and return all keys of the unit to Party A.
9.6 Party B’s employees, visitors, customers and their licensees in the use, management and maintenance of the leased unit and the public facilities and equipmentpart of the building’s negligence, and repair such based breach of contract, infringement shall be deemed as Party B’s own behavior, Party B shall be full responsible for the breach.
9.7 Party B shall purchase necessary insurances of its leasing unit by itself.
9.8 Except with the written consent of Party A, Party B shall not display, set up any signs, advertisements, awnings or other projections on/in the unit.
9.9 The load of the floor of the leased unit shall not exceed the designed floor load capacity. Party B shall comply with Party A’s regulations on the original standards by itself if Party A fails load weight of the leased unit and the placement of all safes in the device to perform reasonably distribute the obligation of repairing timely load. The commercial machinery and affects the normal use of such. All the expenses thus incurred shall be borne by Party A. The mechanical equipment newly added or improved provided by Party B shall be repaired approved by Party B.A. Install and repair at Party B’s own expense and Party B shall ensure that the setup does not generate vibration, noise or disturb other tenants in the building.
9.10 Party B shall not store or store in the leased unit, or allow others to store or store any weapons, ammunition, nitric acid, firearms, explosives, kerosene or other explosive, flammable, illegal or dangerous items.
9.11 No goods, furniture, garbage shall be piled up or left in the halls, stairs, and other public areas of this building’s door and other buildings in Lvchuang Environmental Protection Science and Technology Park, and the above-mentioned areas and fire evacuation passages shall not be blocked and the access to fire protection equipment shall not be affected. Without Party A’s written permission, it is not allowed to occupy public units for exhibitions, distribution of publicity materials or engage in other commercial activities.
9.12 Party B shall comply with the provisions of the “Lvchuang Environmental Protection Science and Technology Park Management Booklet”.
Appears in 1 contract
Rights and Obligations of Party B. 8.1 3.1 Party B is shall be only the nominal owner of the Vehicles and shall not be entitled to claim any rights against the Vehicles. Without the written consent of Party A, Party B may not use or dispose of the Leased Units Vehicle in any form including but not limited to rental, lending, transfer, mortgage, pledge, gift, etc. for any personal reasons such as the division of property of spouses, the performance of personal debt, etc.
3.2 In the event of any litigation, arbitration, administrative penalties, administrative order or other request that have or may have an adverse effect on the interests of Party A, Party B and any of the Vehicles hereunder, Party B hereby guarantees to notify Party A in writing of notification, order or recommendation immediately after receiving such notification, order or recommendation issued or promulgated by the relevant court, arbitration tribunal or administrative agency concerning the ownership of the Vehicles, and take all necessary measures in accordance with the Contract. requirements of Party B may set a notable mark on A to ensure the exit rights and interests of elevators of Party A in the floor of leasing pursuant Vehicles.
3.3 When Party A exercises rights to the ▇▇▇evant management regulations of the Corporate Squares. The detailed conditions shall be discussed by both Parties.
8.2 Party B shall carry out the business activities in the Leased Units in compliance with laws, regulations and rules of the People's Republic of China and is prohibited to harm Party A's reputation through its activities.
8.3 Party B shall duly make the payments with respect to the rent, property management fee, electricity usage fee and any other charges it shall be responsible for.
8.4 Starting from the Commencement DateVehicles, Party B shall purchase insurance proactively cooperate with Party A in handling relevant matters in accordance with the requirements of Party A including but not limited to signing relevant documents and handling relevant procedures for the properties Vehicles.
3.4 Upon the transfer registration of the Vehicles in the Leased Units, including property insurance and third party liability insurance. Otherwisename of Party B, Party B and not shall, within one day after completion of the transfer registration, deliver the relevant set of materials for the transfer of the Vehicles to the person or the company designated by Party A for custody, which shall include but not be solely responsible limited to (1) motor vehicle registration certificate, (2) motor vehicle driving license, (3) valid motor vehicle safety technical conformity inspection m▇▇▇, (4) vehicle purchase tax clearance certificate (5) vehicle mandatory liability insurance payment proof, (6) original invoice for all liabilities vehicle purchase or uniform invoice for sales of second-hand vehicles, (7) “three guarantees” certificate and lossesrepair records, (8) vehicle keys and other information of the Vehicles.
8.5 3.5 Party B shall hereby agrees not alter the purpose of use of the Leased Units without consent in writing from Party A.
8.6 Party B shall not re-lend, sublease, and exchange the Leased Units, in whole or part, to third parties or allow third parties to use the Leased Units by other means, without consent in writing from Party A.
8.7 Party B shall not alter the locking and security system on the gate of the Leased Units without consent in writing demand any remuneration from Party A or approval from related departmentsfor fulfilling any of its obligations hereunder.
8.8 3.6 Party B shall not alter or move hereby agrees that without the equipment for usage of water and electricity and shall not enlarge the capacities of central air conditioning, without written consent in writing from Party A.
8.9 Party B shall take necessary actions to prevent the Leased Units from fires accident or man-made damage. Party B shall immediately notify to Party A with respect to any damage of the Leased Units. Party B shall restore the damaged parts of the Leased Units to their former condition within one month upon receipt of Party A's notice, provided that the damages resulted from negligence by Party B and it shall not transfer any of its employees. If Party B fails rights or obligations hereunder to do so timely, Party A has the right to repair the damaged parts. All the expenses thus incurred shall be borne by Party B.
8.10 Party B is entitled to require Party A repairing the Leased Units, and the public facilities and equipment, and repair such based on the original standards by itself if Party A fails to perform the obligation of repairing timely and affects the normal use of such. All the expenses thus incurred shall be borne by Party A. The equipment newly added or improved by Party B shall be repaired by Party B.any other person.
Appears in 1 contract
Sources: Vehicle Consignment Agreement (Kaixin Auto Holdings)
Rights and Obligations of Party B. 8.1 6.1 Party B is entitled shall provide logistics services including warehousing and transportation to use Party A as stipulated herein.
6.2 Party B undertakes that the Leased Units logistics services it provides hereunder, including warehousing and transportation, shall meet Party A’s safety requirements and in compliance with the applicable laws and regulations.
6.3 Party B shall develop an effective storage, logistics and transportation management system and provide sufficient experienced staff to perform this agreement.
6.4 Party B shall provide services to Party A strictly in accordance with the Contract. operational procedure stipulated hereunder within the time limit required by Party B may set a notable mark on the exit of elevators of the floor of leasing pursuant to the ▇▇▇evant management regulations of the Corporate Squares. The detailed conditions shall be discussed by both Parties.
8.2 A. Party B shall carry out be liable for breaches of contract if such breaches are due to reasons attributable to Party B.
6.5 Party B shall ensure the safety of the materials it stores or transports for Party A. Party B shall inform Party A promptly of any abnormal incidents by phone and report such incidents to Party A in writing subsequently within one business activities day and make every effort to minimize the damages to the materials.
6.6 Party B shall be liable for the damages, losses, deterioration of the materials and pollution to the environment if it does not store the materials in the Leased Units condition specified herein.
6.7 Party B shall be liable for damages to a third party if it does not operate, transport or store hazardous materials and perishable materials in compliance with lawsthe applicable laws and regulations or the requirements stipulated herein, regulations and rules of the People's Republic of China and is prohibited or it causes damages to harm Party A's reputation through its activitiesa third party.
8.3 6.8 Party B shall duly arrange for the delivery, dispatching, acceptance, shipment and transportation within the time limit and in the manner stipulated by Party A.
6.9 Party B shall ensure the safety of the materials it stores and transports for Party A and make the payments with respect every effort to the rent, property management fee, electricity usage fee and any other charges it shall be responsible forsafeguard Party A’s materials.
8.4 Starting from 6.10 Party B shall stipulate a strict warehouse management system and operational procedure to ensure timely supply and secure storage of the Commencement Datematerials needed by Party A.
6.11 Unless agreed by written consent of Party A, Party B shall purchase insurance for not use the properties in the Leased Units, including property insurance and third party liability insurance. Otherwise, Party B and not sites provide by Party A shall be solely responsible for all liabilities and lossesbeyond the purposes hereunder.
8.5 6.12 Party B shall not alter store and transport highly toxic substances strictly in compliance with the purpose of use of the Leased Units without consent in writing from Party A.
8.6 Party B shall not re-lend, sublease, applicable laws and exchange the Leased Units, in whole or part, to third parties or allow third parties to use the Leased Units by other means, without consent in writing from Party A.
8.7 Party B shall not alter the locking and security system on the gate of the Leased Units without consent in writing from Party A or approval from related departments.
8.8 Party B shall not alter or move the equipment for usage of water and electricity and shall not enlarge the capacities of central air conditioning, without consent in writing from Party A.
8.9 Party B shall take necessary actions to prevent the Leased Units from fires accident or man-made damageregulations. Party B shall immediately notify to be liable for any losses arising from its violation of the applicable laws and regulations.
6.13 Party B shall actively cooperate with Party A with respect to any damage on the inspection, surveillance and calculation of the Leased Unitsinventories. Party B shall restore the damaged parts of the Leased Units arrange staff to their former condition within one month upon receipt of Party A's notice, provided that the damages resulted from negligence by Party B and its employees. If Party B fails to do so timely, collaborate with Party A has the right to repair the damaged parts. All the expenses thus incurred shall be borne by Party B.
8.10 Party B is entitled to require Party A repairing the Leased Units, and the public facilities and equipment, and repair such based on the original standards by itself if Party A fails to perform the obligation of repairing timely and affects the normal use of such. All the expenses thus incurred shall be borne by Party A. The equipment newly added or improved by Party B shall be repaired by Party B.necessary.
Appears in 1 contract
Sources: Warehousing and Logistics Service Agreement (ShangPharma Corp)
Rights and Obligations of Party B. 8.1 6.1 Party B is entitled to shall use the Leased Units plant under lease for the purpose hereunder, and shall not change the purpose hereof. In the event that Party B has to re-decorate or reconstruct the plant, Party B shall obtain Party A’s prior written consent in advance. Where Party B has to go through the planning, design and fitment formalities with the national authorities according to regulations, Party B must obtain approval from the relevant government authorities, and shall receive the permit prior to construction. Any fitment shall not affect the original structure and style of the plant, nor shall damage the bearing walls and exterior façade of the plant. Prior to fitment, Party B shall install its own water meter and ammeter in place. Prior to commencement of business or operation, Party B shall produce originals of certificates and licenses, and provide corresponding copies thereof to Party A
6.2 During the lease term, Party B shall not mortgage the plant. Where Party B has to sub-let the plant in whole or part, Party B must obtain Party A’s prior written consent. The term of any sub-let or sub-lease agreement shall not exceed the term hereof. Party A shall have the right to increase the rental in order to share the sub-let or sub-lease benefits. Where Party B sub-lets or sub-leases the plant during the lease term without permission, then Party B shall be deemed as default, in which case, Party A shall have the right to terminate the Contract immediately without return of security deposit and rental. Party B shall be liable for any and all economic liabilities caused thereby.
6.3 Party B shall pay the rental, management fee and utilities in full on time strictly in accordance with the Contract. .
6.4 Party B may set a notable mark on the exit of elevators of the floor of leasing pursuant B’s operating activities shall conform to the ▇▇▇evant management regulations relevant national laws and regulations. In case of the Corporate Squares. The detailed conditions shall be discussed by both Parties.
8.2 any illegal behaviors, or in case of fire and other safety accidents due to Party B shall carry out the business activities in the Leased Units in compliance with laws, regulations and rules of the People's Republic of China and is prohibited to harm Party A's reputation through its activities.
8.3 Party B shall duly make the payments with respect to the rent, property management fee, electricity usage fee and any other charges it shall be responsible for.
8.4 Starting from the Commencement DateB’s improper management, Party B shall purchase insurance be solely responsible for any economic losses, and shall assume the legal liabilities.
6.5 During the lease term, Party B shall be liable for the properties interior decoration of the plant, and maintenance of the facilities and equipment. In case of man-made damages, Party B shall be liable for making compensations.
6.6 When the Contract expires, Party B must restore the normal service conditions of the plant. Security deposit will be returned after Party A makes acceptance in the Leased Units, including property insurance and third party liability insurancewriting. Otherwise, Party B and not Party A shall be solely responsible for all liabilities and losses.
8.5 Party B shall not alter the purpose of use of the Leased Units without consent in writing from Party A.
8.6 Party B shall not re-lend, sublease, and exchange the Leased Units, in whole or part, to third parties or allow third parties to use the Leased Units by other meansdeemed as default, without consent in writing from Party A.
8.7 Party B shall not alter the locking and refund of security system on the gate of the Leased Units without consent in writing from Party A or approval from related departmentsdeposit.
8.8 Party B shall not alter or move the equipment for usage of water and electricity and shall not enlarge the capacities of central air conditioning, without consent in writing from Party A.
8.9 Party B shall take necessary actions to prevent the Leased Units from fires accident or man-made damage. Party B shall immediately notify to Party A with respect to any damage of the Leased Units. Party B shall restore the damaged parts of the Leased Units to their former condition within one month upon receipt of Party A's notice, provided that the damages resulted from negligence by Party B and its employees. If Party B fails to do so timely, Party A has the right to repair the damaged parts. All the expenses thus incurred shall be borne by Party B.
8.10 Party B is entitled to require Party A repairing the Leased Units, and the public facilities and equipment, and repair such based on the original standards by itself if Party A fails to perform the obligation of repairing timely and affects the normal use of such. All the expenses thus incurred shall be borne by Party A. The equipment newly added or improved by Party B shall be repaired by Party B.
Appears in 1 contract
Rights and Obligations of Party B. 8.1 Party B is entitled to use the Leased Units in accordance with the Contract1. Party B may set a notable mark on the exit of elevators shall ensure that it will, during its occupation of the floor of leasing pursuant to the ▇▇▇evant management regulations of the Corporate Squares. The detailed conditions shall be discussed by both Parties.
8.2 Party B shall carry out the business activities in the Leased Units premises for use, act in compliance with applicable laws, regulations and rules rules, and strictly observe the relevant requirements of the People's Republic of China PRC laws, and is prohibited shall not conduct any illegal activities in the leasing zone nor cause harm to harm Party A's reputation through its activitiesthe public interests or others’ interests.
8.3 Party B shall duly make 2. With regard to all of the payments with respect to immovable properties in the rentleasing zone (including fixtures and fittings, property management fee, electricity usage fee and any other charges it shall be responsible for.
8.4 Starting from facilities and equipment attaching thereto) and all of the Commencement Datemovable properties in the leasing zone at the time of its acceptance of the tenancy, Party B shall purchase insurance for shall, within 10 days of the properties in the Leased Unitsexpiry of this Agreement or its termination due to any other reasons, including property insurance and third party liability insurance. Otherwise, Party B and not return them to Party A shall be solely responsible for all liabilities and losses.
8.5 Party B shall not alter in a condition that is the purpose of use of same as the Leased Units without consent in writing from Party A.
8.6 Party B shall not re-lend, sublease, and exchange time when the Leased Units, in whole or part, to third parties or allow third parties to use the Leased Units by other means, without consent in writing from Party A.
8.7 Party B shall not alter the locking and security system on the gate of the Leased Units without consent in writing from Party A or approval from related departments.
8.8 Party B shall not alter or move the equipment for usage of water and electricity and shall not enlarge the capacities of central air conditioning, without consent in writing from Party A.
8.9 Party B shall take necessary actions to prevent the Leased Units from fires accident or man-made damagetenancy is accepted. Party B shall immediately notify have the right to Party A with respect to any damage dispose of the Leased Units. Party B shall restore the damaged parts of the Leased Units to their former condition within one month upon receipt of Party A's notice, provided that the damages resulted from negligence by Party B and its employeesown properties. If Party B fails to do so timelyrestore any portion of the leasing zone that has been renovated to its original condition within such 10-day period, Party A has shall deem it as a waiver by Party B of its right.
3. Party B shall promptly repair or make compensation in respect of any damages or breakdown of facilities in the right leasing zone due to repair its improper and unreasonable use. If Party A repairs the damaged parts. All the expenses thus incurred same for Party B, such cost arising therefrom shall be borne by Party B.
8.10 4. Party B is entitled to require shall not change the use of the leasing zone stipulated herein without authorization. The leasing zone shall be freely operated by Party B, which will be solely responsible for its own profit and loss. Party B shall take responsibility for all creditor’s rights, indebtedness, disputes and litigations arising from its operation and Party A repairing shall not be in any way liable for it. Party B shall not create any mortgage or guarantee over the Leased Unitspremises in favour of any institutions, units or individuals. Party B will be deemed as a breach of this Agreement if it changes the use of the leasing zone stipulated herein without authorization, and Party A shall then have the right to unilaterally terminate this Agreement prior to its expiry and to pursue Party B for its liability for such breach.
5. Party B shall not transfer nor sub-let the premises without the consent of Party A. Otherwise, Party B shall be deemed as a breach of this Agreement and Party A shall have the right to unilaterally terminate this Agreement. The security deposit paid by Party B shall belong to Party A.
6. Party B shall commence any renovation work or plan for renovation and redevelopment in the leasing zone only after the same is approved by Party A and submitted to the property management department for examination and written approval, and the public facilities formalities in connection therewith are dealt with in accordance with the requirements of Beijing with regard to fire prevention and equipmentrenovation work. Following the completion of the renovation work or plan for renovation and redevelopment, the inspection and repair such based on the original standards acceptance shall be done by itself if Party A fails or the property management department and the competent fire department. If Party B proceeds the renovation work or plan for renovation and redevelopment not in compliance with the above requirements, Party A shall have the right to demand for an immediate termination thereof, refuse to hand over the premises, request Party B to continue to perform this Agreement and to restore the obligation of repairing timely and affects the normal use of suchpremises into its original state. All the expenses thus costs incurred thereby shall be borne by Party A. The equipment newly added or improved by B.
7. Party B shall be repaired under an obligation to keep the rental charge set by Party B.A in strict confidence.
8. Party B shall be responsible for the fire prevention of the leasing zone. Party B shall sign a fire prevention and security responsibility letter with Party A or its designated property management company in order to put in place the system of fire prevention and security responsibility.
9. Party B shall take out property insurances in respect of its properties within the leasing zone. If Party B does not take out such insurances, it shall be liable for any loss suffered by itself and others resulting from its mismanagement of the leasing zone during the tenancy, and Party A will not be in any way liable for it.
Appears in 1 contract
Rights and Obligations of Party B. 8.1 1. Party B has the right to operate independently with violating the purpose of The Premises as stipulated in this contract; if the business scope is entitled to use be changed, Party B should obtain the Leased Units written consent of Party A first.
2. Party B has the right to require Party A to provide normal operating environment.
3. Party B should comply with the national laws and regulations, operate in accordance with the Contractlaw, and pay taxes in accordance with the regulations; Party B should complete various procedures that are required by the industrial and commercial administrations.
4. Party B may set a notable mark on should comply with the exit of elevators various management rules of the floor of leasing pursuant property management company.
5. Party B should not occupy public area. If Party B needs to expand the business, it should get the consent from Party A; if Party B needs to use the public area and space for advertising, the relevant plan drawings should be reviewed by Party A and submitted to the ▇▇▇evant management regulations relevant government departments for approval before they can be executed.
6. Party B should pay various fees within the time limit specified in the contract.
7. Party B should strictly abide by the “Fire Protection Law”, actively complete the fire protection acceptance and keep the fire protection acceptance certificate on file with Party A, and take full responsibility for the fire safety issues that occur.
8. During the contract term, Party B should strictly abide by the “Fire Control Regulations of the Corporate SquaresPeople’s Republic of China” and the “Environmental Protection Law of the People’s Republic of China”, and be fully responsible for the fire safety and environmental protection of The Premises in accordance with the relevant regulations. The detailed conditions shall Otherwise, all responsibilities and losses arising therefrom should be discussed borne by both PartiesParty B. If Party A assumes responsibility for this, Party B should compensate.
8.2 9. Party B shall carry out the business activities in the Leased Units should operate in compliance with lawsthe law, regulations and rules should refrain from gathering crowds to make trouble, fighting, etc. in the business premises, and Party B should bear all legal responsibilities in the event of the People's Republic of China and is prohibited to harm Party A's reputation through its activitiesoccurrence.
8.3 10. During the contract term, all credits, debts and civil liabilities of Party B shall duly make the payments with respect to the rentshould be borne by Party B, property management fee, electricity usage fee and Party A should not bear any other charges it shall be responsible forresponsibility.
8.4 Starting from the Commencement Date, Party B shall purchase insurance for the properties in the Leased Units, including property insurance and third party liability insurance11. Otherwise, Party B and not Party A shall be solely responsible for all liabilities and losses.
8.5 Party B shall not alter the purpose of use of the Leased Units without consent in writing from Party A.
8.6 Party B shall not re-lend, sublease, and exchange the Leased Units, in whole or part, to third parties or allow third parties to use the Leased Units by other means, without consent in writing from Party A.
8.7 Party B shall not alter the locking and security system on the gate of the Leased Units without consent in writing from Party A or approval from related departments.
8.8 Party B shall not alter or move the equipment for usage of water and electricity and shall not enlarge the capacities of central air conditioning, without consent in writing from Party A.
8.9 Party B shall take necessary actions to prevent the Leased Units from fires accident or man-made damage. Party B shall immediately notify to Party A with respect to any damage of the Leased Units. Party B shall restore the damaged parts of the Leased Units to their former condition within one month upon receipt of Party A's notice, provided that the damages resulted from negligence The Premises rented by Party B and its employees. If Party B fails to do so timelyother items in the factories must be covered by property insurance, Party A has and all losses caused by not participating in the right to repair the damaged parts. All the expenses thus incurred shall insurance should be borne by Party B.
8.10 12. Party B is entitled should be responsible for all kinds of quality, service issues or customer disputes during the operation, and should not affect Party A’s interests and reputation.
13. If Party B needs to require hang any advertising objects on the outside of The Premises, the size, craft materials, etc. should be approved by Party A repairing the Leased Units, and the public facilities relevant government departments. It should not affect the night view lighting effect of Party A’s building body, otherwise A Party has the right to refuse Party B to install any form of advertising material.
14. During the contract term, Party B should ensure the legal use of The Premises and equipmentensure the integrity of environmental protection and fire protection.
15. During the contract term, Party B’s decoration and repair such based on use of the original standards factories should strictly abide by itself if relevant laws and regulations and industrial park management rules. In the event of a safety accident, Party B should immediately and properly handle the resulting responsibilities. Party A fails to perform the obligation of repairing timely and affects the normal use of such. All the expenses thus incurred shall should not be borne responsible for any safety accident caused by Part B. If Party A. The equipment newly added or improved by A assumes responsibility for this, Party B shall be repaired by Party B.should compensate.
Appears in 1 contract
Rights and Obligations of Party B. 8.1 1. Party B shall provide Party A with the commodities sold or exchanged on Party A's platform for Party A's screening, and input the commodity information confirmed by Party A's screening. Party B shall be responsible for the entry and maintenance of commodity information on Party A’s commodity name, commodity price, settlement unit price, commodity drawing and text introduction, etc., and ensure the authenticity and accuracy of the information provided. Party B shall ensure that the commodity information entered and the information provided to Party A will not infringe upon the legitimate rights and interests of any third party, or otherwise any losses arising therefrom shall be borne by Party B.
2. Party B shall be responsible for the acceptance of the customers' demand for commodity ordering or exchange, and shall complete the relevant work such as commodity ordering or exchange meeting the customers' demand of Party A in time.
3. During the period of cooperation between Party A and Party B, Party B shall abide by this Agreement and the management specifications (including but not limited to business specifications, technical specifications and management processes) formulated by Party A (and revised from time to time), and accept the supervision and management of Party A. in case of any problem, Party B shall make rectification according to Party A's requirements in time. If Party B's rectification still fails to meet Party A's requirements, Party B shall make rectification according to Party A's requirements, Party A has the right to terminate this Agreement unilaterally, and the losses caused to Party A or the third party shall be borne by Party B.
4. Party B is entitled responsible for the management and safekeeping of commodities/services, including but not limited to use the Leased Units warehousing and delivery of commodities, as well as the clearing, inventory, and initiating reconciliation of commodities. If there are any problems in the management process of Party B, Party B shall bear all the responsibilities. Party B shall ensure the quality of the commodities and be responsible for it. In case of dissatisfaction or complaints from users caused by the quality problems of Party B's commodities, Party B shall be responsible for solving the problems and assume relevant responsibilities.
5. Party B shall be responsible for the distribution of commodities, and the specific service specifications and punishment standards are detailed in Annex I of this Agreement.
6. Party B shall protect the legitimate rights and interests of customers in strict accordance with the Contract. Party B may set a notable mark on the exit of elevators Agreement law of the floor People's Republic of leasing pursuant to the ▇▇▇evant management regulations China, Product Quality Law of the Corporate Squares. The detailed conditions shall be discussed by both Parties.
8.2 Party B shall carry out People's Republic of China, E-commerce Law of the business activities in the Leased Units in compliance with lawsPeople's Republic of China, regulations and rules Consumer Right Protection Law of the People's Republic of China (2014 Revision) and is prohibited to harm other relevant national laws and regulations, and bear corresponding legal responsibilities.
7. After receiving the customer complaints transferred by Party A's reputation through its activities.
8.3 Party B shall duly make the payments with respect to the rent, property management fee, electricity usage fee and any other charges it shall be responsible for.
8.4 Starting from the Commencement Date, Party B shall purchase insurance complete the processing according to the service commitment, and submit the processing results to Party A for the properties in customers' return visits. When Party B receives the Leased Units, including property insurance customer complaints and third party liability insurance. Otherwiseother issues transferred by Party A, Party B and not shall actively cooperate with Party A shall be solely responsible for all liabilities to give priority to the handling of complaints and lossesother issues to ensure the satisfaction of customers before identifying the responsibility.
8.5 8. If Party B uses the personal information of Party A's customers during the validity period of this cooperation Agreement, Party B shall strictly abide by the provisions of laws and administrative regulations as well as the provisions of personal information protection in the management provisions of Party A's platform (including but not alter the purpose of use limited to business specifications, technical specifications and management systems, etc.). In case of the Leased Units without consent in writing from customer’s information leakage due to Party B’s breach of the Agreement, Party B shall bear the corresponding legal liability. If Party A suffers losses, Party B shall bear all losses incurred to Party A.
8.6 Party B shall not re-lend, sublease, and exchange the Leased Units, in whole or part, to third parties or allow third parties to use the Leased Units by other means, without consent in writing from Party A.
8.7 Party B shall not alter the locking and security system on the gate of the Leased Units without consent in writing from Party A or approval from related departments.
8.8 Party B shall not alter or move the equipment for usage of water and electricity and shall not enlarge the capacities of central air conditioning, without consent in writing from Party A.
8.9 Party B shall take necessary actions to prevent the Leased Units from fires accident or man-made damage9. Party B shall immediately notify to guarantee that Party A with respect to any damage and customers are free from the infringement claims of the Leased Units. Party B shall restore the damaged parts of the Leased Units to their former condition within one month upon receipt of Party A's noticethird party, provided including but not limited to: claiming that the damages resulted from negligence by Party B commodities infringe the third party's patent, trademark, copyright and its employees. If Party B fails to do so timelyother intellectual property rights and other rights; otherwise, Party A has the right to repair the damaged parts. All the all responsibilities and expenses thus incurred shall be borne by Party B.
8.10 10. In case of any third party's infringement claim or complaint on Party B is entitled to require B's commodities or intellectual property or other rights arising from Party B's reasons, Party A repairing shall have the Leased Unitsright to take necessary measures such as deleting, blocking, disconnecting, terminating the transaction and the public facilities and equipment, and repair such based service on the original standards by itself if relevant commodities and their information. After receiving the notice from Party A fails to perform the obligation of repairing timely and affects the normal use of such. All the expenses thus incurred shall be borne by Party A. The equipment newly added or improved by A, Party B shall be repaired provide Party A with relevant supporting materials in a timely and comprehensive manner in accordance with the requirements of the "E-commerce Law of the People's Republic of China" as soon as possible. Otherwise, Party B shall bear all responsibilities arising therefrom alone and shall compensate Party A for all losses incurred therefrom.
11. Party B guarantees that the certification materials provided to Party A, including but not limited to the trademark registration certificate and power of attorney, are legal, true and effective, and do not infringe the legitimate rights and interests of any third party. Party A does not undertake the obligation to verify the authenticity of the certification materials provided by Party B.B. Party B shall bear the sole legal liability incurring from the above materials, Party A does not bear any joint and several liabilities. In case of any loss to Party A, Party B shall also be liable for compensation.
12. Party B shall guarantee to provide feedback of commodity data information according to Party A's requirements within the period of negotiation between both parties, and provide Party A with inquiry and statistics service of customer complaints.
13. If the actual commodities ordered or exchanged by the customer do not conform to the description in the catalog, Party B shall return and replace them free of charge and ensure the customers' satisfaction.
14. If Party A requests for access, Party B shall submit the following materials to Party A within the time limit agreed by both parties: commodities delivery schedule, commodities receipt schedule, original or copy of Party A's customer receipt, original or copy of post office delivery voucher, etc.
15. Party B can log on Party A's website platform to input and maintain commodity information, query commodity exchange details, and carry out settlement operations. Party B shall keep the account number and password properly. In case of any loss to Party A or Party A's customers caused by improper storage or operation, Party B shall bear the corresponding liability for compensation.
Appears in 1 contract
Sources: Form Cooperation Framework Agreement (Jianzhi Education Technology Group Co LTD)
Rights and Obligations of Party B. 8.1 1. Party B must provide Party A with real and reliable telecom and message service business license for Internet message services or telecom value-added service business permit, qualification and credit certificate, business license, information source and bank account etc in relation to normal business operation and undertake that the fees charged for the message service comply with the related regulations of the competent pricing authority.
2. Party B must comply with the related national laws, regulations, decrees and policies in relation with telecom and Internet message services etc, and undertake that any message content it provides complies with the related national laws, regulations and policies, infringes no any third party’s legal right and interest and social public interest, and not to send any illegal message via the system of Party A; otherwise, Party B must bear any consequence as incurred hereof. Party B must filter any message provided by customers (such as chat message) and prevent any unhealthy and illegal message. Where any lawsuit occurs hereof, Party B shall deal with it properly and bear all economic and legal responsibilities. Where such information causes economic loss to Party A and defames the goodwill of Party A, Party A is entitled to require Party B for compensation accordingly.
3. Party B must undertake the K-Java service it provides is legal, all governmental permits, production and/or use permits and/or authorizations for such service are prepared, the content of such service has legal sources without infringing others’ rights and no embezzlement or use without permission of the copyright, intellectual property right or other legal rights and interests of any third party exist. In the case where Party A suffers the complaint, lawsuit or claim of any third party for right infringement due to the K-Java service of Party B, Party A is entitled to temporarily cease the service with infringement dispute and transfer such dispute to Party B for handling; Party B must immediately deal with the dispute with the accuser or the claimer and bear all legal and economic responsibilities as incurred hereof. Where such information causes economic loss to Party A and defames the goodwill of Party A, Party A is entitled to require Party B for compensation accordingly.
4. During cooperation, without the prior written consent of Party A, Party B shall not, with various channels and at various business levels, make Party A to transfer data application service to interconnect or interconnect in the disguised form with any third party.
5. Party B shall actively cooperate with Party A for the interface test and undertake to provide service as per the business regulations and interface technical regulations provided by Party A.
6. Party B undertakes that, as of the day when this Agreement comes into force, the K-Java paid service Party B provides will not be provided in its own website or any other website; otherwise, Party A is entitled to terminate unilaterally this Agreement and end the settlement with Party B.
7. Party B must provide Party A with all data needed for service it provides in clear and correct manner and bear all economic and legal responsibilities as incurred hereof.
8. Under the direction of Party A, Party B is entitled to use determine whether the Leased Units in accordance with service it provides charges or not and the Contract. Party B may set a notable mark on the exit of elevators of the floor of leasing pursuant to the ▇▇▇evant management regulations of the Corporate Squares. The detailed conditions shall be discussed by both Partiescharging standard.
8.2 Party B shall carry out the business activities in the Leased Units in compliance with laws, regulations and rules of the People's Republic of China and is prohibited to harm Party A's reputation through its activities.
8.3 Party B shall duly make the payments with respect to the rent, property management fee, electricity usage fee and any other charges it shall be responsible for.
8.4 Starting from the Commencement Date, Party B shall purchase insurance for the properties in the Leased Units, including property insurance and third party liability insurance. Otherwise, Party B and not Party A shall be solely responsible for all liabilities and losses.
8.5 Party B shall not alter the purpose of use of the Leased Units without consent in writing from Party A.
8.6 Party B shall not re-lend, sublease, and exchange the Leased Units, in whole or part, to third parties or allow third parties to use the Leased Units by other means, without consent in writing from Party A.
8.7 Party B shall not alter the locking and security system on the gate of the Leased Units without consent in writing from Party A or approval from related departments.
8.8 Party B shall not alter or move the equipment for usage of water and electricity and shall not enlarge the capacities of central air conditioning, without consent in writing from Party A.
8.9 Party B shall take necessary actions to prevent the Leased Units from fires accident or man-made damage9. Party B shall immediately notify abide by and implement the management regulations, customer service standards and documents in relation to “MONTERNET” service of Party A with respect to any damage and accept the inspection and supervision of the Leased Units. Party A. In case where Party B shall restore withdraws from the damaged parts of Monternet service (including the Leased Units to their former condition within one month upon receipt of compulsory retreat from the elimination examination by Party A's notice) in whatever reason, provided that the damages resulted from negligence by Party B and its employees. If Party B fails to do so timely, Party A has the right to repair the damaged parts. All the expenses thus incurred shall be borne by Party B.
8.10 Party B is entitled to require Party A repairing the Leased Unitswithdrawal buffer period of one month, and the public facilities and equipment, and repair such based on the original standards by itself if Party A fails to perform the obligation of repairing timely and affects the normal use of such. All the expenses thus incurred shall be borne by Party A. The equipment newly added or improved by in which Party B shall continue providing customers with the service under this Agreement and declare the coming termination of the service on its website (WWW/WAP) or via other channels available.
10. Party B must establish effective and smooth complaint channel and deal with and solve any subscriber inquiry and complaint arising from non-network communication problem in the process of providing the service under this Agreement. For the subscriber complaint that both parties cannot have reasonable explanation for, Party B shall act as the final solving party and be repaired liable for the final settlement of such subscriber complaint.
11. For the message service fee paid by subscribers to Party B, in the case where any subscriber refuses paying such message fee or Party A refunds the message fee back to the subscribers in advance due to Party B’s service quality problem or the message fee out of the charging standard of the pricing department etc, Party A is entitled to deduct the equivalent sum from the message fees to be settled and paid to Party B.
12. Party B shall actively market and promote the service under this Agreement and have sufficient customer publicities etc. Any publicities and advertisement content of Party B shall ▇▇▇▇ with “MONTERNET” as required by Party B.A.
13. Party B shall undertake the exclusivity of the cooperation with Party A, i.e. as of the date of this Agreement, Party B shall undertake not to have any the same or similar business with any third party; once Party B does so, Party A shall be entitled to cease the business cooperation of both parties and terminate this Agreement.
Appears in 1 contract
Rights and Obligations of Party B. 8.1 3.1 Party B is entitled shall not sub-contract or assign the program.
3.2 Party B shall not refuse to use provide service for Party A’s allocated program.
3.3 Party B shall strictly execute Party A’s program requirement and reach the Leased Units quota set forth by Party A.
3.4 Party B shall provide hotline service in the name of Party A. Party A shall positively maintain Party A’s reputation and goodwill. Party A shall not make any comment or behavior that may cause damage to the interest of Party A and its users.
3.5 Party B shall not engage in any activities or programs that are not relevant to the Agreement in the name of Party A.
3.6 In the event that complaints from clients due to the attitude or violation of business procedure of Party B’s service personnel, Party A shall have the right to oblige Party B to solve and undertake all the expenses arisen from such complaint. In the event that Party B’s above-mentioned behavior causes any losses to Party A or any third party, Party B shall undertake all liabilities. Party A shall have the right to make deduction from the service fee payment to Party B in accordance with relevant assessment.
3.7 The personnel providing service for Party A shall be legally employed by Party B. Party B guarantees that it will undertake all liabilities in accordance with the Contractlaws and regulations of PRC and will be liable for the duty behavior of Party B’s service personnel. Party B may set shall be liable for all disputes between Party B and its staff. For any losses or negative effect caused by the disputes, Party A shall have the right to claim liquidated damages to Party B at a notable mark on the exit rate of elevators 30~50% of the floor of leasing pursuant to the ▇▇▇evant management regulations total amount of the Corporate SquaresAgreement. The detailed conditions shall be discussed by both Parties.
8.2 Party B shall carry out indemnify for any losses caused to Party A or third party by Party B’s above-mentioned behavior.
3.8 Party B is obliged to go through Party A’s information security check (including client information, basic computer terminal security management, network access, system working number management, business management, etc.) to ensure information security. In the event that complaints from clients arisen from client information security. An amount of RMB5,000 will be deducted from Party B’s final settlement for every complaint. Party A may irregularly inspect Party B’s basic computer terminal security management, network access, system working number management, business activities processing, client information inquiry, etc. in accordance with the Leased Units company’s information security inspection criteria. An amount of RMB500 will be deducted from Party B’s final settlement for every single non-compliant item.
3.9 For any unqualified service caused by Party B, relevant expenses may be deducted from settlement amount. Detailed deduction shall be executed in compliance accordance with laws, regulations Administrative Measures on the Assessment and rules Settlement of Payment for “Beijing Mobile Call Center 10086 Service Outbound Program”.
3.10 In the process of the People's Republic of China and is prohibited to harm Party A's reputation through its activities.
8.3 Party B shall duly make the payments with respect to the rent, property management fee, electricity usage fee and any other charges it shall be responsible for.
8.4 Starting from the Commencement Dateprogram, Party B shall purchase insurance for the properties strictly execute in the Leased Units, including property insurance accordance with Party A’s phone call business operation procedure and third party liability insurance. Otherwise, requirement.
3.11 Party B is obliged to accept quality supervision and not assessment from Party A and shall be solely responsible for all liabilities and lossescoordinate Party A to finish the inbound call program personnel’s quality improvement.
8.5 3.12 Party B shall not alter adjust Party A’s program production and management personnel by itself. Party B shall inform Party A for prior approval for necessary adjustment.
3.13 The site, system and equipment provided by Party B shall satisfy Party A’s requirement on security and technology.
3.14 In the purpose of use event that any unusual situation (e.g., unusually low call completion rate, general complaints from users to a specific problem) or the problem of the Leased Units without consent in writing from program occurs during the process of the program, Party B shall be liable for immediate feedback to Party A.
8.6 3.15 Party B shall undertake confidential liability for the Agreement and the confidential materials and information provided by Party A. Unless approved by Party A’s prior written consent, Party B shall not re-lendleak, subleasedisclose, spread or publicize to any third party. Party B’s confidential liability shall be indefinite and exchange shall not be terminated by termination of the Leased UnitsAgreement.
3.16 Party B guarantees that Party B and its representatives will undertake confidential liability in effective period of the Agreement and after termination of the Agreement. For any breach of this, in whole or part, Party B shall indemnify all losses caused to third parties or allow third parties to use the Leased Units by other means, without consent in writing from Party A.
8.7 A. Party B shall not alter provide or disclose any information (including but not limited to: client materials, all sorts of data and business material, etc.) of Party A in any form.
3.17 Party B shall have the locking and security system right to give reasonable advice on Party A’s business process, rules, standards under the gate Agreement.
3.18 Party B is obliged to pay performance bond within the period stipulated in the Agreement.
3.19 Party B guarantees that it possesses all governmental permits, licenses and/or authorizations for production and/or use to legally perform the Agreement. Party B guarantees that the performance of the Leased Units without consent in writing Agreement will not harm the legal interest of any third party and public common interest. In the event that any third party accuses Party B of infringing any third party’s personal rights, property, intellectual property or other legal rights for the products or services provided by Party B, Party B shall undertake all liabilities and ensure that Party B is exempted from Party A or approval from related departmentsany losses and damages.
8.8 3.20 After Party B’s receipt of Party A’s task checklist, Party B’s program manager shall confirm with signature within 3 working days and spare no effort to ensure the arrangement of production schedule meets Party A’s task checklist. Party B shall not alter refuse to provide service for Party A’s assignment every month. Party A may supplement or move adjust the equipment for usage of water and electricity and shall not enlarge the capacities of central air conditioning, without consent in writing from Party A.
8.9 Party B shall take necessary actions task checklist during execution according to prevent the Leased Units from fires accident or man-made damageoperation needs. Party B shall immediately notify to make sure that it recruits and conducts pre-job trainings in accordance with Party A with respect to any damage of A’s demand and shall make sure that the Leased Unitspersonnel on board within 30 days. In the event that Party B shall restore the damaged parts of the Leased Units to their former condition within one month upon receipt of cannot satisfy Party A's notice, provided that the damages resulted from negligence by Party B and its employees. If Party B fails to do so timely’s demand of personnel, Party A has the right to repair adjust the damaged parts. All the expenses thus incurred shall be borne by Party B.
8.10 Party B is entitled to require Party A repairing the Leased Units, phone call business quota and the public facilities and equipment, and repair such based make deduction in accordance with “Administrative Measures on the original standards by itself if Party A fails to perform the obligation Assessment and Settlement of repairing timely and affects the normal use of such. All the expenses thus incurred shall be borne by Party A. The equipment newly added or improved by Party B shall be repaired by Party B.Payment for Beijing Mobile Call Center 10086 Service Outbound Program”.
Appears in 1 contract
Sources: 10086 Inbound Calls Outsourcing Cooperation Agreement (China Customer Relations Centers, Inc.)
Rights and Obligations of Party B. 8.1 Party B is entitled to use the Leased Units in accordance with the Contract33. Party B may set a notable mark on the exit of elevators of the floor of leasing pursuant request Party A to the ▇▇▇evant management regulations of the Corporate Squares. The detailed conditions deliver channel expansion service fees in accordance with this Agreement and shall provide relevant invoice to Party A and be discussed by both Partiesresponsible for its own taxes and expenses.
8.2 34. Party B shall carry out ensure the authorized business activities in the Leased Units is in compliance with the pricing policies, fee and promotion policies and other policies that Party A releases or amends based on the market circumstances from time to time, and may not breach such standards or policies of Party A during the operation of the authorized business.
35. Customers developed by Party B shall enter into agreements directly with Party A and Party B may not, without Party A’s consent, enter into any agreements that contemplate the authorized business with the customers it develops.
36. Party B may not, without Party A’s written consent, make any promise or representations to customers not consistent with Party A’s policies, or by any means obligates Party A to any restrictions, including any joint liabilities.
37. Party B shall properly develop Party A’s business and services during the operation of the authorized business, and may not mislead customers or misrepresent in any way or charge or provide fee quotes to customers for services that are not included in Party A’s official price list or price schedule.
38. Party B shall actively maintain Party A corporate image during the operation of the authorized business and comply with all applicable laws, regulations and rules of the People's Republic of China and is prohibited to harm Party A's reputation through its ’s administrative policies regarding business and services.
39. Party B shall take instructions and accept supervision regarding business operations from Party A, comply with Party A’s policies and cooperate with Party A’s marketing and promotion activities.
8.3 40. Party B may conduct marketing and promotion activities if it applies for approval to Party A in advance, obtains Party A’s written consent and completes all relevant procedures. Party A may supervise and inspect all relevant activities of Party B. Party B shall duly make report relevant information to Party A periodically about the payments with respect to market where the rent, property management fee, electricity usage fee authorized business is located and any other charges it shall be responsible forthe operations of the authorized business.
8.4 Starting from 41. Party B shall ensure the Commencement Datetruthfulness, completeness, accuracy, safety of customers’ information in accordance with Party A’s relevant customer information management policies and deliver such information to Party A every seven days according to Party A’s filing requirements. If Party B causes damages to Party A where the customer information it provides is untrue or certain information is not registered (including but not limited to payment in arrears, legal disputes, etc.), Party B shall purchase insurance be responsible for the properties in the Leased Units, including property insurance such damages and third party liability insuranceany litigation or disputes arising therefrom.
42. Otherwise, Party B has the obligation to keep confidential the information of the new customers it develops, and may not Party A shall be solely responsible use such information for all liabilities and lossesany purposes that are not contemplated herein by any means.
8.5 Party B shall not alter the purpose of use of the Leased Units without consent in writing from Party A.
8.6 Party B shall not re-lend, sublease, and exchange the Leased Units, in whole or part, to third parties or allow third parties to use the Leased Units by other means, without consent in writing from Party A.
8.7 Party B shall not alter the locking and security system on the gate of the Leased Units without consent in writing from Party A or approval from related departments.
8.8 Party B shall not alter or move the equipment for usage of water and electricity and shall not enlarge the capacities of central air conditioning, without consent in writing from Party A.
8.9 Party B shall take necessary actions to prevent the Leased Units from fires accident or man-made damage43. Party B shall immediately notify to comply with all applicable requirements of Party A with respect to any damage of the Leased UnitsA.
44. Party B shall restore is responsible for the damaged parts operating expenses of the Leased Units authorized business, including but not limited to their former condition within one month upon receipt rentals, internet resource leasing fees, fees paid to the Administration of Industry and Commerce, tax, water and power bills, employee salary, etc. Party B may not, without Party A's notice’s written consent, provided that the damages resulted from negligence by Party B and its employeeschange service provider or sub-contract to a third party. If Party B fails plans to do so timelycease to provide any or all of the authorized business contemplated herein, Party A has the right to repair the damaged parts. All the expenses thus incurred shall be borne by Party B.
8.10 Party B is entitled to require Party A repairing the Leased Units, and the public facilities and equipment, and repair such based on the original standards by itself if Party A fails to perform the obligation of repairing timely and affects the normal use of such. All the expenses thus incurred shall be borne by Party A. The equipment newly added or improved by Party B shall be repaired by notify Party B.A at least three months in advance, the failure of which will entitle Party A to deduct the channel expansion service fees or deposits due to Party B and termination of this Agreement in Party A’s discretion.
Appears in 1 contract
Sources: GSM Business Cooperation Agreement (Loyalty Alliance Enterprise Corp)
Rights and Obligations of Party B. 8.1 Party 5.1 party B is entitled to use shall provide intermediary agency services for the Leased Units leasing of the relevant premises in accordance with the Contractstipulations of this contract. Party B may set a notable mark on shall be responsible for the exit conduct of elevators its staff. In the course of negotiation, party B shall disclose its agency status and shall not make any promise beyond the instructions of party A or engage in any improper conduct such as fraud and/or coercion.
5.2 party B shall submit to Party A for approval the lease application signed by the authorized person and other documents or information (including but not limited to the business information of the floor potential tenant and the business cards of leasing pursuant the staff of party B) completed and sealed by party B’s official seal. Without the prior written approval of Party A, party B shall not sign any document with any third party in the name of party a concerning the lease of the project and/or the related premises, nor shall party B make any undertaking and/or guarantee to the ▇▇▇evant management regulations potential tenant. Party a gives party b the customer protection period of 30 days, from the date of guest.
5.3 after the lease application has been approved by party A, party B is responsible for negotiating the lease details and the terms of the Corporate Squareslease contract with the potential tenant. The detailed conditions shall be discussed by both Parties.
8.2 Party B shall carry out actively urge the business activities potential tenant and Party A to sign the version of the lease contract provided by party A, and urge the potential tenant to pay the full amount due to party a within the time stipulated in the Leased Units in compliance with lawslease contract. Without the prior written consent of party A, regulations and rules party B shall not change any terms of the People's Republic of China and is prohibited to harm lease contract provided by Party A's reputation through its activities.
8.3 Party B shall duly make the payments with respect to the rent, property management fee, electricity usage fee and any other charges it shall be responsible for.
8.4 Starting from the Commencement Date, Party B shall purchase insurance for the properties in the Leased Units, including property insurance and third party liability insurance. Otherwise, Party B and not Party A shall be solely responsible for all liabilities and losses.
8.5 A. Party B shall not alter misdirect, misinterpret and/or distort the purpose of use terms and conditions of the Leased Units without consent in writing from lease contract provided by Party A.
8.6 Party B shall not re-lend, sublease, 5.4 in the case of duplication between the recommended client and exchange the Leased Units, in whole or part, to third parties or allow third parties to use the Leased Units client recommended by other means, without consent agents in writing from Party A.
8.7 Party B shall not alter the locking and security system on the gate respect of the Leased Units without consent in writing from Party A or approval from related departments.
8.8 Party B shall not alter or move the equipment for usage of water and electricity and shall not enlarge the capacities of central air conditioning, without consent in writing from Party A.
8.9 Party B shall take necessary actions to prevent the Leased Units from fires accident or man-made damage. Party B shall immediately notify to Party A with respect to any damage same subject matter of the Leased Units. Party B lease, the two parties shall restore the damaged parts conduct on-site verification of the Leased Units to their former condition within one month upon receipt of Party A's noticeclient’s information; if the client is indeed the same client, provided that the damages resulted from negligence by Party B and its employees. If Party B fails to do so timely, Party party A has the right to repair confirm its ownership according to the damaged parts. All the expenses thus incurred shall be borne by Party B.
8.10 Party B is entitled to require Party A repairing the Leased Units“recommended customer confirmation” which comes into effect earlier, and the public facilities “successful rental” of the subject matter of the lease can be charged the corresponding commission.
5.5 party B shall, at the request of Party A, attend the meetings held by party A at regular intervals and equipmentreport to party a the progress and working conditions of the relevant premises.
5.6 party B shall, within three (3) working days, give a formal reply to party A and propose a solution to any suggestions or suggestions made by Party A, party B shall complete the processing within ten (10) working days.
5.7 party B shall diligently and diligently provide intermediary agency services for party a in accordance with the provisions of this contract, and repair such based on in strict compliance with the original standards by itself if Party A fails requirements of party a (including but not limited to perform the obligation rental budget and tenant selection related requirements) under the premise of repairing timely negotiations and affects work with potential tenants.
5.8 without the normal use prior written consent of such. All the expenses thus incurred party A, party B shall be borne by Party not assign any rights or obligations under this contract to any third party in any form.
5.9 party B’s staff members only have employment relationship with party B, but have no employment relationship with party A. The equipment newly added or improved by Party B shall be repaired by Party B.pay wages, bonuses and take out relevant insurance for its employees in accordance with the requirements of laws and regulations.
5.10 party B shall not violate any laws, regulations, professional ethics and professional ethics in providing intermediary agency services.
Appears in 1 contract
Sources: Agency Service Contract (Building DreamStar Technology Inc.)
Rights and Obligations of Party B. 8.1 I. Party B is entitled shall be responsible for selecting and recommending the Borrower to use Party A, ensuring that the Leased Units information and materials submitted by the Borrower on the Business Platform have been examined in accordance respect of legality, authenticity, accuracy, completeness and effectiveness, and ensuring that the above information and materials are consistent with those submitted by the ContractBorrower.
II. Party B may set a notable mark on shall use its own risk control means to assist Party A in verifying the exit of elevators identity of the floor of leasing pursuant Borrower and take measures to prevent fraudulent acts. If the ▇▇▇evant management regulations of Borrower uses false or forged identities or application materials, provides any false application information or conceals important real information or commits other fraudulent acts, or the Corporate Squares. The detailed conditions shall be discussed business personnel with legal labor relations or employment relations employed by both Parties.
8.2 Party B shall carry assist the Borrower in carrying out the business activities in above acts to obtain the Leased Units in compliance with lawsloans under the Cooperative Business, regulations and rules of or the People's Republic of China and is prohibited Customer denies transactions or refuses to harm Party A's reputation through its activitiespay (including fraud, card theft, fake cards, etc.
8.3 Party B shall duly make ), or the payments with respect issuing bank refuses to pay the rentfunds, property management fee, electricity usage fee and any or other charges it shall be responsible for.
8.4 Starting from the Commencement Dateabnormal transactions occur, Party B shall purchase insurance bear the ultimate responsibilities and repay the corresponding loan funds to Party A, and Party A shall have the right to require Party B to compensate for the properties in direct losses suffered by Party A due to any of the Leased Units, including property insurance and third party liability insuranceabove matters.
III. OtherwiseWhen selecting a face recognition service provider related to Party A’s risk control requirements, Party B and not shall reach an agreement with Party A on the technical capability of the service provider before using such service. If Party B needs to change the service provider, Party B may not make such change until Party A and Party B reach an agreement upon re-evaluation.
IV. Party B shall be solely responsible for all liabilities and lossesproviding Party A with the Borrower’s risk assessment data which are used for providing reference for Party A to grant the loan limit to the Borrower, provided that the provision of such data shall be subject to the effective authorization of the Borrower.
8.5 V. Party B shall ensure that the Loan Contract and other relevant legal documents deployed on the Business Platform are the versions confirmed by the parties hereto. In case of replacement of the versions of the Loan Contract and such legal documents, they shall be deployed on the Business Platform at the time agreed by the parties hereto.
VI. Party B shall ensure that during the valid term of this Agreement, the Product Page of Party A can be opened and browsed normally by the Borrower, and all functions in the Product Page can be realized normally. Party B warrants that it will accurately, completely and timely display the information of the loan products provided by Party A. The contents displayed on the Product Page of Party B will not violate the provisions of laws and regulations or infringe the legitimate rights and interests of any third party. The loan elements displayed externally on the Business Platform related to the loans between Party A and the Borrower, including loan interest rate, loan amount, loan term, credit information, information collection and submission, shall not be displayed on the Business Platform until such loan elements are confirmed and approved by Party A before the first deployment and the replacement of subsequent versions.
VII. No mortgage, pledge, joint ownership or any prior rights shall have been created on the vehicle involved in the the Borrower’s finance leasing business recommended by Party B to Party A. After Party A releases the loans to the Borrower, the Borrower shall not create any mortgage, pledge, joint ownership or other rights on such vehicle, nor shall the Borrower grant, transfer, lease, assign or otherwise dispose of the mortgaged property hereunder, except that the vehicle has been mortgaged to Party A or the partner designated by Party A.
VIII. Party B shall assist Party A in carrying out the post-loan management of Party B and the Borrower, and monitoring the Borrower’s repayment ability and repayment situation after the loans are released, so that Party A can carry out risk management of the Borrower and control the risk of loan default.
IX. When Party A or the external audit institution employed by Party A examines and audits Party B’s relevant business situations involving this business, Party B shall actively cooperate with Party A in carrying out the related work, including but not limited to accepting Party A’s inquiries, providing relevant materials, data, information, etc.
X. Party B shall not alter use the purpose name of use of the Leased Units without consent in writing from Party A.
8.6 A to carry out business activities, nor shall Party B shall not re-lend, subleasecarry out false publicity and exaggerated propaganda on Party A’s loan products, and exchange make promises (including but not limited to promises related to the Leased Unitsterm, in whole or partinterest rate, to third parties or allow third parties to use the Leased Units repayment method) that have not been confirmed by other means, without consent in writing from Party A.
8.7 Party B shall not alter the locking and security system on the gate of the Leased Units without consent in writing from Party A or approval from related departments.
8.8 Party B shall not alter or move the equipment for usage of water and electricity and shall not enlarge the capacities of central air conditioning, without consent in writing from Party A.
8.9 Party B shall take necessary actions to prevent the Leased Units from fires accident or man-made damage. Party B shall immediately notify to Party A with respect to any damage of the Leased Units. Party B shall restore the damaged parts of the Leased Units to their former condition within one month upon receipt of Party A's notice, provided that ’s credit approval to the damages resulted from negligence by Party B and its employees. If Party B fails to do so timely, Party A has the right to repair the damaged parts. All the expenses thus incurred shall be borne by Party B.
8.10 Party B is entitled to require Party A repairing the Leased Units, and the public facilities and equipment, and repair such based on the original standards by itself if Party A fails to perform the obligation of repairing timely and affects the normal use of such. All the expenses thus incurred shall be borne by Party A. The equipment newly added or improved by Party B shall be repaired by Party B.Borrower.
Appears in 1 contract
Sources: Business Cooperation Agreement (Meili Auto Holdings LTD)
Rights and Obligations of Party B. 8.1 (1) Party B’s identity in this contract is:
(2) Whether Party B is entitled belongs to use the Leased Units a small and medium-sized enterprise: ☑ Yes No If so, Party A shall assist and cooperate with Party B in safeguarding its legitimate rights and interests in accordance with the Contract. Regulations on Safeguarding the Payment of Small and Medium-sized Enterprises and relevant laws and regulations.
(3) Party B may set a notable mark on completes outsourcing services in accordance with the exit of elevators outsourcing service specifications and standards agreed by both parties, and accepts Party A. ’s supervision, inspection, assessment and business guidance. For the problems reported by Party A, if the problems can be rectified immediately, the rectification shall be implemented with quality and quantity within 24 hours after Party A’s feedback, and Party A shall be informed in writing of the floor of leasing pursuant to rectification situation; Really not If immediate rectification can be made, the ▇▇▇evant management regulations of the Corporate Squaresrectification measures and rectification time limit shall be proposed within 24 hours, and Party A shall be informed in writing. The detailed conditions shall be discussed by both Partiesrectification is in place within the promised rectification period.
8.2 (4) Party B shall not accept the entrustment of others to carry out the same business activities as this contract within the validity period of this contract and in the Leased Units service area agreed in compliance with laws, regulations and rules of the People's Republic of China and is prohibited to harm Party A's reputation through its activitiesthis contract.
8.3 (5) Party B shall duly make prevent the payments with respect mail from being damaged, and shall not handle the mail by throwing, trampling or other ways that are easy to damage the mail. It shall strictly follow the operating rules of “large instead of small, heavy instead of light, and classified processing”, and shall handle the mail according to the renttype and time limit of the mail separately; Enter the information related to mail collection and delivery services required by Party A in time, property management feeand upload it to the information system designated by Party A. Party B irrevocably promises to waive the lien on the mail, electricity usage fee regardless of whether the mail is damaged or not, regardless of whether Party A or Party A’s customer breaches the contract, Party B has no right to possess or dispose of the mail.
(6) Party B shall complete the mail delivery under this contract in accordance with the delivery methods, delivery frequency, delivery depth and any other charges service specifications stipulated in laws and regulations and this contract and its annexes, and shall not backlog, delay, lose or damage the mail; Ordinary parcels, express parcels, and standard express parcels should be delivered according to the specific address of the recipient on the mail details list. If the recipient is not at the receiving address, the consent of the recipient must be obtained by telephone before they can be delivered to others for collection or delivered to the pick-up point or parcel locker; If the recipient contacts by telephone and requests door-to-door delivery, it must be delivered to door-to-door in time. The delivered mail shall be responsible forprompted to the recipient or its recipient for acceptance; Provide acceptance services for e-commerce packages according to the agreement with the sender; Properly handle undeliverable mail according to regulations.
8.4 Starting (7) Party B shall guide customers to make postage payment by scanning Party A’s corporate payment QR code or remotely online, and shall not use Party B’s employees’ personal WeChat, Alipay, etc. to collect payment; Cash is not allowed to be collected from the Commencement Dateagreement customers. When collecting mail, Party B shall purchase insurance for comply with Party A’s mail tariff control requirements, and shall not arbitrarily lower or raise the properties in tariff standard, and illegal business practices such as high collection and low recording are strictly prohibited.
(8) When Party B’s employees provide services under this contract, they shall wear the Leased Unitssame style of tooling as employees of postal enterprises as required by the postal administration department, including property insurance and third party liability insuranceindicate the name of Party B’s unit, LOG0 or other signs different from those of postal employees on the job number plate. Otherwise, The same style of tooling of postal services shall be issued and recycled by Party B according to Party A’s requirements, and not Party A shall be solely responsible for all liabilities and losses.
8.5 Party B shall not alter continue to use it after the purpose termination of the contract.
(9) When collecting mail, Party B’s employees should use the packaging provided by Party A, and are not allowed to use other packaging by themselves. On the premise of meeting delivery safety, Party A’s packaging operation specifications should be strictly observed to avoid excessive packaging and excessive use of the Leased Units without consent in writing from Party A.adhesive tape.
8.6 (10) Party B shall not re-lendestablish a daily service quality supervision and inspection mechanism, subleaseformulate a peak season service guarantee plan, implement collaborative customer service responsibilities, timely check user complaints and appeals transferred by Party A, and exchange provide effective handling results.
(11) Party B has the Leased Unitsright to obtain the corresponding outsourcing service fee according to the actual completed work volume and assessment situation in accordance with the provisions of this contract.
(12) After the termination or termination of this contract, in whole or part, to third parties or allow third parties to use the Leased Units by other means, without consent in writing from Party A.
8.7 Party B shall return the processing place, equipment and facilities, materials and supplies, business orders, etc. (if any) provided by Party A to Party A at the same time as both parties settle the outsourcing service fee, and shall not alter continue to engage in the locking and security system on business under this contract in the gate name of the Leased Units without consent in writing from Party A or approval from related departments.
8.8 Party A’s partners. After the contract is terminated or terminated, Party B shall not alter or move the equipment actively handle and bear corresponding legal responsibilities for usage of water and electricity and shall not enlarge the capacities of central air conditioning, without consent in writing any legal disputes arising from Party A.B’s engagement in outsourcing projects under this contract.
8.9 (13) Party B shall take necessary actions to prevent ensure that employees have the Leased Units from fires accident or man-made damage. Party B shall immediately notify to Party A with respect to any damage competence suitable for completing the projects under this contract, abide by the rules and regulations, operation procedures and service specifications agreed in this contract, assume the responsibilities and obligations of the Leased Units. Party B shall restore employer for the damaged parts of selected employees, provide employees with labor protection articles that meet relevant standards, sign written labor contracts with the Leased Units to their former condition within one month upon receipt of Party A's noticeselected employees, provided that the damages resulted from negligence by Party B and its employeespay social insurance. If Party B fails or Party B’s personnel cause personal or property damage to do so timelyParty A, a third party or Party A has the right to repair the damaged parts. All the expenses thus incurred B’s employees, all legal responsibilities shall be borne by Party B.
8.10 Party B is entitled to require Party A repairing the Leased Units, and the public facilities and equipment, and repair such based on the original standards by itself if Party A fails to perform the obligation of repairing timely and affects the normal use of such. All the expenses thus incurred shall be borne by Party A. The equipment newly added or improved by (14) Party B shall be repaired provide Party A with the employee roster, and shall inform Party A in writing of any changes 5 days in advance. If it is found that Party B’s employees harm Party A’s interests or are incompetent for outsourcing services, Party B shall replace them within 5 days from the date of discovery or receipt of written notice from Party A, and properly handle follow-up matters.
(15) Party B designates ▇▇▇ ▇▇▇▇▇▇▇ as the project leader, contact information (telephone, email): ▇▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇@▇▇▇▇▇▇.▇▇▇, ID number: ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇. Party B approves and accepts any written documents of this project signed and Confirmation by the project leader. If the person in charge of Party B.B’s project is changed, Party B shall notify Party A in writing 15 days in advance.
Appears in 1 contract
Sources: Business Project Outsourcing Service Contract (Baiya International Group Inc.)
Rights and Obligations of Party B. 8.1 6.1 During the lease term, Party B is entitled shall ensure that it shall conduct its business activities according to use law, and pay the Leased Units in accordance with relevant shared part of the Contractrent, management fee, water, electricity and property management fees. Party B may set a notable mark on shall comply with the exit of elevators of the floor of leasing pursuant to the ▇▇▇evant management regulations of the Corporate Squares. The detailed conditions shall be discussed by both Parties.
8.2 Party B shall carry out the business activities in the Leased Units in compliance with national laws, regulations and rules the property management regulations of Zhichuang Juzhen Shuangchuang Park.
6.2 If Party B must upholster and decorate the Premised without changing the main structure of the People's Republic Premised for the purpose of China its business demand, then it may begin construction after the decoration design plans and is prohibited to harm drawings shall be filed with Party A for record and obtain written consent of Party A's reputation through its activities.
8.3 Party B shall duly make ; the payments with respect to the rent, property management fee, electricity usage fee and any other charges it shall be responsible for.
8.4 Starting from the Commencement Date, Party B shall purchase insurance for the properties in the Leased Units, including property insurance and third party liability insurance. Otherwise, Party B and not Party A shall be solely responsible for all liabilities and losses.
8.5 decoration or upgrading renovation conducted by Party B shall not alter destroy the purpose of use main structure and load-bearing capacity of the Leased Units without consent in writing from Party A.
8.6 Premises, and shall comply with the requirements on fire protection and safety, or else Party B shall not re-lend, subleasesolely bear all personal and property damages and administrative responsibility caused thereby, and exchange the Leased Units, in whole or part, shall be liable for all losses caused to third parties or allow third parties to use the Leased Units by other means, without consent in writing from Party A.A thereby.
8.7 6.3 Party B shall not alter assist Party A in the locking normal inspection and security system on the gate maintenance of the Leased Units without consent in writing from Party A or approval from related departments.
8.8 Party B shall not alter or move the equipment for usage of water and electricity and shall not enlarge the capacities of central air conditioning, without consent in writing from Party A.
8.9 Premises. Party B shall take necessary actions to prevent out the Leased Units from fires accident or man-made damage. Party B shall immediately notify to Party A with respect to any damage property insurance of the Leased Units. Party B Premises and their relevant facilities from the solvent insurance company with good standing, and shall restore maintain the damaged parts validity of such policy within the Leased Units to their former condition within one month upon receipt of Party A's notice, provided that the damages resulted from negligence by Party B and its employeeslease term. If Party B fails to do so timelytimely take out the policy or suspends the insurance in the future, it shall bear the liabilities and losses caused thereby, and shall be liable for all losses (including, without limitation, the damage and loss of the Premises) caused to Party A has the right to repair the damaged parts. All the expenses thus incurred shall be borne by Party B.thereby.
8.10 6.4 Party B is entitled will return the Premises to require Party A repairing pursuant to the Leased Units, and provisions of Article 9.1 after the public facilities and equipment, and repair such based on expiration of the original standards by itself if Party A fails to perform the obligation of repairing timely and affects the normal use of such. All the expenses thus incurred shall be borne by Party A. The equipment newly added or improved by lease term.
6.5 Party B shall not create any mortgage, guarantee and other encumbrances on the Premises in dealing with others.
6.6 Party B shall solely be repaired by liable for the labor disputes, employment labor management, social security, family planning, public security, taxation, industry and commerce, customs, security, fire protection, power supply, insurance and other liabilities occurring when Party B.B uses the Premises for operation, and shall compensate for all losses caused to Party A thereby.
Appears in 1 contract
Sources: Premises Rental Contract (Wunong Net Technology Co LTD)
Rights and Obligations of Party B. 8.1 Party B is entitled to use the Leased Units in accordance with the Contract. Party B may set a notable mark on the exit of elevators of the floor of leasing pursuant to the th▇ ▇▇▇evant levant management regulations of the Corporate Squares. The detailed conditions shall be discussed by both Parties.
8.2 Party B shall carry out the business activities in the Leased Units in compliance with laws, regulations and rules of the People's Republic of China and is prohibited to harm Party A's reputation through its activities.
8.3 Party B shall duly make the payments with respect to the rent, property management fee, electricity usage fee and any other charges it shall be responsible for.
8.4 Starting from the Commencement Date, Party B shall purchase insurance for the properties in the Leased Units, including property insurance and third party liability insurance. Otherwise, Party B and not Party A shall be solely responsible for all liabilities and losses.
8.5 Party B shall not alter the purpose of use of the Leased Units without consent in writing from Party A.
8.6 Party B shall not re-lend, sublease, and exchange the Leased Units, in whole or part, to third parties or allow third parties to use the Leased Units by other means, without consent in writing from Party A.
8.7 Party B shall not alter the locking and security system on the gate of the Leased Units without consent in writing from Party A or approval from related departments.
8.8 Party B shall not alter or move the equipment for usage of water and electricity and shall not enlarge the capacities of central air conditioning, without consent in writing from Party A.
8.9 Party B shall take necessary actions to prevent the Leased Units from fires accident or man-made damage. Party B shall immediately notify to Party A with respect to any damage of the Leased Units. Party B shall restore the damaged parts of the Leased Units to their former condition within one month upon receipt of Party A's notice, provided that the damages resulted from negligence by Party B and its employees. If Party B fails to do so timely, Party A has the right to repair the damaged parts. All the expenses thus incurred shall be borne by Party B.
8.10 Party B is entitled to require Party A repairing the Leased Units, and the public facilities and equipment, and repair such based on the original standards by itself if Party A fails to perform the obligation of repairing timely and affects the normal use of such. All the expenses thus incurred shall be borne by Party A. The equipment newly added or improved by Party B shall be repaired by Party B.
Appears in 1 contract
Rights and Obligations of Party B. 8.1 3.1 Party B is entitled shall apply for an independent “Baidu Promotion” account for each “Baidu Promotion” Client. The Client’s information shall be true and valid. Supporting documents of the Client to use the Leased Units prove effective subject qualification and legitimate operation in accordance with the Contractrelated industries, such as business license, are also required. Party B may set a notable mark will conduct daily management on the exit of elevators of the floor of leasing pursuant to the ▇▇▇evant management regulations of the Corporate Squares. The detailed conditions shall be discussed by both Partiesits Clients, including account opening, top-up, renewal and contact.
8.2 3.2 Party B shall carry out first check the business activities in qualifications and other materials and information of Clients it provides to Party A for Baidu Promotions, and shall assume independent and full responsibility for the Leased Units in compliance with lawsauthenticity, regulations legality, validity and rules accuracy of all kinds of materials and information provided by it. At the People's Republic of China and is prohibited to harm Party A's reputation through its activities.
8.3 Party B shall duly make the payments with respect to the rent, property management fee, electricity usage fee and any other charges it shall be responsible for.
8.4 Starting from the Commencement Datesame time, Party B shall purchase insurance for warrant that the properties in information provided to Party A is true and lawful, and that Party A’s use of such information will not infringe the Leased Unitslegitimate rights and interests of any third party. If the above information is changed, including property insurance and third party liability insurance. Otherwise, Party B and not Party A shall be solely responsible for all liabilities notified immediately. Where Party A makes any compensation to netizens owing to fraud and losses.
8.5 Party B shall not alter the purpose of use other acts of the Leased Units without consent in writing from Party A.
8.6 Party B shall not re-lend, sublease, and exchange the Leased Units, in whole or part, to third parties or allow third parties to use the Leased Units by other means, without consent in writing from Party A.
8.7 Party B shall not alter the locking and security system on the gate of the Leased Units without consent in writing from Party A or approval from related departments.
8.8 Party B shall not alter or move the equipment for usage of water and electricity and shall not enlarge the capacities of central air conditioning, without consent in writing from Party A.
8.9 Party B shall take necessary actions to prevent the Leased Units from fires accident or man-made damage. Party B shall immediately notify to Party A with respect to any damage of the Leased Units. Party B shall restore the damaged parts of the Leased Units to their former condition within one month upon receipt of Party A's notice, provided that the damages resulted from negligence Clients developed by Party B and its employees. If Party B fails to do so timelyB, Party A has the right to repair recover the damaged parts. All the expenses thus incurred shall be borne by compensation from Party B.
8.10 3.3 The Clients developed by Party B is entitled to require shall comply with the provisions of national laws and regulations and shall not violate Party A’s rules and regulations.
3.4 Party B shall actively expand sales business of online release. It shall sign the Online Promotion Service Contract and Online Release Service Contract with Party A repairing five working days before commencement of the Leased Unitsinformation release plan for each release, indicating the release form, time, location, content, price and other specific items, and the public facilities and equipment, and repair such based on the original standards by itself if provide Party A fails with such contracts and complete information required to perform the obligation of repairing timely and affects the normal use of such. All the expenses thus incurred shall be borne by Party A. release.
3.5 The equipment newly added or improved release content provided by Party B shall be repaired by true and lawful, and shall not be fraudulent, deceive or mislead consumers, or violate laws and regulations of the People’s Republic of China, public morals and the legitimate interests of any third party. The contents and pictures to be released shall conform to relevant laws. Otherwise, Party B.A has the right to refuse false or illegal contents to be released, and Party B shall bear the legal liability arising from the released contents.
3.6 Party B is obligated to inform Party A of the feedback from its Clients in a timely manner so that Party A can give immediate response.
3.7 Party B shall promptly pay the fees for release services, calculation of which shall be subject to the provisions of Clause 4 (Payment Amount and Payment Term).
Appears in 1 contract
Sources: Distributor Cooperation Contract (iClick Interactive Asia Group LTD)
Rights and Obligations of Party B. 8.1 13.1 Party B represents that it is entitled to use a company legally established, validly existing and well-operated under the Leased Units in accordance with laws of the ContractPRC. Party B may set a notable mark on the exit has obtained all rights and powers to officially and effectively sign and perform this Agreement. Party B’s signing and performance of elevators this Agreement do not constitute any violation of the floor existing laws, regulations, rules or Party B’s articles of leasing pursuant to the ▇▇▇evant management regulations of the Corporate Squaresassociation. The detailed conditions shall be discussed by both Parties.
8.2 Party B shall carry out warrants that the business activities in operated by it falls within the Leased Units in compliance scope of Party B’s business license and other licenses, and that the above valid approvals are maintained throughout the Lease Term. Party B warrants that it complies with the laws, regulations and rules of the People's Republic State, accepts the supervision of China relevant administrative organs, carries out business activities according to law, and is prohibited to harm hangs or posts legitimate licenses at conspicuous places of its business premises; and warrants that it will not take up unfair competition, or sell counterfeit or shoddy goods, or take up business activities in the name of Party A's reputation through its activities.
8.3 Party B shall duly make the payments with respect to the rent, property management fee, electricity usage fee and any other charges it shall be responsible for.
8.4 Starting from the Commencement Date; otherwise, Party B shall purchase insurance be liable and compensate for the properties all losses caused thereby (including any claims and relevant administrative punishments thereby imposed on Party A, and various expenses incurred by Party A and Party B for handling such events).
13.2 Party B shall establish measures such as fire control, anti-theft, public order and sanitation in the Leased UnitsTarget Property, including comply with property insurance management regulations, maintain public management order, and third party liability insurance. Otherwise, Party B and not Party A shall be solely responsible for all liabilities and lossesensure the safety of the property.
8.5 13.3 Party B shall not alter change the leasehold purpose of use of the Leased Units without consent Target Property as stipulated in writing from Party A.
8.6 Party B shall not re-lend, sublease, and exchange the Leased Units, in whole or part, to third parties or allow third parties to use the Leased Units by other means, without consent in writing from Party A.
8.7 Party B shall not alter the locking and security system on the gate of the Leased Units without consent in writing from Party A or approval from related departments.
8.8 Party B shall not alter or move the equipment for usage of water and electricity this Agreement and shall not enlarge use the capacities of central air conditioning, without consent in writing from Party A.
8.9 Party B shall take necessary actions to prevent the Leased Units from fires accident or man-made damageTarget Property for illegal activities. Party B shall immediately notify pay the rental, property management fees and other public utility expenses in time.
13.4 In the event of relocation, requisitioning, etc. ordered by a government, if the government compensates the requisitioned party, Party A shall assist Party B to obtain the governmental compensation, or Party A shall consult with Party B and pay a legally deserved part of the compensation to Party A with respect B within three business days after the date of receiving the part legally attributable to any damage Party B from the government.
13.5 During the occupation of the Leased UnitsTarget Property, Party B shall abide by the laws and regulations related to fire control and environment protection of the Chinese Government and Beijing Municipality, and Party B shall be responsible for equipping the leased units with portable fire extinguishers that meet the quantity required by the fire management regulations, and taking appropriate measures to reduce air, noise or other pollution.
13.6 Electric current load and power availability assurance
(a) Party B may apply to the power supply bureau to become a direct customer of the power supply bureau, namely, a direct power supply account or a high-voltage self-management account. Party A shall cooperate with Party B in the above work, including but not limited to, providing corresponding routes, issuing relevant documents, evidential materials, affixing seals, etc. without charging additional fees;
(b) Party A shall promptly notify Party B upon receiving a power blackout notice from the superior transformer substation.
13.7 Party A agrees that Party B may install Party B’s logo on the outer wall and roof of the Target Property, provided that the logo scheme is subject to approval of Party A and approval of the competent governmental authority. Party B shall restore ensure the damaged parts safety of the Leased Units to their former condition within one month upon receipt of Party A's notice, provided that the damages resulted from negligence by Party B installed logo and its employees. If Party B fails to do so timely, Party A has the right to repair the damaged parts. All the expenses thus incurred shall be borne by Party B.
8.10 Party B is entitled to require Party A repairing responsible for going through the Leased Units, and the public facilities and equipment, and repair such based on the original standards by itself if Party A fails to perform the obligation of repairing timely and affects the normal use of such. All the expenses thus incurred shall be borne by Party A. The equipment newly added or improved by Party B shall be repaired by Party B.approval formalities at its own expenses.
Appears in 1 contract
Rights and Obligations of Party B. 8.1 Party B shall deliver to Party A true and authentic Business Licenses for Providing Information Service via Internet or Telecommunication Value-added Services, Qualification Certificates, Business License, resources of information and Bank Account. It shall also deliver any documents to prove that it is qualified to do the business of a specific Value-added Service. Party B shall ensure that the rates for charge of the Value-added Services meet the stipulations of competent Bureau of Commodity Price. Party B is entitled to use responsible for the Leased Units in accordance with the Contract. Party B may set a notable mark on the exit content of elevators Value-added Services, construction and maintenance of the floor of leasing pursuant to service platforms (excluding the ▇▇▇evant management regulations of the Corporate Squaresplatforms supplied by Party A). The detailed conditions shall be discussed by both Parties.
8.2 Party B shall carry out the business activities marketing promotion and customer service of the Value-added Service. Party B shall comply with the requirements stipulated by Party A in the Leased Units in compliance with Service Specifications, Management Methods, Performance Criteria, Operation and Maintenance Specifications, Customer Service Quality Standards and all modifications to such documents from time to time. Party B shall strictly observe the state laws, regulations and rules of national policies on the People's Republic of China information industry, and is prohibited to harm Party A's reputation through its activities.
8.3 Party B shall duly make ensure that the payments with respect to the rent, property management fee, electricity usage fee and any other charges it shall be responsible for.
8.4 Starting from the Commencement Date, Party B shall purchase insurance for the properties in the Leased Units, including property insurance and third party liability insurance. Otherwise, Party B and not Party A shall be solely responsible for all liabilities and losses.
8.5 relevant content supplied by Party B shall not alter violate such laws, regulations and national policies on the purpose of use of the Leased Units without consent in writing from Party A.
8.6 information industry. Party B shall not reviolate the stipulations in the Guarantee for the Information Security and Statement for Anti-lend, sublease, and exchange the Leased Units, in whole or part, to third parties or allow third parties to use the Leased Units by other means, without consent in writing from Party A.
8.7 Party B shall not alter the locking and security system on the gate of the Leased Units without consent in writing from Party A or approval from related departments.
8.8 Party B shall not alter or move the equipment for usage of water and electricity and shall not enlarge the capacities of central air conditioning, without consent in writing from Party A.
8.9 Party B shall take necessary actions to prevent the Leased Units from fires accident or man-made damageCommercial Bribe. Party B shall immediately notify pre-examine the information and contents which will be provided to the customers (including the information and contents edited by the customers or uploaded by them in Party A with respect to any damage B’s website), ensuring that the information and contents are healthy, lawful and not vulgar. Any violation of the Leased Units. Party B shall restore the damaged parts of the Leased Units to their former condition within one month upon receipt of Party A's notice, provided that the damages resulted from negligence by Party B and its employees. If Party B fails to do so timely, Party A has the right to repair the damaged parts. All the expenses thus incurred shall be borne by Party B.
8.10 Party B is entitled to require Party A repairing the Leased Units, and the public facilities and equipment, and repair such based on the original standards by itself if Party A fails to perform the obligation of repairing timely and affects the normal use of such. All the expenses thus incurred shall be borne by Party A. The equipment newly added or improved above-mentioned provisions by Party B shall be repaired deemed as a fundamental breach. Party B shall use its user name and password to log in the Service System for Cooperation to apply for the registration of its Value-added Services, to maintenance the company information of Party B and communicate with Party A about the performance of Value-added Services. Party B shall truthfully register or timely update the information about its company name, designated bank and bank account, contact person and customer services, and shall preserve in an appropriate way at its own cost the information generated by the Service System for Cooperation in relation to the fulfillment of contracts with Party A, payments, Complaint and Default handling. Party B shall appropriately keep its user name and password for logging in the Service System for Cooperation, and shall not allow any other third party to use its name and password. If the user name and password are known by others due to the Defaults of Party B, and it has caused any loss to Party A, Party B or customers, Party B shall assume all relevant losses. If Party B wishes to apply for any New value-added Service or make any changes to the existing Services, it shall render a written application to Party A or submit a valid application in the Service System for Cooperation, and provide certificates to prove that it is qualified to provide such Service. Any item of the Value-added Service which is expected to be carried out by Party B.B must pass all necessary technical tests before Party B supplies such Service to public. If Party B can not pass the tests required by Party A on its own reasons, the application shall become invalid. Party B shall re-submit an application for providing such Service if it wishes to carry out such Service in the future. Party B shall provide to Party A the network interface and authority for Party A to provide inquiries and cancellation service to customers; and upon request by Party A, it shall provide Party A with data as to market development, classification of customers, and the habits of customers to use the Value-added Services and the forecast or report of such Services. Part B shall deliver the customer data to Party A to facilitate Party A to manage such Services and update the customer database in a timely manner. During the Term of this Agreement, Party B shall establish a separate database for the customers of Party A. Such database shall be independent from the database for other customers of Party B. Party B shall not make use of the channels of Party A or make use of the Value-added Services of Party A in various levels of Party A's network to connect or link with the networks of any third party. It shall not make use of the Value-added Services of Party A in any manner to connect or link with the networks of any third party in a disguised form. Party B shall be responsible for the safety and legality of the content and service provided to customers, and ensures that the services it provides is free from any hidden danger which may damage the mobile communication network and Value-added Service platform of Party A or the interests of any other third party. Party B shall compensate any and all losses incurred by Party A and/or the third party due to its violation of the above-mentioned provisions, and shall publicly state its responsibility in an appropriate way to eliminate the adverse effects to Party A. When providing the Value-added Services to customers, Party B shall not cause the customers to customize services and collect relevant charges, or cause unnecessary extra burden to the customers in any manner, including but not limited to in the manner of constraint, enticement, cheat or deception of customers. When providing Value-added Services to customers, Party B shall not do any act specified in Annex II hereto—Default Act, or engage in any act detrimental to the interests of Party A and/or the customers. Party B shall undertake and pay all taxes and fees which are imposed by relevant tax authorities on Party B in relation to the conclusion and performance of this Agreement by Party B in accordance with Chinese laws and regulations. Party B shall deliver invoices to Party A when Party A pays the compensation for Value-added Services of Party B according to the provisions of the Agreement.
Appears in 1 contract
Rights and Obligations of Party B. 8.1 1. Party B must adhere to all relevant laws, regulations, and property management guidelines of Datang Science and Technology Industrial Park B is responsible for independently obtaining the necessary licenses and permits for its business operations and assumes all associated risks. Party A shall not bear any liability in this regard. Party B is entitled obligated to use the Leased Units conduct its business activities in accordance with the Contractlaw, fulfill tax obligations, and operate in a civilized manner. All claims, liabilities, disputes, and expenses arising from the operation and use of the premises after its delivery shall be the sole responsibility of Party B. If Party B’s actions result in damages or losses to Party A or others, Party A reserves the right to unilaterally terminate this contract.
2. Following the execution of this contract, Party B must occupy and use the premises on or before May 25, 2023, and ensure that it is utilized for the purpose specified in Article 1, Clause 3 of this contract. Failure to do so will constitute a breach of contract by Party B, allowing Party A to terminate this contract. Party B may set a notable mark on will be liable for any resulting damages.
3. Concurrently with the exit signing of elevators of the floor of leasing pursuant this contract, Party B is required to enter into agreements related to property management and diligently adhere to the ▇▇▇evant management fire safety regulations of established by relevant governmental authorities. During the Corporate Squares. The detailed conditions shall be discussed by both Parties.
8.2 Party B shall carry out the business activities in the Leased Units in compliance with laws, regulations and rules of the People's Republic of China and is prohibited to harm Party A's reputation through its activities.
8.3 Party B shall duly make the payments with respect to the rent, property management fee, electricity usage fee and any other charges it shall be responsible for.
8.4 Starting from the Commencement Datecontract term, Party B shall purchase insurance assume full responsibility for any property losses or personal injuries suffered by third parties due to fire safety hazards within the properties leased unit.
4. Party A, taking into consideration the nature of Party B’s industry, its scale, and overall capabilities, as well as the demonstrated impact of Party B’s presence in the Leased Unitspark, including property insurance agrees to lease the premises to Party B under the terms specified in this contract. Party B acknowledges and third party liability insuranceconfirms its understanding of this agreement. OtherwiseParty B also agrees to provide priority support and cooperation for visits and receptions by government officials and important clients, as informed by Party A in advance.
5. During the lease period, if Party A encounters any of the following situations, Party B and not may unilaterally terminate the lease contract. In such cases, Party A shall be solely responsible for all liabilities and losses.
8.5 is obligated to compensate Party B shall not alter for relocation expenses, renovation costs, previously paid rent, and other financial losses. Additionally, Party A must fully refund all types of deposits paid by Party B.
(1) Failure to deliver the purpose leased premises to Party B for occupancy on time;
(2) Lack of legal right to use the leased premises;
(3) Inability of Party B to conduct normal operations due to a change in property ownership of the Leased Units without consent leased premises;
(4) Seizure of the leased premises due to unlawful actions by Party A;
(5) Violation of other terms and conditions of this contract by Party A, resulting in writing from significant financial losses to Party B;
(6) Inability to fulfill this Agreement due to other reasons on the part of Party A.
8.6 6. Party B, ensuring safety, may apply to Party A for the installation of billboards on the street-facing exterior of the leased property in accordance with Party A’s property management regulations. Additionally, Party B shall not re-lend, sublease, may establish directional signage within the park and exchange the Leased Units, in whole or part, to third parties or allow third parties to use the Leased Units by other means, without consent in writing from Party A.
8.7 elevators. If Party B shall not alter the locking and security system on the gate wishes to conduct advertising or organize public relations activities outside of the Leased Units without consent in writing leased unit, Party B must first submit a written request to Party A and obtain written approval from Party A before proceeding with such advertising or approval from related departmentspublic relations activities. The associated costs shall be mutually determined through separate negotiations. Any advertising or promotional activities outside of the leased unit are prohibited without prior approval.
8.8 7. During the lease period, any facilities within the leased unit that are invested in by Party B and subsequently damaged shall not alter or move be the equipment for usage responsibility of water and electricity and shall not enlarge the capacities of central air conditioning, without consent in writing from Party A.
8.9 Party B shall take necessary actions to prevent repair. Party B is also responsible for the Leased Units removal of industrial waste and scrap generated within the leased unit from fires accident the industrial park.
8. Throughout the lease period, Party B must ensure safety, fire prevention, and maintain hygiene and epidemic prevention within the leased unit. Party B must adhere to local government regulations pertaining to fire safety, public security, health, environmental protection, family planning, and the management of transient populations. Party B is prohibited from constructing attics, engaging in open-flame cooking, or man-made damageresiding within the premises. Adequate firefighting equipment must be provided within the leased premises, and fire escape routes must remain unobstructed. Party B shall immediately notify bear all economic and legal responsibilities for any accidents, including but not limited to safety incidents, fires, flooding, epidemics, etc., that occur within the leased unit during the lease term.
9. During the lease period, Party A with respect to any damage B is responsible for the proper maintenance and use of the Leased Unitspremises. Any damage resulting from improper usage or neglectful maintenance by Party B shall restore require Party B to cover the damaged parts costs of repair and compensation.
10. Throughout the Leased Units lease period, Party B must adhere to their former condition within one month upon receipt of Party A's notice’s standardized management practices and environmental requirements for the project in which the leased unit is situated.
11. If, provided that during the damages resulted from negligence by Party B and its employees. If lease period, Party B fails to do so timelypay rent in accordance with the agreed-upon amount and schedule stipulated in this contract, it will be considered a breach of contract. In cases where Party B genuinely requires early termination of the contract and surrender of the lease due to exceptional circumstances, Party B must provide written notice to Party A at least 30 days in advance. Such termination is subject to Party A’s written approval, and the performance deposit will not be refunded to Party B. Upon handing over the premises, Party B must ensure that the premises are in a clean and fully intact condition, immediately suitable for re-rental. Any fixtures or equipment that have been affixed to the walls, floors, or ceilings during Party B’s tenancy, including air conditioning units and lighting fixtures, become the property of Party A if they are removed, causing damage to the premises.
12. Party B acknowledges that it has a clear understanding of the right permitted usage, site conditions, facilities, and engineering status of the property, as well as property rights, fire regulations, water and electricity services, elevators, and other relevant conditions. Party B agrees not to repair make any claims to Party A during the damaged partslease period based on the aforementioned conditions, asserting that it is unable to obtain relevant licenses or that its normal use of the property is affected, thereby necessitating a postponement of the rent-free period, refund of the security deposit, or compensation.
13. All the expenses thus incurred shall be borne by Party B.
8.10 Party B is entitled prohibited from storing flammable, explosive, poisonous, radioactive materials, prohibited items, or any items that may pose a threat to require the security of the premises or the park in which the premises are located within the leased unit. Additionally, Party B may not obstruct any entrances, exits, staircases, platforms, passages, elevators, lobbies, or other public areas.
14. In cases where Party B’s negligence or fault (including but not limited to failing to take appropriate measures under adverse weather conditions, etc.) results in damage to any facilities or installations (such as doors, windows, glass, electrical wiring, or other equipment) within the leased unit, thereby causing losses to Party A repairing the Leased Unitsor a third party, and the public facilities and equipment, and repair such based on the original standards by itself if Party A fails to perform the obligation of repairing timely and affects the normal use of such. All the expenses thus incurred shall be borne by Party A. The equipment newly added or improved by Party B shall be repaired by responsible for compensating the losses incurred.
15. Upon the expiration of the contract, Party B.B shall have the right to renew the contract under the same conditions on a priority basis.
16. After the contract’s expiration, if Party A renews the contract with the property owner, Party B shall enjoy the same lease term and rental conditions as those agreed upon in Party A’s renewed contract.
Appears in 1 contract