Rights and Obligations of Party B. 11.1 Party B shall have the right to request Party A to provide relevant documents evidencing his legal identity. 11.2 Party B shall have the right to request Party A to provide financial reports and other documents reflecting his credit standing. 11.3 In any of the following conditions, Party B shall have the right to legally dispose the Mortgage: 11.3.1 Party B does not receive the discharge upon the expiration of the time for re-paying in part or in whole the principal of the obligation under the Main Contracts or the interest thereupon; 11.3.2 When any of the conditions specified in Article 10.5 herein occurs and Party A fails to separately provide corresponding guarantee; 11.3.3 Other circumstances under which Party B can realize its creditor’s rights earlier as per the provisions of the Main Contracts; 11.3.4 Other circumstances under which Party B can realize hypothecation as per the provisions herein. 11.4 If it is agreed to dispose the Mortgage earlier as per the provisions in this Contract, Party A agrees that Party B shall have the right to dispose the proceeds from the disposal of the Mortgage in the following means: I. Use it to pay off the principals and interest thereupon under the Main Contracts and relevant expenses; II. Transfer it into term deposit and mortgage the deposit receipt; III. Deposit it with a third party designated by Party B; 11.5 In any of the following conditions, Party B shall have the right to dispose the Mortgage earlier and get paid first from the proceeds from the disposal: 11.5.1 Party B legally dissolve the Main Contracts as per the provisions thereof, provided that the main obligations under the mortgage contract have been incurred in part or in whole and have not been performed in full; 11.5.2 When Party B requests the Debtor to perform his obligations earlier as per the provisions of the Main Contracts and the creditor’s rights under the Main Contracts cannot be realized or cannot be realized in whole. 11.6 Party B shall have the right to request Party A to assist Party B in protecting the hypothecation from being infringed by any third party. 11.7 Unless otherwise specified by any laws, regulations and/or financial rules, Party B shall keep confidential of the undisclosed information contained in any and all relevant documents, financial reports and other relevant documents submitted by Party A during the performance of his obligations hereunder; 11.8 If Party B needs to legally transfer the principal creditor’s rights, it shall give a notice to Party A in time; 11.9 After the hypothecation is realized, Party B shall does its best efforts to cooperate Party A in exercising his right of recovering the Mortgage from the creditor. 11.10 The balance of the proceeds from disposal of the Mortgage hereunder after repayment of all the obligations within the scope of mortgage & guarantee hereunder shall be returned to Party A.
Appears in 2 contracts
Samples: Maximum Amount Mortgage Contract (ReneSola LTD), Maximum Amount Mortgage Contract (ReneSola LTD)
Rights and Obligations of Party B. 11.1 7.1 Party B shall have the right following rights:
7.1.1 To draw down and use the whole of the Loan according to request this Contract;
7.1.2 To refuse to accept any conditions other than those set forth herein;
7.1.3 To assign the debts to a third party after obtaining consent from Party A to provide relevant documents evidencing his legal identity.A.
11.2 7.2 Party B shall have undertake the right to request following obligations:
7.2.1 It shall provide such true documents and materials as Party A requires and the information on all its bank accounts, including the banks with which Party B maintains such accounts, the account numbers and the balances of its deposits and loans, and it shall also give cooperation in Party A's investigations, reviews and examinations;
7.2.2 It shall accept Party A’s supervision over its use of credit facilities, operations and financial activities;
7.2.3 It shall use the Loan for the purpose prescribed in this Contract;
7.2.4 It shall make timely and full payment of the principal and interest of the Loan as agreed herein;
7.2.5 It shall obtain written consent from Party A before transferring the debts hereunder, in whole or in part, to provide financial reports and other documents reflecting his credit standing.a third party;
11.3 In 7.2.6 It shall forthwith notify Party A of any occurrence of the following conditionsevents and make every effort to take measures, on Party B shall have A's demand, for securing timely and full payment of the right to legally dispose principal and interest of the MortgageLoan and all other relevant expenses hereunder:
11.3.1 Party B does not receive the discharge upon the expiration of the time for re-paying in part 7.2.6.1 It suffers grave financial loss, asset damage or in whole the principal of the obligation under the Main Contracts or the interest thereuponother financial distress;
11.3.2 When any 7.2.6.2 It offers a loan or guarantee or puts its property (right) in mortgage (pledge), for the benefits of the conditions specified in Article 10.5 herein occurs and Party A fails to separately provide corresponding guarantee;
11.3.3 Other circumstances under which Party B can realize its creditor’s rights earlier as per the provisions of the Main Contracts;
11.3.4 Other circumstances under which Party B can realize hypothecation as per the provisions herein.
11.4 If it is agreed to dispose the Mortgage earlier as per the provisions in this Contract, Party A agrees that Party B shall have the right to dispose the proceeds from the disposal of the Mortgage in the following means:
I. Use it to pay off the principals and interest thereupon under the Main Contracts and relevant expenses;
II. Transfer it into term deposit and mortgage the deposit receipt;
III. Deposit it with a third party designated by Party Bor to keep that party harmless to any loss;
11.5 In any 7.2.6.3 Occurrence of the following conditionschanges like amalgamation (merger), Party B shall have the right to dispose the Mortgage earlier and get paid first from the proceeds from the disposal:
11.5.1 Party B legally dissolve the Main Contracts as per the provisions thereofdivision, provided that the main obligations under the mortgage contract have been incurred in part or in whole and have not been performed in fullreorganization, equity (cooperative) joint venture, transfer of equity, transformation into shareholding company, etc.;
11.5.2 When Party B requests 7.2.6.4 It winds up its business, has its business license revoked or cancelled, has filed or been presented the Debtor to perform his obligations earlier as per the provisions of the Main Contracts bankruptcy or dissolution petition and the creditor’s rights under the Main Contracts cannot be realized so forth;
7.2.6.5 Its controlling shareholder and other affiliates suffer great difficulty in business or cannot be realized in whole.financial condition which affects its normal operation;
11.6 Party B shall have the right to request Party A to assist Party B in protecting the hypothecation from being infringed by any third party.7.2.6.6 It concludes material connected transactions with its controlling shareholder and other affiliates which affect its normal operation;
11.7 Unless otherwise specified by any laws, regulations and/or financial rules, Party B shall keep confidential of the undisclosed information contained 7.2.6.7 It is involved in any and all relevant documentslitigation or arbitration or imposed on any criminal or administrative penalty, financial reports and other relevant documents submitted by Party A during the performance of his obligations hereunderhaving material adverse effects on its business or property;
11.8 If Party B needs 7.2.6.8 Other material events which are likely to legally transfer the principal creditor’s rights, it shall give a notice to Party A in time;
11.9 After the hypothecation is realized, Party B shall does affect its best efforts to cooperate Party A in exercising his right of recovering the Mortgage from the creditorsolvency take place.
11.10 The balance of the proceeds from disposal of the Mortgage hereunder after repayment of all the obligations within the scope of mortgage & guarantee hereunder shall be returned to Party A.
Appears in 2 contracts
Samples: Loan Contract (Winner Medical Group Inc), Loan Contract (Winner Medical Group Inc)
Rights and Obligations of Party B. 11.1 1. Party B shall have has the right to request require Party A to provide relevant documents evidencing his legal identity.
11.2 Party B shall have repay the right to request principal, interest of the loan and costs periodically and fully, excise other rights agreed in this Agreement, and require Party A to provide financial reports and fulfill other documents reflecting his credit standing.
11.3 In any of the following conditions, Party B shall have the right to legally dispose the Mortgage:
11.3.1 Party B does not receive the discharge upon the expiration of the time for re-paying in part or in whole the principal of the obligation under the Main Contracts or the interest thereuponobligations hereunder;
11.3.2 When any 2. To grant the loan in accordance with the principles of this agreement, except the conditions specified in Article 10.5 herein occurs and delay caused by Party A fails or other reasons which are not imputable to separately provide corresponding guarantee;
11.3.3 Other circumstances under which Party B can realize its creditor’s rights earlier as per the provisions of the Main Contracts;
11.3.4 Other circumstances under which Party B can realize hypothecation as per the provisions herein.
11.4 If it is agreed to dispose the Mortgage earlier as per the provisions in this Contract, Party A agrees that Party B shall have the right to dispose the proceeds from the disposal of the Mortgage in the following means:
I. Use it to pay off the principals and interest thereupon under the Main Contracts and relevant expenses;
II. Transfer it into term deposit and mortgage the deposit receipt;
III. Deposit it with a third party designated by Party B;
11.5 In any of 3. Treat the following conditionsbusiness secrets about the financial information and business conditions provided by Party A in strict confidence except that the law and administrative regulations otherwise provide, authority departments otherwise require or otherwise agreed by both parties;
4. Party B shall not provide bribes to Party A or its staff, or ask for and receive its bribes;
5. Party B shall not have the acts that is dishonest or damage Party A’s legal interests.
1. Signature and implementation of the obligations in this Agreement by Party A complies with laws, administrative regulations, rules and provisions of Party A’s rules or internal documents, and has obtained the approval by Party A’s internal competent authority or national competent authority.
2. In the course of signing and implementing this Agreement, Party A scrupulously abides by the principles of honesty and trustworthiness, and all materials, documents and information about itself and guarantee provided to Party B is true, valid, accurate and complete without any concealment or omission.
3. Party A guarantees its credit status is good without significant bad record.
4. In working capital loan, Party A promises the loan will not be used in fixed assets and equity investment, not used in the fields and applications that the country forbids to produce and operate;
5. Party A confirms that it will not make stock right transfer, investment abroad, substantial increasing of debt financing and other behaviors without written consent of Party B;
6. Party B has the right to dispose make field or non-field due diligence to Party A, make inspection to Party A’s operation state, financial condition, loan using and repayment after the Mortgage earlier loan, and get paid first from the proceeds from the disposal:
11.5.1 Party A has obligation to actively cooperate with Party B legally dissolve the Main Contracts as per the provisions thereofto make payment management, provided that the main obligations under the mortgage contract have been incurred in part or in whole management after loan and have not been performed in fullrelevant examinations;
11.5.2 When 7. Party B requests the Debtor to perform his obligations earlier as per the provisions of the Main Contracts and the creditor’s rights under the Main Contracts cannot be realized or cannot be realized in whole.
11.6 Party B shall have has the right to request call the borrowing under this Agreement in advance according to recovery condition of Party A;
8. When borrowed for fixed assets, Party A guarantees the loan project and borrowing matters comply with the requirements of laws and regulations;
9. If the loan proposed to assist issue under this Agreement is for fixed assets or projects, Party A should guarantee proposed projects have obtained approval by governmental authorities and will not have any illegal or irregular conditions, capital fund or other raised capital should be allocated in time under formulation; ensure project schedule is completed on plan.
10. When happened great adverse events that influence payment capacity, notify Party B in protecting the hypothecation from being infringed by any third partytimely.
11.7 Unless otherwise specified by any laws, regulations and/or financial rules, 1. Situation and Liability for Breach of Agreement of Party B shall keep confidential of the undisclosed information contained in any and all relevant documents, financial reports and other relevant documents submitted by Party A during the performance of his obligations hereunder;B
11.8 (1) If Party B needs doesn’t issue the loan according to legally transfer the principal creditor’s rightsagreement provisions without good reasons, it shall give a notice to Party A can require Party B continue to issue the loan in timeaccordance with agreement items;
11.9 After the hypothecation is realized(2) If Party B violates prohibitive provisions of national laws and regulations to collect interests and fees that shouldn’t have been collected, Party A is entitled to require Party B shall does its best efforts to cooperate Party A in exercising his right of recovering the Mortgage from the creditorsend back.
11.10 The balance of the proceeds from disposal of the Mortgage hereunder after repayment of all the obligations within the scope of mortgage & guarantee hereunder shall be returned to Party A.
Appears in 1 contract
Rights and Obligations of Party B. 11.1 3.1 Party B has the right to receive compensation for the services rendered under this agreement.
3.2 Party B warrants to provide Party A with print media promotion services in Mainland China within the period as agreed under this agreement.
3.3 Party B shall perform image promotion for Party A at media websites, and arrange a dedicated person for design and maintenance of such websites.
3.4 Party B shall have the right to request monitor the content of any advertisement of Party A for authenticity and legality, so as to avoid false advertisement or illegal advertisement and that would adversely affect the goodwill of Party B.
3.5 In case the contents of advertisement of Party A violate any law or regulation, Party B’s media partner has the right to “report after deletion”, so as to protect the legal interest of both Party A and Party B to the largest extent.
3.6 Party B warrants that it has the relevant qualification and licenses for performance of the service items under this agreement, and it has the obligation to provide Party A with high quality services in accordance with this agreement. Party B shall actively cooperate with Party A to provide relevant documents evidencing his legal identitymake amendments to Party A’s drafts to a reasonable extent.
11.2 3.7 The services to be provided by Party B shall have are limited to the matters as designated under this agreement. Party B may refuse to perform any services outside the scope of this agreement.
3.8 Party B has the right to examine the promotion contents and formats thereof as provided by Party A. For anything not in compliance with the relevant law, Party B has the right to request Party A to provide financial reports rectify. If Party A refuses to rectify or if it is still not in compliance with the provisions of relevant laws or regulations, Party B’s media partner has the right to delay the publication or refuse to release, and other documents reflecting his credit standingshall not be liable for doing so.
11.3 In 3.9 Party B shall provide Party A with promotion services strictly in accordance with this agreement, and the content to be published shall be confirmed by Party A. If Party B fails to provide the promotion services under this agreement, it shall refund Party A the relevant service fees, and shall compensate Party A for any other damages.
3.10 During the term of the following conditionsthis agreement and within 5 years upon its termination, Party B shall have the right not disclose this agreement or its contents to legally dispose the Mortgage:
11.3.1 Party B does not receive the discharge upon the expiration of the time for re-paying in part or in whole the principal of the obligation under the Main Contracts or the interest thereupon;
11.3.2 When any of the conditions specified in Article 10.5 herein occurs and Party A fails to separately provide corresponding guarantee;
11.3.3 Other circumstances under which Party B can realize its creditor’s rights earlier as per the provisions of the Main Contracts;
11.3.4 Other circumstances under which Party B can realize hypothecation as per the provisions herein.
11.4 If it is agreed to dispose the Mortgage earlier as per the provisions in this Contract, Party A agrees that Party B shall have the right to dispose the proceeds from the disposal of the Mortgage in the following means:
I. Use it to pay off the principals and interest thereupon under the Main Contracts and relevant expenses;
II. Transfer it into term deposit and mortgage the deposit receipt;
III. Deposit it with a third party designated by Party B;
11.5 In any of the following conditions, Party B shall have the right to dispose the Mortgage earlier and get paid first from the proceeds from the disposal:
11.5.1 Party B legally dissolve the Main Contracts as per the provisions thereof, provided that the main obligations under the mortgage contract have been incurred in part or in whole and have not been performed in full;
11.5.2 When Party B requests the Debtor to perform his obligations earlier as per the provisions of the Main Contracts and the creditor’s rights under the Main Contracts cannot be realized or cannot be realized in whole.
11.6 Party B shall have the right to request Party A to assist Party B in protecting the hypothecation from being infringed by any third party.
11.7 Unless otherwise specified by any laws, regulations and/or financial rulesparticularly the price, service content and so forth. Party B shall agrees to keep confidential of the undisclosed all information contained in any and all relevant documents, financial reports and other relevant documents submitted data provided by Party A during the performance of his obligations hereunder;
11.8 If Party B needs to legally transfer the principal creditor’s rights, it shall give a notice to Party A in time;
11.9 After the hypothecation is realized, Party B shall does its best efforts to cooperate Party A in exercising his right of recovering the Mortgage from the creditoras confidential.
11.10 The balance of the proceeds from disposal of the Mortgage hereunder after repayment of all the obligations within the scope of mortgage & guarantee hereunder shall be returned to Party A.
Appears in 1 contract
Rights and Obligations of Party B. 11.1 1. Party B shall have be responsible for making applications to obtain and obtaining all the right relevant approvals from relevant government departments and authorities (excluding approvals in relation to request telecommunications) concerning the visual advertisement LED Panels in respect of the project and matters agreed in this Agreement. Even if Party A B should fail to provide relevant documents evidencing his legal identity.
11.2 obtain all such approvals in respect of the 85 visual advertisement LED Panels (those to be confirmed in writing by Party A) by 30th April, 2007 this Agreement shall not be terminated but Party B shall continue with its effort to obtain such approvals until all the relevant approvals have been granted. Within six years after the right signing of this Agreement, all the relevant governmental approvals regarding the locations of the LED Panels in this Project shall be reserved for use of this project (“Project”) and be exclusive to request Party A to provide financial reports and other documents reflecting his credit standing.
11.3 In any of in the following conditions, Party B shall have the right to legally dispose the Mortgage:
11.3.1 Party B does not receive the discharge upon the expiration of the time for re-paying in part or in whole the principal of the obligation under the Main Contracts or the interest thereupon;
11.3.2 When any of the conditions specified in Article 10.5 herein occurs and Party A fails to separately provide corresponding guarantee;
11.3.3 Other circumstances under which Party B can realize its creditor’s rights earlier as per the provisions of the Main Contracts;
11.3.4 Other circumstances under which Party B can realize hypothecation as per the provisions herein.
11.4 If it is agreed to dispose the Mortgage earlier as per the provisions in this Contract, Party A agrees sense that Party B shall have not co-operate with any other company regarding the right matters related to dispose this Project without first obtaining the proceeds from written approval of Party A.
2. Party B shall ensure that all the disposal examination and scrutinizing procedures of the Mortgage relevant governmental departments and authorities will be completed on 30th April, 2007 so as to ensure that Party A will be able to commence working on the building of foundations for the 85 LED Panels as confirmed by Party A in writing and with electricity supply connected to these locations so that the following means:work may commerce on time.
I. Use it 3. Party B confirms that the quantity of LED Panels for which Party A and Party B have agreed to pay off the principals co-operate in Party A’s agency for advertisement business shall be 85 and interest thereupon under the Main Contracts Party B must ensure that Party A will be its agent in respect of those 85 visual advertisement LED Panels and relevant expenses;
II. Transfer it into term deposit and mortgage the deposit receipt;
III. Deposit it must not in duplicity develop any form of business co-operation or agency with a third party designated by in respect of those LED Panels. Nevertheless, if Party B;
11.5 In any of B through its further applications obtain the following conditions, right to operate at or to publicate advertisement at other advertising locations within the same district over and above the 85 panels mentioned above then Party B shall have the right be entitled to dispose the Mortgage earlier and get paid first from the proceeds from the disposal:
11.5.1 Party B legally dissolve the Main Contracts as per the provisions thereof, provided that the main obligations under the mortgage contract have been incurred in part or in whole and have not been performed in full;
11.5.2 When Party B requests the Debtor to perform his obligations earlier as per the provisions of the Main Contracts and the creditor’s rights under the Main Contracts cannot be realized or cannot be realized in whole.
11.6 operate such business independently. Party B shall have notify Party A in advance in writing of such development and where other terms are equal Party B should prefer Party A as its agent for such advertising rights in priority over other parties.
4. Party B must complete the construction of the foundations for the advertisement panels and connect the same to electricity supply within the time prescribed hereunder so that Party A may commence the installation of the LED Panels on schedule.
5. Party B shall bear the electricity charges for the daily consumption of the LED Panels to the extent of 2,500 RMB per panel per annum, all electricity charges in respect of the LED Panels in excess of the above basic sum already borne by Party B shall be borne by Party A.
6. Party B bears the responsibility and duty for the daily maintenance of the advertisement panels in this Project, including the cleaning of the visible external parts and the repair of any damage to the external shells containing the units. Party B shall be responsible for any act of vandalizing, damage or theft inflicted upon or otherwise committed in relation to the advertising panels. Party A shall bear all responsibilities in respect of such panels save and except only those responsibilities stated above. If Party B is unable to accomplish the reasonable requirements of Party A on the maintenance of the advertisement panels Party A shall be entitled to choose a third party to perform the job in co-operation with Party A and in such event the cost of maintenance shall be borne by Party B after negotiation between the parties hereto.
7. Party B shall ensure that the lawful right to request of Party A to publicize its advertisements in the due and ordinary course of business shall not be infringed during the subsistence of this Agreement.
8. Party B is under an obligation to assist Party B A in protecting its work for the hypothecation from being infringed by any third partyinstallation of the 85 visual advertisement LED Panels.
11.7 Unless otherwise specified by any laws, regulations and/or financial rules, 9. Party B shall keep confidential promptly submit the applications to the relevant authority for its approval upon Party B’s receipt of the undisclosed information contained in any and all relevant documents, financial reports and other relevant documents submitted by complete documentation of the advertisement to be publicated from Party A. Party B shall provide Party A during with copies of the performance relevant approval papers certified under the impression of his obligations hereunder;
11.8 If the official seal of Party B needs promptly after the relevant approval. In case the documentation of an intended advertisement reveals any content which is reactionary or pornographic or in contravention of relevant governmental regulations Party B shall be entitled in its own right to legally transfer refuse to submit the principal creditor’s rights, it shall same for approval by the relevant authority and to give a notice written notification to Party A in time;
11.9 After accordingly. In case the hypothecation relevant documentation is realized, incomplete Party B shall does its best efforts be entitled to cooperate require Party A in exercising his right of recovering the Mortgage from the creditorto forthwith provide requisite supplementary papers to enable Party B to make a fresh application.
11.10 The balance 10. Party B shall bear all taxes, administrative charges and costs and expenses arising in the course of its cleaning of the proceeds from disposal visual advertisement LED Panels or maintenance of the Mortgage hereunder after repayment of all external shells for the obligations within the scope of mortgage & guarantee hereunder same.
11. Party B shall be returned entitled to charge a fee for the maintaining of advertisement publication right (“Right Fee”) from Party A according to this Agreement and to issue invoices to Party A upon its receipt of payments made by Party A.
Appears in 1 contract
Rights and Obligations of Party B. 11.1 3.2.1 Party B shall have guarantee that the right to request Contractual Works are created and finished by Party A to provide relevant documents evidencing his legal identity.
11.2 B independently. Party B shall guarantee that the Contractual Works don't infringe legal rights of any third party, that they are not involved in any legal disputes, including intellectual property disputes, and that they are in no violation of laws and other applicable copyright statutes in the countries where Party A and Party B are located. None of Party B's works shall contain any defaming content, slandering, discriminating against races or religions, or any children pornography or other illegal content.
3.2.2 Party B shall guarantee that he/she shall have the right rights that have been authorized to request Party A to provide financial reports and other documents reflecting his credit standing.
11.3 In any of the following conditionsunder Article 2.2 hereof, Party B shall have bear defaulting liabilities for any infringement over copyrights and other rights of others arising from the right to legally dispose the Mortgage:
11.3.1 Party B does not receive the discharge upon the expiration exercise of the time for re-paying in part or in whole the principal of the obligation under the Main Contracts or the interest thereupon;
11.3.2 When any of the conditions specified in Article 10.5 herein occurs and Party A fails to separately provide corresponding guarantee;
11.3.3 Other circumstances under which Party B can realize its creditor’s rights earlier as per the provisions of the Main Contracts;
11.3.4 Other circumstances under which Party B can realize hypothecation as per the provisions hereinsuch rights.
11.4 If it is agreed to dispose the Mortgage earlier as per the provisions in this Contract, Party A agrees that 3.2.3 Party B shall have guarantee that he/she will not transfer or grant an exclusive authorization to any third party to use or develop any Contractual Work in any manner around the right world.
3.2.4 The number of words of a Contractual Work shall be calculated subject to dispose the proceeds from number of words as shown in Party A's website system.
3.2.5 Party B shall carry out the disposal specific release of Contractual Works in electronic form at the Mortgage time, through the channel and in the following means:
I. Use it to pay off the principals and interest thereupon under the Main Contracts and relevant expenses;
II. Transfer it into term deposit and mortgage the deposit receipt;
III. Deposit it with a third party manner designated by Party B;
11.5 In any A, or Party A releases and disseminate Contractual Works in electronic form. Party B undertakes to release works the total number of the following conditionswords that shall not be less than 30,000 per month. If Party B fails to provide written works in an agreed-upon amount, Party B shall have the right to dispose the Mortgage earlier and get paid first be fully liable for losses arising from the proceeds from the disposal:
11.5.1 such failure, unless it is caused by a force majeure event or notified by Party B legally dissolve in advance and agreed by Party A.
3.2.6 If the Main Contracts as per the provisions thereof, provided that the main obligations under the mortgage contract have been incurred in part or in whole and have not been performed in full;
11.5.2 When failure of Party B requests to deliver works has lasted for more than one month without cause, or Party B explicitly indicates that he/she is indeed unable to continue to finish works or the Debtor failure of Party B to perform his obligations earlier as per the provisions of the Main Contracts and the creditor’s rights under the Main Contracts cannot be realized or cannot be realized create works in whole.
11.6 accordance with outlines results in that works are completed abnormally, then Party B shall have be deemed as having breached the right to request contract. Party A may, by itself or entrust a third party to, continue the creation of Contractual Works and continue to assist retain the pen name of Party B as part of the authorship of such Contractual Work. All copyrights in protecting such work shall be vested in Party A. Party A may use the hypothecation from being infringed finally finished Contractual Work for any commercial purpose and obtain all compensations, and Party A shall be entitled to the income sharing only with respect to the part created and uploaded by any third party.Party B.
11.7 Unless otherwise specified 3.2.7 Party B warrants that all the information filled in the Annex hereto by any lawshim/her is true and valid, regulations and/or financial rulessuch as the name of works, his/her legal name, pen name, beneficiary's account information, domicile, etc. Party B shall keep confidential be liable for any losses arising from any error in the information provided by Party B.
3.2.8 Party B undertakes to actively preserve the image of the undisclosed information contained Party A and Party A's Platform, assist Party A and Party A's Platform in any and all relevant documents, financial reports jointly promoting Contractual Works and other relevant documents submitted by works of Party B, and not to take any action that is prejudicial to the image of Party A during or Party A's Platform or will impair any other works on the performance of his obligations hereunder;
11.8 If Party B needs to legally transfer the principal creditor’s rights, it shall give a notice to Party A in time;
11.9 After the hypothecation is realized, Party B shall does its best efforts to cooperate Party A in exercising his right of recovering the Mortgage from the creditorA's Platform for any reason.
11.10 The balance of the proceeds from disposal of the Mortgage hereunder after repayment of all the obligations within the scope of mortgage & guarantee hereunder shall be returned to Party A.
Appears in 1 contract
Rights and Obligations of Party B. 11.1 7.1 After the expiration of the term of the lease provided herein, this Warehouse shall be returned to Party A on time without detriment to any equipment and/or facility of this Warehouse.
7.2 Party B shall have pay the right to request Party A to provide relevant documents evidencing his legal identityrentals and all the expenses of water, electricity, gas, telephone, heating, etc. in respect of this Warehouse on time,.
11.2 7.3 During the term of the lease, Party B shall guarantee that it will use this Warehouse safely and take good care of the facilities of this Warehouse.
7.4 During the term of the lease, Party B shall assume the liabilities and debts occurred during the usage of this warehouse.
7.5 During the term of the lease, Party B shall, without the prior written consent from Party A, have the no right to request Party A sub-lease, and/or lend, and/or transfer this Warehouse to provide financial reports and any third party for use, nor use the Warehouse for any other documents reflecting his credit standingpurposes.
11.3 In any 7.6 During the term of the following conditionslease, Party B shall have the no right to legally dispose create any mortgage, pledge, lien or other third party right in any form on the Mortgage:Warehouse.
11.3.1 7.7 Party B does not receive shall strictly comply with the discharge upon provisions specified in the expiration relevant laws, regulations and local regulations of Beijing and various stipulations provided by Party A. In case of the time for re-paying in part or in whole the principal breach of the obligation under above provisions, it shall compensate Party A all losses arising therefrom.
7.8 Party B shall not contact with third party in the Main Contracts or the interest thereupon;name of Party A.
11.3.2 When any 7.9 Party B shall take good care of the conditions specified items stored in Article 10.5 herein occurs the Warehouse, and Party A fails to separately provide corresponding guarantee;
11.3.3 Other circumstances under which it shall not store any items flammable, explosive, erosive or with special smell and any illegal items such as guns, ammunitions and drugs, otherwise, any economic and legal responsibilities arising therefrom shall be assumed by Party B can realize its creditor’s rights earlier as per solely.
7.10 Party B shall not affix or hang logos or advisements on the provisions outside walls, doors and windows or any public area of the Main Contracts;
11.3.4 Other circumstances under which Warehouse without the prior written consent by Party B can realize hypothecation as per A. In case of the provisions herein.
11.4 If it is agreed to dispose the Mortgage earlier as per the provisions in breach of this Contractobligation, Party A agrees that shall have right to remove such hanging items and advisements, all the expenses incurred therefor shall be assumed by Party B shall have the right to dispose the proceeds from the disposal of the Mortgage in the following means:
I. Use it to pay off the principals and interest thereupon under the Main Contracts and relevant expenses;
II. Transfer it into term deposit and mortgage the deposit receipt;
III. Deposit it with a third party designated by Party B;
11.5 In any of the following conditions, Party B shall have the right to dispose the Mortgage earlier and get paid first from the proceeds from the disposal:
11.5.1 Party B legally dissolve the Main Contracts as per the provisions thereof, provided that the main obligations under the mortgage contract have been incurred in part or in whole and have not been performed in full;
11.5.2 When Party B requests the Debtor to perform his obligations earlier as per the provisions of the Main Contracts and the creditor’s rights under the Main Contracts cannot be realized or cannot be realized in whole.
11.6 Party B shall have the right to request Party A to assist Party B in protecting the hypothecation from being infringed by any third party.
11.7 Unless otherwise specified by any laws, regulations and/or financial rules, Party B shall keep confidential of the undisclosed information contained in any and all relevant documents, financial reports and other relevant documents submitted by Party A during the performance of his obligations hereunder;
11.8 If Party B needs to legally transfer the principal creditor’s rights, it shall give a notice to Party A in time;
11.9 After the hypothecation is realized, Party B shall does on its best efforts to cooperate Party A in exercising his right of recovering the Mortgage from the creditor.
11.10 The balance of the proceeds from disposal of the Mortgage hereunder after repayment of all the obligations within the scope of mortgage & guarantee hereunder shall be returned to Party A.own..
Appears in 1 contract
Samples: Share Transfer and Debt Restructuring Agreement (Beijing Med Pharm Corp)
Rights and Obligations of Party B. 11.1 10.1 Party B shall undertakes that the loan purposes set forth hereabove are in line with and confirming to relevant laws, regulations, administrative rules, department rules, industry standards, as well as the Articles of Association or constitutional documents of Party B, and appropriate licenses and authorization have been duly obtained and procured;
10.2 Party B undertakes that any and all materials to be provided during the right process of examination of application for loan are true and valid;
10.3 Party B will subject itself to request reasonable and appropriate investigation of , access to and supervision on the use of loan hereunder by Party A;
10.4 Party B will on its own initiative, cooperate with Party A in any matter in respect of investigation of, access to and supervision on the use of loan hereunder by Party A; provide relevant documents evidencing his legal identityParty A with copies of its related financial statements such as balance sheets, profit and loss statements, cash flow sheets, etc.; and be responsible for the truthfulness, completeness and validity thereof;
11.2 10.5 In the event that Party B shall have during the right term of this Agreement stops production, ceases to request Party A carry out business, is de-registered, has its business license suspended, the legal representative or key responsible persons of which commit unlawful act and involve in influential actions, experiences serious difficulties operating and manufacturing, undergoes deteriorating in financial standing, etc. as well as other circumstances that might be materially adverse to provide financial reports and other documents reflecting his credit standing.
11.3 In any of the following conditionsrepayment obligations hereunder, Party B shall have give a written notice to Party A without delay and shall at the right request of Party A satisfy the debts hereunder and effect the guarantee provided for the said debt;
10.6 In the event a consolidation, division, merger & acquisition, restructuring into a shareholding company, contracting, lease, asset transfer, pool, investment, application for business stop for rectification, application for dissolution, application for bankrupt proceedings, as well as other acts that may suffice to legally dispose result in a change in the Mortgage:
11.3.1 Party B does not receive debt relationship between both Parties or prejudice the discharge upon the expiration realization of the time for re-paying in part or in whole the principal rights and interests of the obligation under the Main Contracts or the interest thereupon;
11.3.2 When any of the conditions specified in Article 10.5 herein occurs and Party A fails occurs or has occurred to separately provide corresponding guarantee;
11.3.3 Other circumstances under which Party B can realize its creditor’s rights earlier as per the provisions of the Main Contracts;
11.3.4 Other circumstances under which Party B can realize hypothecation as per the provisions herein.
11.4 If it is agreed to dispose the Mortgage earlier as per the provisions in this Contract, Party A agrees that Party B shall have the right to dispose the proceeds from the disposal of the Mortgage in the following means:
I. Use it to pay off the principals and interest thereupon under the Main Contracts and relevant expenses;
II. Transfer it into term deposit and mortgage the deposit receipt;
III. Deposit it with a third party designated by Party B;
11.5 In any of the following conditions, Party B shall have the right deliver to dispose the Mortgage earlier and get paid first from the proceeds from the disposal:
11.5.1 Party B legally dissolve the Main Contracts as per the provisions thereof, provided that the main obligations under the mortgage contract have been incurred in part or in whole and have not been performed in full;
11.5.2 When Party B requests the Debtor to perform his obligations earlier as per the provisions of the Main Contracts and the creditor’s rights under the Main Contracts cannot be realized or cannot be realized in whole.
11.6 Party B shall have the right to request Party A written notice of ten (10) working days for approval, and shall take step to assist Party B in protecting satisfy the hypothecation from being infringed by any third party.
11.7 Unless otherwise specified by any lawsdebts hereunder and effect the guarantees provided therefore, regulations and/or financial rulesotherwise, Party B shall keep confidential be precluded from conducting or taking on any of the undisclosed information contained in any and all relevant documents, financial reports and other relevant documents submitted by Party A during the performance of his obligations hereunderaforesaid acts;
11.8 If 10.7 During the term of this Agreement, in case Party B needs to legally transfer the principal creditor’s rightschanges its legal representative, it shall give domicile, business scope, registered capital, or name, a written notice of thirty (30) days is required from Party B to Party A in timeto that effect;
11.9 After 10.8 No guarantee which exceeds the hypothecation is realized, financial ability of Party B shall does its best efforts to cooperate Party A in exercising his right of recovering may be provided for any third party unless and until the Mortgage from the creditor.
11.10 The balance principal and accrued interests thereon of the proceeds from disposal loan hereunder have been fully satisfied and settled;
10.9 Any intended transfer or assignment of the Mortgage debts hereunder after repayment of all the obligations within the scope of mortgage & guarantee hereunder by Party B to any third party shall be returned subject to a written permission of Party A.
Appears in 1 contract
Samples: Loan Agreement (eFuture Information Technology Inc.)
Rights and Obligations of Party B. 11.1 6.1 Rights of Party B shall have B
(1) During the right to request business cooperation with Party A. Obtain party A's business information, terms, documents, etc. :
(2) Asking Party A to provide relevant documents evidencing his legal identitypay the insurance brokerage commission as agreed herein;
(3) Other contractual rights stipulated by laws and regulations.
11.2 6.2 Obligations of Party B shall have B
(1) Establish cooperative business ledger, do registration and statistics of all kinds of general certificates and receipts, and regularly check account books, documents and receipts with Party A;
(2) Assist the right applicant and the insured to request provide Party A to provide financial reports with necessary insurance and other documents reflecting his credit standing.claim materials in a timely manner in accordance with relevant provisions;
11.3 In any (3) Party A shall truthfully inform Party A of the following conditionsfacts and information it knows related to the cooperative insurance business, Party B shall have the right to legally dispose the Mortgage:
11.3.1 Party B does not receive the discharge upon the expiration and party A's insurance declaration as well as its description of the time for re-paying in part or in whole underwriting conditions and scope of liability shall be completely and accurately conveyed to the principal of the obligation under the Main Contracts or the interest thereuponcustomer;
11.3.2 When any of (4) Prompt the conditions specified in Article 10.5 herein occurs and Party A fails to separately provide corresponding guarantee;
11.3.3 Other circumstances under which Party B can realize its creditor’s rights earlier as per the provisions of the Main Contracts;
11.3.4 Other circumstances under which Party B can realize hypothecation as per the provisions herein.
11.4 If it is agreed to dispose the Mortgage earlier as per the provisions in this Contract, Party A agrees that Party B shall have the right to dispose the proceeds from the disposal of the Mortgage in the following means:
I. Use it customer to pay off the principals and interest thereupon under the Main Contracts and relevant expenses;
II. Transfer it into term deposit and mortgage the deposit receipt;
III. Deposit it with a third party designated by Party B;
11.5 In any of the following conditions, Party B shall have the right to dispose the Mortgage earlier and get paid first from the proceeds from the disposal:
11.5.1 Party B legally dissolve the Main Contracts as per the provisions thereof, provided that the main obligations under the mortgage contract have been incurred in part or in whole and have not been performed in full;
11.5.2 When Party B requests the Debtor to perform his obligations earlier as per the provisions of the Main Contracts and the creditor’s rights under the Main Contracts cannot be realized or cannot be realized in whole.
11.6 Party B shall have the right to request Party A to assist Party B in protecting the hypothecation from being infringed by any third party.
11.7 Unless otherwise specified by any laws, regulations and/or financial rules, Party B shall keep confidential of the undisclosed information contained in any and all relevant documents, financial reports and other relevant documents submitted by Party A during the performance of his obligations hereunder;
11.8 If Party B needs to legally transfer the principal creditor’s rights, it shall give a notice to Party A insurance premium in time;
11.9 After (5) Properly keep the hypothecation is realized, documents and materials provided by Party A:
(6) Party B shall does its best efforts urge the customer to cooperate do the disaster prevention and damage prevention work and safety work well, and assist Party A to do the claim work well
(7) Establish complete and standardized business files in accordance with regulatory requirements
(8) Assist Party A in exercising his right the qualification examination and compliance management of recovering the Mortgage from cooperative subject to ensure the creditorauthenticity and accuracy of the archives.
11.10 The balance 6.3 Behaviors prohibited by Party B and its employees in brokerage activities:
(1) Party B shall not forge, alter, lease, lend or transfer the license;
(2) Engaging in insurance brokerage business shall not exceed the business scope and business area of the proceeds from disposal underwriting company: engaging in insurance brokerage business involves remote co-insurance, remote underwriting and all-inclusive policies, unless otherwise stipulated by the CBIRC;
(3) Non-insurance financial products shall not be sold, except non-insurance financial products approved by the relevant financial regulatory authorities; Insurance brokers and their employees shall meet the corresponding qualification requirements before selling qualified non-insurance financial products;
(4) Party B shall, in accordance with laws, administrative regulations and relevant provisions of CBIRC, establish a sound corporate governance structure and system in accordance with the principles of clarifying responsibilities, strengthening checks and balances and strengthening risk management; Define the responsibility for control and control, build the compliance system, attach importance to self-restraint, strengthen internal accountability, and ensure steady operation;
(5) The insurance broker shall provide Party A with true and complete insurance information, and shall agree with Party A to keep the insurance information confidential and use it reasonably according to law;
(6) A standard customer notification shall be made and presented. The customer's notice shall at least include the following: The name, place of business, business scope and contact information of the Mortgage hereunder after repayment insurance broker; (2) the way insurance brokers get paid, including whether to collect commission from insurance companies; Whether insurance brokers and their senior managers are associated with insurance companies related to brokerage business and other insurance intermediaries; Complaint channels and dispute resolution methods.
(7) If Party B provides services for policy-based insurance business or government entrusted business, the commission shall not be collected in violation of all the obligations within provisions of CBIRC;
(8) Where Party B makes an insurance proposal to an applicant, it shall, on the scope basis of mortgage & guarantee hereunder an objective analysis of similar insurance products on the market based on the customer's needs and risk tolerance, recommend insurance products in line with its interests; Party B shall disclose relevant information of insurance products to the applicant as required by CBIRC;
(9) Party B shall not entrust any individual who has not been registered for practice to engage in insurance brokerage business;
(10) The following shall not be returned done in the course of insurance business:
(1) deceive the insurer, the applicant, the insured or the beneficiary; (2) conceal the important information related to Party A.the insurance contract: (3) obstruct the applicant to fulfill the obligation of telling the truth, or induce the applicant not to perform the obligation of telling the truth; (4) give or promise to give the applicant, the insured or the beneficiary an interest other than that agreed upon in the insurance contract; (5) Force, induce or restrict the applicant to conclude an insurance contract by using administrative power, position or professional convenience and other improper means: Forge or arbitrarily alter an insurance contract, or provide false testifying materials for the parties to the insurance contract; Misappropriating, withholding or encroachment on the premium or insurance money; Make use of business facilities to seek improper interests for other organizations or individuals; (9) To collude with the applicant, insured or beneficiary to defraud insurance money; Divulge the business secrets of the insurer, the applicant and the insured that they have known in their business activities.
(11) Illegal fund raising shall not be conducted with the convenience of insurance business. Pyramid selling or anti-money and other illegal activities:
(12) It is prohibited to engage in any other ACTS in violation of laws, regulations or regulatory provisions.
Appears in 1 contract
Rights and Obligations of Party B. 11.1 7.1 Party B shall have exercise the rights and perform the obligations as follows:
(1) Party B has the right to request require Party A to provide relevant documents evidencing his legal identity.financing as agreed herein;
11.2 (2) Party B shall have pay a factoring business handling charge, factoring financing interest, delayed repayment interest and other related fees as provided herein, and perform its repurchase obligation hereunder;
(3) Party B shall reach agreement with the right purchaser that the accounts receivable shall be directly remitted to request the factoring account by the purchaser; as for the those that cannot be transferred directly into the factoring account through the settlement by bill, Party B shall ensure that it transfers the money into the factoring account once it receives such money in a timely manner;
(4) Party B shall actively coordinate with Party A to for its investigation of Party B’s operation and financial conditions, and promptly provide Party A with accounting and financial reports statements and other documents reflecting his credit standingmaterials at Party A’s request;
(5) Party B shall provide necessary assistance in Party A’s payment collection measures or action against the purchaser;
(6) Party B shall provide Party A with a guarantee for performance of its obligations hereunder, which is satisfactory to Party A. If the guarantee provided by Party B is a maximum amount guarantee, the name of such guarantee contract is: Maximum Guarantee Contract, and its contract number shall is 0021 Xxxx Xxxx (Di) Zi 2010.
11.3 In (7) Party B shall notify Party A of any of the following conditionsevents within 5 days upon occurrence of such event, and shall provide materials with respect to such event: Any event resulting in breach of contract Any anticipatory breach or any event which may damage Party A’s interests hereunder; Being involved in any litigation, arbitration procedures or claim in any form in which Party B is accountable for an amount of more than RMB ________or other currencies equivalent; Change of the company’s name, domicile, registered capital, business scope, type and amendment of company’s Articles of Association, or shareholding restructuring, contracting, leasing, consolidation, split, joint operation, contract or equity joint venture, or any significant change to company’s financial status, alteration of stock equity and other major events;
(8) If the guarantee is in any form provided by the purchaser or any third party for Party B’s Account Receivables is assignable, Party B shall have assign the right guarantee to legally dispose Party A; if the Mortgage:
11.3.1 Party B does guarantee is not receive the discharge upon the expiration of the time for re-paying in part or in whole the principal of the obligation under the Main Contracts or the interest thereupon;
11.3.2 When any of the conditions specified in Article 10.5 herein occurs and Party A fails to separately provide corresponding guarantee;
11.3.3 Other circumstances under which Party B can realize its creditor’s rights earlier as per the provisions of the Main Contracts;
11.3.4 Other circumstances under which Party B can realize hypothecation as per the provisions herein.
11.4 If it is agreed to dispose the Mortgage earlier as per the provisions in this Contract, Party A agrees that Party B shall have the right to dispose the proceeds from the disposal of the Mortgage in the following means:
I. Use it to pay off the principals and interest thereupon under the Main Contracts and relevant expenses;
II. Transfer it into term deposit and mortgage the deposit receipt;
III. Deposit it with a third party designated by Party B;
11.5 In any of the following conditionsassignable, Party B shall have assist Party A with recoursing the right to dispose debt when necessary.
(9) Besides the Mortgage earlier and get paid first from the proceeds from the disposal:
11.5.1 Party B legally dissolve the Main Contracts as per the provisions thereof, provided that the main obligations under the mortgage contract have been incurred in part or in whole and have not been performed in full;
11.5.2 When Party B requests the Debtor to perform his obligations earlier as per the provisions of the Main Contracts Account Receivables and the creditor’s related rights under the Main Contracts cannot be realized or cannot be realized in whole.
11.6 assigned to Party B shall have the right to request Party A to assist Party B in protecting the hypothecation from being infringed by any third party.
11.7 Unless otherwise specified by any laws, regulations and/or financial rulesA, Party B shall keep confidential of continue to perform other obligations under the undisclosed information contained in any Purchase and all relevant documents, financial reports and other relevant documents submitted by Party A during the performance of his obligations hereunderSale or Service Contract;
11.8 If (10) Party B needs shall not execute any agreement or document which is sufficient to legally transfer the principal creditordamage Party A’s rightsinterests hereunder, it shall give a notice or conduct any act which is sufficient to damage Party A A’s interests after this Contract becomes effective.
7.2 Except as provided in time;
11.9 After the hypothecation is realizedArticle 7.1 herein, Party B shall does bear ultimate repayment liability for the financing under Recourse Factoring business. Any reason which causes failure to collect the Account Receivables in time and in full amount, shall not prejudice Party A’s excising and realizing its best efforts to cooperate Party A in exercising his right of recovering the Mortgage from the creditor.
11.10 The balance of the proceeds from disposal of the Mortgage hereunder after repayment of all the obligations within the scope of mortgage & guarantee hereunder shall be returned to recourse against Party A.B.
Appears in 1 contract
Samples: Domestic Factoring Contract (Asia Green Agriculture Corp)
Rights and Obligations of Party B. 11.1 9.1 Party B shall have the right to request gain its remuneration each month;
9.2 Party A B is liable to provide relevant documents evidencing his legal identity.strictly follow any Employees’ Code of Conduct, rules and regulations, department regulations and some other internal regulations formulated before or after the Contract is signed;
11.2 9.3 Party B shall have the right to request propose opinions and suggestions through democratic procedure for the rules and regulations and department regulations formulated by Party A;
9.4 Party B is liable to finish the work tasks assigned by Party A seriously and carefully and according to provide financial reports the requirements (including time requirement and other documents reflecting his credit standing.quality requirement) of Party A and do the best to promote the business of Party A, or it should finish the work tasks in the non-working hours;
11.3 In any of the following conditions, 9.5 Party B shall have is liable to follow the right to legally dispose the Mortgage:
11.3.1 leading and management of Party A and, when Party A makes work arrangement and regulation for Party B does not receive according to its business needs, to follow the discharge upon assignment of Party A and finish some work tasks at other places rather than the expiration of the time for re-paying in part or in whole the principal of the obligation under the Main Contracts or the interest thereuponwork place;
11.3.2 When any of the conditions specified in Article 10.5 herein occurs 9.6 Party B is liable to work truthfully and Party A fails to separately provide corresponding guaranteewith professional dedication;
11.3.3 Other circumstances under which 9.7 Party B can realize its creditor’s rights earlier as per is liable to consciously defend the provisions reputation and interests of the Main Contracts;
11.3.4 Other circumstances under which Party B can realize hypothecation as per and the provisions herein.
11.4 If it is agreed to dispose the Mortgage earlier as per the provisions in this Contract, Party A agrees that Party B shall have the right to dispose the proceeds from the disposal unity among staff of the Mortgage in the following means:
I. Use it to pay off the principals and interest thereupon under the Main Contracts and relevant expenses;
II. Transfer it into term deposit and mortgage the deposit receipt;
III. Deposit it with a third party designated by Party B;
11.5 In 9.8 Party B commits that as rationally known by himself or herself, he or she has no chronic or serious diseases, or any other diseases making himself or herself incompetent to the work specified herein by the day on which the Contract is signed;
9.9 Party B commits that when the Contract is signed, he or she has no other labor relation which has not been ended yet and, for any violation or holding back about this, it would like to bear all legal responsibilities and, if Party A suffers from losses due to claims of third party arising from this, it would like to make full-amount compensations for all losses suffered by Party A;
9.10 Party B has the following conditionsduty of confidentiality for Party A’s affairs and materials or any business secrets and materials of customers of Party A, which Party B knows or possibly knows when serving Party A, and must not disclose them to any individuals, companies or organizations (no matter they have been registered or not) and Party B is liable to do his or her best to prevent the affairs, materials and business secrets from disclosure in any forms (both parties may sign Appendix 1 hereof, namely Contract on Protection of Business Secret); and
9.11 Within months after the Contract is cancelled or terminated, Party B shall have must not take part in the right business competition between other organizations and Party A, including but not limited to dispose the Mortgage earlier and get paid first from the proceeds from the disposal:
11.5.1 Party B legally dissolve the Main Contracts as per the provisions thereof, provided that the main obligations under the mortgage contract have been incurred in part or in whole and have not been performed in full;
11.5.2 When Party B requests the Debtor to perform his obligations earlier as per the provisions establishment of an organization of the Main Contracts and the creditor’s rights under the Main Contracts cannot be realized or cannot be realized in whole.
11.6 Party B shall have the right to request same business with Party A to assist Party B in protecting the hypothecation from being infringed by any third party.
11.7 Unless otherwise specified by any laws, regulations and/or financial rules, Party B shall keep confidential or serving another rival of the undisclosed information contained in any and all relevant documents, financial reports and other relevant documents submitted by Party A during the performance (both parties may sign Appendix 2 hereof, namely Contract on Prohibition of his obligations hereunder;
11.8 If Party B needs to legally transfer the principal creditor’s rights, it shall give a notice to Party A in time;
11.9 After the hypothecation is realized, Party B shall does its best efforts to cooperate Party A in exercising his right of recovering the Mortgage from the creditorBusiness Competition).
11.10 The balance of the proceeds from disposal of the Mortgage hereunder after repayment of all the obligations within the scope of mortgage & guarantee hereunder shall be returned to Party A.
Appears in 1 contract
Samples: Labor Contract (IFM Investments LTD)
Rights and Obligations of Party B. 11.1 1. Party B shall have must provide real and reliable qualification certificate and bank account etc. in relation to the right to request normal business operation for Party A and any third party company entrusted by Party A.
2. Regarding to provide relevant documents evidencing his legal identity.
11.2 the products under this Agreement whose copyright is reserved by Party B shall have the right to request Party A to provide financial reports and other documents reflecting his credit standing.
11.3 In any of the following conditionsB, Party B shall have make the following undertakings:
1) Party B undertakes that all copyrights (or legal proprietary authorizations) of all music products and neighboring rights of performers in relation to record works are complete, legal, free of flaw and infringe no others’ rights. If owning no such legal rights aforesaid, Party B cannot cooperate with Party A with such works.
2) Party B undertakes that any works it provides complies with the related national laws, regulations and policies and Party B will bear all consequences arising from the illegal content of such works.
3) Party B undertakes that the information content (including but not limited to music or performer images) provided for the cooperation under this Agreement will not infringe the right to legally dispose of any third party. In the Mortgage:
11.3.1 case where Party B does not receive the discharge upon the expiration of the time for re-paying in part or in whole the principal of the obligation under the Main Contracts or the interest thereupon;
11.3.2 When uses any of the conditions specified in Article 10.5 herein occurs and Party A fails to separately provide corresponding guarantee;
11.3.3 Other circumstances under which Party B can realize its creditor’s rights earlier as per the provisions of the Main Contracts;
11.3.4 Other circumstances under which Party B can realize hypothecation as per the provisions herein.
11.4 If it works whose intellectual property right is agreed to dispose the Mortgage earlier as per the provisions in this Contract, Party A agrees that Party B shall have the right to dispose the proceeds from the disposal of the Mortgage in the following means:
I. Use it to pay off the principals and interest thereupon under the Main Contracts and relevant expenses;
II. Transfer it into term deposit and mortgage the deposit receipt;
III. Deposit it with a owned by any third party designated by Party B;
11.5 In any of the following conditionsparty, Party B shall have obtain the right to dispose permission of such third party or its agent for the Mortgage earlier and get paid first from use of the proceeds from works of the disposal:
11.5.1 third party within “wireless value-added service” by Party B legally dissolve and /or Party A. In the Main Contracts as per case where any third party has a claim to Party A for the provisions thereof, infringement of the information content provided that the main obligations under the mortgage contract have been incurred in part or in whole and have not been performed in full;
11.5.2 When by Party B requests the Debtor to perform his obligations earlier as per the provisions of the Main Contracts and the creditor’s rights used in “wireless value-added service” under the Main Contracts cannot be realized this Agreement on its intellectual property right or cannot be realized in whole.
11.6 Party B shall have the right to request Party A to assist Party B in protecting the hypothecation from being infringed by any third party.
11.7 Unless otherwise specified by any laws, regulations and/or financial rulesother legal rights, Party B shall keep confidential of solve the undisclosed information contained in any issue at its own cost and bear all relevant documents, financial reports and other relevant documents submitted by Party A during the performance of his obligations hereunder;
11.8 If Party B needs to legally transfer the principal creditor’s rights, it shall give a notice losses to Party A as incurred hereof.
4) Party B undertakes that it will create the music products for the cooperation of both parties as per the format required by Party A.
5) Party B undertakes, in the case where any right of the content it provides is changed or abolished, it will inform Party A in writing of such change or abolishment immediately. Party A can stop the service of the related product on the central music platform within two workdays upon the reception of the notice.
3. Party B shall actively provide, whether under the requirement of Party A or at any time;, any news conference, performer activity, promotion activity and event etc. in relation to the works whose copyright is reserved by Party B for Party A.
11.9 After 4. Party B shall confirm, xxxx in detail and state the hypothecation effective permit period of works, right content and authorized service products in relation to the cooperation with Party A.
5. Both parties shall use their own resources for marketing, promotion and publicity, including online channel promotion and offline activity etc.
6. Party B is realizedliable to xxxx the logo of China mobile wireless music products, the logo of wireless music portal website and music ordering code as per the requirements of Party A in the marketing, media publicity and news conference etc. in relation to the promotion of its works whose copyright is reserved by it. Without the permission of Party A, Party B cannot use the logo, trademark of China Mobile and the corporate name of Party A. Party B shall take all responsibilities arising due to any violation to the national laws, regulations and policies related in the process of business promotion.
7. Party B shall appoint special personnel to engage in any issue in relation to the cooperation under this Agreement so as to ensure the smooth operation of the business. During the cooperation under this Agreement, Party B shall does its best efforts to cooperate inform Party A of any change in exercising his right relation to business contact in advance. The business contact information of recovering the Mortgage from the creditor.
11.10 The balance of the proceeds from disposal of the Mortgage hereunder after repayment of all the obligations within the scope of mortgage & guarantee hereunder shall be returned to Party A.B is as follows: Contact: Xxxx Xxx TEL: 00000000000 MAIL: xxxxxxx@xxxxxxxx.xxx
Appears in 1 contract
Rights and Obligations of Party B. 11.1 10.1 Party B shall have the right to request Party A to provide relevant documents evidencing his legal identity.
11.2 Party B shall have the right to request Party A to provide financial reports represents and other documents reflecting his credit standing.
11.3 In any of the following conditions, Party B shall have the right to legally dispose the Mortgage:
11.3.1 Party B does not receive the discharge upon the expiration of the time for re-paying in part or in whole the principal of the obligation under the Main Contracts or the interest thereupon;
11.3.2 When any of the conditions specified in Article 10.5 herein occurs and Party A fails to separately provide corresponding guarantee;
11.3.3 Other circumstances under which Party B can realize its creditor’s rights earlier as per the provisions of the Main Contracts;
11.3.4 Other circumstances under which Party B can realize hypothecation as per the provisions herein.
11.4 If it is agreed to dispose the Mortgage earlier as per the provisions in this Contract, Party A agrees warrants that Party B shall have the right to dispose the proceeds from the disposal of the Mortgage property under its management, to carry on the business related to the use of the loan under this agreement, and to sign and perform this agreement as a legal unit registered in accordance with the law and effectively surviving.
10.2 Party B represents and warrants that the signing of this agreement has been approved by the competent department at a higher level or by the shareholders (large) meeting, board of directors and other competent bodies of the company in accordance with the law, and has obtained all necessary authorization.
10.3 Party B represents and warrants that it will sign and perform this agreement without violating any provisions or agreements that are binding on Party B and its assets, and it will not violate any guarantee agreements, other agreements and any other documents, agreements and undertakings that are binding on Party B.
10.4 Party B represents and warrants that it will provide the necessary documents and materials as required by Party A and ensure that the documents and materials provided are true, accurate, complete, legal and valid.
10.5 Party B has the right to withdraw and use the loan in accordance with this agreement.
10.6 Party B shall use the loan in accordance with the purpose and mode of payment stipulated in this agreement. The borrowed funds shall not be invested in the following meanssecurities market, futures market or other uses prohibited or restricted by relevant laws and regulations in any form.
10.7 Party B shall, in accordance with the requirements of Party A, cooperate with the pre-loan investigation, the loan examination and the post-loan inspection, and provide in a timely manner, among others, the following:
I. Use it 10.7.1 Business license and annual inspection certificate, legal representative code certificate, identification document of legal representative and necessary personal information, a list of board members and principal responsible persons, a list of financial directors, business license, tax registration certificate qualified for annual inspection of the tax department, photocopy of tax certificate and loan certificate (card) provided by the tax department according to pay off the principals and interest thereupon under the Main Contracts and relevant expensesnumber of years required by Party A;
II. Transfer it into term deposit 10.7.2 All bank of deposit, accounts, deposits and mortgage the deposit receiptloans;
III. Deposit it with a third party designated 10.7.3 Audited balance sheet, profit and loss statement, statement of changes in owner’s equity, sales volume, cash flow statement, financial statements and notes provided by Party BA for the number of years required by Party A;
11.5 In 10.7.4 Production and operation plans, statistical statements and project budget and final accounts data;
10.7.5 All external guarantees (including any agencies of the following conditionsParty A);
10.7.6 All affiliated enterprises involving related relationship information, related party transactions that have occurred and are about to occur accounting for more than 10% of Party B’s net assets, as well as mutual guarantees within group customers;
10.7.7 Litigation, adjudication, administrative penalties, debt disputes and criminal prosecution of individual shareholders or senior management;
10.7.8 If Party B pays independently, Party B shall have actively cooperate with Party A in the right inspection and supervision of the use of the loan funds, and shall collect and report the use of the loan funds to dispose Party A on a regular basis in accordance with the Mortgage earlier and get paid first from the proceeds from the disposal:requirements of Party A.
11.5.1 10.8 Party B legally dissolve shall repay the Main Contracts principal and interest of the loan in accordance with this agreement.
10.9 Party B shall notify Party A in writing 30 days prior to any change in its business mode, system and legal status, including but not limited to contracting, leasing, escrow, asset restructuring, debt restructuring, equity restructuring, joint venture, merger and acquisition (consolidation), division, joint venture (cooperation), reduction of registered capital, application for suspension of business, application for dissolution (or cancellation), application for reorganization, reconciliation and bankruptcy, and shall implement the liability for paying off the debts hereunder with written consent of Party A, or provide a new guarantee approved by Party A in writing; otherwise, such activities shall not be carried out before paying off all debts hereunder.
10.10 Party B shall notify Party A in writing within three days after the occurrence of its own system and legal status, including but not limited to being declared closed for rectification, being declared closed, being declared dissolved (cancelled), being applied for reorganization, bankruptcy, being involved in major economic disputes, the debt of any financial institution is due and not paid off, or any other situation that is sufficient to endanger its normal operation and loss of guarantee ability, and shall take full and effective measures to protect Party A’s creditor’s rights.
10.11 Within three days after the occurrence of any other circumstances sufficient to endanger the normal operation of Party A or the safety of Party A's creditor's rights, Party A shall be notified in writing to Party A and at the same time take sufficient and effective measures to protect Party A’s claims.
10.12 If Party B changes its domicile, business scope, articles of association, name, legal representative or other middle and senior management, Party B shall notify Party A in writing within seven days after the change.
10.13 If the mortgage is secured under this agreement, Party B warrants to notify Party A at the first time it learns the information about the impending demolition of the mortgaged property.
10.13.1 If the demolition takes the form of compensation for the exchange of property rights, Party B or the mortgagor shall, in accordance with the requirements of Party A, deal with the following: þ To settle the claims under this agreement immediately; ☒ Party B shall provide other guarantees that meet the requirements of Party A; ☒ The mortgagor shall use the exchanged property as per the provisions thereof, provided that the main obligations under guaranty of this agreement and re-sign the mortgage contract have been incurred in part or in whole and have not been performed in full;
11.5.2 When go through the mortgage registration; however, before the new mortgage registration is completed, Party B requests the Debtor to perform his obligations earlier shall provide other guarantees as per the provisions of the Main Contracts requested by Party A.
10.13.2 If compensation is adopted for demolition and the creditor’s rights under the Main Contracts cannot be realized or cannot be realized in whole.
11.6 relocation, Party B A shall have the right to request Party B or mortgagor to adopt one or more of the following ways: þ To settle the claims under this agreement immediately; þ The compensation shall be deposited into a fixed-term account opened by Party A with the pledge of the certificate of deposit as the guarantee under this agreement; þ Party A shall open a security deposit account and sign a pledge contract to assist Party B in protecting deposit the hypothecation from being infringed by any third party.
11.7 Unless otherwise specified by any laws, regulations and/or financial rules, compensation into the security deposit account as a guarantee under this agreement; þ Party B shall keep confidential provide other guarantees that meet the requirements of the undisclosed information contained in any and all relevant documents, financial reports and other relevant documents submitted by Party A during the performance of his obligations hereunder;
11.8 If Party B needs to legally transfer the principal creditor’s rights, it shall give a notice to Party A in time;
11.9 After the hypothecation is realized, Party B shall does its best efforts to cooperate Party A in exercising his right of recovering the Mortgage from the creditor.
11.10 The balance of the proceeds from disposal of the Mortgage hereunder after repayment of all the obligations within the scope of mortgage & guarantee hereunder shall be returned to Party A.
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Rights and Obligations of Party B. 11.1 6.1 Party B shall have the right provide “Yiqifu” product services to request Party A to provide relevant documents evidencing his legal identityin accordance with the terms of this Agreement.
11.2 6.2 Party B shall have only provides “Yiqifu” services, ensuring the right to request Party A to provide financial reports completeness of instructions and other documents reflecting his credit standing.
11.3 In any of the following conditions, Party B shall have the right to legally dispose the Mortgage:
11.3.1 information transmission. Party B does not receive conduct substantive review of transaction instructions, data, or information provided by Party A, and is not responsible for any disputes between Party A, members, and banks. If a transaction fails due to an account error and involves the discharge upon the expiration transfer of funds for transaction cancellation, addition, or replacement of the time for re-paying in part or in whole the principal of the obligation under the Main Contracts or the interest thereupon;
11.3.2 When any of the conditions specified in Article 10.5 herein occurs and receiving account, Party A fails to separately provide corresponding guarantee;
11.3.3 Other circumstances under should first submit the relevant documents in accordance with Party B’s regulations and affix an official seal, which Party B can realize its creditor’s rights earlier as per the provisions will then execute only upon receipt of the Main Contracts;
11.3.4 Other circumstances under which required documents. Otherwise, Party B can realize hypothecation as per the provisions herein.
11.4 If it is agreed to dispose the Mortgage earlier as per the provisions in this Contract, Party A agrees that Party B shall have has the right to dispose refuse to execute the proceeds from instructions.
6.3 Party B has the disposal right to temporarily suspend the services under this Agreement due to system upgrades, maintenance, or other reasons, but shall notify Party A one working day in advance and provide the estimated date of service resumption. The duration of suspension due to system upgrades, maintenance, or fault recovery shall not exceed one working day and shall be scheduled during a time that minimizes the Mortgage in impact on Party A’s business activities.
6.4 Party B reserves the following means:
I. Use it right to pay off the principals independently judge and interest thereupon under the Main Contracts and relevant expenses;
IIdetermine risk events. Transfer it into term deposit and mortgage the deposit receipt;
III. Deposit it with a third party designated If requested by Party B;
11.5 In any of the following conditionsjudicial or regulatory authorities, Party B will process the request in accordance with their requirements. Party A shall have bear all responsibilities arising from this, and if Party B incurs any losses as a result, Party B has the right to dispose suspend the Mortgage earlier provision of services to Party A and get paid first deduct the relevant amount from the proceeds from the disposal:
11.5.1 Party A’s risk deposit. If there is no risk deposit, Party B legally dissolve the Main Contracts as per the provisions thereof, provided that the main obligations under the mortgage contract have been incurred in part or in whole and have not been performed in full;
11.5.2 When Party B requests the Debtor to perform his obligations earlier as per the provisions of the Main Contracts and the creditor’s rights under the Main Contracts cannot be realized or cannot be realized in whole.
11.6 Party B shall have has the right to request seek recovery from Party A to assist Party B in protecting A.
6.5 After the hypothecation from being infringed by any third party.
11.7 Unless otherwise specified by any laws, regulations and/or financial rulestermination of this Agreement, Party B shall keep confidential of still has the undisclosed information contained in any right to query and all relevant documents, financial reports recover transactions within five years prior to the termination.
6.6 Funds circulated and other relevant documents submitted stored by Party A during or members through the performance of his obligations hereunder;
11.8 If “Yiqifu” service provided by Party B needs do not generate any form of interest under any circumstances.
6.7 Due to legally transfer the principal creditor’s rightsinfluence of judicial or regulatory authorities, it shall give a notice competent authorities, partner banks, or other organizations, the services provided by Party B under this Agreement may change. Party B has the right to adjust or terminate the provision of services to Party A in time;
11.9 After accordance with the hypothecation is realizedaforementioned changes, and shall promptly notify Party B A. All parties shall does its best efforts to cooperate Party A in exercising his right of recovering the Mortgage bear their own losses arising from the creditorthis.
11.10 The balance of the proceeds from disposal of the Mortgage hereunder after repayment of all the obligations within the scope of mortgage & guarantee hereunder shall be returned to Party A.
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Rights and Obligations of Party B. Article 11.1 Party B warrants that the signing of this Agreement has been effectively authorized.
Article 11.2 Party B shall have the obligation to properly keep and keep confidential Party A’s information and situation about its debts, finance, production, operation, etc. obtained from the signing and performance of this Agreement. Without the consent of Party A, Party B shall not be disclosed to unrelated parties in any form, except for the following circumstances:
11.2.1 Disclosure in accordance with the provisions of laws and regulations or the requirements of authorities.
11.2.2 Party B shall disclose to the third party and to the relevant parties in accordance with relevant laws, regulations or rules when Party B transfers the creditor’s rights hereunder to a third party, or agrees that the creditor’s rights hereunder shall be managed by a third party in trust, or other forms of asset securitization.
Article 11.3 During the term of this Agreement, if Party B changes its domicile, it shall promptly issue an announcement or notice of the change of domicile.
Article 11.4 Party B shall have the right to assign all or part of the creditor’s rights hereunder to a third party without obtaining consent from Party A.
Article 11.5 Party B shall have the right to supervise and review the use of the loan hereunder, and to know about Party A’s business activities, provision of guarantees and debt disputes; Party B shall have the right to periodically monitor and reassess the guarantee capacity of the guarantor provided by Party A. If the guarantee capacity of the guarantor decreases, Party B shall have the right to request Party A to provide relevant documents evidencing his legal identityadditional guarantee at any time.
11.2 Article 11.6 Party B shall have the right to withdraw all the loans in advance according to the withdrawal of Party A’s funds.
Article 11.7 Party A hereby authorizes Party B to request Party A to provide financial reports repay in advance or assume the guarantee liability for the guarantee provided by Party A in case of Party A’s breach of Agreement or any situation affecting its solvency, or any situation that damages or is likely to damage the legitimate rights and other documents reflecting his credit standing.interests of Party B.
11.3 Article 11.8 In any order to continuously improve the function and operation of Party B’s loan service platform and improve the security, reliability and convenience of operation of the following conditionsinformation system, Party B shall have the right to legally dispose maintain, upgrade and transform the Mortgage:information system of the platform as required.
11.3.1 Article 11.9 Party B does shall not receive the discharge upon the expiration of the time for re-paying in part or in whole the principal of the obligation under the Main Contracts or the interest thereupon;
11.3.2 When be liable if Party B’s online platform fails to correctly execute Party A’s electronic instructions due to any of the conditions specified in Article 10.5 herein occurs and following circumstances:
11.9.1 Party A fails to separately provide corresponding guarantee;operate the system correctly.
11.3.3 Other circumstances under which 11.9.2 The electronic instruction information received by Party B can realize its creditor’s rights earlier as per the provisions of the Main Contracts;
11.3.4 Other circumstances under which Party B can realize hypothecation as per the provisions hereinis unclear, incomplete or unidentifiable.
11.4 If it is agreed 11.9.3 Force majeure or other circumstances not attributable to dispose the Mortgage earlier as per the provisions in this Contract, Party B.
Article 11.10 When Party A agrees that Party B shall have the right to dispose the proceeds from the disposal of the Mortgage in the following means:
I. Use it to pay off the principals and interest thereupon under the Main Contracts and relevant expenses;
II. Transfer it into term deposit and mortgage the deposit receipt;
III. Deposit it with a third party designated by uses Party B;
11.5 In any of the following conditions’s online platform, Party B shall have not be liable for the right loss and other adverse consequences caused by the error of data message or the error of identifying, processing or executing Party A’s instructions not attributable to dispose the Mortgage earlier and get paid first from the proceeds from the disposal:
11.5.1 Party B’s fault. However, Party B legally dissolve the Main Contracts as per the provisions thereof, provided that the main may provide necessary assistance to Party A in handling such error.
Article 11.11 If Party B fails to perform its obligations under the mortgage contract have been incurred in part this agreement due to force majeure (including but not limited to war, natural disasters, power supply interruption, fire, earthquake, etc.), accidents or in whole and have not been performed in full;
11.5.2 When other circumstances beyond Party B requests the Debtor to perform his obligations earlier as per the provisions of the Main Contracts and the creditorB’s rights under the Main Contracts cannot be realized or cannot be realized in whole.
11.6 Party B shall have the right to request Party A to assist Party B in protecting the hypothecation from being infringed by any third party.
11.7 Unless otherwise specified by any laws, regulations and/or financial rulescontrol, Party B shall keep confidential not bear or bear part of the undisclosed information contained in any responsibility according to the impact of force majeure and all relevant documents, financial reports the provisions of laws and other relevant documents submitted by Party A during the performance of his obligations hereunder;
11.8 If Party B needs to legally transfer the principal creditor’s rights, it shall give a notice to Party A in time;
11.9 After the hypothecation is realized, Party B shall does its best efforts to cooperate Party A in exercising his right of recovering the Mortgage from the creditorregulations.
11.10 The balance of the proceeds from disposal of the Mortgage hereunder after repayment of all the obligations within the scope of mortgage & guarantee hereunder shall be returned to Party A.
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Rights and Obligations of Party B. 11.1 1. Party B shall be responsible for co-ordinating with relevant authorities and making applications to obtain and obtaining all the relevant approvals from relevant government departments and authorities concerning the project in this Agreement. If Party B should fail to obtain all such approvals from the Municipal Management Bureau in respect of the site location of the visual advertisement LED Panel mentioned above (as confirmed in writing by Party A) by 10th October, 2007 Party A shall be entitled to unilaterally terminate this Agreement. If the parties hereto shall nevertheless through negotiation agree in writing to extend the time for obtaining such approval then Party B must continue with its effort to obtain all such approval within the extended period of time under such new agreement.
2. Party B shall ensure that all the examination and scrutinizing procedures of the Municipal Management Bureau and other relevant authorities will be completed before 31st August, 2007so as to ensure that Party A will be able to commence working on the building of foundation for the LED Panel mentioned above as confirmed by Party A in writing and with electricity supply connected to the location.
3. Party B’s obtaining of all requisite approvals from the relevant authorities for the works in the project hereunder shall be completed no later than 31st August, 2007.
4. Party B shall be responsible to meet all needs for co-ordination and communication with the owner and/or management office of the building at which the project hereunder is located and ensure that Party A shall be entitled to have independent, exclusive and complete utilization of the right LED Panel. Party B shall bear all the fees to request be charged for the use of such location.
5. Party B shall be responsible to co-ordinate the work of Party A for the daily maintenance and repair of the system in the project hereunder.
6. Party B shall not engage in advertising business within the same district at which the visual LED Panel under this contract is located. Party B shall bear all economic losses and legal consequences arising from any advertising business or violation of rights in the course of publication or dissipation of advertisements occasioned by Party B in its own initiative.
7. Party B shall give a lawful receipt to Party A upon its receiving the payment of any sum payable by Party A to Party B.
8. Party A shall provide to Party B at least 5 working days prior to the intended date of publication a full set of documents in respect of the advertisements as proposed by its customer to enable Party B to make the relevant documents evidencing his legal identity.
11.2 application to the relevant department of the government for the requisite approval. Party B shall have return to Party A the right copy of the approval papers issued by the relevant government department with the seal of Party B thereon within 3 working days upon the issue of such approval to request provide the legal basis for Party A to provide financial reports and other documents reflecting his credit standing.
11.3 In any proceed with the publication of the following conditions, relevant advertisement. Party B shall have the right to legally dispose the Mortgage:
11.3.1 Party B does not receive the discharge upon the expiration of the time for re-paying in part or in whole the principal of the obligation under the Main Contracts or the interest thereupon;
11.3.2 When any of the conditions specified in Article 10.5 herein occurs and Party A fails to separately provide corresponding guarantee;
11.3.3 Other circumstances under which Party B can realize its creditor’s rights earlier as per the provisions of the Main Contracts;
11.3.4 Other circumstances under which Party B can realize hypothecation as per the provisions herein.
11.4 If it is agreed to dispose the Mortgage earlier as per the provisions in this Contract, Party A agrees that Party B shall have the right to dispose the proceeds from the disposal of the Mortgage in the following means:
I. Use it to pay off the principals and interest thereupon under the Main Contracts and relevant expenses;
II. Transfer it into term deposit and mortgage the deposit receipt;
III. Deposit it with a third party designated by Party B;
11.5 In any of the following conditions, Party B shall have the right to dispose the Mortgage earlier and get paid first from the proceeds from the disposal:
11.5.1 Party B legally dissolve the Main Contracts as per the provisions thereof, provided that the main obligations under the mortgage contract have been incurred in part or in whole and have not been performed in full;
11.5.2 When Party B requests the Debtor to perform his obligations earlier as per the provisions of the Main Contracts and the creditor’s rights under the Main Contracts cannot be realized or cannot be realized in whole.
11.6 Party B shall have the right to request Party A to assist Party B in protecting the hypothecation from being infringed by any third party.
11.7 Unless otherwise specified by any laws, regulations and/or financial rules, Party B shall keep confidential of the undisclosed information contained in any and all relevant documents, financial reports and other relevant documents submitted by Party A during the performance of his obligations hereunder;
11.8 If Party B needs to legally transfer the principal creditor’s rights, it shall give a notice also consent to Party A in time;
11.9 After sending persons to make inquiries at the hypothecation is realized, relevant department of the government to verify the issuance of the approval papers. If the contents of the intended advertisement fail to get the relevant approval Party A shall co-ordinate its effort with Party B shall does its best efforts to cooperate Party A make a fresh application or cancel the advertisement altogether. Any issue arising in exercising his right of recovering the Mortgage from the creditor.
11.10 The balance respect of the proceeds from disposal of the Mortgage hereunder after repayment of all the obligations within the scope of mortgage & guarantee hereunder fees payable for such application shall be returned to Party A.resolved through negotiation between the parties hereto.
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Rights and Obligations of Party B. 11.1 10.1 Party B shall have the right to request Party A to provide relevant documents evidencing his legal identity.
11.2 Party B shall have the right to request Party A to provide financial reports and other documents reflecting his credit standing.
11.3 In any of the following conditions, Party B shall have the right to legally dispose the Mortgage:
11.3.1 Party B does not receive the discharge upon the expiration of the time for re-paying in part or in whole the principal of the obligation under the Main Contracts or the interest thereupon;
11.3.2 When any of the conditions specified in Article 10.5 herein occurs and Party A fails to separately provide corresponding guarantee;
11.3.3 Other circumstances under which Party B can realize its creditor’s rights earlier as per the provisions of the Main Contracts;
11.3.4 Other circumstances under which Party B can realize hypothecation as per the provisions herein.
11.4 If it is agreed to dispose the Mortgage earlier as per the provisions in this Contract, Party A agrees guarantees that Party B shall have the right to dispose the proceeds from the disposal of the Mortgage in property under its management, to carry on the following means:
I. Use it business related to pay off the principals and interest thereupon under the Main Contracts and relevant expenses;
II. Transfer it into term deposit and mortgage the deposit receipt;
III. Deposit it with a third party designated by Party B;
11.5 In any use of the following conditionsloan under this contract, and to sign and perform this contract as a legal unit registered in accordance with the law and effectively surviving.
10.2 Party B warrants that the signing of this contract has been approved by the competent department at a higher level or by the shareholders (large) meeting, board of directors and other competent bodies of the company in accordance with the law, and has obtained all necessary authorization.
10.3 Party B warrants that it shall sign and perform this contract without violating any provisions or agreements that are binding on Party B and its assets, Party B shall have not violate any guarantee agreements, other agreements and any other documents, agreements and undertakings that are binding on Party B.
10.4 Party B guarantees to provide the necessary documents and materials as required by Party A, and to ensure that the documents and materials provided are true, accurate, complete, legal and valid.
10.5 Party B has the right to dispose withdraw and use the Mortgage earlier loan in accordance with this contract.
10.6 Party B shall use the loan in accordance with the purpose and get paid first from mode of payment stipulated in this contract. The borrowed funds shall not be invested in the proceeds from securities market, futures market or other uses prohibited or restricted by relevant laws and regulations in any form.
10.7 Party B shall, in accordance with the disposalrequirements of Party A, cooperate with the pre-loan investigation, the loan examination and the post-loan inspection, and provide it in a timely manner. Including, but not limited to:
11.5.1 10.7.1 Business license and annual inspection certificate, legal person code certificate, identity certificate of legal representative and necessary personal information, list of members of the board of directors, principal responsible persons and persons in charge of finance, business license, the tax registration certificate of the annual inspection of the tax department, the photocopy of the tax payment certificate of the tax department that meets the requirements of Party A, and the loan card;.
10.7.2 Status of deposits, loans and bank account;
10.7.3 The audited balance sheet, income statement, statement of changes in owner's equity and sales volume, statement of cash flows, financial statements and notes and notes, as well as prior to the repayment of the loans under this contract, which meet the requirements of Party A. The financial indicators of the enterprise shall be kept within the standards stipulated in this contract:
10.7.4 Production and business plans, statistical statements, project budget and final accounts, project progress, transaction contract information;
10.7.5 All external guarantees (including any agencies of Party A);
10.7.6 Information on all affiliated enterprises and related relationships, related party transactions that have occurred or are about to take place, accounting for more than 10% of their net assets, as well as mutual guarantees within group customers;
10.7.7 The occurrence of litigation, arbitration, administrative penalties, debt disputes with others and criminal prosecution of individual shareholders or senior management personnel;
10.7.8 If Party B legally dissolve pays independently, Party B shall actively cooperate with Party A in the Main Contracts inspection and supervision of the use of the loan funds, and shall collect and report the use of the loan funds to Party A on a regular basis in accordance with the requirements of Party A.
10.8 Party B shall repay the principal and interest of the loan in accordance with this contract.
10.9 Party B shall notify Party A in writing 30 days prior to any change in its business mode, system and legal status, including but not limited to contracting, leasing, escrow, asset restructuring, debt restructuring, equity restructuring, joint venture, merger (merger), division, joint venture (cooperation), reduction of registered capital, application for suspension of business, application for dissolution (or cancellation), application for reorganization, reconciliation and bankruptcy, and shall implement the liability for paying off the debts hereunder with written consent of Party A, or provide a new guarantee approved by Party A in writing; otherwise, such activities shall not be carried out before paying off all debts hereunder.
10.10 Party B shall notify Party A in writing within three days after the occurrence of its own system and legal status, including but not limited to being declared closed for rectification, being declared closed, being declared dissolved (cancelled), being applied for reorganization, bankruptcy, being involved in major economic disputes, the debt of any financial institution is due and not paid off, or any other situation that is sufficient to endanger its normal operation and loss of guarantee ability, and shall take full and effective measures to preserve party a's creditor's rights.
10.11 Within three days after the occurrence of any other circumstances sufficient to endanger the normal operation of Party A or the safety of Party A's creditor's rights, Party A shall be notified in writing to Party A and at the same time take sufficient and effective measures to preserve Party A's claims.
10.12 If Party B changes its domicile, business scope, articles of association, name, legal representative or other middle and senior management, Party B shall notify Party A in writing within 7 days after the change.
10.13 If the mortgage is secured under this contract, Party B warrants to notify Party A at the first time after learning the information about the impending demolition of the mortgaged property.
10.13.1 If the demolition takes the form of compensation for the exchange of property rights, Party B or the mortgagor shall, in accordance with the requirements of Party A, deal with the following: þ To settle the claims under this contract immediately; ☒ Party B shall provide other guarantees that meet the requirements of Party A. ☒ The mortgagor shall use the exchanged property as per the provisions thereof, provided that the main obligations under guaranty of this contract and re-sign the mortgage contract have been incurred in part or in whole and have not been performed in full;
11.5.2 When go through the mortgage registration; however, before the new mortgage registration is completed, Party B requests the Debtor to perform his obligations earlier shall provide other guarantees as per the provisions of the Main Contracts requested by Party A.
10.13.2 if compensation is adopted for demolition and the creditor’s rights under the Main Contracts cannot be realized or cannot be realized in whole.
11.6 relocation, Party B A shall have the right to request Party A B or mortgagor to assist Party B in protecting the hypothecation from being infringed by any third party.
11.7 Unless otherwise specified by any laws, regulations and/or financial rules, Party B shall keep confidential adopt one or more of the undisclosed information contained in any and all relevant documents, financial reports and other relevant documents submitted following ways: þ To settle the claims under this contract immediately; þ The compensation shall be deposited into a fixed-term account opened by Party A during with the performance of his obligations hereunder;
11.8 If Party B needs to legally transfer the principal creditor’s rights, it shall give a notice to Party A in time;
11.9 After the hypothecation is realized, Party B shall does its best efforts to cooperate Party A in exercising his right of recovering the Mortgage from the creditor.
11.10 The balance pledge of the proceeds from disposal certificate of deposit as the Mortgage hereunder after repayment of all the obligations within the scope of mortgage & guarantee hereunder shall be returned to Party A.under this contract;
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Rights and Obligations of Party B. 11.1 7.1 Party B shall have exercise the rights and perform the obligations as follows:
(1) Party B has the right to request require Party A to provide relevant documents evidencing his legal identity.financing as agreed herein;
11.2 (2) Party B shall have pay a factoring business handling charge, factoring financing interest, delayed repayment interest and other related fees as provided herein, and perform its repurchase obligation hereunder;
(3) Party B shall reach agreement with the right purchaser that the accounts receivable shall be directly remitted to request the factoring account by the purchaser; as for the those that cannot be transferred directly into the factoring account through the settlement by bill, Party B shall ensure that it transfers the money into the factoring account once it receives such money in a timely manner;
(4) Party B shall actively coordinate with Party A to for its investigation of Party B’s operation and financial conditions, and promptly provide Party A with accounting and financial reports statements and other documents reflecting his credit standingmaterials at Party A’s request;
(5) Party B shall provide necessary assistance in Party A’s payment collection measures or action against the purchaser;
(6) Party B shall provide Party A with a guarantee for performance of its obligations hereunder, which is satisfactory to Party A. If the guarantee provided by Party B is a maximum amount guarantee, the name of such guarantee contract is: Maximum Guarantee Contract (contract number: 0024 Xxxx Xxxx (Di) Zi 2011.
11.3 In (7) Party B shall notify Party A of any of the following conditionsevents within 5 days upon occurrence of such event, and shall provide materials with respect to such event: • Any event resulting in breach of contract • Any anticipatory breach or any event which may damage Party A’s interests hereunder; • Being involved in any litigation, arbitration procedures or claim in any form in which Party B is accountable for an amount of more than RMB ________ or other currencies equivalent; • Change of the company’s name, domicile, registered capital, business scope, type and amendment of company’s Articles of Association, or shareholding restructuring, contracting, leasing, consolidation, split, joint operation, contract or equity joint venture, or any significant change to company’s financial status, alteration of stock equity and other major events;
(8) If the guarantee is in any form provided by the purchaser or any third party for Party B’s Account Receivables is assignable, Party B shall have assign the right guarantee to legally dispose Party A; if the Mortgage:
11.3.1 Party B does guarantee is not receive the discharge upon the expiration of the time for re-paying in part or in whole the principal of the obligation under the Main Contracts or the interest thereupon;
11.3.2 When any of the conditions specified in Article 10.5 herein occurs and Party A fails to separately provide corresponding guarantee;
11.3.3 Other circumstances under which Party B can realize its creditor’s rights earlier as per the provisions of the Main Contracts;
11.3.4 Other circumstances under which Party B can realize hypothecation as per the provisions herein.
11.4 If it is agreed to dispose the Mortgage earlier as per the provisions in this Contract, Party A agrees that Party B shall have the right to dispose the proceeds from the disposal of the Mortgage in the following means:
I. Use it to pay off the principals and interest thereupon under the Main Contracts and relevant expenses;
II. Transfer it into term deposit and mortgage the deposit receipt;
III. Deposit it with a third party designated by Party B;
11.5 In any of the following conditionsassignable, Party B shall have assist Party A with recoursing the right to dispose debt when necessary.
(9) Besides the Mortgage earlier and get paid first from the proceeds from the disposal:
11.5.1 Party B legally dissolve the Main Contracts as per the provisions thereof, provided that the main obligations under the mortgage contract have been incurred in part or in whole and have not been performed in full;
11.5.2 When Party B requests the Debtor to perform his obligations earlier as per the provisions of the Main Contracts Account Receivables and the creditor’s related rights under the Main Contracts cannot be realized or cannot be realized in whole.
11.6 assigned to Party B shall have the right to request Party A to assist Party B in protecting the hypothecation from being infringed by any third party.
11.7 Unless otherwise specified by any laws, regulations and/or financial rulesA, Party B shall keep confidential of continue to perform other obligations under the undisclosed information contained in any Purchase and all relevant documents, financial reports and other relevant documents submitted by Party A during the performance of his obligations hereunderSale or Service Contract;
11.8 If (10) Party B needs shall not execute any agreement or document which is sufficient to legally transfer the principal creditordamage Party A’s rightsinterests hereunder, it shall give a notice or conduct any act which is sufficient to damage Party A A’s interests after this Contract becomes effective.
7.2 Except as provided in time;
11.9 After the hypothecation is realizedArticle 7.1 herein, Party B shall does bear ultimate repayment liability for the financing under Recourse Factoring business. Any reason which causes failure to collect the Account Receivables in time and in full amount, shall not prejudice Party A’s excising and realizing its best efforts to cooperate Party A in exercising his right of recovering the Mortgage from the creditor.
11.10 The balance of the proceeds from disposal of the Mortgage hereunder after repayment of all the obligations within the scope of mortgage & guarantee hereunder shall be returned to recourse against Party A.B.
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Samples: Domestic Factoring Contract (Asia Green Agriculture Corp)
Rights and Obligations of Party B. 11.1 10.1 Party B shall have the right to request Party A to provide relevant documents evidencing his legal identity.
11.2 Party B shall have the right to request Party A to provide financial reports and other documents reflecting his credit standing.
11.3 In any of the following conditions, Party B shall have the right to legally dispose the Mortgage:
11.3.1 Party B does not receive the discharge upon the expiration of the time for re-paying in part or in whole the principal of the obligation under the Main Contracts or the interest thereupon;
11.3.2 When any of the conditions specified in Article 10.5 herein occurs and Party A fails to separately provide corresponding guarantee;
11.3.3 Other circumstances under which Party B can realize its creditor’s rights earlier as per the provisions of the Main Contracts;
11.3.4 Other circumstances under which Party B can realize hypothecation as per the provisions herein.
11.4 If it is agreed to dispose the Mortgage earlier as per the provisions in this Contract, Party A agrees guarantees that Party B shall have the right to dispose the proceeds from the disposal of the Mortgage in property under its management, to carry on the following means:
I. Use it business related to pay off the principals and interest thereupon under the Main Contracts and relevant expenses;
II. Transfer it into term deposit and mortgage the deposit receipt;
III. Deposit it with a third party designated by Party B;
11.5 In any use of the following conditionsloan under this contract, and to sign and perform this contract as a legal unit registered in accordance with the law and effectively surviving.
10.2 Party B warrants that the signing of this contract has been approved by the competent department at a higher level or by the shareholders (large) meeting, board of directors and other competent bodies of the company in accordance with the law, and has obtained all necessary authorization.
10.3 Party B warrants that it shall sign and perform this contract without violating any provisions or agreements that are binding on Party B and its assets, Party B shall have not violate any guarantee agreements, other agreements and any other documents, agreements and undertakings that are binding on Party B.
10.4 Party B guarantees to provide the necessary documents and materials as required by Party A, and to ensure that the documents and materials provided are true, accurate, complete, legal and valid.
10.5 Party B has the right to dispose withdraw and use the Mortgage earlier loan in accordance with this contract.
10.6 Party B shall use the loan in accordance with the purpose and get paid first from mode of payment stipulated in this contract. The borrowed funds shall not be invested in the proceeds from securities market, futures market or other uses prohibited or restricted by relevant laws and regulations in any form.
10.7 Party B shall, in accordance with the disposalrequirements of Party A, cooperate with the pre-loan investigation, the loan examination and the post-loan inspection, and provide it in a timely manner. Including, but not limited to:
11.5.1 10.7.1 Business license and annual inspection certificate, legal person code certificate, identity certificate of legal representative and necessary personal information, list of members of the board of directors, principal responsible persons and persons in charge of finance, business license, the tax registration certificate of the annual inspection of the tax department, the photocopy of the tax payment certificate of the tax department that meets the requirements of Party A, and the loan card;.
10.7.2 Status of deposits, loans and bank account;
10.7.3 The audited balance sheet, income statement, statement of changes in owner’s equity and sales volume, statement of cash flows, financial statements and notes and notes, as well as prior to the repayment of the loans under this contract, which meet the requirements of Party A. The financial indicators of the enterprise shall be kept within the standards stipulated in this contract:
10.7.4 Production and business plans, statistical statements, project budget and final accounts, project progress, transaction contract information;
10.7.5 All external guarantees (including any agencies of Party A);
10.7.6 Information on all affiliated enterprises and related relationships, related party transactions that have occurred or are about to take place, accounting for more than 10% of their net assets, as well as mutual guarantees within group customers;
10.7.7 The occurrence of litigation, arbitration, administrative penalties, debt disputes with others and criminal prosecution of individual shareholders or senior management personnel;
10.7.8 If Party B legally dissolve pays independently, Party B shall actively cooperate with Party A in the Main Contracts inspection and supervision of the use of the loan funds, and shall collect and report the use of the loan funds to Party A on a regular basis in accordance with the requirements of Party A.
10.8 Party B shall repay the principal and interest of the loan in accordance with this contract.
10.9 Party B shall notify Party A in writing 30 days prior to any change in its business mode, system and legal status, including but not limited to contracting, leasing, escrow, asset restructuring, debt restructuring, equity restructuring, joint venture, merger (merger), division, joint venture (cooperation), reduction of registered capital, application for suspension of business, application for dissolution (or cancellation), application for reorganization, reconciliation and bankruptcy, and shall implement the liability for paying off the debts hereunder with written consent of Party A, or provide a new guarantee approved by Party A in writing; otherwise, such activities shall not be carried out before paying off all debts hereunder.
10.10 Party B shall notify Party A in writing within three days after the occurrence of its own system and legal status, including but not limited to being declared closed for rectification, being declared closed, being declared dissolved (cancelled), being applied for reorganization, bankruptcy, being involved in major economic disputes, the debt of any financial institution is due and not paid off, or any other situation that is sufficient to endanger its normal operation and loss of guarantee ability, and shall take full and effective measures to preserve party a’s creditor’s rights.
10.11 Within three days after the occurrence of any other circumstances sufficient to endanger the normal operation of Party A or the safety of Party A’s creditor’s rights, Party A shall be notified in writing to Party A and at the same time take sufficient and effective measures to preserve Party A’s claims.
10.12 If Party B changes its domicile, business scope, articles of association, name, legal representative or other middle and senior management, Party B shall notify Party A in writing within 7 days after the change.
10.13 If the mortgage is secured under this contract, Party B warrants to notify Party A at the first time after learning the information about the impending demolition of the mortgaged property.
10.13.1 If the demolition takes the form of compensation for the exchange of property rights, Party B or the mortgagor shall, in accordance with the requirements of Party A, deal with the following: þ To settle the claims under this contract immediately; ☒ Party B shall provide other guarantees that meet the requirements of Party A. ☒ The mortgagor shall use the exchanged property as per the provisions thereof, provided that the main obligations under guaranty of this contract and re-sign the mortgage contract have been incurred in part or in whole and have not been performed in full;
11.5.2 When go through the mortgage registration; however, before the new mortgage registration is completed, Party B requests the Debtor to perform his obligations earlier shall provide other guarantees as per the provisions of the Main Contracts requested by Party A.
10.13.2 if compensation is adopted for demolition and the creditor’s rights under the Main Contracts cannot be realized or cannot be realized in whole.
11.6 relocation, Party B A shall have the right to request Party A B or mortgagor to assist Party B in protecting the hypothecation from being infringed by any third party.
11.7 Unless otherwise specified by any laws, regulations and/or financial rules, Party B shall keep confidential adopt one or more of the undisclosed information contained in any and all relevant documents, financial reports and other relevant documents submitted following ways: þ To settle the claims under this contract immediately; þ The compensation shall be deposited into a fixed-term account opened by Party A during with the performance of his obligations hereunder;
11.8 If Party B needs to legally transfer the principal creditor’s rights, it shall give a notice to Party A in time;
11.9 After the hypothecation is realized, Party B shall does its best efforts to cooperate Party A in exercising his right of recovering the Mortgage from the creditor.
11.10 The balance pledge of the proceeds from disposal certificate of deposit as the Mortgage hereunder after repayment of all the obligations within the scope of mortgage & guarantee hereunder shall be returned to Party A.under this contract;
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Rights and Obligations of Party B. 11.1 1. Party B shall be responsible for making applications to obtain and obtaining all the relevant approvals from relevant government departments and authorities (excluding approvals in relation to telecommunications) in respect of this Project. Even if Party B should fail to obtain all such approvals by 31st March, 2007 this Agreement shall not be terminated but Party B shall continue with its effort to obtain such approvals until all the relevant approvals have been granted. Within one year after the signing of this Agreement, all the relevant approvals regarding the locations of the LED Panels in this project shall be reserved for use of this Project and be exclusive to Party A in the sense that Party B shall not co-operate with any other corporation regarding the matters related to this Project without first obtaining the written approval of Party A.
2. Party B shall ensure that all the examination and scrutinizing procedures of the City Management Bureau and all other relevant authorities will be completed on 30th April, 2007 so as to ensure that Party A will be able to commence working on the building of foundations for the 120 Small Scale LED Panels within the two stages of the Project and as confirmed in writing and with electricity supply connected to these locations.
3. Party B shall ensure that the lawful right to request of Party A to provide relevant documents evidencing his legal identitybroadcast its advertisements in the ordinary course of business shall not be infringed during the subsistence of this Agreement.
11.2 4. Party B is responsible for the daily protection of the system of this Project and shall not be engaged in any other business which is not connected with this Project.
5. Party A must obtain the prior written consent of Party B in order to assign its advertisement board operational right hereunder to another party. In such event, Party B may in writing require Party A to rectify the terms of its operation and if Party A shall be unable to do so within a prescribed period Party B shall have be empowered to terminate the right to request of Party A to provide financial reports and other documents reflecting his credit standinguse the LED Panels.
11.3 In any 6. Party B shall be entitled to the most preferred treatment amongst the advertising agents who place advertisements with Party A on the panels and will be entitled to make use of Party A’s service at the best price provided that it has to abide by Party A’s usual requirements on advertising agents with whom it is doing business. Any advertisement business to be ran by Party B itself shall be in strict accordance with the Code of Law of the following conditionsPeople’s Republic of China Governing Advertisements. Otherwise, Party B shall have bear all consequences and legal ramifications arising out of any infringement of right or violation of law in its advertisements and be responsible for the right to legally dispose the Mortgage:
11.3.1 Party B does not receive the discharge upon the expiration compensation of the time for re-paying in part or in whole the principal of the obligation under the Main Contracts or the interest thereupon;
11.3.2 When any of the conditions specified in Article 10.5 herein occurs and Party A fails to separately provide corresponding guarantee;
11.3.3 Other circumstances under which Party B can realize its creditor’s rights earlier as per the provisions of the Main Contracts;
11.3.4 Other circumstances under which Party B can realize hypothecation as per the provisions hereinall economic losses thereby arising.
11.4 If it is agreed to dispose the Mortgage earlier as per the provisions in this Contract, Party A agrees that 7. Party B shall have the right to dispose the proceeds from the disposal of the Mortgage in the following means:
I. Use it to pay off the principals and interest thereupon under the Main Contracts and relevant expenses;
II. Transfer it into term deposit and mortgage the deposit receipt;
III. Deposit it with a third party designated by Party B;
11.5 In any of the following conditions, Party B shall have the right to dispose the Mortgage earlier and get paid first from the proceeds from the disposal:
11.5.1 Party B legally dissolve the Main Contracts as per the provisions thereof, provided that the main obligations under the mortgage contract have been incurred in part or in whole and have not been performed in full;
11.5.2 When Party B requests the Debtor to perform his obligations earlier as per the provisions of the Main Contracts and the creditor’s rights under the Main Contracts cannot be realized or cannot be realized in whole.
11.6 Party B shall have the right to request Party A to assist Party B in protecting the hypothecation from being infringed by any third party.
11.7 Unless otherwise specified by any laws, regulations and/or financial rules, Party B shall keep confidential of the undisclosed information contained in any and all relevant documents, financial reports and other relevant documents submitted by Party A during the performance of his obligations hereunder;
11.8 If Party B needs to legally transfer the principal creditor’s rights, it shall give a notice issue invoices to Party A for the following charges :-
(a) Road Levy, Installation Foundations Fees (being engineering invoices in time;
11.9 After the hypothecation is realized, Party B shall does its best efforts to cooperate Party A in exercising his right of recovering the Mortgage from the creditorsuch cases).
11.10 The balance of the proceeds from disposal of the Mortgage hereunder after repayment of all the obligations within the scope of mortgage & guarantee hereunder shall be returned to Party A.(b) Operational Right Fee (being invoices for rental services) in such case.
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Rights and Obligations of Party B. 11.1 (1) Party B’s identity in this contract is: (Check one of three must be selected) ☐ The second closer of the procurement project (alternative supplier). During the contract period, the first transaction person of this bidding and procurement project [ “_” signed with Party A / / “After the termination of the contract, Party B can act as the second contractor of this project, and can only start to perform this contract after receiving the written notice from Party A, unless otherwise agreed in this contract. -Other partners.
(2) Whether Party B belongs to 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 Regulations on Safeguarding the Payment of Small and Medium-sized Enterprises and relevant laws and regulations.
(3) Party B provides outsourcing services in accordance with the 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 rectification situation; Really not If immediate rectification can be made, the rectification measures and rectification time limit shall be proposed within 24 hours, and Party A shall be informed in writing, and the rectification shall be in place within the promised rectification period.
(4) Party B shall have not accept the right entrustment of others to request Party A to provide relevant documents evidencing his legal identitycarry out the same business activities as this contract within the validity period of this contract and in the service area agreed in this contract.
11.2 (5) Party B shall have operate in strict accordance with laws, regulations and the requirements of the contract and its annexes to prevent the mail from being damaged; Do not handle the mail by throwing, trampling or other ways that are easy to damage the mail, strictly follow the operation rules of “big but not small, heavy but not light, and classified processing”, and handle the mail separately according to the type and time limit of the mail; Enter the information related to the mail collection service required by Party A in time and upload it to the information system designated by Party A. Party B irrevocably promises to waive the lien on the mail, 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 request Party A to provide financial reports and other documents reflecting his credit standingpossess or dispose of the mail.
11.3 In any of the following conditions(6) 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 agreement customers. When collecting mail, Party B shall have comply with Party A’s mail tariff control requirements, and shall not arbitrarily lower or raise the tariff standard, and illegal business practices such as high collection and low recording are strictly prohibited.
(7) When Party B’s employees provide services under this contract, they shall wear the same style tooling as employees of postal enterprises as required by the postal administration department, and indicate the name of Party B’s unit, L0G0 or other signs different from those of postal employees on the job number plate. The same style tooling of postal services shall be issued and recycled by Party B according to Party A’s requirements, and Party B shall not continue to use it after the termination of the contract.
(8) Party B shall establish a daily service quality supervision and inspection mechanism, formulate a peak season service guarantee plan, implement collaborative customer service responsibilities, timely check user complaints and appeals transferred by Party A, and give effective handling results.
(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 adhesive tape.
(10) Party B has the right to legally dispose obtain the Mortgage:
11.3.1 Party B does not receive corresponding outsourcing service fee according to the discharge upon the expiration of the time for re-paying actual completed work volume and assessment situation in part or in whole the principal of the obligation under the Main Contracts or the interest thereupon;
11.3.2 When any of the conditions specified in Article 10.5 herein occurs and Party A fails to separately provide corresponding guarantee;
11.3.3 Other circumstances under which Party B can realize its creditor’s rights earlier as per accordance with the provisions of the Main Contracts;
11.3.4 Other circumstances under which Party B can realize hypothecation as per the provisions hereinthis contract.
11.4 If it is agreed to dispose (11) After the Mortgage earlier as per the provisions in termination or termination of this Contract, Party A agrees that Party B shall have the right to dispose the proceeds from the disposal of the Mortgage in the following means:
I. Use it to pay off the principals and interest thereupon under the Main Contracts and relevant expenses;
II. Transfer it into term deposit and mortgage the deposit receipt;
III. Deposit it with a third party designated by Party B;
11.5 In any of the following conditionscontract, Party B shall have return the right to dispose the Mortgage earlier processing place, equipment and get paid first from the proceeds from the disposal:
11.5.1 Party B legally dissolve the Main Contracts as per the provisions thereoffacilities, materials and supplies, business orders, etc. (if any) provided that the main obligations under the mortgage contract have been incurred in part or in whole and have not been performed in full;
11.5.2 When Party B requests the Debtor to perform his obligations earlier as per the provisions of the Main Contracts and the creditor’s rights under the Main Contracts cannot be realized or cannot be realized in whole.
11.6 Party B shall have the right to request by Party A to assist Party B A at the same time as both parties settle the outsourcing service fee, and shall not continue to engage in protecting the hypothecation from being infringed by any third party.
11.7 Unless otherwise specified by any laws, regulations and/or financial rulesbusiness under this contract in the name of Party A or Party A’s partners. After the contract is terminated or terminated, Party B shall keep confidential actively handle and bear corresponding legal responsibilities for any legal disputes arising from Party B’s engagement in outsourcing projects under this contract.
(12) Party B shall ensure that employees have the competence suitable for completing the projects of this contract, abide by the rules and regulations, operation procedures and service specifications agreed in this contract, assume the responsibilities and obligations of the undisclosed information contained in any employer for the selected employees, provide employees with labor protection articles that meet the relevant standards, sign written labor contracts with the selected employees, and all relevant documents, financial reports and other relevant documents submitted by Party A during the performance of his obligations hereunder;
11.8 pay social insurance. If Party B needs or Party B’s personnel cause personal or property damage to legally transfer Party A, a third party or Party B’s employees, all legal responsibilities shall be borne by Party B.
(13) Party B shall provide Party A with the principal creditor’s rightsemployee roster, it and shall give a notice to inform Party A in time;
11.9 After the hypothecation writing of any changes 5 days in advance. If it is realizedfound that Party B’s employees harm Party A’s interests or are incompetent for outsourcing services, Party B shall does its best efforts to cooperate replace them within 5 days from the date of discovery or receipt of written notice from Party A, and properly handle follow-up matters.
(14) Party B designates Xxx Xxxxxxx as the project leader. Contact information (telephone, email): * * * ID number: * * * Party B recognizes and accepts any written documents of this project signed by the project leader in Confirmation. If the person in charge of Party B’s project is changed, Party B shall notify Party A in exercising his right of recovering the Mortgage from the creditorwriting 15 days in advance.
11.10 The balance of the proceeds from disposal of the Mortgage hereunder after repayment of all the obligations within the scope of mortgage & guarantee hereunder shall be returned to Party A.
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Samples: Business Project Outsourcing Service Contract (Baiya International Group Inc.)
