Common use of Rights and Obligations of Party C Clause in Contracts

Rights and Obligations of Party C. (a) Party C shall assist Party B to supervise whether Party A uses the loan for the agreed uses. Party C’s assistance in supervision only means that Party C shall provide Party B with the statements of each loan hereunder for the period of three months from the date of the withdrawal of such loans to the deposit account opened by Party A in Party C. Party C shall not be obliged to continuously supervise the use of loans. (b) Party C shall have the right to report to Party B the information of Party A related to the entrusted loan and the information of deposits, loans and settlement of Party A in Party C. (c) In case of cancellation of industrial and commercial administrative registration, revocation of business license, death, disappearance and loss of the capability of civil conducts of Party A, Party C shall have the right to terminate the entrustment relationship with Party B and send the Notice of Termination of the Entrustment Relationship to Party B. The entrustment relationship between Party B and Party C and all obligations of Party C hereunder shall be terminated from the date of the notice. (d) Party C shall not be liable for any disputes or illegal behaviors between Party B and Party A. (e) If Party A fails to repay the entrusted loan in full and on time, and Party C compensates Party B based on the court judgment or arbitration award, all of Party B’s rights against Party A and the guarantor shall be assigned to Party C. Party A shall not raise any objection to the assignment of the above-mentioned rights, and shall undertake to perform its obligations and responsibilities to Party C immediately upon receipt of the written notice from Party C. (f) Party C shall assist Party B in collecting the entrusted loan pursuant to the following provisions: (i) Before the principal of the entrusted loan matures (including the maturity of the principal with installments, the same hereinafter), Party C shall calculate and settle the interest on the entrusted loan as agreed herein. After each repayment by Party A, Party C shall complete the corresponding accounting processing, and report to Party B the amount and time of repayment by Party A and the outstanding principal and interest of the loan still unpaid. Party B shall timely check the aforementioned accounting information report upon receipt of it. If there is any doubt or objection to the accounting information report, Party B shall submit it in writing to Party C within five working days after receipt of the report. Party C shall not be liable for the loss of Party A or Party B as a result of Party B’s failure to raise objections as agreed above. If Party A fails to pay the interest on the entrusted loan on the interest settlement date, Party C shall inform Party B in writing. (ii) After the principal of the entrusted loan matures 1. If Party A repays the principal of the entrusted loan in full and on time, Party C shall record the account in accordance with the normal repayment procedure and timely inform Party. If Party A fails to repay the loan in full and on time, Party C shall inform Party B in writing of the overdue situation and conduct a loan collection to Party A within one month. Party C shall only send a loan collection notice in written form according to the name, address or telephone (fax) number of the recipient provided by Party A or Party B, and Party C shall have fulfilled its obligation to assist in the collection of the overdue entrusted loan. If Party C collects the loan by other means, it shall be deemed that Party C has fulfilled its obligation to assist in collection as long as there is evidence to prove it. 2. If Party A fails to repay the loan in full and on time, and if Party B still wishes to entrust Party C to continue to assist in the collection of the entrusted loan, Party B shall sign a separate Overdue Management Agreement for Entrusted Loans with Party C. If, within three months from the date of maturity of the full principal of the loan, Party B and Party C fail to sign Overdue Management Agreement for Entrusted Loans, all obligations of Party C hereunder shall be automatically terminated, and Party C shall have the right to settle and process the accounts related to the entrusted loan hereunder. (iii) Party C’s obligation to assist Party B in collecting the entrusted loan is limited to the agreements of this paragraph. (g) Party C shall not be obliged to participate in any litigation, arbitration or bankruptcy procedure related to the entrusted loan and its guarantee, nor shall Party C be obliged to dispose of the debt repayment assets for Party B.

Appears in 2 contracts

Samples: Entrusted Loan Agreement (Youdao, Inc.), Entrusted Loan Agreement (Youdao, Inc.)

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Rights and Obligations of Party C. (a) 1. Party C shall assist Party B enjoys the legal qualification to supervise whether Party A uses become the loan for the agreed usesLohas city distributor of ______. 2. Party C’s assistance in supervision only means that Party C shall provide Party B with the statements of each loan hereunder for the period of three months from the date of the withdrawal of such loans to the deposit account opened by Party A in Party C. Party C shall not be obliged to continuously supervise the use of loans. (b) Party C shall have the enjoys right to report to Party B develop and authorize the information Lohas consumption (requiring signing and approval of Party A related and Party B) in all industries in ______city. 3. Party C enjoys: the income from continuing to develop other Lohas distributors or Lohas consumption customers: after Party C becomes a Lohas city distributor, it is entitled to further recruit (including but not limited to) Lohas city distributors, direct wholesale centers of Lohas district (county), Lohas community service stations and other Lohas distributors and Lohas consumption customers such as Lohas community leaders and Lohasors. After more than seven days of cooling-off period, Party B shall pay Party C consumption points equivalent to 19% of the entrusted loan commodity revenue as promotional profit, which can be used for platform consumption, according to different levels of new Lohas distributors and Lohas. 4. Party C enjoys: Party C enjoys the information of deposits, loans service network and settlement system resources of Party A in and Party C.B: for example, the service providers (stores or merchants) introduced by Party C enjoy the resources and customers of Lohas Aishenghuo platform and can legally conduct such businesses as project investment, project financing, project integration, etc. (c) In case of cancellation of industrial and commercial administrative registration, revocation of business license, death, disappearance and loss 5. Party C enjoys: after the expiration of the capability of civil conducts of Party Acooperation period, Party C shall have the priority to renew the contract under the same conditions in case of no breach of contract by Party C. 6. Party C enjoys: if Party C fails to carry out market operation within one year, Lohas shall have the right to terminate require Party C to transfer the entrustment relationship with Party B and send the Notice of Termination operation right of the Entrustment Relationship to Party B. The entrustment relationship between Party B city and Party C can also recommend other people to become the city distributor, but it must be agreed by Lohas and all obligations of implemented in accordance with relevant regulations. 7. Party C’s responsibilities: if Party C hereunder fails to carry out market operation after one year and fails to recommend other people recognized by Lohas as the city distributor, Lohas shall be terminated from have the date of the noticeright to withdraw Party C’s Lohas city operation right and terminate this cooperation agreement. (d) 8. Party C shall not be liable submit legal and effective business certificates for any disputes or illegal behaviors between Party B and Party A. (e) If Party A fails to repay the entrusted loan in full and on time, and Party C compensates Party B based on the court judgment or arbitration award, all of Party B’s rights against Party A and Party B, including the guarantor shall be assigned to Party C. Party A shall not raise any objection to the assignment of the aboveso-mentioned rights, called “three certificates and shall undertake to perform its obligations and responsibilities to Party C immediately upon receipt of the written notice from Party C.one license”. (f) 9. Party C shall assist Party B in collecting be responsible for expanding market and customers development regarding its provision and recommendation of products or services to customers. In the entrusted loan pursuant to the following provisions: (i) Before the principal operation of the entrusted loan matures (including the maturity of the principal with installments, the same hereinafter)business, Party C shall calculate guarantee to provide good services to customers and settle shall not damage the interest on interests and reputation of customers, Party A and Party B by fraud, intimidation and other improper means. 10. Party C shall guarantee that all business activities are in full compliance with the entrusted loan as agreed hereinrelevant laws, regulations and administrative rules etc. After each repayment by of China. If any damage is caused to Party AA and Party B due to Party C’s violation of the above provisions, Party C shall complete bear all legal liabilities and compensate for the corresponding accounting processing, and report losses caused to Party A and Party B. 11. During the validity period of this Agreement and after the termination or cancellation of this Agreement, Party C undertakes not to provide all relevant information or materials related to Party A and Party B’s business, technology, etc. to the enterprises, commercial institutions or organizations that form commercial competition relationship with Party A and Party B; otherwise, Party C agrees to bear corresponding responsibilities. 12. Party C shall implement the sales promotion in strict accordance with the price standard set by Lohas and, in a timely manner, urge the customer to place the order and make corresponding payment to Party A and Party B. Party C shall bear all the economic losses to Party A and Party B caused by failure to comply with this standard and will be subject to immediate distributor disqualification. 13. Party C shall keep confidential the amount training materials and time of repayment confidential materials and information provided by Party A and the outstanding principal and interest of the loan still unpaid. Party B shall timely check the aforementioned accounting information report upon receipt of it. If there is any doubt or objection to the accounting information report, Party B shall submit it in writing to Party C within five working days after receipt of the reportB. 14. Party C shall not be liable for the loss of Party A or Party B as a result of Party B’s failure make misleading advertising to raise objections as agreed above. If Party A fails to pay the interest on the entrusted loan on the interest settlement date, Party C shall inform Party B in writing. (ii) After the principal of the entrusted loan matures 1. If Party A repays the principal of the entrusted loan in full and on time, Party C shall record the account in accordance with the normal repayment procedure and timely inform Party. If Party A fails to repay the loan in full and on time, Party C shall inform Party B in writing of the overdue situation and conduct a loan collection to Party A within one month. Party C shall only send a loan collection notice in written form according to the name, address or telephone (fax) number of the recipient provided by Party A or Party B, customers and Party C shall have fulfilled its obligation to assist in the collection of the overdue entrusted loanbear all losses caused thereby. 15. If Party C collects is strictly prohibited to maliciously damage the loan by other means, it shall be deemed that image of Party C has fulfilled its obligation to assist in collection as long as there is evidence to prove itA and Party B’s platform and products. 216. If Party A fails It is strictly prohibited to repay place orders for the loan in full and on time, and if Party B still wishes to entrust Party C to continue to assist in the collection customer by means of the entrusted loan, Party B shall sign a separate Overdue Management Agreement for Entrusted Loans with Party C. If, within three months from the date malice or concealment of maturity of the full principal of the loan, Party B and Party C fail to sign Overdue Management Agreement for Entrusted Loans, all obligations of Party C hereunder shall be automatically terminated, facts and Party C shall have be responsible for the right to settle and process the accounts related to the entrusted loan hereundercomplaints caused thereby. (iii) Party C’s obligation to assist Party B in collecting the entrusted loan is limited to the agreements of this paragraph. (g) Party C shall not be obliged to participate in any litigation, arbitration or bankruptcy procedure related to the entrusted loan and its guarantee, nor shall Party C be obliged to dispose of the debt repayment assets for Party B.

Appears in 1 contract

Samples: Cooperation Agreement (Loha Co. Ltd.)

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Rights and Obligations of Party C. (a) 1. Party C shall assist is the sole agent for the advertisements carried in the DESIGNATED JOURNAL, and has the right to conduct, under the name of "sole exclusive advertising agent", advertising, investments attraction and related businesses, and the right to obtain all the benefits from these businesses. 2. Party B entrusts Party C to supervise whether provide management consultancy and information services for the distribution of the DESIGNATED JOURNAL, for the benefit of expanding distribution channels and developing advertising businesses. 3. Except where it is otherwise stipulated in this agreement, Party C cannot, without written authorized consent from the legal representative or person-in-charge of Party B, sign contracts, agreements and other legal documents with others under Party B's name or the name of the publisher of the DESIGNATED JOURNAL. 4. Party C is to bear all the printing costs and expenses of the DESIGNATED JOURNAL during the period of the agreement, which is to ensure the normal publication of the designated journal and operation of the advertising businesses. 5. The credits and debts of Money Journal incurring before the execution of this agreement are to be borne respectively by Party A uses and Party B. 6. The credits, debts and economic disputes and losses resulted, during the loan agency period, from Party C as the agent for the agreed usesDESIGNATED JOURNAL, are to be borne by Party C alone. Where losses are caused to Party B, Party C should compensate Party B. 7. Party C’s assistance , without Party B's consent, cannot transfer the whole of, or permit the sole exclusive agency right of the DESIGNATED JOURNAL as stipulated in supervision only means that this contract. 8. Party C shall is to provide information and articles for the contents in the DESIGNATED JOURNAL and in the additions as stipulated in term 9 of Article 5, and to provide consultancy service for the content planning and arrangement of the DESIGNATED JOURNAL: Party B with the statements of each loan hereunder for the period of three months from the date of the withdrawal of such loans to the deposit account opened by Party A in Party C. Party C shall not be obliged to continuously supervise the use of loans. (b) Party C shall have the right to report to Party B the information of Party A related to the entrusted loan and the information of deposits, loans and settlement of Party A in Party C. (c) In case of cancellation of industrial and commercial administrative registration, revocation of business license, death, disappearance and loss of the capability of civil conducts of Party A, Party C shall have the right to terminate the entrustment relationship with Party B and send the Notice of Termination of the Entrustment Relationship to Party B. The entrustment relationship between Party B and Party C and all obligations of Party C hereunder shall be terminated from the date of the notice. (d) Party C shall not be liable for any disputes or illegal behaviors between Party B and Party A. (e) If Party A fails to repay the entrusted loan in full and on time, and Party C compensates Party B based on the court judgment or arbitration award, all of Party B’s rights against Party A and the guarantor shall be assigned to Party C. Party A shall not raise any objection to the assignment of can at its own discretion provide the above-mentioned rightsarticles and can contact, and shall undertake entrust, arrange for or designate a third party to perform its obligations and responsibilities provide articles related to Party C immediately upon receipt of the written notice from Party C. (f) Party C shall assist Party B in collecting the entrusted loan pursuant to the following provisions: (i) Before the principal of the entrusted loan matures (including the maturity of the principal with installments, the same hereinafter), Party C shall calculate and settle the interest on the entrusted loan as agreed herein. After each repayment by Party A, Party C shall complete the corresponding accounting processing, and report to Party B the amount and time of repayment by Party A and the outstanding principal and interest of the loan still unpaid. Party B shall timely check the aforementioned accounting information report upon receipt of it. If there is any doubt or objection to the accounting information report, Party B shall submit it in writing to Party C within five working days after receipt of the report. Party C shall not be liable for the loss of Party A or Party B as a result of Party B’s failure to raise objections as agreed what has been mentioned above. If Party A fails to pay the interest on the entrusted loan on the interest settlement date, Party C shall inform Party B in writing. (ii) After the principal The royalties of the entrusted loan matures 1. If Party A repays the principal of the entrusted loan in full and on time, Party C shall record the account in accordance with the normal repayment procedure and timely inform Party. If Party A fails to repay the loan in full and on time, Party C shall inform Party B in writing of the overdue situation and conduct a loan collection to Party A within one month. Party C shall only send a loan collection notice in written form according to the name, address or telephone (fax) number of the recipient contents provided by Party A or Party B, and C stay with Party C shall have fulfilled its obligation or can be treated according to assist in the collection of the overdue entrusted loan. If actual agreements between Party C collects and the loan article supplier(s). The contents of articles provided by other means, it shall be deemed that Party C has fulfilled its obligation to assist in collection as long as there is evidence to prove it. 2. If Party A fails to repay the loan in full and on time, and if Party B still wishes to entrust Party C to continue to assist in the collection of the entrusted loan, Party B shall sign a separate Overdue Management Agreement for Entrusted Loans with Party C. If, within three months from the date of maturity of the full principal of the loan, Party B and Party C fail to sign Overdue Management Agreement for Entrusted Loans, all obligations of Party C hereunder shall be automatically terminated, and Party C shall have the right to settle and process the accounts related to the entrusted loan hereunder. (iii) Party C’s obligation to assist Party B in collecting the entrusted loan is limited to the agreements of this paragraph. (g) Party C shall cannot be obliged to participate in any litigation, arbitration or bankruptcy procedure violation of related to the entrusted loan laws and its guarantee, nor shall Party C be obliged to dispose of the debt repayment assets for Party B.regulations.

Appears in 1 contract

Samples: Money Journal Cooperation Agreement (Xinhua Finance Media LTD)

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