Rights and Obligations of the Parties. 3.1 Party A and/or its affiliated parties are responsible for the project development tasks, objectives, costs, development progress and R&D quality control, while Party C is responsible for handling the necessary formalities such as product announcement, 3C certification and environmental protection announcement declaration of the Cooperative Vehicle Models, and providing necessary technical data and related documents. If on-site audit or inspection is required by relevant laws and regulations or government authorities, Party B shall cooperate according to the requirements of government authorities, Party A and/or its affiliated parties, and Party C (including but not limited to cooperating with on-site work and providing documents and materials). 3.2 Party A and/or its affiliated parties are responsible for supply chain management such as direct material supplier selection, pricing and point setting, business negotiation, supplier management, purchase order placement, supplier capacity and supply timeliness guarantee. Party B will timely accept the materials delivered by the supplier according to the acceptance standards and requirements recognized by Party A and/or its affiliated parties (including but not limited to package confirmation, visual inspection, quantity check, model check, and quality problems), and properly keep and settle the material price. If it is necessary to pay the supplier in advance due to material shortage and other reasons, Party A and/or its affiliated parties shall pay the corresponding material price to Party B in advance, which may be deducted from the vehicle kit payment payable by Party A and/or its affiliated parties to Party B. 3.3 Party B will manufacture the Cooperative Vehicle Models according to the quality assurance requirements agreed in Appendix 4 Quality Agreement. Party B shall formulate the inspection documents of the Cooperative Vehicle Models according to Appendix 4 Quality Agreement or the acceptance standards confirmed separately with Party A, and carry out the process inspection and ex-factory inspection of the Cooperative Vehicle Models accordingly. Party A and/or its affiliated parties have the right to inspect the Cooperative Vehicle Models prior to delivery, and also have the right to conduct random inspection upon delivery by Party B. 3.4 Party B will coordinate Party C to handle the Certificate, conformity certificate, 3C labeling, printing and information uploading of the environmental protection on-board list of the Cooperative Vehicle Models. According to the corresponding data provided by Party A (or Party A's affiliated parties) and/or Party D (or Party D's affiliated parties), Party C is responsible for the information input of various platforms, including but not limited to the new energy vehicle monitoring platform and battery traceability system, and Party B is responsible for timely and accurately providing all other information (including but not limited to vehicle production, warehousing, invoicing and other information) required to complete the above work, and is held accountable for the authenticity, accuracy and completeness of such information. 3.5 All Parties hereby confirm that although the product announcement is registered in the name of Party C, such new energy points, carbon emission points (if applicable), subsidies and allowances of the central and/or local governments for new energy vehicles (including but not limited to car purchase subsidies, energy saving and emission reduction subsidies, and the rights and interests under various support/reward policies issued by the state or local governments) as are related to the Cooperative Vehicle Models are owned by Party A (or Party A's affiliated parties) and/or Party D (or Party D's affiliated parties). Party B and Party C do not enjoy any rights and interests in question, and shall take necessary actions (for example, selling such rights and interests to a third party) according to the instructions of Party A and/or Party D, and the taxes and fees arising from such necessary actions shall be borne by Party A (or Party A’s affiliated parties) and/or Party D (or Party D's affiliated parties). For the sake of clarity, under the same conditions, Party A (or Party A's affiliated parties) and/or Party D (or Party D's affiliated parties) shall give priority to selling the new energy points to Party C and/or its affiliated parties. 3.6 All Parties concerned shall refer to Appendix 4 Quality Agreement for the quality assurance, after-sales service and claims of the Cooperative Vehicle Models and delivered vehicles.
Appears in 4 contracts
Samples: Cooperation Framework Agreement (ZEEKR Intelligent Technology Holding LTD), Cooperation Framework Agreement (ZEEKR Intelligent Technology Holding LTD), Cooperation Framework Agreement (ZEEKR Intelligent Technology Holding LTD)
Rights and Obligations of the Parties. 3.1 7.1 Party A and/or its affiliated parties are shall have the following rights and obligations under this Contract.
(1) Party A should keep the House in good condition. It will be responsible to check and repair the House. In the event that anything out of Party A’s control happens and as a result of this, the normal operation of any facility in the House is affected or the normal supply of electricity, water, gas and air conditioning is suspended, Party A should repair as soon as possible. The provisions of this Contract and Party B’s obligations with respect to payment of rent and other charges shall not be so affected.
(2) Party A should procure necessary insurances for the House.
(3) Party A should provide central air conditioning to the leased unit within regular working hours (subject to the agreed time provided in the property management agreement).
(4) Party A shall be responsible for the project development tasks, objectives, costs, development progress and R&D quality control, while Party C is responsible for handling the necessary formalities such as product announcement, 3C certification and environmental protection announcement declaration cleaning of the Cooperative Vehicle Modelspublic areas.
(5) Party A should do the property management work well.
(6) Party A can make necessary amendments to the provisions with respect to the property management based on specific circumstances.
7.2 Party B shall have the following rights and obligations under this Contract.
(1) Party B should pay rent and other charges that the property management company will charge for the services provided to it on time.
(2) Party B should keep the interior fittings (including walls, floors, ceilings and providing necessary technical data various fixed facilities like windows, electric circuits, electric facilities, furniture, sanitary appliances, etc) of the House clean and related documentsin good condition. If on-site audit there is any damage to the House or inspection any damage to the public areas that is required cased by relevant laws and regulations the employees or government authoritiesguests of Party B, Party B shall cooperate according bear the expenses accrued to Party A for repairing.
(3) Party B shall be responsible for checking and repairing the facilities and equipment it has installed when decorating the House at its own expense.
(4) Upon the expiry of this Contract, Party B should keep the House intact (fair wear and tear excepted), restore the House into its original state and return the House to Party A after the House has been examined and accepted by Party A or Party A has given its consent in writing with respect to keeping the House in its current state.
(5) Party B should strictly abide by relevant policies of Party A.
(6) Without getting the written consent of Party A, Party B is prohibited from adding new lock(s) to the requirements front door of government authoritiesthe House or changing the original lock on the front door.
(7) Party B is prohibited from conducting those activities that will make the insurances upon the House invalid or make the premium for such insurances increase. If Party B’s breach of the above provision results in Party A reinsuring the House, Party B shall undertake the difference between the premium for reinsurance and the premium for the original insurance and other relevant expenses.
(8) Party B is prohibited from transferring, subleasing or assigning the House to others by any means or sharing any part of the House with others. Party B cannot use the House for the purposes other than those listed in this Contract.
(9) Party B shall be responsible for procuring necessary insurances for its own properties. Upon the entrustment of Party B, Party A and/or its affiliated partiesshall assist Party B to procure such insurances.
(10) During the term of this Contract, the House shall be for the use and in the custody of Party C B. Should there be any personal injury or property damage (including but not limited without limitation to cooperating with on-site work and providing documents and materials).
3.2 Party A and/or its affiliated parties are responsible for supply chain management such as direct material supplier selectionwater leakage) happened within the House, pricing and point setting, business negotiation, supplier management, purchase order placement, supplier capacity and supply timeliness guarantee. Party B will timely accept the materials delivered by the supplier according to the acceptance standards and requirements recognized by Party A and/or its affiliated parties (including but not limited to package confirmation, visual inspection, quantity check, model check, and quality problems), and properly keep and settle the material price. If it is necessary to pay the supplier in advance due to material shortage and other reasons, Party A and/or its affiliated parties shall pay the corresponding material price to Party B in advance, which may be deducted from the vehicle kit payment payable by Party A and/or its affiliated parties to Party B.
3.3 Party B will manufacture the Cooperative Vehicle Models according to the quality assurance requirements agreed in Appendix 4 Quality Agreement. Party B shall formulate the inspection documents be undertake relevant liabilities, regardless of the Cooperative Vehicle Models according reasons and whether they are attributable to Appendix 4 Quality Agreement or Party B’s negligence.
(11) Party B shall decorate the acceptance standards confirmed separately House at its own expense in accordance with Party Athe designing and drawings approved by the property management company, and carry out the process inspection abide by relevant procedures and ex-factory inspection of the Cooperative Vehicle Models accordingly. Party A and/or its affiliated parties have the right to inspect the Cooperative Vehicle Models prior to delivery, and also have the right to conduct random inspection upon delivery by Party B.
3.4 Party B will coordinate Party C to handle the Certificate, conformity certificate, 3C labeling, printing and information uploading of the environmental protection on-board list of the Cooperative Vehicle Models. According policies applicable to the corresponding data provided by Party A (or Party A's affiliated parties) and/or Party D (or Party D's affiliated parties), Party C is responsible for the information input of various platforms, including but not limited to the new energy vehicle monitoring platform and battery traceability system, and Party B is responsible for timely and accurately providing all other information (including but not limited to vehicle production, warehousing, invoicing and other information) required to complete the above work, and is held accountable for the authenticity, accuracy and completeness of such informationHouse.
3.5 All Parties hereby confirm that although the product announcement is registered in the name of Party C, such new energy points, carbon emission points (if applicable), subsidies and allowances of the central and/or local governments for new energy vehicles (including but not limited to car purchase subsidies, energy saving and emission reduction subsidies, and the rights and interests under various support/reward policies issued by the state or local governments) as are related to the Cooperative Vehicle Models are owned by Party A (or Party A's affiliated parties) and/or Party D (or Party D's affiliated parties). Party B and Party C do not enjoy any rights and interests in question, and shall take necessary actions (for example, selling such rights and interests to a third party) according to the instructions of Party A and/or Party D, and the taxes and fees arising from such necessary actions shall be borne by Party A (or Party A’s affiliated parties) and/or Party D (or Party D's affiliated parties). For the sake of clarity, under the same conditions, Party A (or Party A's affiliated parties) and/or Party D (or Party D's affiliated parties) shall give priority to selling the new energy points to Party C and/or its affiliated parties.
3.6 All Parties concerned shall refer to Appendix 4 Quality Agreement for the quality assurance, after-sales service and claims of the Cooperative Vehicle Models and delivered vehicles.
Appears in 2 contracts
Samples: Lease Contract (China Finance Online Co. LTD), Lease Contract (China Finance Online Co. LTD)
Rights and Obligations of the Parties. 3.1 Party A and/or its affiliated parties are 4.1 Wuhan Lotus Cars Co., Ltd. shall be responsible for the project Project’s development tasks, objectivestasks and goals, costs, development progress and R&D quality control, while Party C is responsible for handling as well as domestic and foreign product certification (the necessary formalities such as product announcementProduct Announcement, 3C certification and environmental protection announcement declaration declaration, EWVTA/overseas COC certificate), production consistency management, etc.
4.2 Geely shall assist in providing the required technical information and relevant documents in line with the needs of the Cooperative Vehicle Models, domestic and providing necessary technical data and related documentsforeign product certification of Lotus products. If on-site audit or inspection is required by relevant laws and regulations or government authoritiesauthorities require on-site audits or on-site inspections at factory, Party B Geely shall cooperate according to therein in accordance with the requirements of the government authorities, Party A and/or its affiliated parties, authorities and Party C Lotus (including but not limited to cooperating with in on-site work and providing documents and materialsdocuments, etc.).
3.2 Party A and/or its affiliated parties are responsible for 4.3 The supply chain management such as direct material work, that Wuhan Lotus Cars Co., Ltd. is responsible for, includes supplier selection, pricing and point setting, business negotiationdesignation, supplier quality management, etc. and the supply chain management work, that Wuhan Geely Auto Parts Co., Ltd. is responsible for, includes but is not limited to signing raw material procurement contracts, inbound logistics, incoming inspection, purchase order placementrelease, supplier capacity etc. Wuhan Geely Auto Parts Co., Ltd. shall, in a timely manner, inspect and supply timeliness guarantee. Party B will timely accept the materials delivered by the supplier according to in accordance with the acceptance standards and requirements recognized by Party A and/or its affiliated parties Wuhan Lotus Cars Co., Ltd. (including but not limited to package packaging confirmation, visual appearance inspection, quantity checkcount, model check, and whether there are quality problemsproblems or not, etc.), and keep the materials properly keep and settle the material priceprice in time. If it is necessary to pay the supplier in advance due to material shortage and other reasons, Lotus Party A and/or its affiliated parties shall pay the corresponding material price to Geely Party B in advance, which and the material price paid Geely Party in advance may be deducted from the payment for the complete vehicle kit payment payable by Lotus Party A and/or its affiliated parties to Geely Party B.
3.3 as per the actual consumption quantity. If the cost of imported parts is affected by exchange rate fluctuations, Geely Party B will manufacture shall have the Cooperative Vehicle Models according right to the quality assurance requirements agreed take hedging and other related financial measures in Appendix 4 Quality Agreement. Party B shall formulate the inspection documents of the Cooperative Vehicle Models according response to Appendix 4 Quality Agreement or the acceptance standards confirmed separately with Party Aexchange rate changes, and carry out the process inspection resulting costs or benefits shall belong to Lotus Party. Lotus shall bear the corresponding cost for the obsolete and exslow-factory inspection of moving inventories due to Lotus’s unreasonable procurement plan or order placement or Lotus’s failure to sell as expected.
4.4 Wuhan Lotus Cars Co., Ltd., as the Cooperative Vehicle Models accordingly. Party A and/or its affiliated parties designer, shall have the right to submit technical guidance documents (including national standards, ECE regulations, EU directives, local standards, and industry norms) to Zhejiang Geely Automobile Co., Ltd. Wuhan Branch regarding the production process; meanwhile, Wuhan Lotus Cars Co., Ltd. shall have the right to inspect the Cooperative Vehicle Models prior to deliveryrelevant production and test equipment of Zhejiang Geely Automobile Co., Ltd. Wuhan Branch, and also have supervise the right to conduct random inspection upon delivery by Party B.
3.4 Party B will coordinate Party C to handle the Certificate, conformity certificate, 3C labeling, printing and information uploading of the environmental protection on-board list of the Cooperative Vehicle Models. According to the corresponding data provided by Party A (or Party A's affiliated parties) and/or Party D (or Party D's affiliated parties), Party C is responsible for the information input of various platforms, including but not limited to the new energy vehicle monitoring platform and battery traceability system, and Party B is responsible for timely and accurately providing all other information (including but not limited to vehicle production, warehousing, invoicing and other information) required to complete the above work, and is held accountable for the authenticity, accuracy and completeness of such informationentire manufacturing process.
3.5 All Parties hereby confirm that although the product announcement is registered in the name of Party C, such new energy points, carbon emission points (if applicable), subsidies and allowances of the central and/or local governments for new energy vehicles (including but not limited to car purchase subsidies, energy saving and emission reduction subsidies, and the rights and interests under various support/reward policies issued by the state or local governments) as are related to the Cooperative Vehicle Models are owned by Party A (or Party A's affiliated parties) and/or Party D (or Party D's affiliated parties). Party B and Party C do not enjoy any rights and interests in question, and shall take necessary actions (for example, selling such rights and interests to a third party) according to the instructions of Party A and/or Party D, and the taxes and fees arising from such necessary actions shall be borne by Party A (or Party A’s affiliated parties) and/or Party D (or Party D's affiliated parties). For the sake of clarity, under the same conditions, Party A (or Party A's affiliated parties) and/or Party D (or Party D's affiliated parties) shall give priority to selling the new energy points to Party C and/or its affiliated parties.
3.6 All Parties concerned shall refer to Appendix 4 Quality Agreement for the quality assurance, after-sales service and claims of the Cooperative Vehicle Models and delivered vehicles.
Appears in 2 contracts
Samples: Manufacturing Cooperation Agreement (Lotus Technology Inc.), Manufacturing Cooperation Agreement (Lotus Technology Inc.)
Rights and Obligations of the Parties. 3.1 Party A and/or its affiliated parties are responsible for 1. Each party confirms that the project development tasks, objectives, costs, development progress and R&D quality control, while Party C is responsible for handling the necessary formalities such as product announcement, 3C certification and environmental protection announcement declaration of the Cooperative Vehicle Models, and providing necessary technical data and related documents. If on-site audit or inspection is required by relevant laws and regulations or government authorities, Party B shall cooperate according documents it provides to the requirements of government authorities, Party A and/or its affiliated parties, and Party C other party (including but not limited to cooperating with on-site work business registration, tax registration and providing documents other commercial documents) are true and materials)free from misrepresentation or fraud.
3.2 2. Party A and/or its affiliated parties are responsible for supply chain management such as direct material supplier selectionwarrants that it has the power to provide Party B with Official Platform Data and Contents according to this Agreement, pricing and point setting, business negotiation, supplier management, purchase order placement, supplier capacity to provide Official Platform Data and supply timeliness guaranteeContents and updates thereof according to cooperation needs. Party B will A shall also use reasonable commercial efforts to make sure that data information is timely accept provided to Party B.
3. Party A shall use reasonable commercial efforts to make sure the materials delivered data interfaces and data fields it provides meet the invocation timeliness and quality requirements as agreed upon by the supplier according parties.
4. When using Official Platform Data and Contents, Party B shall indicate that they are sourced from Party A. Party B is obliged to correctly and completely indicate the acceptance standards data source to be Party A and requirements recognized xxxx “services provided by Party A”, and such use of Party A’s product name shall be confirmed by Party A and/or its affiliated parties in writing.
5. The Official Platform Data and Contents hereunder are for use by Party B in Sogou Search Services only, and without the written permission of Party A, Party B shall not use the related data and contents for any form of sales and commercial utilization other than the purposes prescribed hereby (including but not limited to package confirmationbidding rank, visual inspectionmedia stream and recommendation, quantity check, model check, and quality problemsexcept for the home page of Sogou Weixin search.), and properly keep and settle or reveal, provide or permit any third party to use the material price. If it is necessary to pay the supplier same in advance due to material shortage and other reasons, Party A and/or its affiliated parties shall pay the corresponding material price to Party B in advance, which may be deducted from the vehicle kit payment payable by Party A and/or its affiliated parties to Party B.any way.
3.3 Party B will manufacture the Cooperative Vehicle Models according to the quality assurance requirements agreed in Appendix 4 Quality Agreement6. Party B may exhibit Weixin official platform Data and Contents solely in the manner of Weixin Official Platform Source Pages. Without Party A’s written consent, Party B shall formulate the inspection documents of the Cooperative Vehicle Models according to Appendix 4 Quality Agreement or the acceptance standards confirmed separately with not arbitrarily alter official platform Data and Contents provided by Party A, and carry out the process inspection and ex-factory inspection of the Cooperative Vehicle Models accordingly. Party A and/or its affiliated parties have the right to inspect the Cooperative Vehicle Models prior to delivery, and also have the right to conduct random inspection upon delivery by Party B.
3.4 Party B will coordinate Party C to handle the Certificate, conformity certificate, 3C labeling, printing and information uploading of the environmental protection on-board list of the Cooperative Vehicle Models. According to the corresponding data provided by Party A (or Party A's affiliated parties) and/or Party D (or Party D's affiliated parties), Party C is responsible for display the information input content of various platformsWeChat official platform in any way other than the source pages of WeChat official platform, including but not limited to arbitrarily editing, sorting, alter or tampering Weixin official platform data and content, or exhibit the new energy vehicle monitoring platform same in a way other than the typesetting style approved.
7. Party B’s display of plugins or functions auxiliary to Official Platform Source Pages, including link to home page (profile) of Weixin official account, link to Weixin advertisement system, and battery traceability systemcomment function, must be linked to their source pages, rather than displaying them in any form other than Weixin Official Platform Source Pages, and Party B shall not shelter, insert in, or hinder by pop-up windows in any form any auxiliary plugins or functions. When any user of Party B logs into his Weixin account, his browsing and reading of Weixin official platform information and contents, number of “likes” given and other recording data shall be synchronized with Party A in a way prescribed by Party A. Party B shall make sure such user can normally use “like”, comment and other plugins and functions that are provided by Party A and auxiliary to source pages.
8. When exhibiting official platform data, Party B shall guide and instruct its users to follow the Weixin official account that releases such content, and such guidance and instruction shall be obvious, accurate, effective and clear.
9. During the performance of this Agreement, Party B shall take safe, effective and rigorous measures to prevent any third party other than parties hereto from grabbing, intercepting, acquiring and using official platform data in any way including but not limited to a Spider program. Party A may require Party B to immediately clean up, rectify or effectively upgrade the prevention measure, if Party A is responsible aware of any third party violation. Party B shall actively cooperate with Party A to take corresponding measures. Party B shall make response within 24 hours after receiving Party A’s written notice and update Party A the processing status every 48 hours in writing during the handling process. Party A has the right to investigate Party B’s liability for timely breach of contract in accordance with this Agreement, if Party B fails to complete the aforesaid clean-up work with the time frame confirmed by both parties through negotiation or fails to meet the clean-up requirements determined by both parties.
10. During the performance of this Agreement, Party B may not set up any subscription systems independent from Weixin official platform based on Weixin Official Platform Data and accurately providing all other information Contents.
11. The written consent (including email, Weixin, or QQ discussion group of personnel designated by the parties) from Party A shall be obtained before the name of any product or service relating to Party A (including but not limited to vehicle productionWeixin) as prepared or edited by Party B is put online.
12. Without the approval and consent of Party A, warehousingParty B shall not itself use or authorize any third party to use “Weixin”, invoicing “official account”, “official platform” and other information) required to complete the above work, and is held accountable for the authenticity, accuracy and completeness of such information.
3.5 All Parties hereby confirm that although the product announcement is registered terms or expressions in connection with Weixin or Weixin official platform in the name of any existing or future function, application or product. If any existing or future function, application or product of Party CB uses any official platform data, the name of which shall be submitted to Party A for examination beforehand, without the approval and consent of Party A, Party B shall not itself use or authorize any third party to use such new energy pointsnames. For purposes of this clause, carbon emission points (if applicable), subsidies the examination period of Party A will be 5 working days. The failure of Party A to give a reply during the examination period shall be deemed as a rejection.
13. Party B shall immediately rectify its products and allowances of the central and/or local governments for new energy vehicles services (including but not limited to car purchase subsidies“Weixin headlines”) which have been put online in accordance with the rights, energy saving obligations and emission reduction subsidies, and cooperation terms prescribed hereby. If Party B fails to complete the rights and interests under various support/reward policies issued by rectification within the state or local governments) as are related to the Cooperative Vehicle Models are owned time limit specified by Party A, then Party A (or shall be entitled to claim for liability for breach of contract according to this Agreement. Moreover, during the rectification period, Party A's affiliated parties) and/or Party D (or Party D's affiliated parties). A has the right to suspend providing data to Party B and to request Party C do not enjoy any rights and interests in question, and shall take necessary actions (for example, selling such rights and interests B to a third party) according to delete the instructions of Party A and/or Party D, and the taxes and fees arising from such necessary actions shall be borne by Party A (or Party A’s affiliated parties) and/or Party D (or Party D's affiliated parties). For the sake of clarity, under the same conditions, Party A (or Party A's affiliated parties) and/or Party D (or Party D's affiliated parties) shall give priority to selling the new energy points to Party C and/or its affiliated partiesexisting data.
3.6 All Parties concerned shall refer to Appendix 4 Quality Agreement for the quality assurance, after-sales service and claims of the Cooperative Vehicle Models and delivered vehicles.
Appears in 2 contracts
Samples: Cooperation Agreement (Sogou Inc.), Cooperation Agreement (Sogou Inc.)
Rights and Obligations of the Parties. 3.1 Party A and/or its affiliated parties are is responsible for the project development tasks, objectives, costs, development progress and R&D quality control, while Party C is responsible for coordination and handling the necessary formalities such as product announcement, 3C certification and environmental protection announcement declaration of the Cooperative Vehicle Models, and providing necessary technical data and related documents. If on-site audit or inspection is required by relevant laws and regulations or government authorities, Party B shall cooperate according to the requirements of government authorities, Party A and/or its affiliated parties, and Party C (including but not limited to cooperating with on-site work and providing documents and materials).
3.2 Party A and/or its affiliated parties are responsible for supply chain management such as direct material supplier selection, pricing and point setting, business negotiation, supplier management, purchase order placement, supplier capacity and supply timeliness guarantee. Party B will timely accept the materials delivered by the supplier according to the acceptance standards and requirements recognized by Party A and/or its affiliated parties (including but not limited to package confirmation, visual inspection, quantity check, model check, and quality problems), and properly keep and settle the material price. If it is necessary to pay the supplier in advance due to material shortage and other reasons, Party A and/or its affiliated parties shall pay the corresponding material price to Party B in advance, which may be deducted from the vehicle kit payment payable by Party A and/or its affiliated parties to Party B.
3.3 Party B will manufacture shall be solely responsible for the production and manufacturing of the Cooperative Vehicle Models, including material management, production process development, inspection, etc., and shall be responsible for product quality problems of the Cooperative Vehicle Models according to the quality assurance requirements agreed in Appendix 4 Quality Agreement. caused by Party B; any loss caused by Party A shall be borne by Party A. Party B shall formulate the inspection documents of the Cooperative Vehicle Models according to Appendix 4 Quality Agreement or the acceptance standards confirmed separately with Party A, and carry out the process inspection and ex-factory inspection of the Cooperative Vehicle Models accordingly. Party A and/or its affiliated parties have the right to inspect the Cooperative Vehicle Models prior to delivery, and also have the right to conduct random inspection upon delivery by Party B.
3.4 Party B will coordinate Party C to handle the Certificate, conformity certificate, 3C labeling, printing and information uploading of the environmental protection on-board list of the Cooperative Vehicle Models. According to the corresponding data provided by Party A (or Party A's affiliated parties) and/or Party D (or Party D's affiliated parties), Party C is responsible for the information input of various platforms, including but not limited to the new energy vehicle monitoring platform and battery traceability system, and Party B is responsible for timely and accurately providing all other information (including but not limited to vehicle production, warehousing, invoicing and other information) required to complete the above work, and is held accountable for the authenticity, accuracy and completeness of such information.
3.5 All The Parties hereby confirm that although the product announcement is registered in the name of Party C, such new energy points, carbon emission points (if applicable), subsidies and allowances of the central and/or local governments for new energy vehicles (including but not limited to car purchase subsidies, energy saving and emission reduction subsidies, and the rights and interests under various support/reward policies issued by the state or local governments) as are related to the Cooperative Vehicle Models are owned by Party A (or Party A's affiliated parties) and/or Party D (or Party D's affiliated parties). D. Party B and Party C do not enjoy any rights and interests in question, and shall take necessary actions (for example, selling such rights and interests to a third party) according to the instructions of Party A and/or Party D, and the taxes and fees arising from such necessary actions shall be borne by Party A (or Party A’s affiliated parties) and/or Party D (or Party D's affiliated parties). D. For the sake of clarity, under the same conditions, Party A (or Party A's affiliated parties) and/or Party D (or Party D's affiliated parties) shall give priority to selling the new energy points to Party C B and/or its affiliated partiesparties of the Group.
3.6 All The Parties concerned shall refer to Appendix 4 Quality Agreement conduct subsequent negotiation and enter into separate agreement for the quality assurance, after-sales service and claims of the Cooperative Vehicle Models and delivered vehicles.
Appears in 2 contracts
Samples: Cooperation Framework Agreement (ZEEKR Intelligent Technology Holding LTD), Cooperation Framework Agreement (ZEEKR Intelligent Technology Holding LTD)
Rights and Obligations of the Parties. 3.1 Party A and/or its affiliated parties are responsible for
1. Each party confirms that the project development tasks, objectives, costs, development progress and R&D quality control, while Party C is responsible for handling the necessary formalities such as product announcement, 3C certification and environmental protection announcement declaration of the Cooperative Vehicle Models, and providing necessary technical data and related documents. If on-site audit or inspection is required by relevant laws and regulations or government authorities, Party B shall cooperate according documents it provides to the requirements of government authorities, Party A and/or its affiliated parties, and Party C other party (including but not limited to cooperating with on-site work business registration, tax registration and providing documents other commercial documents) are true and materials).free from misrepresentation or fraud.
3.2 2. Party A and/or its affiliated parties are responsible for supply chain management such as direct material supplier selectionwarrants that it has the power to provide Party B with Official Platform Data and Contents according to this Agreement, pricing and point setting, business negotiation, supplier management, purchase order placement, supplier capacity to provide Official Platform Data and supply timeliness guaranteeContents and updates thereof according to cooperation needs. Party B will A shall also use reasonable commercial efforts to make sure that data information is timely accept provided to Party B.
3. Party A shall use reasonable commercial efforts to make sure the materials delivered data interfaces and data fields it provides meet the invocation timeliness and quality requirements as agreed upon by the supplier according parties.
4. When using Official Platform Data and Contents, Party B shall indicate that they are sourced from Party A. Party B is obliged to correctly and completely indicate the acceptance standards data source to be Party A and requirements recognized xxxx “services provided by Party A”, and such use of Party A’s product name shall be confirmed by Party A and/or its affiliated parties in writing.
5. The Official Platform Data and Contents hereunder are for use by Party B in Sogou Search Services only, and without the written permission of Party A, Party B shall not use the related data and contents for any form of sales and commercial utilization other than the purposes prescribed hereby (including but not limited to package confirmationbidding rank, visual inspectionmedia stream and recommendation, quantity check, model check, and quality problemsexcept for the home page of Sogou Weixin search.), and properly keep and settle or reveal, provide or permit any third party to use the material pricesame in any way. If it is necessary to pay the supplier in advance due to material shortage and other reasons, Party A and/or its affiliated parties shall pay the corresponding material price to Party B in advance, which may be deducted from the vehicle kit payment payable by Party A and/or its affiliated parties to Party B.
3.3 Party B will manufacture the Cooperative Vehicle Models according to the quality assurance requirements agreed in Appendix 4 Quality Agreement6. Party B may exhibit Weixin official platform Data and Contents solely in the manner of Weixin Official Platform Source Pages. Without Party A’s written consent, Party B shall formulate the inspection documents of the Cooperative Vehicle Models according to Appendix 4 Quality Agreement or the acceptance standards confirmed separately with not arbitrarily alter official platform Data and Contents provided by Party A, and carry out the process inspection and ex-factory inspection of the Cooperative Vehicle Models accordingly. Party A and/or its affiliated parties have the right to inspect the Cooperative Vehicle Models prior to delivery, and also have the right to conduct random inspection upon delivery by Party B.
3.4 Party B will coordinate Party C to handle the Certificate, conformity certificate, 3C labeling, printing and information uploading of the environmental protection on-board list of the Cooperative Vehicle Models. According to the corresponding data provided by Party A (or Party A's affiliated parties) and/or Party D (or Party D's affiliated parties), Party C is responsible for display the information input content of various platformsWeChat official platform in any way other than the source pages of WeChat official platform, including but not limited to arbitrarily editing, sorting, alter or tampering Weixin official platform data and content, or exhibit the new energy vehicle monitoring platform same in a way other than the typesetting style approved.
7. Party B’s display of plugins or functions auxiliary to Official Platform Source Pages, including link to home page (profile) of Weixin official account, link to Weixin advertisement system, and battery traceability systemcomment function, must be linked to their source pages, rather than displaying them in any form other than Weixin Official Platform Source Pages, and Party B shall not shelter, insert in, or hinder by pop-up windows in any form any auxiliary plugins or functions. When any user of Party B logs into his Weixin account, his browsing and reading of Weixin official platform information and contents, number of “likes” given and other recording data shall be synchronized with Party A in a way prescribed by Party A. Party B shall make sure such user can normally use “like”, comment and other plugins and functions that are provided by Party A and auxiliary to source pages.
8. When exhibiting official platform data, Party B shall guide and instruct its users to follow the Weixin official account that releases such content, and such guidance and instruction shall be obvious, accurate, effective and clear.
9. During the performance of this Agreement, Party B shall take safe, effective and rigorous measures to prevent any third party other than parties hereto from grabbing, intercepting, acquiring and using official platform data in any way including but not limited to a Spider program. Party A may require Party B to immediately clean up, rectify or effectively upgrade the prevention measure, if Party A is responsible aware of any third party violation. Party B shall actively cooperate with Party A to take corresponding measures. Party B shall make response within 24 hours after receiving Party A’s written notice and update Party A the processing status every 48 hours in writing during the handling process. Party A has the right to investigate Party B’s liability for timely breach of contract in accordance with this Agreement, if Party B fails to complete the aforesaid clean-up work with the time frame confirmed by both parties through negotiation or fails to meet the clean-up requirements determined by both parties.
10. During the performance of this Agreement, Party B may not set up any subscription systems independent from Weixin official platform based on Weixin Official Platform Data and accurately providing all other information Contents.
11. Both parties shall reach an agreement and confirm in writing (including email, Weixin, or QQ discussion group of personnel designated by the parties) before the name of any product or service relating to Party A (including but not limited to vehicle productionWeixin) as prepared or edited by Party B is put online.
12. Without the approval and consent of Party A, warehousingParty B shall not itself use or authorize any third party to use “Weixin”, invoicing “official account”, “official platform” and other information) required to complete the above work, and is held accountable for the authenticity, accuracy and completeness of such information.
3.5 All Parties hereby confirm that although the product announcement is registered terms or expressions in connection with Weixin or Weixin official platform in the name of any existing or future function, application or product. If any existing or future function, application or product of Party CB uses any official platform data, the name of which shall be submitted to Party A for examination beforehand, without the approval and consent of Party A, Party B shall not itself use or authorize any third party to use such new energy pointsnames. For purposes of this clause, carbon emission points (if applicable), subsidies the examination period of Party A will be 5 working days. The failure of Party A to give a reply during the examination period shall be deemed as a rejection.
13. Party B shall immediately rectify its products and allowances of the central and/or local governments for new energy vehicles services (including but not limited to car purchase subsidies“Weixin headlines”) which have been put online in accordance with the rights, energy saving obligations and emission reduction subsidies, and cooperation terms prescribed hereby. If Party B fails to complete the rights and interests under various support/reward policies issued by rectification within the state or local governments) as are related to the Cooperative Vehicle Models are owned time limit specified by Party A, then Party A (or shall be entitled to claim for liability for breach of contract according to this Agreement. Moreover, during the rectification period, Party A's affiliated parties) and/or Party D (or Party D's affiliated parties). A has the right to suspend providing data to Party B and to request Party C do not enjoy any rights and interests in question, and shall take necessary actions (for example, selling such rights and interests B to a third party) according to delete the instructions of Party A and/or Party D, and the taxes and fees arising from such necessary actions shall be borne by Party A (or Party A’s affiliated parties) and/or Party D (or Party D's affiliated parties)existing data. For the sake of clarity, under the same conditions, Party A (or Party A's affiliated parties) and/or Party D (or Party D's affiliated parties) shall give priority to selling the new energy points to Party C and/or its affiliated parties.
3.6 All Parties concerned shall refer to Appendix 4 Quality Agreement for the quality assurance, after-sales service and claims of the Cooperative Vehicle Models and delivered vehicles.
Appears in 1 contract
Samples: Cooperation Agreement (Sogou Inc.)
Rights and Obligations of the Parties. 3.1 Party A and/or its affiliated parties are ZEEKR shall be responsible for the project development tasks, objectives, costs, development progress and R&D quality control. ZEEKR shall, while under the assistance of Party C is C, be responsible for handling completing the necessary formalities procedures such as product announcement, 3C certification and declaration of environmental protection announcement declaration of the Cooperative Vehicle Modelscooperative models, and providing provide necessary technical data and related relevant documents. If on-site audit or inspection is required by the relevant laws and regulations or government authoritiesauthorities require on-site factory audit or on-site inspection, Party B Chengdu Factory shall cooperate according to with the requirements of government authorities, Party A and/or its affiliated parties, ZEEKR and Party C as required (including but not limited to cooperating with providing assistance for on-site work and providing documents and materials).
3.2 Party A and/or its affiliated parties are ZEEKR shall be responsible for supply chain management such as direct material supplier selection, pricing and point settingfixing, business negotiation, supplier quality management, purchase order placement, supplier capacity management and other supplier management matters; Chengdu Factory shall be responsible for placing purchase orders. ZEEKR is mainly responsible for supply chain management, such as ensuring the timeliness guaranteeof supply from suppliers, and Chengdu Factory shall provide assistance. Party B will timely Please refer to Annex 3 for details about RASIC division of labor. Chengdu Factory shall, in accordance with acceptance standards and requirements approved by ZEEKR, promptly accept the materials delivered by the supplier according to the acceptance standards and requirements recognized by Party A and/or its affiliated parties suppliers (including but not limited to package confirmation, visual appearance inspection, quantity checkcounting, model checkchecking, and quality problems, etc.), and properly keep the materials and settle the material pricepayment. It is agreed by all parties that the Chengdu Factory will handle the nonconforming products in accordance with the management measures jointly agreed by ZXXXX and Chengdu Factory. If it is necessary to pay the supplier needs to be paid in advance due to material shortage and other reasons, Party A and/or its affiliated parties ZEEKR shall pay the corresponding material price to Party B Chengdu Factory in advance, which may and the material price paid in advance can be deducted from the vehicle kit total amount of payment for CKDs payable by ZXXXX to Chengdu Factory. If the materials are sluggish due to Party A's reasons, Party A and/or its affiliated parties shall bear the expenses. If the materials are sluggish due to Party B.B's reasons, Party B shall bear the expenses.
3.3 Party B Chengdu Factory shall be fully responsible for the production and manufacturing of cooperative models, including material management, production process development, inspection, etc. It is agreed by the parties that they will manufacture perform quality related functions and responsibilities in accordance with the Cooperative Vehicle Models according to the quality assurance requirements agreed management measures set forth in Appendix Annex 4 Quality Agreement. Party B shall formulate the inspection documents of the Cooperative Vehicle Models according to Appendix 4 Quality Agreement or the acceptance standards confirmed separately with Party A, and carry out the process inspection and ex-factory inspection of the Cooperative Vehicle Models accordingly. Party A and/or its affiliated parties have the right to inspect the Cooperative Vehicle Models prior to delivery, and also have the right to conduct random inspection upon delivery by Party B..
3.4 Party B will Chengdu Factory shall coordinate with Party C to handle the Certificatequalification certificate, conformity consistency certificate, 3C labeling, labeling and the printing and information uploading of the motor vehicle environmental protection on-board information list of for the Cooperative Vehicle Modelscooperative models. According to the corresponding data provided by Party A (or Party A's affiliated parties) and/or Party D (or Party D's affiliated parties)ZEEKR and its affiliates, Party C is shall be responsible for the information input of entry on various platforms, including but not limited to the monitoring platform for new energy vehicle monitoring platform vehicles and the battery traceability system, and Party B is ; Chengdu Factory shall be responsible for timely promptly and accurately providing all other information (including but not limited to vehicle production, warehousing, invoicing billing and other information) required to complete necessary for the above completion of the aforementioned work, and is held accountable liable for the authenticity, accuracy and completeness of such information.
3.5 All Parties The parties hereby confirm that although the product announcement is registered in under the name of Party C, such the new energy points, credits and carbon emission points credits (if applicable), subsidies and allowances of the central and/or local governments for new energy vehicles (including but not limited to car purchase subsidies, energy saving and emission reduction subsidies, and the rights and interests under various support/reward policies issued by the state or local governments) as are related to the Cooperative Vehicle Models are owned by cooperative models shall belong to Party A (or Party A's affiliated parties) and/or Party D (or Party D's affiliated parties)its affiliates. Party B and or Party C do not enjoy any rights and interests in question, and shall take necessary actions (for example, selling such rights and interests to a third party) according to in accordance with the instructions of decision as agreed with Party A and/or regarding the rights and interests which shall be enjoyed by Party DA or its affiliates, and provided that Party A or its affiliates shall bear the taxes and fees arising from out of such necessary actions shall be borne by Party A (or Party A’s affiliated parties) and/or Party D (or Party D's affiliated parties)actions. For the sake of clarity, under the same conditions, Party A (or Party A's affiliated parties) and/or Party D (or Party D's affiliated parties) its affiliates shall give priority to Party B or its affiliates when selling new energy credits, and Party B or its affiliates shall also give priority to purchasing the new energy points credits of Party A or its affiliates when it has the need to Party C and/or its affiliated purchase new energy credits.
3.6 The parties hereby confirm that the follow-up matters related to government subsidies will be promoted with the friendly assistance of all parties.
3.6 All Parties 3.7 The parties concerned shall refer to Appendix 4 Quality Agreement for conduct follow-up negotiations and sign separate agreements on matters such as the quality assurance, after-sales service and claims of the Cooperative Vehicle Models cooperative models and delivered vehicles.
Appears in 1 contract
Samples: Cooperation Framework Agreement (ZEEKR Intelligent Technology Holding LTD)
Rights and Obligations of the Parties. 3.1 Party A and/or its affiliated parties are shall be responsible for the project development tasks, objectives, costs, development progress and R&D quality control. Party A shall, while under the assistance of Party C is C, be responsible for handling completing the necessary formalities procedures such as product announcement, 3C certification and declaration of environmental protection announcement declaration of the Cooperative Vehicle Modelscooperative models, and providing provide necessary technical data and related relevant documents. If on-site audit or inspection is required by the relevant laws and regulations or government authoritiesauthorities require on-site factory audit or on-site inspection, Party B shall cooperate according to with the requirements of government authorities, Party A and/or its affiliated parties, and Party C as required (including but not limited to cooperating with providing assistance for on-site work and providing documents and materials).
3.2 Party A and/or its affiliated parties are shall be responsible for supply chain management such as direct material supplier selection, pricing and point settingpricing, business negotiation, supplier quality management, purchase order placement, supplier capacity management and other supplier management matters; Party B shall be responsible for placing purchase orders. Party A is mainly responsible for supply chain management, such as ensuring the timeliness guaranteeof supply from suppliers, and Party B shall provide assistance. Please refer to Annex 3 for details about RASIC division of labor. Party B will timely shall, in accordance with acceptance standards and requirements approved by Party A, promptly accept the materials delivered by the supplier according to the acceptance standards and requirements recognized by Party A and/or its affiliated parties suppliers (including but not limited to package confirmation, visual appearance inspection, quantity checkcounting, model checkchecking, and quality problems, etc.), and properly keep the materials and settle the material pricepayment. If it It is necessary to pay agreed by all parties that the supplier in advance due to material shortage and other reasons, Party A and/or its affiliated parties shall pay the corresponding material price to Party B will handle the nonconforming products in advance, which may be deducted from accordance with the vehicle kit payment payable management measures agreed by Party A and/or its affiliated parties to and Party B.
3.3 Party B shall be fully responsible for the production and manufacturing of cooperative models, including material management, production process development, inspection, etc. It is agreed by the parties that they will manufacture perform quality related functions and responsibilities in accordance with the Cooperative Vehicle Models according to the quality assurance requirements agreed management measures set forth in Appendix Annex 4 Quality Agreement. Party B shall formulate the inspection documents of the Cooperative Vehicle Models according to Appendix 4 Quality Agreement or the acceptance standards confirmed separately with Party A, and carry out the process inspection and ex-factory inspection of the Cooperative Vehicle Models accordingly. Party A and/or its affiliated parties have the right to inspect the Cooperative Vehicle Models prior to delivery, and also have the right to conduct random inspection upon delivery by Party B..
3.4 Party B will shall coordinate with Party C to handle the Certificatequalification certificate, conformity consistency certificate, 3C labeling, labeling and the printing and information uploading of the motor vehicle environmental protection on-board information list of for the Cooperative Vehicle Modelscooperative models. According to the corresponding data provided by Party A (or Party A's affiliated parties) and/or Party D (or Party D's affiliated parties)and its affiliates, Party C is shall be responsible for the information input entry of various platforms, including but not limited to the monitoring platform for new energy vehicle monitoring platform vehicles and the battery traceability system, and ; Party B is shall be responsible for timely promptly and accurately providing all other information (including but not limited to vehicle production, warehousing, invoicing billing and other information) required to complete necessary for the above completion of the aforementioned work, and is held accountable liable for the authenticity, accuracy and completeness of such information.
3.5 All Parties The parties hereby confirm that although the product announcement is registered in under the name of Party C, such the new energy points, credits and carbon emission points credits (if applicable), subsidies and allowances of the central and/or local governments for new energy vehicles (including but not limited to car purchase subsidies, energy saving and emission reduction subsidies, and the rights and interests under various support/reward policies issued by the state or local governments) as are related to the Cooperative Vehicle Models are owned by cooperative models shall belong to Party A (or Party A's affiliated parties) and/or Party D (or Party D's affiliated parties)its affiliates. Party B and or Party C do not enjoy any rights and interests in question, and shall take necessary actions (for example, selling such rights and interests to a third party) according to in accordance with the instructions of decision as agreed with Party A and/or regarding the rights and interests enjoyed by Party DA or its affiliates, and provided that Party A or its affiliates shall bear the taxes and fees arising from out of such necessary actions shall be borne by Party A (or Party A’s affiliated parties) and/or Party D (or Party D's affiliated parties)actions. For the sake of clarity, under the same conditions, Party A (or Party A's affiliated parties) and/or Party D (or Party D's affiliated parties) its affiliates shall give priority to Party B or its affiliates when selling new energy credits, and Party B or its affiliates shall give priority to the new energy points credits of Party A or its affiliates when it has the need to Party C and/or its affiliated purchase new energy credits.
3.6 The parties hereby confirm that the follow-up matters related to government subsidies will be promoted with the friendly assistance of all parties.
3.6 All Parties concerned shall refer 3.7 With regard to Appendix 4 Quality Agreement for the quality assurance, cooperation model and the after-sales service and claims of the Cooperative Vehicle Models delivered vehicles and delivered vehiclesother matters, the parties shall act accordingly in accordance with Annex 4 Quality Agreement.
Appears in 1 contract
Samples: Cooperation Framework Agreement (ZEEKR Intelligent Technology Holding LTD)
Rights and Obligations of the Parties. 3.1 Party A and/or its affiliated parties are responsible for 1. Each party confirms that the project development tasks, objectives, costs, development progress and R&D quality control, while Party C is responsible for handling the necessary formalities such as product announcement, 3C certification and environmental protection announcement declaration of the Cooperative Vehicle Models, and providing necessary technical data and related documents. If on-site audit or inspection is required by relevant laws and regulations or government authorities, Party B shall cooperate according documents it provides to the requirements of government authorities, Party A and/or its affiliated parties, and Party C other party (including but not limited to cooperating with on-site work business registration, tax registration and providing documents other commercial documents) are true and materials)free from misrepresentation or fraud.
3.2 2. Party A and/or its affiliated parties are responsible for supply chain management such as direct material supplier selectionwarrants that it has the power to provide Party B with Official Platform Data and Contents according to this Agreement, pricing and point setting, business negotiation, supplier management, purchase order placement, supplier capacity to provide Official Platform Data and supply timeliness guaranteeContents and updates thereof according to cooperation needs. Party B will A shall also use reasonable commercial efforts to make sure that data information is timely accept provided to Party B.
3. Party A shall use reasonable commercial efforts to make sure the materials delivered data interfaces and data fields it provides meet the invocation timeliness and quality requirements as agreed upon by the supplier according parties.
4. When using Official Platform Data and Contents, Party B shall indicate that they are sourced from Party A. Party B is obliged to correctly and completely indicate the acceptance standards data source to be Party A and requirements recognized xxxx “services provided by Party A”, and such use of Party A’s product name shall be confirmed by Party A and/or its affiliated parties in writing.
5. The Official Platform Data and Contents hereunder are for use by Party B in Sogou Search Services only, and without the written permission of Party A, Party B shall not use the related data and contents for any form of sales and commercial utilization other than the purposes prescribed hereby (including but not limited to package confirmationbidding rank, visual inspectionmedia stream and recommendation, quantity check, model check, and quality problemsexcept for the home page of Sogou Weixin search.), and properly keep and settle or reveal, provide or permit any third party to use the material price. If it is necessary to pay the supplier same in advance due to material shortage and other reasons, Party A and/or its affiliated parties shall pay the corresponding material price to Party B in advance, which may be deducted from the vehicle kit payment payable by Party A and/or its affiliated parties to Party B.any way.
3.3 Party B will manufacture the Cooperative Vehicle Models according to the quality assurance requirements agreed in Appendix 4 Quality Agreement6. Party B may exhibit Weixin official platform Data and Contents solely in the manner of Weixin Official Platform Source Pages. Without Party A’s written consent, Party B shall formulate the inspection documents of the Cooperative Vehicle Models according to Appendix 4 Quality Agreement or the acceptance standards confirmed separately with not arbitrarily alter official platform Data and Contents provided by Party A, and carry out the process inspection and ex-factory inspection of the Cooperative Vehicle Models accordingly. Party A and/or its affiliated parties have the right to inspect the Cooperative Vehicle Models prior to delivery, and also have the right to conduct random inspection upon delivery by Party B.
3.4 Party B will coordinate Party C to handle the Certificate, conformity certificate, 3C labeling, printing and information uploading of the environmental protection on-board list of the Cooperative Vehicle Models. According to the corresponding data provided by Party A (or Party A's affiliated parties) and/or Party D (or Party D's affiliated parties), Party C is responsible for display the information input content of various platformsWeChat official platform in any way other than the source pages of WeChat official platform, including but not limited to arbitrarily editing, sorting, alter or tampering Weixin official platform data and content, or exhibit the new energy vehicle monitoring platform same in a way other than the typesetting style approved.
7. Party B’s display of plugins or functions auxiliary to Official Platform Source Pages, including link to home page (profile) of Weixin official account, link to Weixin advertisement system, and battery traceability systemcomment function, must be linked to their source pages, rather than displaying them in any form other than Weixin Official Platform Source Pages, and Party B shall not shelter, insert in, or hinder by pop-up windows in any form any auxiliary plugins or functions. When any user of Party B logs into his Weixin account, his browsing and reading of Weixin official platform information and contents, number of “likes” given and other recording data shall be synchronized with Party A in a way prescribed by Party A. Party B shall make sure such user can normally use “like”, comment and other plugins and functions that are provided by Party A and auxiliary to source pages.
8. When exhibiting official platform data, Party B shall guide and instruct its users to follow the Weixin official account that releases such content, and such guidance and instruction shall be obvious, accurate, effective and clear.
9. During the performance of this Agreement, Party B shall take safe, effective and rigorous measures to prevent any third party other than parties hereto from grabbing, intercepting, acquiring and using official platform data in any way including but not limited to a Spider program. Party A may require Party B to immediately clean up, rectify or effectively upgrade the prevention measure, if Party A is responsible aware of any third party violation. Party B shall actively cooperate with Party A to take corresponding measures. Party B shall make response within 24 hours after receiving Party A’s written notice and update Party A the processing status every 48 hours in writing during the handling process. Party A has the right to investigate Party B’s liability for timely breach of contract in accordance with this Agreement, if Party B fails to complete the aforesaid clean-up work with the time frame confirmed by both parties through negotiation or fails to meet the clean-up requirements determined by both parties.
10. During the performance of this Agreement, Party B may not set up any subscription systems independent from Weixin official platform based on Weixin Official Platform Data and accurately providing all other information Contents.
11. The written consent (including email, Weixin, or QQ discussion group of personnel designated by the parties) from Party A shall be obtained before the name of any product or service relating to Party A (including but not limited to vehicle production, warehousing, invoicing and other information) required to complete the above work, and is held accountable for the authenticity, accuracy and completeness of such information.
3.5 All Parties hereby confirm that although the product announcement is registered in the name of Party C, such new energy points, carbon emission points (if applicable), subsidies and allowances of the central and/or local governments for new energy vehicles (including but not limited to car purchase subsidies, energy saving and emission reduction subsidies, and the rights and interests under various support/reward policies issued by the state or local governmentsWeixin) as are related to the Cooperative Vehicle Models are owned prepared or edited by Party A (or Party A's affiliated parties) and/or Party D (or Party D's affiliated parties). Party B and Party C do not enjoy any rights and interests in question, and shall take necessary actions (for example, selling such rights and interests to a third party) according to the instructions of Party A and/or Party D, and the taxes and fees arising from such necessary actions shall be borne by Party A (or Party A’s affiliated parties) and/or Party D (or Party D's affiliated parties). For the sake of clarity, under the same conditions, Party A (or Party A's affiliated parties) and/or Party D (or Party D's affiliated parties) shall give priority to selling the new energy points to Party C and/or its affiliated partiesis put online.
3.6 All Parties concerned shall refer to Appendix 4 Quality Agreement for the quality assurance, after-sales service and claims of the Cooperative Vehicle Models and delivered vehicles.
Appears in 1 contract
Samples: Cooperation Agreement (Sohu.com LTD)
Rights and Obligations of the Parties. 3.1 Party A and/or its affiliated parties are responsible for 1. Each party confirms that the project development tasks, objectives, costs, development progress and R&D quality control, while Party C is responsible for handling the necessary formalities such as product announcement, 3C certification and environmental protection announcement declaration of the Cooperative Vehicle Models, and providing necessary technical data and related documents. If on-site audit or inspection is required by relevant laws and regulations or government authorities, Party B shall cooperate according documents it provides to the requirements of government authorities, Party A and/or its affiliated parties, and Party C other party (including but not limited to cooperating with on-site work business registration, tax registration and providing documents other commercial documents) are true and materials)free from misrepresentation or fraud.
3.2 2. Party A and/or its affiliated parties are responsible for supply chain management such as direct material supplier selectionwarrants that it has the power to provide Party B with Official Platform Data and Contents according to this Agreement, pricing and point setting, business negotiation, supplier management, purchase order placement, supplier capacity to provide Official Platform Data and supply timeliness guaranteeContents and updates thereof according to cooperation needs. Party B will A shall also use reasonable commercial efforts to make sure that data information is timely accept provided to Party B.
3. Party A shall use reasonable commercial efforts to make sure the materials delivered data interfaces and data fields it provides meet the invocation timeliness and quality requirements as agreed upon by the supplier according parties.
4. When using Official Platform Data and Contents, Party B shall indicate that they are sourced from Party A. Party B is obliged to correctly and completely indicate the acceptance standards data source to be Party A and requirements recognized xxxx “services provided by Party A”, and such use of Party A’s product name shall be confirmed by Party A and/or its affiliated parties in writing.
5. The Official Platform Data and Contents hereunder are for use by Party B in Sogou Search Services only, and without the written permission of Party A, Party B shall not use the related data and contents for any form of sales and commercial utilization other than the purposes prescribed hereby (including but not limited to package confirmationbidding rank), visual inspectionor reveal, quantity checkprovide or permit any third party to use the same in any way.
6. Party B may exhibit Weixin official platform information and contents in any of the following manners: (1) Weixin Official Platform Source Pages; and (2) a typographic style set by Party B and agreed by Party A.
7. If Party B chooses to exhibit Weixin official platform information and contents in the manner prescribed in item (2) above, model checkit shall submit in writing a typographic style for exhibiting Weixin official platform information and contents to Party A for assessment, independent judgment and approval in advance. If Party A approves the typographic style, the data and contents will be put out in the typographic style provided by Party B for display by Party B; otherwise, Party B shall not display Weixin official platform information and contents in any way other than Weixin Official Platform Source Pages. Party B may exhibit Weixin official platform information and contents only in the typographic style approved by Party A, and quality problems), and properly keep and settle shall make sure the material price. If it is necessary to pay pages are under the supplier in advance due to material shortage and other reasons, Party A and/or its affiliated parties shall pay the corresponding material price to domain name of Party B in advance, which may be deducted from the vehicle kit payment payable by Party A and/or its affiliated parties to Party B.
3.3 Party B will manufacture the Cooperative Vehicle Models according to the quality assurance requirements agreed in Appendix 4 Quality Agreementonly. Party B shall formulate not edit, sort or organize Weixin official platform data without authorization or exhibit the inspection documents same in a way other than the typographic style approved.
8. Party B’s display of the Cooperative Vehicle Models according plugins or functions auxiliary to Appendix 4 Quality Agreement Official Platform Source Pages, including link to home page (profile) of Weixin official account, link to Weixin advertisement system, and comment function, must be linked to their source pages, rather than displaying them in any form other than Weixin Official Platform Source Pages, and Party B shall not shelter, insert in, or the acceptance standards confirmed separately hinder by pop-up windows in any form any auxiliary plugins or functions. When any user of Party B logs into his Weixin account, his browsing and reading of Weixin official platform information and contents, number of “likes” given and other recording data shall be synchronized with Party A, and carry out the process inspection and ex-factory inspection of the Cooperative Vehicle Models accordingly. Party A and/or its affiliated parties have the right to inspect the Cooperative Vehicle Models prior to delivery, and also have the right to conduct random inspection upon delivery in a way prescribed by Party B.
3.4 A. Party B will coordinate Party C to handle the Certificateshall make sure such user can normally use “like”, conformity certificate, 3C labeling, printing comment and information uploading of the environmental protection on-board list of the Cooperative Vehicle Models. According to the corresponding data other plugins and functions that are provided by Party A (or Party A's affiliated parties) and/or Party D (or Party D's affiliated parties)and auxiliary to source pages.
9. When exhibiting official platform data, Party C is responsible for B shall guide and instruct its users to follow the information input Weixin official account that releases such content, and such guidance and instruction shall be obvious, accurate, effective and clear.
10. During the performance of various platformsthis Agreement, Party B shall take safe, effective and rigorous measures to prevent any third party other than parties hereto from grabbing, intercepting, acquiring and using official platform data in any way including but not limited to a Spider program.
11. During the new energy vehicle monitoring platform and battery traceability systemperformance of this Agreement, and Party B is responsible for timely may not set up any subscription systems independent from Weixin official platform based on Weixin Official Platform Data and accurately providing all other information Contents.
12. The written consent (including email, Weixin, or QQ discussion group of personnel designated by the parties) from Party A shall be obtained before the name of any product or service relating to Party A (including but not limited to vehicle productionWeixin) as prepared or edited by Party B is put online.
13. Without the approval and consent of Party A, warehousingParty B shall not itself use or authorize any third party to use “Weixin”, invoicing “official account”, “official platform” and other information) required to complete the above work, and is held accountable for the authenticity, accuracy and completeness of such information.
3.5 All Parties hereby confirm that although the product announcement is registered terms or expressions in connection with Weixin or Weixin official platform in the name of any existing or future function, application or product. If any existing or future function, application or product of Party CB uses any official platform data, the name of which shall be submitted to Party A for examination beforehand, without the approval and consent of Party A, Party B shall not itself use or authorize any third party to use such new energy pointsnames. For purposes of this clause, carbon emission points (if applicable), subsidies the examination period of Party A will be 5 working days. The failure of Party A to give a reply during the examination period shall be deemed as a rejection.
14. Party B shall immediately rectify its products and allowances of the central and/or local governments for new energy vehicles services (including but not limited to car purchase subsidies“Weixin headlines”) which have been put online in accordance with the rights, energy saving obligations and emission reduction subsidies, and cooperation terms prescribed hereby. If Party B fails to complete the rights and interests under various support/reward policies issued by rectification within the state or local governments) as are related to the Cooperative Vehicle Models are owned time limit specified by Party A, then Party A (or shall be entitled to claim for liability for breach of contract according to this Agreement. Moreover, during the rectification period, Party A's affiliated parties) and/or Party D (or Party D's affiliated parties). A has the right to suspend providing data to Party B and to request Party C do not enjoy any rights and interests in question, and shall take necessary actions (for example, selling such rights and interests B to a third party) according to delete the instructions of Party A and/or Party D, and the taxes and fees arising from such necessary actions shall be borne by Party A (or Party A’s affiliated parties) and/or Party D (or Party D's affiliated parties). For the sake of clarity, under the same conditions, Party A (or Party A's affiliated parties) and/or Party D (or Party D's affiliated parties) shall give priority to selling the new energy points to Party C and/or its affiliated partiesexisting data.
3.6 All Parties concerned shall refer to Appendix 4 Quality Agreement for the quality assurance, after-sales service and claims of the Cooperative Vehicle Models and delivered vehicles.
Appears in 1 contract
Samples: Cooperation Agreement (Sohu Com Inc)
Rights and Obligations of the Parties. 3.1 1. The co-insurance group company has the following rights:
(1) The right to require Party A and/or M to keep the co-insurance group company’s commercial secrets confidential;
(2) The right to demand that Party M adheres to the principle of utmost good faith and fulfills its affiliated parties are responsible for duty of disclosure in conducting brokerage business;
(3) The right to request Party M to provide relevant information or data related to this project that does not involve Party M’s commercial secrets;
(4) The right to require Party M to perform related services stipulated in the project development tasksagreement: customer service, objectivesoperational promotion, costs, development progress and R&D quality control, while other related matters;
(5) The right to review the marketing materials of Party C is responsible for handling M.
2. The co-insurance group company shall fulfill the following obligations:
(1) To provide Party M with the necessary formalities such as product announcementbusiness documents, 3C certification and environmental protection announcement declaration of the Cooperative Vehicle Modelsterms, and providing necessary technical data and related documentsother supplies. If onthe co-site audit or inspection is required by relevant laws insurance group company needs to change related business rules (insurance rules, product discontinuation, etc.), it should consult with Party M in advance and regulations or government authorities, notify Party B M 10 days before the changes;
(2) The co-insurance group company shall cooperate pay the brokerage fee to Party M on time according to the requirements terms of government authoritiesthis agreement. The co-insurance group company supports paying the corresponding brokerage fee to Party M for premiums received, Party A and/or its affiliated parties, and Party C (including but even if not limited to cooperating with on-site work and providing documents and materials).
3.2 Party A and/or its affiliated parties are responsible for supply chain management such as direct material supplier selection, pricing and point setting, business negotiation, supplier management, purchase order placement, supplier capacity and supply timeliness guarantee. Party B will timely accept the materials delivered by the supplier according to the acceptance standards and requirements recognized fully paid by Party A and/or its affiliated parties (including but not limited to package confirmation, visual inspection, quantity check, model check, A. If the co-insurance group company violates the regulations and quality problems), and properly keep and settle the material price. If it is necessary fails to pay the supplier in advance due to material shortage and other reasonsbrokerage fee on time, Party A and/or its affiliated parties shall pay the corresponding material price to Party B in advance, which may be deducted from the vehicle kit payment payable by Party A and/or its affiliated parties to Party B.
3.3 Party B will manufacture the Cooperative Vehicle Models according to the quality assurance requirements agreed in Appendix 4 Quality Agreement. Party B shall formulate the inspection documents of the Cooperative Vehicle Models according to Appendix 4 Quality Agreement or the acceptance standards confirmed separately with Party A, and carry out the process inspection and ex-factory inspection of the Cooperative Vehicle Models accordingly. Party A and/or its affiliated parties have M has the right to inspect charge a penalty of 0.05% per day on the Cooperative Vehicle Models prior unpaid brokerage fee from all parties of the co-insurance group and may terminate this agreement.
3. Party M has the following rights:
(1) The right to deliveryreceive relevant terms, documents, business information, and also have authorization to review promotional materials provided by the co-insurance group company;
(2) The right to conduct random inspection upon delivery demand payment of the brokerage fee from the co-insurance group company as stipulated in this agreement.
4. Party M shall undertake the following obligations:
(1) When conducting brokerage business, Party M should fulfill its obligation to disclose information truthfully;
(2) Party M has a duty of confidentiality and must not disclose any information or data about the co-insurance group company obtained through brokerage activities to third parties;
(3) Party M should strictly follow the insurance terms, rates, documents, and practices provided by Party B.
3.4 Party B will coordinate Party C to handle the Certificateco-insurance group company in conducting insurance brokerage business, conformity certificate, 3C labeling, printing and must properly keep the documents and information uploading provided by the co-insurance group company, without losing or transferring them to others, nor altering any documents or information;
(4) When collecting brokerage fees, Party M should provide a brokerage fee invoice supervised by the national tax authorities to the co-insurance group company;
(5) To supervise and guide clients in disaster prevention, loss prevention, and safety measures, safeguarding the interests of the environmental protection onco-board list of insurance group company;
(6) To cooperate with the Cooperative Vehicle Models. According to the corresponding co-insurance group company in collecting information/data provided by Party A (or Party A's affiliated parties) and/or Party D (or Party D's affiliated parties), Party C is responsible for the information input of various platforms, including but not limited to the new energy vehicle monitoring platform and battery traceability system, and Party B is responsible for timely and accurately providing all other information (including but not limited to vehicle production, warehousing, invoicing and other information) required to complete the above work, and is held accountable for the authenticity, accuracy and completeness of such informationhandling claims in brokerage business.
3.5 All Parties hereby confirm that although the product announcement is registered in the name of Party C, such new energy points, carbon emission points (if applicable), subsidies and allowances of the central and/or local governments for new energy vehicles (including but not limited to car purchase subsidies, energy saving and emission reduction subsidies, and the rights and interests under various support/reward policies issued by the state or local governments) as are related to the Cooperative Vehicle Models are owned by Party A (or Party A's affiliated parties) and/or Party D (or Party D's affiliated parties). Party B and Party C do not enjoy any rights and interests in question, and shall take necessary actions (for example, selling such rights and interests to a third party) according to the instructions of Party A and/or Party D, and the taxes and fees arising from such necessary actions shall be borne by Party A (or Party A’s affiliated parties) and/or Party D (or Party D's affiliated parties). For the sake of clarity, under the same conditions, Party A (or Party A's affiliated parties) and/or Party D (or Party D's affiliated parties) shall give priority to selling the new energy points to Party C and/or its affiliated parties.
3.6 All Parties concerned shall refer to Appendix 4 Quality Agreement for the quality assurance, after-sales service and claims of the Cooperative Vehicle Models and delivered vehicles.
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