Supplementary Provisions. 10.1. The failure or delay of any party hereof to exercise any right hereunder shall not be deemed as a waiver thereof, nor any single or partial exercise of any right preclude further exercise thereof in future by the party.
10.2. The headings of articles herein are provided for the purpose of index. Such headings shall in no event be used or affected interpretations of the terms herein.
10.3. The conclusion, effectiveness, interpretation of the agreement and the settlement of disputes in connection therewith, shall be governed by laws of Hong Kong Special Administration Region of the People’s Republic of China.
10.4. Each party hereunder concludes the agreement with legal purpose. Each term hereof is severable and independent from the others. If at any time one or more of such terms is or becomes invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining terms hereof shall not in any way be affected thereby; and the parties shall make every endeavor to negotiate and arrive at new terms to substitute the invalid, illegal and unenforceable terms, and preserve as near as possible business purposes of the original terms.
10.5. Upon the effectiveness of the agreement, the parties shall fully perform the agreement. Any modifications of the agreement shall only be effective in written form, through consultations of the parties, and obtained necessary authorization and approval by Party D and Party E respectively.
10.6. Matters not covered in the agreement shall be dealt with in a supplementary agreement, and annexed hereto. The supplementary agreement shall have the same legal force as the agreement.
10.7. The agreement is executed in six original copies, which are equally authentic. Each party hereto shall hold one copy.
10.8. The agreement shall be effective upon execution. (The reminder of this page is intentionally left blank.) [Signature page, no body text] To: Zhenfei Fan Address: 9/F., Tower C, Corporate Square, Xx.00 Xxxxxxxxx Xxxxxx, Xxxxxxx Xxxxxxxx, Xxxxxxx Date: January 8, 2010 Dear Zhenfei Fan As per the Purchase Option and Cooperation Agreement entered into in 2008 among us and others, we hereby designate Xx. Xxxxxxxx Xx (ID Number: 62042119830109131X) to acquire 55% of the equity interests of Shanghai Chongzhi Co., Ltd owned by you. Please carry out all necessary procedures to complete the transfer of shares within [30] days of this Notice. Yours truly, Fortune Software (Beijing) Co., Ltd. (Seal)
Supplementary Provisions. 15.1 This Agreement shall be governed by the laws of China in all respects. All disputes arising from the performance of this Agreement shall be settled by all parties through friendly negotiation. If all parties fail to reach consensus within thirty (30) days after the disputes arise, the disputes shall be submitted to Shanghai Branch of China International Economic and Trade Arbitration Commission for arbitration in accordance with the arbitration rules then in effect. The seat of arbitration shall be Shanghai. The arbitration shall be made in Chinese. The arbitration award shall be final and binding on all parties. Except for the part being submitted for arbitration, other parts of this agreement shall remain valid. During the arbitration, all parties have the right to apply to the people’s court where the Party C is located for property preservation or take other measures permitted by law, so as to support the arbitration.
15.2 This Agreement shall take effect since the date of signing by all parties and will be terminated after all obligations under the Master Contract are fully implemented or terminated for any reason.
15.3 The Annexes to this Agreement shall be an integral part of this Agreement and have the same effect as the text of this Agreement.
15.4 Each article of this Agreement shall be separable and independent from other articles. If any one or more articles of this Agreement become invalid, illegal or unenforceable at any time, the validity, legality and enforceability of other articles will not be affected.
15.5 All parties shall bear and pay the taxes involved in this Agreement according to law.
15.6 Any amendment or supplement to this Agreement must be made in written form, and shall come into effect only after being effectively signed by all parties to this Agreement.
15.7 This Agreement is written in Chinese. The original is made in sextuplicate. Party A and Party C hold one copy for each; Party B holds two copies; the remaining two originals shall be submitted to the related industrial and commercial registration authority for filing. Party A: Jiangsu Manyun Logistics Information Co., Ltd. Legal Representative (signature) /s/ Guizhen Ma Guizhen Ma Party B: Xxx Xxxxx (signature): /s/ Xxx Xxxxx Xxx Xxxxx Xxxxxxx Ma (signature): /s/ Guizhen Ma Guizhen Ma Party C: Jiangsu Manyun Software Technology Co., Ltd. Legal Representative (signature) /s/ Zhengju Qian Zhengju Qian [This page is an annex to the Equity Interest Pledge Agreement]
1. ...
Supplementary Provisions. In addition to all of the provisions set out above, the parties have agreed as follows:
Supplementary Provisions. 1. During the lease term, Party B shall not sublease the premises to others without the written consent of Party A. However, with the written consent of Party A, Party B may apply to replace other tenants within the agreed time. If you find a new tenant within the agreed time and successfully introduce it to Party A, and sign a new lease contract. After Party A receives the deposit from the new tenant, Party A will give Party B some remuneration, and the specific amount shall be negotiated by both parties.
2. During the lease, Party B shall terminate the contract with Party A in advance, which is party B in breach of the contract, and Party A shall not return party B's deposit. Even if a new tenant is found to replace Party B and continue the lease, it is still a breach of contract. In addition, if it fails to leave Party A's premises after the early application for termination of the contract, it will still follow handling of the default clause.
3. The lease contract of the new tenant shall be signed by Party A and the new tenant. With the new tenant, the default clause is the same as the foregoing.
Article 16 During the term of this Contract, if Party A needs to transfer part or all of the property rights of the leased premises, it shall notify Party B in writing three months before the transfer, and Party B shall have the preemptive right under the same conditions. Party B shall give Party A a written reply within 10 natural days after receiving the written notice from Party A. If overdue, it shall be deemed as automatic waiver.
Article 17 During the term of this Contract, it is allowed to terminate or change this Contract under any of the following circumstances:
(1) The Contract cannot be performed in the occurrence of force majeure;
(2) The government shall requisition, recover or demolish the leased houses;
(3) Party A and Party B agree through consultation;
(4) Party B shall commit illegal acts.
Article 18 In any of the following circumstances, Party A may cause such losses,
þ 1. Party B is required to restore the premises to its original state;
þ 2. Request compensation for damages from Party B;
þ 3. The lease deposit will not be refunded;
Supplementary Provisions. 7.1 ( ) Both Parties agree to handle compulsory enforcement notarization for this Contract. If Party B fails to completely or partly perform the obligations specified herein when compulsory enforcement notarization is handled by both Parties for this Contract, Party A shall have the right to apply the original notary public for an enforcement certificate, and apply the competent people’s court (the people’s court at the location where the person subject to enforcement lives or where the property of the person subject to enforcement is located) for enforcement holding the original notarial certificate and the enforcement certificate.
Supplementary Provisions. 12.1 The titles and headings of this Agreement are for convenience only and may not affect the contents and interpretation of the body of the Agreement.
12.2 For any matter not stated herein, the Parties shall make and conclude a supplementary agreement, which shall serve as an appendix hereto and shall have the same legal effect with this Agreement.
Supplementary Provisions. 20.1 Insofar as the provisions of these Conditions of Purchase do not regu- late certain matters, relevant statutory provisions shall apply.
20.2 The Supplier shall be liable for any expenses and/or damages incurred by the Customer due to any breach of these conditions, in particular of sections 2, 3, 4, 7, 8, 14, 15,16 and 17, unless the Supplier is not re- sponsible for such breach.
Supplementary Provisions. 15.1 The Contract is made in two copies, one is held by Party B, and one is held by Party A, and each copy has the equal legal force.
15.2 Any matters not covered by the Contract shall be handled in compliance with relevant national laws, regulations and rules.
Supplementary Provisions. 15.1 This Agreement is executed in two original copies and each Party shall keep one.
15.2 All documents and agreements executed by the Parties in connection with the license of the Cellphone Games Software shall constitute attachments hereto. They shall be the integral part of this Agreement and have the same legal effect hereof.
15.3 This Agreement may be amended, revised or supplemented subject to an unanimous agreement of the Parties through consultation, and shall become effective after it is signed and sealed by the duly authorized representatives of the Parties.
15.4 Any matter which is not covered by this Agreement shall be handled in accordance with the Contract Law of the People’s Republic of China and relevant laws.
Supplementary Provisions. 11.1. This Agreement shall be governed by the laws of the People’s Republic of China. Any dispute that may arise during the performance of this Agreement shall be settled through amicable negotiations by all parties involved. Where the negotiation fails, either party may submit the dispute to China International Economic and Trade Arbitration Commission for arbitration in accordance with the prevailing arbitration rules of such arbitration institution. The place of arbitration is Beijing, the arbitration language is Chinese, the arbitral award is final and binding on all parties. Except for the part that is being submitted to arbitration, the rest of this Agreement shall remain in force. The validity of this Article is not subject to the impact from the change, cancellation or termination of this Agreement.
11.2. Upon signing this Agreement, it shall supersede any prior undertakings, memorandums, agreements or any other documents previously made in respect of the subject matter of this Agreement.
11.3. All parties agree that this Agreement shall be implemented to the extent permitted by law. Where any of the terms of this Agreement or any part of a term is deemed illegal, invalid or unenforceable by any competent authority or court have jurisdiction, such unlawful, invalid or unenforceable terms shall not be prejudice to any other terms of this Agreement or other parts of such terms. Other terms or other parts of such terms shall remain in full force and each party shall use its best endeavors to amend such illegal, invalid or unenforceable terms for the purpose of achieving the original terms.
11.4. The appendixes shall be an inalienable part of this Agreement and shall have the same legal effect as other parts of this Agreement.
11.5. This Agreement is prepared in Chinese and shall be executed in duplicate. Each copy has the same legal effect.
