THE ORIGINAL AGREEMENT. The Original Agreement is hereby amended and restated in its entirety, as follows.
THE ORIGINAL AGREEMENT. Except as specifically amended hereby, the Original Agreement shall continue in full force and effect in accordance with the provisions thereof in existence on the date hereof. Unless the context otherwise requires, after the date hereof, any reference to the Original Agreement shall mean the Original Agreement as amended hereby. [Signature Page Follows] US-DOCS\101242133.1
THE ORIGINAL AGREEMENT. 2.1 This Agreement is supplemental to and amends the Original Agreement.
2.2 Save as amended by this Agreement the provisions of the Original Agreement (and any documentation ancillary to it) shall continue in full force and effect and, where specified in the Original Agreement, shall continue to subsist following termination of the Original Agreement.
2.3 To the extent there is any conflict between the provisions of the Original Agreement (and any documentation ancillary to it) and this Agreement the provisions of this Agreement shall prevail.
THE ORIGINAL AGREEMENT. Section 1 of the Original ----------------------------------- Agreement is amended and restated in its entirety to read as follows:
THE ORIGINAL AGREEMENT. The commissions payable to the sales agents for carrying out the sales activities (hereinafter referred to as the "Commissions") shall be 35% (including VAT) of the total sales remitted by such sales agencies from their sales activities. If there is a refund due to early contractual termination, such amount shall be deducted from the sales amounts of the following month before profit distributions will be made. The foregoing may be amended by mutual agreement, and the commission to be applicable in such case shall be as specified in Article 2, Section 7, Subsection C, of the Original Agreement.
THE ORIGINAL AGREEMENT. Except as provided in this Section 1.2, this Agreement supersedes any previous agreements among the parties concerning the subject matter hereof, whether oral or written. The Original Agreement is hereby superseded and terminated with respect to all events occurring or actions taken on or subsequent to the Effective Date. The Original Agreement shall continue to have validity with respect to the interpretation and enforcement of the rights of the parties with respect to events occurring and/or actions taken prior to the Effective Date.
THE ORIGINAL AGREEMENT. From the date of this Agreement, the parties agree on the following:
(1 In view of the provision of the voting mechanism for the internal governance in Article 8 of this Agreement, any veto power of the previous round of investors or any conflict with the voting mechanism stipulated in this Agreement shall terminate;
(2 Notwithstanding the provisions of this Agreement concerning the preferential rights of the respective shareholders to the Company, However, the first round, the first right of the investor (the entitled party, as shown in Appendix III, The content of the right is still valid according to the Capital Increase and Share Increase Agreement of China Chi Auto Fu United E-commerce (Beijing) Co., Ltd. signed by the relevant parties on May 16,2016), Where: (i) the right of preemptive in article 7.1 of this Agreement, the right of joint sale in Article 7.2, the right of refusal in article 7.3 and the right of liquidation in Article 7.9, The investors of the previous round and the investors shall jointly enjoy such preferential rights in accordance with their respective shareholding ratio in the Company when exercising such preferential rights; (Ii) the anti-dilution terms and the most favorable terms, repurchase rights, sales rights and other investor rights, When the prior round of investors exercises such priority rights, Should not affect the exercise of the Investor under this Agreement, That is, the investor exercises such rights to enjoy the priority of any other previous round of investors, If and only if the Investor fully exercises or waives such priority rights, Other investors shall not exercise such priority rights. For the avoidance of doubt, such as investors written inform the former round of investors to abandon the exercise of all or part of the priority rights, or the former round of the investors to exercise all or part of the priority written notice investors within 30 days from the date of not received written feedback from investors, investors shall be deemed to abandon the exercise of such priority rights.
(3 The relevant investors of the previous round agree to delay until the exercise any of the rights of the term of June 30,2022 (the “Exercise Date”), and the liquidated damages, interest (if any) and other liabilities payable during the agreement of the preceding round shall be discharged from any effect on the parties. To avoid doubt, if the investment company failed to exercise the qualified listing, the appendix four quo...
THE ORIGINAL AGREEMENT. The Parties now wish to amend the Original Agreement as set out below:
2.1 The definition of Project Period in clause 2.1 shall be replaced with: “The Project will begin on the Commencement Date and will continue until 30 November 2022. This Agreement will remain in full force and effect for the duration of the Project, but a Party may withdraw or may be deemed to have withdrawn from the Project in accordance with clause 8 or 9”.
2.2 “The final invoice should be sent to the University by 14th December 2021 to allow preparation of the final cost statement to be submitted by the University on 1st January 2022” The paragraph above in Schedule 10 shall be replaced with: “The final invoice should be sent to the University by 14 October 2022 to allow preparation of the final cost statement to be submitted by the University on 30 November 2022”.
THE ORIGINAL AGREEMENT. The Collateral Documents.
THE ORIGINAL AGREEMENT. 10.1 The Original Agreement between DMSC and PRINTRAK is hereby superceded and is no longer in force and effect, with the exception of any existing obligations of PRINTRAK to compensate DMSC for services rendered and the mutual obligations of the parties to keep certain matters confidential.
10.2 In the case of any conflict between the language of the surviving obligations of the Parties pursuant to the Original Agreement and the subject Agreement, the terms and conditions of this Agreement shall prevail