Supplementary Agreement to the Operating Agreement
Exhibit 4.51
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Party A:
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Baidu Online Network Technology (Beijing) Co., Ltd. | |
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Address:
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Xx. 00 Xxxxxxx 00xx Xxxxxx, Xxxxxxx Xxxxxxxx, Xxxxxxx | |
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Party B:
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Beijing Baidu Netcom Science Technology Co., Ltd. | |
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Address:
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Xx. 00 Xxxxxxx 00xx Xxxxxx, Xxxxxxx Xxxxxxxx, Xxxxxxx | |
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Party C:
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Xxxxxxx XX | |
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ID No.
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110108196811171874 | |
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Party D:
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Xxxx XX | |
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ID No.
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110108196408161836 |
(Collectively, the “Parties”)
WHEREAS, Party A, Party B, Party C and Party D have made
a certain Operating Agreement dated March 22, 2005 (the
“Original Agreement”).
NOW, THEREFORE, the Parties agree through friendly
negotiation to amend the Original Agreement as follows on
April 22, 2010:
1. The Parties agree to amend Article 5 of the
Original Agreement as follows:
The original term which reads:
“Party B, together with its shareholder Party C, hereby
jointly agree and confirm that Party B shall first seek a
guarantee from Party A if Party B needs any guarantee for its
performance of any of its contracts or for any borrowing for
working capital purposes in the course of its operations. In
such cases, Party A shall have the right, but not the
obligation, to provide the appropriate guarantee to Party B at
Party A’s sole discretion. If Party A decides not to
provide such a guarantee, Party A shall immediately issue a
written notice to Party B and Party B may seek a guarantee from
third parties.”
Is amended as:
“Party B, together with its shareholder Party C, hereby
jointly agree and confirm that Party B shall first seek a
guarantee from Party A if Party B needs any guarantee for its
performance of any of its contracts or for any borrowing for
working capital purposes in the course of its operations. In
such cases, Party A shall have the obligation to provide
appropriate guarantee to Party B at Party A’s sole
discretion.”
2. This Agreement is an integral part of this Agreement. If
there is any consistency between this Agreement and the Original
Agreement, this Agreement shall prevail. Any matter that is not
provided under this Agreement shall be governed by the Original
Agreement.
3. This Agreement is made in four counterparts with each
Party holding one copy. Each copy has the same legal effect and
will be effective upon signature and affixture of seals by the
Parties.
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Party A:
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Baidu Online Network Technology (Beijing) Co., Ltd. | |
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By:
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/s/ Xxxxx
Xxxx |
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Title:
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Legal representative/authorized representative | |
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Seal:
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[Baidu Online Network Technology (Beijing) Co., Ltd. seal] | |
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Party B:
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Beijing Baidu Netcom Science Technology Co., Ltd. | |
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By:
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/s/ Xxxxxxxx
Xxxxx |
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Title:
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Legal representative/authorized representative | |
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Seal:
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[Beijing Baidu Netcom Science Technology Co., Ltd. seal] | |
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Party C:
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Xxxxxxx XX | |
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By:
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/s/ Xxxxxxx
Xx |
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Party D:
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Xxxx XX | |
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By:
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/s/ Xxxx
Xx |
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