Loan Agreement
Party
A:
Beijing Xxxxx Xxxx Pharmaceutical Co., Ltd.
Party
B:
Wu Lan Cha Bu Emergency Hospital Center
1, |
Type:
|
2, |
Usage:
construction of new hospital xxxx
|
3, |
Sum:
00 Xxxxxxx XXX
|
4, |
Condition
|
1. |
Party
B agree after the construction of new hospital xxxx, Party B will
assigned
Party A to be the only provider for all the medicine and disposable
medical treatment apparatus, corporation period: 20
years;
|
2. |
Party
A’s product’s price shall not be higher than the average market
price;
|
3. |
the
products’ purchasing fee will be paid
monthly;
|
4. |
Party
A shall not ask for bank interest for the
loan.
|
5, |
Loan
and payment term
|
1. |
Payment
length: 5 year, from Oct.10th, 2006 to Oct. 9th
2011;
|
2. |
Payment
Term: Payment Length: 5 year, will be paid on Oct.9th 2011, total
sum:
30Million XXX.
|
0, |
Xxxxxxxx
|
1. |
1),
This loan shall be used only for new hospital xxxx construction,
Party B
shall not use it for other purpose, and shall not apply it, for
illegal
usage.
|
2. |
2),
Party B must follow the payment term to pay back the
loan.
|
3. |
3),
Party B has the responsibility to accept Party A’s inspection and
supervision on the Loan’s usage, and to know the project blueprint’s
implementation, operation, financials, logistics, etc. Party B
must
provide concerning blueprint, financial reports and
documents.
|
4. |
4),
because of the following hospital’s own management reason that results to
bankruptcy, and can not continue implementing this agreement, Party
A
enjoy the priority right to be paid at the disposition disconnected
property, except for the legal payment of labor cost and necessary
maintenance cost. Party B can apply to modify or declare failure
to
implement the agreement without afford the agreement breach punishment
only based on the following situation: Government Admin Department’s
policies or decisions that result to the project’s closure, merging or
cancellation, etc. Or irresistible reason that cause the failure
of
agreement implementation,
|
7, |
Agreement
Breach Terms
|
1. |
1),
Party B’s obligation
|
a,
If
Party B didn’t apply the loan in the appointed usage, Party A has the right to
claim back portion or whole of the loan, and for the violated portion, to
claim
for the bank interest as penalty.
b,
If
Party B didn’t pay back the loan in time, Party A has the right to claim back
the loan and claim the bank interest as penalty.
c,
if
Party B use the loan in a extravagant way and caused unnecessary waste, or
if
Party B use the loan agreement into any illegal activity, Party A shall claim
back the loan together with bank interest, and will claim for the admin and
economic loss.
2. |
2),
Party A’s breach obligation
|
If
the
Party A didn’t provide loan in time, shall pay the penalty to Party B based on
the breach sum and deferring days. The penalty calculation way shall be the
same
as to Part B’s Breach penalty.
8, |
Dispute
Resolution
|
Any
dispute in implementing shall be negotiated within two parties first; if
failed,
then both party agree to
submit
it
to the local arbitration committee.
9, |
Miscellaneous
|
Any
party
shall not modify or terminate the agreement without the other party’s
permission. Any party want to modify or terminate the agreement, shall inform
the other party in written letter, and shall have written agreement on it.
After
the modification or termination, the used portion of the loan shall still
pay
back to Party A according to the payment term.
Any
annex
is the integral part of this agreement. The annex and this agreement are
equally
valid.
There
are
4 originals of this agreement. Each party will hold 2 original(s).
Party
A
(signature and seal): Beijing Xxxxx Xxxx Pharmaceuticals Co., Ltd..
Party
B
(signature and seal): Wu Lan Cha Bu Emergency Hospital Center