Italian Motors (Sales and Service) LTD
Italian
Motors
(Sales
and Service) LTD
00
Xxxx
Xxxx Xxx Xxxx, Xxxxxxxx, Xxxxxxx, HKSAR
Ferrari SpA a
Xxx Xxxxxx 0000
Xxxxxx
Xxxxx
|
||
July 23, 2004 |
Dear
Sirs,
Import
Agreement between ourselves dated as of January 1, 1992 as amended (the
“Agreement”)
We
herewith confirm our understanding that, as from the Effective Date (as
hereinafter defined), the territory of the People’s Republic of China shall no
longer be a territory for which the provisions of the Agreement apply. Italian
Motors shall therefore, as from the Effective Date (as hereinafter defined),
no
longer be entitled to import and/or distribute Contract Products (as defined
in
the Agreement) in the territory of the People’s Republic of China based on the
Agreement or otherwise.
As
a
consequence thereof, as from the Effective Date (as hereinafter defined), the
definition of Territory in the Agreement shall mean exclusively the territories
of Hong Kong and Macau.
Notwithstanding
the aforesaid, Italian Motors shall be entitled to distribute in the territory
of the People’s Republic of China also after the Effective Date (as hereinafter
defined) the Contract Products already in its possession listed in the
Enclosure.
No
compensation, indemnity or other payment of any kind (including, but not limited
to, claims for compensation for loss of distribution rights, loss of goodwill
or
any similar loss) shall be due from a party to the other because of the removal
of the People’s Republic of China from the Territory of the Agreement.
For
the
purposes of this letter, the Effective Date shall mean August 1, 2004 or the
day
on which the equity joint venture of Ferrari Maserati Cars International Trading
(Shanghai) Co., Ltd has obtained the business license and certificates approval
necessary for operation in the People’s Republic of China, whichever the later.
All
other
provisions of the Agreement not expressly modified herein shall remain in full
force and effect and shall constitute the entire agreement between us with
respect to the matters described in the Agreement.
Best
regards.
Enclosure,
mentioned
ENCLOSURE
-
n2
36OSp
-
n.6
360
Madena
-
n.
1 Challenge
Stradale
-
n.3
575
Maranello
-
n.
1 612
Scaglietti
-
n.1
Enzo