Effectiveness and Miscellaneous. 13.1 The Parties may enter into a supplement through friendly negotiations regarding any issue not contemplated herein. Any amendment or supplemental to this Agreement shall be made in writing.
13.2 The intellectual property rights arising from the provision of consulting and training servicess by the technical staff seconded by Party A to Party B shall be owned by Party A.
13.3 Unless otherwise provided herein, the “day” referred to herein shall mean one calendar day, and the “business day” referred to herein shall mean the day on which the commercial banks in China open for doing business.
13.4 The terms of confidentiality, dispute resolution and liability for breach herein shall survive the rescission or termination of this Agreement.
13.5 Neither Party may assign any or all of its rights or obligations hereunder to any third party without the other Party’s prior written consent.
13.6 The invalidity of any term herein shall not impair the validity of any other irrelevant terms herein.
13.7 This Agreement is made in two (2) original copies, each Party holding one (1) copy. The two (2) copies have the same legal effect. (Remainder of this page intentionally left blank.) By: /s/ Authorized Representative (Affixed with common seal of the company) By: /s/ Authorized Representative (Affixed with common seal of the company) [Schedule]
1. The Parties agree that Party B shall pay service fee to Party A as consideration of the technical consulting and training provided by Party A as follows:
(1) Basic Annual Fee Party B shall pay Party A Renminbi [ ] Yuan (RMB[ ]) each year as the basic annual fee for the training servicess hereunder, which shall be paid in four installments evenly in four quarters. Party B shall transfer Renminbi [ ] Yuan (RMB[ ]) to the bank account designated by Party A within fifteen (15) business days commencing from the first day of each quarter.
Effectiveness and Miscellaneous. 12.1 This Agreement shall come into effect upon the date when it is executed and stamped by the legal persons or authorized representatives of the parties.
12.2 Upon the unanimous agreement of the parties hereto, this Agreement may be amended or supplemented and any of such amendment or supplement to this Agreement shall be effective only if they are in writing and executed and stamped by the legal representatives or authorized representatives of the parties.
12.3 This Agreement is severable. Should any provision hereof for any reason at any time be declared invalid or unenforceable by a competent court, the validity and enforceability of the remaining provisions herein shall remain intact. Under such circumstances, the parties hereto shall, on the principle of honesty and trust, consult each other to conclude a replacement provision, so as to materialize the purpose of the severed provision.
12.4 This Agreement is executed in Chinese in two (2) original counterparts, each of which shall be retained by each party hereto. Each counterpart is equally effective.
Effectiveness and Miscellaneous. 1. This Agreement shall become effective upon execution or seal by the parties hereto.
2. During the term of this Agreement, any grace, extension or delay given by the Entrustor to the Borrower and the surety in the exercise of its rights or interests under this Agreement shall neither prejudice, affect or limit any and all rights or interests of the Entrustor under applicable law and this Agreement, nor be deemed waiver by the Entrustor of any rights or interests under this Agreement, and nor affect any obligations of the Borrower under this Agreement.
3. If, at any time, any term of this Agreement becomes illegal, invalid or unenforceable in any respect, the legality, validity or enforceability of any other terms of this Agreement shall not be affected or prejudiced.
4. Headings are included for convenience only and shall not be used for the construction of any provision of this Agreement or any other purposes.
5. The exhibits hereto shall be an integral part of this Agreement and shall have the same legal effect as this Agreement.
6. This Agreement shall be executed in four counterparts, with each of the Entrustor, the Lender and the Borrower holding one and each counterpart shall have the same legal effect.
Effectiveness and Miscellaneous. 1. This Agreement shall become effective upon execution by or affixation with the seal of each party hereto.
2. During the term of this Agreement, any grace or extension granted by the Entrustor or the Lender to the Borrower or the surety or any delay of the Entrustor or the Lender in the exercise of its rights or interests under this Agreement shall neither prejudice, affect or limit any and all rights or interests of the Entrustor or the Lender under applicable law and this Agreement, nor be deemed a waiver by the Entrustor or the Lender of any rights or interests under this Agreement, nor affect any obligations of the Borrower under this Agreement.
3. In response to its business or management needs, the Lender shall have the right to authorize or delegate any other branch of the Bank to exercise its rights and perform its obligations hereunder, including the execution of any relevant contracts, or to transfer the management of a Loan hereunder to any other branch of the Bank, in each case, without consent from the Borrower/Entrustor. The Borrower/Entrustor hereby acknowledges the foregoing.
4. If, at any time, any term of this Agreement becomes illegal, invalid or unenforceable in any respect, the legality, validity or enforceability of any other terms of this Agreement shall not be affected or prejudiced.
5. Headings are inserted for convenience only and shall not be used for the construction of any provision of this Agreement or any other purposes.
6. The exhibits hereto shall be an integral part of this Agreement and shall have the same legal effect as this Agreement.
7. This Agreement shall be executed in four counterparts, with the Entrustor to hold one, the Lender to hold two and the Borrower to hold one, and each counterpart shall have the same legal effect.
Effectiveness and Miscellaneous. 18.1. This Agreement shall come into effect upon execution by the Parties as of the date first above written.
18.2. This Agreement is written in Chinese in five copies. Each Party shall hold one copy respectively and the remaining copies shall be used for pledge registrations.
Effectiveness and Miscellaneous. 17.1 This Contract shall become effective upon:
(1) being signed by all Parties; and
(2) the pledge of Collateral hereunder is recorded by the Pledgors in the register of shareholders of the Target Company.
17.2 This Contract is prepared in Chinese and made in triplicate, with each Party holding one copy. [The remainder of this page is intentionally left blank] [This page is intentionally left blank for signature]
Effectiveness and Miscellaneous. 12.1 This agreement shall become effective upon its execution and seal by both Parties.
12.2 This agreement in written in two originals and each Party shall keep one originals. Each original shall have the same legal validity and effect.
12.3 Either Party shall obtain a written content from the other Party to terminate this Agreement.
12.4 Any other matters shall be revolved by the Parties through consultation.
12.5 This Agreement shall be formally executed on the date written on the first page in Linzi County, Gansu Province.
Effectiveness and Miscellaneous. 4.1 This Order is made in duplicate with the Buyer and the Seller holding one (1) copy respectively and comes into effect after signature and seal by both parties.
4.2 The Buyer and the Seller shall send the original of order text to each other within three (3) working days after the contract is signed. The facsimile has the same effect as the original.
4.3 With regard to matters uncovered in this Order, both parties shall sign a supplemental agreement through negotiation separately. The supplemental agreement is a valid part of this Order and has the same legal effect as this Order.
Effectiveness and Miscellaneous. Article 55 This Contract and the attachments hereto will become effective on the day approved by the approving authority of the People’s Republic of China.
Article 56 If a notice sent by one party via telegraph, telex, etc to the other party involves the rights and/or obligations of either party, such a notice shall be followed by a written letter. The legal addresses of both parties as listed in this Contract are their mailing addresses.
Article 57 This Contract is executed by both parties in Linzhou, Henan Province on August 3, 2007.
Effectiveness and Miscellaneous. 15.1 This Contract shall come into effect upon signature and seal of the parties. If the Contract has more than one page, then each page should be sealed on the perforation.
15.2 This Contract shall be executed in four counterparts, with each of the parties hereto holding two. Both parties shall send the original copy to the other with 3 working days after execution.The copy delivered through telefax shall be as valid as the original.
15.3 Any matters not covered in this Contract shall be mutually negotiated by both parties and be set forth in the supplementary agreements, which have the same legal effect as this Contract.
