Obligations of Party B. 4.1 The Services provided by Party A under this Agreement shall be exclusive. During the effective term of this Agreement, without prior written consent of Party A, Party B may not enter into any agreement, orally or written, with any third party or otherwise engage such third party to provide services the same as or similar to those provided by Party A hereunder.
4.2 Party B shall provide Party A with the finalized Annual Business Plan of Party B of the next year before November 30 of each year, in order to facilitate Party A to plan for the Services, purchase necessary software and Equipment and secure necessary personnel and technical service force accordingly. In the event that Party B demands Party A to purchase any new Equipment and/or deploy additional personnel, it shall consult with Party A at least fifteen (15) days in advance in order to reach a mutual agreement between the Parties.
4.3 In order to facilitate provision of the Services by Party A, Party B shall provide Party A with relevant materials requested by Party A in an accurate and timely manner.
4.4 Party B shall pay Service Fees to Party A on time and in full amount in accordance with Article 3 of this Agreement.
4.5 Party B shall maintain its good standing and presence, actively develop its business and procure the maximization of the revenue.
4.6 The Parties hereby acknowledge that, pursuant to the terms and conditions of the Amended and Restated Equity Pledge Agreement entered into by all the registered shareholders of Party B as of the date of this Agreement (the “Existing Shareholders”) with Party A on November 3, 2017, each of the Existing Shareholders has pledged all of the equity interests in Party B held by it to Party A as security for Party B’s performance of its obligations under this Agreement.
4.7 During the term of this Agreement, Party B agrees to cooperate with Party A and Party A’s direct or indirect parent company in the audit of related party transactions and other audits, to provide relevant information and materials about Party B’s operation, business, customers, finance and employees to Party A, its parent company or its appointed auditor, and agrees that Party A’s parent company may disclose such information and materials for purpose of satisfying the regulatory requirements of the place where the securities of Party A’s parent company are listed.
Obligations of Party B. 3.1 Party B agrees not to conduct the following business which may materially affect its assets, rights, obligations and operation (except for the sales or purchase of assets, and contracts and agreements entered into during the ordinary course of business of Party B, and the lien imposed by the contracting parties pursuant to the above contracts), without the prior written consent of Party A, including but not limited to:
3.1.1 borrowing loans from any third party or bearing any debt liability;
3.1.2 selling to or obtaining any asset or rights from any third party; and
3.1.3 using its own assets to secure any real obligation of any third party.
3.2 Without the written consent of Party A, Party B shall not transfer its rights and obligations hereunder to any third party. Party B agrees, Party A may transfer its rights and obligations hereunder as it finds necessary, and Party A only needs to give a written notice to Party B after such transfer, without the necessity to obtain any consent from Party B.
Obligations of Party B. Party A agrees that all obligations, liabilities and expenses of Party B, including, without limitation, any arising out of representations or agreements contained herein, shall be paid from, and limited to, the assets of Party B and that the Eligible Lender Trustee shall not be required to spend or risk its own funds hereunder, nor shall the Trustee incur any liability in its individual capacity.
Obligations of Party B. 1. Party B shall perform all the requirements and obligations specified in Monternet SP Cooperation and Management Measures, SSM Section.
2. Party B shall, by making use of the media (including WEB Site, WAP Site, print media, TV etc) under its control, promote MMS. Party B shall, in the case of using the name and business trademark of Party A to promote Monternet MMS business, obtain the prior agreement of Party A. Without written consent of Party A, Party B shall not promote businesses not included herein in the name of “China Mobile” or “Monternet” by media.
3. Party B shall, according to the contents of project, provide necessary equipment, including MMS application server, application software, information source and special line for application data and ensure normal operation of such equipment as required by Party A.
4. Party B shall coordinate Party A for interface testing and ensure that the MMS provided by Party B is in line with the specification for MMS network platform and the technical specification on interface as provided by Party A.
5. With the firewall of Party A’s MMSC system and Party B’s interface as the boundary, Party B shall conduct maintenance to all equipment at its own side and ensure normal operation of such equipment.
6. Party B shall, in case of failures concerning application services cased by Party B, resolve such failure immediately and take practical measures to ensure that the same or similar failures do not recur in the future. In case of economic losses to Party A or Party A’s MMS customers incurred by Party B, Party B shall be liable for compensation therefor.
7. Party B shall be responsible for negotiations and commercial agreements with the direct providers for the contents of application services (e.g., the property right owner of image and music). Party B shall ensure all information and services as provided would not violate relevant policies and regulations of the State, and would not infringe the interests of consumers as well as the intellectual property right and relevant benefits of the third party. Party B shall assume the relevant responsibilities for litigations incurred.
8. Without the written consent of Party A, Party B shall not unilaterally provide the services not recognized by Party A.
9. With respect to the application services provided by Party B for Party A, in whatsoever transmission and carrying ways, Party B shall not provide such services for other communication operators; otherwise, Party A s...
Obligations of Party B. 7-1 Party B shall pay the deposit, rent and other due payment on time to Party A pursuant to this Contract.
Obligations of Party B. 1. Party B shall not transfer or sell crude salt field without Party A's consent; otherwise it shall be deemed as breach of contract. In such case, Party A shall have the right to terminate the Contract and hold Party B liable in accordance with relevant provisions.
2. Party B shall, in accordance with Article 3 hereof, pay Party A the entire transfer price and land lease fee of the salt field in full and on time.
3. Party B shall be responsible for urging Party A to handle the transfer of the salt pan in a timely manner, according to the provisions of this Agreement on the Approval procedures and industrial and commercial change registration procedures.
Obligations of Party B. 1. Party B shall accomplish tasks or targets on time, with high quality and agreed quantity and accept assessment performed by Party A;
2. Party B shall consciously maintain the image and benefits of Party A and shall not expose misconducts detrimental to the image and benefits of Party A.
3. Party B shall carry out business in the name of an employee of Party A and obey the management of Party A.
4. Party B may inform Party A in written form 30 days in advance of terminating this employment contract for his/her personal reasons. Otherwise, Party B shall bear the corresponding legal responsibility.
Obligations of Party B. As of the Trade Date, Party B shall deposit cash collateral with Party A in an amount equal to the product of (A) the Purchase Price (as defined in the Restructuring Proposal) multiplied by (B) Party B’s Consortium Percentage Interest (such product, the “Collateral Amount”).
Obligations of Party B. (1) Guarantee and/or prompt its subsidiaries, branches and all other controlled units to enter into specific execution documents with Party A and its subsidiaries, branches or its other controlled units in relation to this Agreement and/or any supplementary agreement of this Agreement (if any);
(2) Provide the services and monitor the services provided by its subsidiaries, branches and other controlled units at a good quality according to the provisions of this Agreement;
(3) Coordinate with all relating matters with regard to the abovementioned specific execution documents;
(4) Guarantee to pay for any damage suffered by Party A or counter party of specific execution documents that is caused by the breach of Party B of any provisions in this Agreement and all other specific execution documents;
(5) Agree to provide the auditor of Party A the accounting books of Party B and its connected persons in relation to the connections transactions under this Agreement.
Obligations of Party B. 1. Abides by the laws and stipulations of the State and Shandong Province, ensures the legal rights and interests of the Party A;
2. Abides by the legal regulations stipulated by Party A, Complies with the lead, instruction and arrangement;
3. Performed as required by his/her working responsibilities. Complies with the safety operation specification strictly. Fulfills his/her duties assigned by Party A according to the quantity and quality requirements.
4. Entrusts Party A of its own accord to deduct and pay the due social insurance charges in accordance with the regulations of the State;
5. Guards the business secrets of Party A during the contract period.
