Party A’s Rights and Obligations. 4.1 甲方应不晚于扣款日向/在其结算账户转账/存入等于（或不少于）存款资金的款项，并在起息日前的所有时间均确保并维持结算账户中有该等数额的款项。若因非乙方过错的任何原因，包括但不限于由于甲方的债权债务纠纷或任何原因导致结算账户被司法机关采取查封、冻结或支取等强制措施，甲方未能在起息日前的所有时间确保并维持结算账户中的存款资金数额的，本协议应立即解除并失效，但不影响甲方应承担的违约责任并向乙方赔偿全部损失的义务。 No later than the Trade Date, Party A shall transfer/deposit money equal to (or not less than) the full Deposit Amount to/in the Settlement Account and shall ensure that such amount of fund in the Settlement Account shall be held and maintained at all time until the Effective Date. Failure by Party A to do the same due to whatever reason other than Party B’s fault, including without limitation, the Deposit Amount being frozen, seized or taken, in whole or in part, with enforcement measures by judicial authority arising from its credits, debts dispute and/or whatsoever reason, shall cause this Agreement to be immediately and automatically ceased and this Agreement will be no longer to be in force and effect, and in such case, it shall be deemed that Party A breaches the terms of this Agreement and therefore shall be liable for all losses and damages suffered by Party B arising therefrom.
4.2 甲方授权乙方在扣款日对甲方结算账户扣划与存款资金相等数额的款项并转存至结构性存款标的下，该等操作无须经甲方另行同意或通知甲方。 On the Effective Date, Party A hereby authorizes Party B to deduct fund in the Settlement Account equal to the full Deposit Amount and transfer the same to be deposited under the Structured Deposit program without further consent from and notice to Party A.
4.3 甲方授权乙方在结算日或根据本协议第6.2 款的提前终止日（如适用）将结构性存款标的下的符合本协议第5.2 款数额的资金转入甲方的结算账户，该等操作无须经甲方另行同意或通知甲方。 On the Settlement Date or (as the case may be) the Early Termination Date (as specified in Clause 6.2), Party A hereby authorizes Party B to transfer fund so deposited under the Structured Deposit program to the Settlement Account without further consent from and notice to Party A. Provided that the fund to be transferred by Party B thereof shall be equal to the amount as specified in Clause 5.2.
4.4 在甲方签署本协议后的 24 小时（“冷静期”）内，甲方有权以乙方指定的方式通知乙方撤销结构性存款业务。若甲方在冷静期内行使撤销权的，本协议视为未生效，相关结构性存款业务不进行。冷静期结束后，甲方的撤销权立即自动完全失效。 Within 24 hours from the execution of this Agreement by Party A (“Cooling-off carried out. Party A accepts and agrees that immediately after the Cooling-off Period, Party A’s right to withdraw/cancel the purchase of Structured Deposit shall be completely ceased.
4.5 除另有约定外，相关税费（若有）由甲方自行负担。 Unless otherwise specified, Party A shall bear all relevant taxes applicable to it (if any).
4.6 甲方对本协议及销售文件负有保密义务，未经乙方书面许可，甲方不得向任何组织、个人提供或泄露与乙方或本协议有关的任何业务资料及信息，法律及/或...
Party A’s Rights and Obligations. 6.1 During the valid period of this Contract, Party A shall perform suretyship liability hereunder unconditionally within five working days after receiving Party B’s notice under any one of the following circumstances:
6.1.1 the performance period of a debt under the principal creditor’s rights expires and Party B is not paid;
6.1.2 a debt under the Main Contract is due in advanced in accordance with laws or the Main Contract, and Party B is not paid;
6.1.3 Party A or the Debtor of the Main Contract is filed reorganization or bankruptcy, suspends its business for rectification, is announced closed or is announced dissolved (cancelled);
6.1.4 Party A has any other event which has endangered or damaged or may endanger or damage Party B’s rights and interests; or
6.1.5 Other circumstances that Party A shall perform suretyship liability as prescribed by laws and regulations or stipulated by the Main Contract or this Contract.
6.2 Party A shall continue to perform suretyship liability under this Contract without obtaining Party A’s consent under any one of the following circumstances:
6.2.1 Party B and the Debtor of the Main Contract reach an agreement on change of the Main Contract and such change does not increase the Debtor’s debts;
6.2.2 Under international and domestic trade financing, Party B and the Debtor of the Main Contract changes the L/C or letter of guarantee in connection with the Main Contract, and such change does not increases the Debtor’s obligation of payment under the L/C or letter of guarantee; or
6.2.3 Party B transfers the principal creditor’s rights.
6.3 During the valid period of this Contract, Party A shall, according to Party B’s requirements, provide balance sheet, statement of incomes, statement of cash flows and other financial statements, and accept Party B’s inspection and supervision on Party A’s production and operation activities and financial status.
6.4 Party A shall notify Party B in written form and implement all suretyship liabilities under this Contract thirty days prior to the following changes during the valid period of this Contract, including but not limited to contracting, lease, custody, reorganization of assets, reconstruction of debts, transformation of equity system, joint operation, business combination (or merger), division, paid transfer of property, joint investment (or cooperation), reduce of registered capital, or filing for winding-up, filing for dissolution (or cancellation), filing for reorganization, m...
Party A’s Rights and Obligations. 1. Party A guarantees that the products provided meet the quality and hygiene standards stipulated by the state;
2. Party A provides a full set of legal business procedures for Party A’s series of wines sold by Party B;
3. Party A provides high-quality services to Party B in terms of arranging product delivery and after-sales service;
4. Party A is obliged to provide correct and scientific guidance for Party B’s business operations and inventory management. With the development of cooperation between the two parties and the development requirements of the market at different stages, Party A will establish and improve the sales system, settlement system and logistics system. Provide guidance and support to Party B in other aspects;
5. Party A is obliged to maintain Party B’s sales channels and price stability;
6. In order to ensure the market resources of Party B, Party A shall not sell or authorize others to sell products within the authorized area of Party B (except for the products of Party A that are not authorized to be sold by Party B);
7. Party A is obliged to assist Party B to formulate a sales promotion plan and assist Party B to carry out market promotion work.
Party A’s Rights and Obligations. 2.1.1 Party A shall be responsible for customer expansion and cause Party B’s mobile phone game products to be pre-installed in the ROM of customers’ mobile phone terminals.
2.1.2 When the End Users have any question or complaint for Party B’s mobile phone game products, and Party A cannot independently deal with any of them, Party A shall have the right to demand Party B to provide assistance. Party B shall respond promptly within a reasonable time.
2.1.3 Party A has the right to use the trademarks, names or other relevant words, graphics and marks of Party B’s mobile phone game products during product making and publicity.
2.1.4 When Party A finds that any third party infringes on the copyright of Party B’s mobile phone game products, Party A shall be obligated to stop such infringement and provide Party B with the evidence proving the infringement of Party B’s copyright by a third party.
2.1.5 Party A shall be under an obligation to state in the documents, notices, product packages or publicity materials relating to Party B’s mobile phone game products that the developer and copyright owner of mobile phone games are Party B.
2.1.6 Party A warrants that Party B’s mobile phone game products will be only used for the pre-installation in the ROM of the mobile phone terminals of Party A’s Customers and shall not be separately priced or used for any other purpose.
2.1.7 Party A warrants that without Party B’s prior written consent, it will not modify the contents or form of Party B’s mobile phone game products.
2.1.8 Unless with Party B’s prior written consent, Party A shall not provide Party B’s mobile phone game products at any time, in any form and at any place solely to the entities other than Party A’s Customers for operation.
2.1.9 Unless with Party B’s prior written consent, Party A shall not cause the companies or entities other than Party B to pre-install mobile phone game products in the ROM of the mobile phone terminals of Party A’s Customers.
2.1.10 Party A shall have the responsibility to warrant the security of the mobile phone game products pre-installed in the ROM of the mobile phone terminals of Party A’s Customers and prevent programs from being stolen. If programs are stolen for any cause attributable to Party A or for inappropriate security measures, all the losses and legal liabilities arising therefrom shall be borne by Party A.
Party A’s Rights and Obligations. 7-1 The Property Management Company designated by Party A reserves the right to establish, introduce, revise, adopt or cancel, from time to time, any rules and regulations that it deems necessary for the management and maintenance of the Property. Such rules and regulations shall come into effect upon being notified to Party B in writing. Such rules and regulations shall be in addition to this Contract, without impairing the effect hereof. This Contract shall prevail if such rules and regulations conflict herewith.
7-2 Party A reserves the right to name the Property and to change the name of the Property without any compensation to Party B or any other person.
7-3 Changes to the name of Party A or to the owner of the Property Management Company shall not affect the validity hereof.
7-4 If intended to transfer the whole or part of the ownership of the Rooms within the term hereof, Party A shall provide Party B with a one-month prior notice and ensure Party B’s normal use of the Rooms will not be affected, otherwise Party B shall be entitled to claim from Party A 30% of the total paid rent as liquidated damages and compensation for its losses arising therefrom, if any.
7-5 If the owner of the Property mortgages the Property within the term hereof, Party B shall cooperate with Party A and the owner in handling the relevant formalities as required by the mortgagee and waive the right of first refusal and other available rights in and to the Property, and Party A shall ensure Party B’s normal use of the Rooms will not be affected, otherwise Party B shall be entitled to claim from Party A 30% of the total paid rent as liquidated damages and compensation for its losses arising therefrom, if any.
7-6 Party B shall bear the property management fee, public energy fee and parking, water, electricity, TV, telephone, network and other third-party charges incurred during the term hereof (the property management fee is charged at RMB9.8 per month per square meter; the public energy fee is charged at RMB3 per month per square meter; the water and electricity charging standards are subject to the specifications of the Property Management Company). Settlement of the charges will be clearly specified in the Property Management Contract to be entered into by the Property Management Company designated by Party A and Party B which will apply the same charging standards as those specified by the Property Management Company. If Party B delays the payment or fails to pay the charg...
Party A’s Rights and Obligations. 1. Party A shall ensure the legality of the promotion materials provided and comply with relevant media regulations. If Party B is fined by the media platforms due to failure to comply with media regulations, Party A shall bear all losses of Party B.
2. Party A shall ensure the authenticity of the content of the promotion link it provides, not violate relevant laws, regulations, policies and public moral principles, not damage the legitimate rights and interests of any third party and ensure that its products or business content will not mislead. If there is any violation of publicity or false publicity, Party A shall bear the corresponding legal responsibility.
3. Party A shall provide Party B with all required promotion materials (including but not limited to promotion materials and the pages linked to the materials) by e-mail at least 2 working days before the start of the promotion.
4. Party A has the permanent exclusive and indefinite right to use the customer information obtained by Party B in accordance with this agreement, that is, Party B shall not provide the customer information obtained through this agreement to a third party or allow a third party to use it in any way, unless obtain the prior written consent of Party A.
5. Party A owns the relevant intellectual property rights of the items agreed in this contract, including but not limited to promotion ideas, copywriting, etc.
6. Party A has the right to suspend the promotion or change the promotion content at any time. After the suspension, the performance of the rights and obligations of both parties before the suspension will not be affected.
7. Party A has the right to unilaterally terminate this agreement on the premise of notifying Party B 3 working days in advance, and the termination of the agreement will not affect the execution of rights and obligations before the termination.
8. If this agreement is terminated or dissolved, Party A has the right to require Party B to communicate and negotiate to return the fees that Party A has paid but not consumed after the date of termination or dissolution of the agreement.
Party A’s Rights and Obligations. 1. Party A guarantees that the products provided meet the quality and hygiene standards stipulated by the state;
2. Party A provides a full set of legal business procedures for Party A’s series of wines sold by Party B;
3. Party A provides high-quality services to Party B in terms of arranging product delivery and after-sales service;
4. Party A is obliged to provide correct and scientific guidance to Party B’s business operation and inventory management. With the development of cooperation between the two parties and the development requirements of the market at different stages, Party A will establish and improve the sales system, settlement system, logistics. Provide technical guidance to Party B in system and other aspects;
5. Party A is obliged to maintain Party B’s sales channels and price stability;
6. In order to ensure the market resources of Party B, Party A shall not sell or sub-authorize others to sell products within the authorized area of Party B (except for the products of Party A that are not authorized to be sold by Party B), but Party A shall use the e-commerce platform and except for its associated offline channels selling its own products;
7. Party A is obliged to assist Party B to formulate a sales promotion plan and assist Party B to carry out market promotion;
8. If Party B needs to exchange products due to market reasons, it needs to apply one month in advance. The exchange of products will not affect the secondary sales, and the total amount of each exchange should not exceed RMB 10,000 dollars, and the freight shall be borne by Party B.
Party A’s Rights and Obligations. 8.1 Party A’s Rights Party A has the rights to:
(1) request Party B to release each advance of the Loan as provided hereunder;
(2) utilize the Loan for the purposes provided for hereunder;
(3) apply to Party B for extension of the Term hereunder provided that it has satisfied all the conditions as Party B requests;
(4) require Party B to keep confidential the relevant financial information and manufacturing and operating trade secrets furnished by Party A except provided otherwise by law, regulations and rules, or required otherwise by the competent authorities, or agreed otherwise between the both parties hereto;
(5) reject Party B or its employees asking for bribe; it shall have the right to lodge complaint with the competent authority about such misconduct and any other act of Party B that may violate the laws and regulations relating to the lending interest rate and service charges.
Party A’s Rights and Obligations. (1) Party A shall permit Party B to use Party A’s SMS gateway to provide value-added SMS services to subscribers. Party A has the right to adjust SMS service volume according to the capacity of its SMS center and, if such adjustment may affect Party B’s business, Party A shall inform Party B of such adjustment in timely manner.
(2) Party A shall provide complete GSM communications system and ensure its stability and smoothness. Party B shall inform Party A of any breakdown found with the system and Party A shall resolve such problem promptly to prevent disruption of Party B’s operation.
(3) Party A shall make accessible to Party B relevant technology agreement standards and interface standards relating to SMS gateway platform and technical files required for communications between the parties so as to solve relevant problems encountered by Party B on communications.
(4) Party A shall contribute the hardware and software system required for SMS platform and bear operation expenses relating thereto.
(5) Party A shall reform its billing system, including a fee collection system with banks and relevant hardware and software.
(6) Party A shall xxxx and collect fees on behalf of Party B. Party A shall have the right to examine the businesses of Party B to ensure accuracy of billing information. Party A shall provide to subscribers clear invoice for any billing and billing statement if required by subscribers.
(7) Party A shall, if conditions permit, provide to Party B information relating to invalid subscribers of Monternet (the subscribers whose number has been cancelled, or whose mobile phone service has been suspended, or who has defaulted in fee payment) to enable Party B to undertake corresponding treatment for such subscribers.
(8) Both parties shall jointly undertake marketing and promotion work.
Party A’s Rights and Obligations. 1. Party A has the right to receive the crewmen assignment fee in accordance with the provisions of the “Ship Leasing Contract” executed by the two parties.
2. Party A must assign crewmen for the ship pursuant to the provisions herein; educate the crewmen on the compliance with the State laws, statutes and regulations; educate the assigned crewmen on the compliance with Party B’s rules and policies, on maintaining confidentiality of commercial secrets and on safeguarding Party B’s legitimate rights and interests.
3. Party A must ensure that the assigned crewmen have the qualifications and skills required of their respective posts and possess valid and complete employment qualification documents, including but not limited to crewmen service books, maritime crewmen professional training certificates and maritime crewmen service competency certificates.
4. Party B must notify Party A in writing, three business days in advance, of the boarding time and boarding location for the crewmen assigned by Party A. Party A must ensure that all the assigned crewmen will report for duty at the time and location specified by Party B. If there is any factor on Party B’s part that causes a waiting period of more than half a month before the assigned crewmen can be aboard, Party B must still pay the same amount of crewmen assignment fee to Party A pursuant to the provisions herein.
5. After the assigned crewmen have passed assessment and been placed on duty by Party B, Party A shall not replace them at will. Party A must ensure that Party B has the absolute leadership authority over the assigned crewmen. During the term of the agreement, the assigned crewmen must follow the operation arrangement from Party B’s safety and shipping service scheduling department.
6. Party A will pay salaries and bonuses to the assigned crewmen and withhold and pay on their behalf personal income taxes and make payment for them of all the State mandated insurances, including but not limited to pensions insurance, unemployment insurance, medical insurance, family planning insurance, injury insurance, housing fund and commercial insurance. Party A shall not make such payments late.
7. If Party B requests Party A to replace certain assigned crewmen pursuant to the provisions herein, Party A must replace them promptly so as not to affect Party B’s normal operation.
8. In the event of the occurrence of any accident causing injury to the assigned crewmen, Party A must, after receiving notification fro...
