Effectiveness, Modification and Termination. 7.1 This Agreement shall become effective after it is signed/stamped by both parties. 7.2 Within the term of this Agreement, neither Party may unilaterally modify the terms hereof without permission; in case one party intends to modify the terms of this Agreement, both parties shall sign a supplementary agreement upon reaching consensus through consultation. 7.3 Except for the termination specified by laws and otherwise agreed herein, under any of the following circumstances, this Agreement shall be terminated immediately. In case the Agreement is terminated pursuant to this Article, the non-breaching party may require the breaching party to assume the liability for breach of this Agreement and indemnify the non-breaching party for the losses incurred, including all the economic losses of the non-breaching party resulting from the breaching party’s breach of the Agreement. 7.3.1 Relevant practicing qualification possessed by Party A or Party B is cancelled or revoked by governmental administrative departments. 7.3.2 The sales agency period agreed herein expires, and the Agreement will be renewed and remain effective if both parties have no objection. 7.3.3 Party A or Party B breaches their respective representations and warranties made in Article 8 hereof; either party hereto enters, or is applied by any the third party to enter the bankruptcy or liquidation proceedings. 7.3.4 If one party delays in fulfilling this Agreement and fails to take any actions five (5) days after the other party notifies the breaching party of such delay in writing, the other party may terminate the Agreement, and the breaching party shall assume the liabilities to compensate for all the economic losses. 7.3.5 One party fails to fulfill this Agreement for more than consecutive twenty (20) days due to any event of Force Majeure. 7.4 Prior to the termination of this Agreement, both parties shall negotiate the subsequent matters during the performance of this Agreement. 7.5 Any party may terminate this Agreement by giving a written notice to the other party one month in advance. 7.6 The termination of this Agreement shall not affect the right of one party towards the other party, and shall not release one party from any surviving obligation under this Agreement. 7.7 The contract between the Party A and Party B is cancelled following the cancellation of the contract between the Party A and games publisher.
Appears in 2 contracts
Sources: Nationwide Exclusive Agency Agreement, Nationwide Exclusive Agency Agreement (Taomee Holdings LTD)
Effectiveness, Modification and Termination. 7.1 8.1 This Agreement shall become effective after it is signed/stamped by both from the date of signature and seal of all parties.
7.2 Within the term 8.2 Any amendment of this Agreement, neither Party may unilaterally modify Agreement shall require the terms hereof without permission; in case one party intends to modify execution of a written agreement by the terms of this Agreement, both parties shall sign a supplementary agreement upon reaching consensus Parties through consultation.
7.3 Except for 8.3 This Agreement shall not be terminated unless agreed to by the termination specified by laws and otherwise agreed herein, under any of the following circumstances, Parties in writing. The Borrower shall not be entitled to terminate this Agreement unilaterally; however, the Lender shall be terminated immediately. In case the Agreement is terminated pursuant entitled to this Article, the non-breaching party may require the breaching party to assume the liability for breach of this Agreement and indemnify the non-breaching party for the losses incurred, including all the economic losses of the non-breaching party resulting from the breaching party’s breach of the Agreement.
7.3.1 Relevant practicing qualification possessed by Party A or Party B is cancelled or revoked by governmental administrative departments.
7.3.2 The sales agency period agreed herein expires, and the Agreement will be renewed and remain effective if both parties have no objection.
7.3.3 Party A or Party B breaches their respective representations and warranties made in Article 8 hereof; either party hereto enters, or is applied by any the third party to enter the bankruptcy or liquidation proceedings.
7.3.4 If one party delays in fulfilling this Agreement and fails to take any actions five (5) days after the other party notifies the breaching party of such delay in writing, the other party may terminate the Agreement, and the breaching party shall assume the liabilities to compensate for all the economic losses.
7.3.5 One party fails to fulfill this Agreement for more than consecutive twenty (20) days due to any event of Force Majeure.
7.4 Prior to the termination of this Agreement, both parties shall negotiate the subsequent matters during the performance of this Agreement.
7.5 Any party may terminate this Agreement by giving sending a written notice to the other party one month Borrower thirty (30) days in advance.
7.6 8.4 If the Lender notifies the Borrower in writing of the extension before the expiration of this Agreement, this Agreement may be extended according to the terms and conditions of this Agreement upon expiration. The termination extension shall be determined by the Lender, and the Borrower shall accept it unconditionally.
9.1 Each Party shall keep this Agreement the negotiation and execution process of this Agreement, the terms of this Agreement and any information, documents and data of the other Parties acquired in the course of performing this Agreement (“Confidential Information”) strictly confidential. Without the written consent of the other Parties, none of the Parties shall disclose any Confidential Information to any third party, except for the following circumstances:
(1) Information already becomes known to the public (excluding the materials disclosed by the receiving Party);
(2) Information required to be disclosed by laws, regulations and stock exchange rules, in which case the disclosing Party shall promptly notify the party lawfully in possession of such requirement in writing prior to the disclosure; and
(3) If any Party discloses any information relating to this Agreement to its employees, legal or financial advisors, such employees, legal or financial advisors shall also perform the confidentiality obligation set forth in this Article; if employees or legal or financial advisors disclose the Confidential Information of any Party, such Party shall be deemed to have disclosed the Confidential Information by such Party, who shall bear the liabilities therefor.
9.2 In case this Agreement is modified or terminated or is held invalid or unenforceable, the validity and enforceability of this Agreement shall not affect the right of one party towards the other party, and shall not release one party from be affected or impaired in any surviving obligation under this Agreementway.
7.7 The contract between the Party A and Party B is cancelled following the cancellation of the contract between the Party A and games publisher.
Appears in 2 contracts
Sources: Loan Agreement (Daojia LTD), Loan Agreement (58 Daojia LTD)
Effectiveness, Modification and Termination. 7.1 This 13.1 Unless otherwise provided hereunder, this Agreement shall become effective after it is signed/stamped upon signature by both partiesthe legal representative or authorized representative of each Party and affixation of company seal by each Party.
7.2 Within 13.2 Contents related to the capital increase by Hefei Investor shall be implemented after approval by the State-owned Assets Supervision and Administration Agency of Hefei City. Contents related to the capital increase by Anhui High-tech Co. shall be implemented after the relevant state-owned assets approval procedures have been completed.
13.3 If Hefei Investor and Anhui High-tech Co. request to make change to this Agreement in connection with effecting the procedures necessary to obtain state-owned assets approval, the Parties agree to enter into a supplement hereto. If there is any inconsistency, such supplement shall prevail.
13.4 This Agreement may be amended or modified by the Parties through mutual consultation. Any amendment or modification shall be made in writing and become effective upon execution by the Parties hereto.
13.5 If any term of this AgreementAgreement is found, neither Party may unilaterally modify held or deemed to be illegal, invalid or unenforceable by an arbitral body, judicial authority or administrative authority, the validity, legality and enforceability of the remaining terms hereof without permission; in case one party intends shall not be affected or impaired thereby. The Parties agree to modify the terms of amend this Agreement, both parties shall sign Agreement or execute a supplementary agreement upon reaching consensus appropriately as the case may be through consultation.
7.3 Except for consultation in good faith to restore the termination specified by laws and otherwise agreed herein, under any of the following circumstances, this Agreement shall be terminated immediately. In case the Agreement is terminated pursuant to this Article, the non-breaching party may require the breaching party to assume the liability for breach original intent of this Agreement and indemnify the non-breaching party for rights or obligations enjoyed or performed by the losses incurred, including all the economic losses of the non-breaching party resulting from the breaching party’s breach of the AgreementParties as originally set forth herein.
7.3.1 Relevant practicing qualification possessed by Party A 13.6 If relevant terms hereof are amended due to change of relevant laws, regulations or Party B is cancelled policies or revoked as required by governmental administrative departmentsAuthorities, the Parties shall use their respective best efforts to unanimously accept such amendment and enter into relevant agreements to restore and confirm the rights or obligations that shall be enjoyed or performed by the Parties hereunder in compliance with the requirements of relevant laws, regulations or policies.
7.3.2 13.7 This Agreement may be terminated by the following means:
13.7.1 The sales agency period agreed herein expires, and the Agreement will be renewed and remain effective if both parties have no objection.
7.3.3 Party A or Party B breaches their respective representations and warranties made in Article 8 hereof; either party hereto enters, or is applied by any the third party Parties agree to enter the bankruptcy or liquidation proceedings.
7.3.4 If one party delays in fulfilling terminate this Agreement in writing and fails to take any actions five (5) days after determine the other party notifies the breaching party of such delay in writing, the other party may terminate the Agreement, and the breaching party shall assume the liabilities to compensate for all the economic losses.termination effective date;
7.3.5 One party fails to fulfill this Agreement for more than consecutive twenty (20) days due to any event of Force Majeure.
7.4 13.7.2 Prior to the termination of this AgreementClosing Date, both parties the Investors shall negotiate have the subsequent matters during the performance of this Agreement.
7.5 Any party may right to terminate this Agreement by giving a written notice to the other party one month Parties in advance.the event of the occurrence of any of the following circumstances and shall specify the effective date of such termination in the notice:
7.6 (1) The termination statements, representations or warranties of this Agreement shall not affect the right of one party towards Target Company or the NIO Parties are untrue or have omission in material aspects;
(2) The Target Company or any NIO Party breaches any covenant, statement, representation, warranty, covenant or any other partyobligation hereunder, and shall not release one party fails to take effective remedies satisfactory to the Investors within twenty (20) business days after the Investor gives a written notice of such breach;
(3) If this Capital Increase in Cash and Equity Contribution fail to be completed within sixty (60) business days as from any surviving obligation under this Agreement.
7.7 The contract between the Party A and Party B Execution Date hereof or another date agreed by the Parties through consultation (which is cancelled following the cancellation later of the contract between AMR Re-registration Completion Date and the Party A and games publisherClosing Date), because any of the Investor’s closing conditions is proved to be unfulfilled or not waived by the Investors.
Appears in 1 contract
Sources: Investment Agreement (NIO Inc.)