Common use of Party B’s responsibilities Clause in Contracts

Party B’s responsibilities. 1. Party B shall comply with state laws, regulations and policies and shall protect national interests and Party A’s interests. 2. Party B shall actively attend the education and training of political opinions and vocational ethics offered by Party A, execute the safety and health regulations and comply with the labor disciplines and vacational ethics. 3. Party B shall accept and finish the production tasks stipulated by Party A, meet the fixed target and continuously improve the professional skills. 4. Party B shall comply with each regulation legally instituted by Party A and obey Party A’s guidance and management. 5. Party B shall comply with personnel adjustment, able to work in any of Party A’s company as required by Party A’s production needs. 6. Party B shall perform the obligations stipulated by laws, regulations and the labor contract. 7. Party B may not rescind the labor contract with Party A under any of the following circumstance: (1). The training expenditure is paid by Party A but the service period provided in the labor contract is not over yet. (2). Party B has not finished important tasks of production, management or scientific researches. (3). Party B’s involvement in economic compensation, economic punishment and administrative sanction is unsettled. 8. To rescind the labor contract, Party B shall inform Party A in written form 30 days in advance.. 9. During the contract period or after the rescission of the contract, regardless of being fired because of disobeying the disciplines or rules or leaving the factory privately, Party B shall not do any harm to the company. In case of any offense, Party A is entitled to recover from Party B all the economic loss. 10. The director, supervisor and manager as well as those who are familiar with the company’s management, sales, product exploitation and quality control, etc. or familiar with the commercial secrets and processing technologies, cannot personally or jointly conduct or assist others to conduct the same or similar business or engage any activity harmful to the company’s interests regardless of the reason for their depart.

Party B’s responsibilities. 14.2.1 Party B undertakes that the materials provided by it, such as the business license for enterprise as legal person, certification on qualification for operation of content and application service, credit certificate, industrial and commercial business license, after-sales service system, examination and approval of commodity price as well as bank account, are valid and authentic and comply with the relevant provisions of the Ministry of Information Industry regarding permit for business operation. 4.2.2 The varieties of business operated by Party B shall be limited to those in the aspects of recreational information, media interaction, chat community, testing, life, news and industry information. 4.2.3 Party B shall be responsible on its own for the construction and maintenance of its own PHS short message contents and application service business system, including all the work and expenses involving cooperation businesses regarding hardware equipment, system debugging, commencement, system maintenance, day-to-day business management and market development. Party B shall comply with state laws, regulations also be responsible for optimization or upgrading and policies capacity expansion based upon the status of use of its system and shall protect national interests equipment and Party A’s interests. 2as required by its business. Party B shall actively attend ensure that the education system provided by it meets the various requirements on performance indexes with complete means of management, inquiry, statistics and training analysis as required by Party A for provision of political opinions the corresponding functions. Party B shall ensure that the services rendered by it conform to Party A’s relevant specifications and vocational ethics offered business requirements. 4.2.4 Party B agrees to switch in Party A’s PHS short message gateway by using Party A’s network and bear the corresponding expenses; Party A shall conduct confirmation and debugging in collaboration with Party B under the system’s actual circumstances. 4.2.5 Party B shall be responsible for the debugging, commencement and maintenance of its own system, ensuring that the foregoing work does not prevent Party A’s existing communication network from normally running and bearing the corresponding liabilities for leading to breakdown of Party A’s system. Party B shall be obliged to ensure that no overloaded flows jeopardizing network security are generated in the transmission of short messages to Party A’s communication platform. Party B who makes alterations resulting in influence on Party A’s business operation shall give a one-month prior written notice to Party A. Party B undertakes to subject itself in case of emergency to Party A’s adjustment of short message business to ensure the normal and stable rendering of short message services. 4.2.6 Party B shall be obliged to subject itself to and implement the relevant measures for management of PHS short message value-added business formulated by Party A, execute including provisions regarding user service standards and the safety and health regulations and comply with the labor disciplines and vacational ethicsvarious evaluation management. 3. 4.2.7 Party B shall accept be obliged to keep confidential the relevant technology, business management materials, user particulars, contents of this Agreement and finish the production tasks stipulated like as provided by Party A, meet the fixed target and continuously improve the professional skills. 4. Party B shall comply with each regulation legally instituted by Party A and obey Party A’s guidance and management. 5. Party B shall comply with personnel adjustment, able to work in any A. Without written consent of Party A’s company as required by Party A’s production needs. 6. Party B shall perform the obligations stipulated by laws, regulations and the labor contract. 7. Party B may not rescind the labor contract with Party A under any of the following circumstance: (1). The training expenditure is paid by Party A but the service period provided in the labor contract is not over yet. (2). Party B has not finished important tasks of production, management or scientific researches. (3). Party B’s involvement in economic compensation, economic punishment and administrative sanction is unsettled. 8. To rescind the labor contract, Party B shall inform Party A in written form 30 days in advance.. 9. During the contract period or after the rescission of the contract, regardless of being fired because of disobeying the disciplines or rules or leaving the factory privately, Party B shall not divulge them to a third party. Otherwise, Party B shall bear all the liabilities. 4.2.8 Party B warrants that the contents of information provided by it are in no violation of the relevant State policies, laws and regulations and that it is duly authorized to do so. Party B must have the special human quality and authorization for operation of the corresponding business (such as news, picture, ring download, sexologic knowledge and the like) or certification for license of the relevant contents and versions. In the event of Party B’s breach of contract, violation of the relevant provisions of the State, or adversely affecting the society or leading to any harm objections, claims and even litigations brought by a third party, Party B shall bear all the liabilities and be liable for compensation of any losses incurred by Party A. Party A shall have the right to terminate this Agreement, investigate Party B’s liabilities for breach of contract in accordance with this Agreement and Party A’s relevant management regulations, and deduct such part of sum in settling accounts. 4.2.9 Party B must conduct a real-time filtration of the information contents (including user-end software for massive transmission of short message, on-line self-writing short message and the like) provided by it, politics-sensitive vocabularies in particular, and prevent the event from taking place where a person disseminates illegal contents by making use of homophones and varied pronunciations of illegal vocabularies so as to ensure a safe and healthy source of information flowing into Party A’s network. As required by the healthy and stable development of PHS short message value-added business, Party B must ensure from time to time the upgrading and expansion of key word stock and ensure the timeliness, accuracy, authenticity, reliability and validity of information contents; in the meantime, Party B must take technical measures to have the number of a user’s on-line edition and transmission of short message each time limited to not more than 2 pieces, and have the ceiling of a user number’s on-line edition and transmission of short message per day set as not exceeding 200 pieces per day; in the event of Party B’s breach of contract, it shall bear all the liabilities. 4.2.10 Upon discovery of sensitive contents in violation of the relevant policies, laws and regulations of the State in users’ information, Party B must promptly take measures to stop the transmission of harmful information and keep a record of the relevant contents and users’ information with the backup of record being kept for more than six months and provided upon inquiry by the relevant competent authorities of the State in accordance with the law. 4.2.11 Party B must provide users with sophisticated approaches for customer service and establish for users special customer service centers for business inquiry, appeal and complaint acceptance, including 7*24-hour customer service phone numbers such as 4008 or 800 and E-mail address, responsible for handling the business consultancy, charge inquiry, appeal and complaint with which users provide it regarding application service or content. Party B must publicly inform the users of its customer service approaches in such way as business promotion. 4.2.12 Party B shall be responsible for undertaking various kinds of users’ consultancies and complaints generated from the matters of this Agreement other than from Party A’s network communication problems. As the final party for resolution, Party B shall be obliged to ultimately and properly handle users’ complaints. The losses incurred by a user in using Party B’s service which is not attributable to Party A shall be borne by Party B. Party B shall be obliged to respond to the companyproblems complained by users within two hours and completely resolve within 24 hours the complaints for which Party B shall be liable, as identified by both Parties. If it involves refunds to users, such part of expenses will be uniformly deducted when Party A settles information service fees with Party B. 4.2.13 Party B shall be obliged to provide Party A with the specific contact ways and name list of the relevant persons-in-charge in respect of its user service approaches. Party B shall be responsible for handling the user inquiry, appeal and complaint as forwarded by Party A’s customer service departments. In case respect of users’ complaints on which neither Party can make a reasonable explanation, as the final party for resolution, Party B shall be obliged to ultimately and properly handle users’ complaints and bear expenses arising therefrom. Party B shall implement Party A’s demand for reduction or exemption of charges for the corresponding users. 4.2.14 In the event of Party A’s receipt of users’ complaints regarding dissemination of information in violation of laws and regulations, Party B must preliminarily revert them to Party A’s customer service departments within two hours upon receipt of Party A’s notice, investigate and ascertain reasons within one working day and be responsible for forthwith stopping dissemination of information in violation of laws and regulations. 4.2.15 Party B must ensure that the pricing of short message value-added business provided by it complies with the provisions of the State’s commodity price policies and be responsible for handling the price complaints filed by the relevant competent authorities or users. 4.2.16 Party B’s pricing for information service charge shall comply with the relevant provisions of Party A’s management measures. Information service fee on a piece basis shall in principle not exceed ▇▇▇ ▇ per piece; Information service fee on a single item monthly payment basis for businesses of customization type shall in principle not exceed ▇▇▇ ▇▇ per month; The total sum of information service fees on a single item and piece basis for businesses of customization type shall not exceed ▇▇▇ ▇▇ per month with pricing for special high value businesses being separately submitted for the record with commodity price authorities; the users shall be exempt from paying charges in respects of transmission of business information messages (such as business help information, price, customization confirmation, customer service hotline, log-out of business and etc.), business recommendation, user password and downlink short message illustrated in customer service directives. 4.2.17 Party B shall be responsible for the market planning, media publicity and information release of businesses provided by it. Party B shall conduct business promotion and market publicity in its own name. Party B’s different kinds of promotions must tally with requirements of the State laws and regulations regarding advertisement publishing. In the event of harmful result due to Party B’s promotions, Party B shall bear the corresponding liabilities on its own. Party B shall give vigorous support to Party A’s arrangement for overall promotion and publicity. No sales promotion program may harm users’ rights and interests. Otherwise, Party B shall bear all the liabilities. 4.2.18 Party B must strictly abide by the relevant provisions of the Regulations of the People's Republic of China on Telecommunications, the Measures for Administration of Internet Information Services, the Interim Provisions for Administration of Internet Websites’ Engaging in News Publishing Businesses and the Circular Regarding Relevant Issues on Standardizing of Short Message Services as promulgated by the Ministry of Information Industry on April 30, 2004, and conduct a strict filtration of any offenseinformation transmitted through Party B’s PHS communication network and short message service support system, the specific provisions of which are contained in Annex 1: the Instrument of Responsibility on Safety Protection of Input Network Information from Information Source. Party B must conduct a strict restriction and filtration of the information containing the foregoing contents without having it transmitted. Otherwise, Party B must bear all the legal liabilities arising therefrom. 4.2.19 Party B shall ensure the accuracy and prompt upgrading of information. Without Party A’s consent, Party B shall not send to China Telecom’s PHS users the advertisement short messages in a massive way without authorization. In the event of violation thereof, Party B shall bear liabilities for breach of contract. Party A shall have the right to impose on Party B such specific measures as criticizing by circulating a criticism notice, suspending change of business scope, postponing accounts settlement, demanding Party B’s publicly apologizing to media and users, making no settlement of accounts, making rectification within a given period and up to the termination of this Agreement, and the right to demand Party B’s bearing all the liabilities. In the event of Party B’s demand for massive transmission of business, it shall file an official written application with Party A who is to decide whether to approve such application according to the circumstances involved and pursuant to provisions of the measures for administration of business massive transmission. 4.2.20 In the event that Party B is compulsorily expelled in the appraisal organized by Party A or requested by Party A for termination of this Agreement due to Party B’s other corresponding violation of regulations, Party B shall be obliged to provide a one-month pre-exit buffer period at Party A’s request. During such period Party B shall continue to render services to users, must cease the corresponding violation of regulations and make an announcement to users on ceasing of services in its website or through other channels. 4.2.21 During the validity term of this Agreement, Party B shall not commence short message value-added services within the range of 21 provinces (cities) affiliated to Party A in cooperation with other PHS network operators. In the event of Party B’s breach of contract, Party A is entitled shall have the right to recover from forthwith terminate this Agreement and demand Party B’s bearing of all the liabilities. 4.2.22 On the principle of users’ voluntariness, Party B must ensure that it obtains users’ prior consent before it renders to users any services (including services with charge and services free of charge) without rendering services to Party A’s users on its own by short message under the circumstance where such users are not informed thereof. In the meantime, Party B shall ensure that the users are fully informed of information on business (including price, business content and form, frequency of transmission, use method, main content, cancellation way, customer service measure and the like); Party B shall not designedly intercept information or send to users without authorization promotional and advertising information. In the event of Party B’s breach of contract, it shall bear all the economic lossliabilities. 104.2.23 Party B shall be obliged to set different subsistence period of short messages based upon the distinctness of business, characteristics of contents and business type with the subsistence period for broadcasting messages, such as large-scale system notice for free not exceeding 5 minutes; the subsistence period for business with high real-time requirements not exceeding 8 hours; the subsistence period for ordinary business not exceeding 16 hours; and the subsistence period for a small quantity of special business not exceeding 24 hours. For avoidance of congestion of Party A’s PHS short message service support system, Party B must, in transmitting short message by way of massive transmission (referring to Party B’s massive transmission of short message to users with business order relationship), do so in a “transmitting with suspensions at intervals” manner, namely, the number of short message massively transmitted consecutively each time shall not exceed 6 pieces and a transmission interval of more than 5 seconds shall be set between every 2 massive transmissions. In the event of Party B’s breach of contract, it shall bear all the liabilities for network running system breakdowns arising therefrom. 4.2.24 Party B undertakes not to engage in the business operations beyond the range as agreed upon by both Parties by taking advantage of resources provided by Party A under this Agreement. Party B’s increasing any new business or business modification must be subject to Party A’s consent and Party B shall promptly deliver to Party A a written application and the relevant business materials in accordance with the business modification flow. The directorcommencement of such business toward users may be made only with Party A’s consent and after passing business testing and charge calculation testing. In the event of modification or increase of business without permission, supervisor Party A will take the necessary penalty measures in respect of Party B’s violation of regulations with all the consequences resulting therefrom being borne by Party B alone. 4.2.25 Party B must provide users with unified methods for inquiry and manager as well as those who are familiar cancellation of services with the company’s management, sales, product exploitation and quality control, etc. or familiar with the commercial secrets and processing technologies, cannot personally or jointly conduct or assist others to conduct the same or similar business or engage any activity harmful to the company’s interests regardless specific provisions being as follows: (1) Instruction 0000 on itemized cancellation of the reason for their depart.service: Pa

Party B’s responsibilities. 1. Party B shall comply with state laws, regulations and policies and shall protect national interests and Party A’s interests. 2. Party B shall actively attend the education and training of political opinions and vocational ethics offered by Party A, execute the safety and health regulations and comply with the labor disciplines and vacational vocational ethics. 3. Party B shall accept and finish the production tasks stipulated by Party A, meet the fixed target and continuously improve the professional skills. 4. Party B shall comply with each regulation legally instituted by Party A and obey Party A’s guidance and management. 5. Party B shall comply with personnel adjustment, able to work in any of Party A’s company as required by Party A’s production needs. 6. Party B shall perform the obligations stipulated by laws, regulations and the labor contract. 7. Party B may not rescind the labor contract with Party A under any of the following circumstance: (1). The training expenditure is paid by Party A but the service period provided in the labor contract is not over yet. (2). Party B has not finished important tasks of production, management or scientific researches. (3). Party B’s involvement in economic compensation, economic punishment and administrative sanction is unsettled. 8. To rescind the labor contract, Party B shall inform Party A in written form 30 days in advance.. 9. During the contract period or after the rescission of the contract, regardless of being fired because of disobeying the disciplines or rules or leaving the factory privately, Party B shall not do any harm to the company. In case of any offense, Party A is entitled to recover from Party B all the economic loss. 10. The director, supervisor and manager as well as those who are familiar with the company’s management, sales, product exploitation and quality control, etc. or familiar with the commercial secrets and processing technologies, cannot personally or jointly conduct or assist others to conduct the same or similar business or engage any activity harmful to the company’s interests regardless of the reason for their depart.