Common use of Regular Services Clause in Contracts

Regular Services. 2.1 Party A agrees to provide the Regular Services to Party B with respect to the Agency Projects during the Regular Services Term pursuant to the terms and conditions of this Agreement. If any Agency Project is a housing sales agency project of any Affiliate of Party B, Party B may instruct Party A to provide the Regular Services to such Affiliate of Party B for such Agency Project. For any Agency Project to be launched into the market during the Term, the Parties shall, before Party A commences offering the Regular Services, clarify in writing the name and basic information (including the date on which such Agency Project is to be launched into the market) of such Agency Project in the form of a memorandum. 2.2 In consideration of the Regular Services provided by Party A in accordance with Article 2.1, Party B shall pay service fees (the “Regular Service Fees”) to Party A in accordance with the following requirements. (1) With respect to each Agency Project which has been launched into the market as of the execution date of this Agreement, for the period from April 1, 2009 to the Closing Date of Regular Services of such Agency Project, Party B shall pay the Regular Service Fees for such Agency Project to Party A in the amount of RMB seventy thousand Yuan (RMB70,000) for each calendar quarter during the first year since April 1, 2009; after expiry of such first year, the amount of the Regular Service Fees payable for each calendar quarter shall be determined pursuant to paragraph (4) of Article 2.2 of this Agreement. (2) With respect to each Agency Project to be launched into the market during the Term, for the period from the date on which such Agency Project is launched into the market to the Closing Date of Regular Services of such Agency Project, Party B shall pay the Regular Service Fees for such Agency Project to Party A in the amount of RMB seventy thousand Yuan (RMB70,000) for each calendar quarter during the first year since April 1, 2009; after expiry of such first year, the amount of the Regular Service Fees payable for each calendar quarter shall be determined pursuant to paragraph (4) of Article 2.2 of this Agreement. (3) Notwithstanding the above provisions in this Article 2.2, if the date on which a Agency Project is launched into the market is not the first day of a calendar quarter, or if the Closing Date of Regular Services of a Agency Project is not the last day of a calendar quarter, for the calendar quarter covering the date on which such Agency Project is launched into the market or the Closing Date of Regular Services of such Agency Project, Party B shall still pay the Regular Service Fees to Party A in the amount of the applicable Regular Service Fees for a complete calendar quarter. (4) Within one month prior to the expiration of each year starting from April 1, 2009, the Parties shall consult and enter into a memorandum on the amount of the Regular Service Fees for each calendar quarter of the next year. The principle for the Parties to consult on the amount of the Regular Service Fees for each calendar quarter of the next year is that the amount of the Regular Service Fees for each calendar quarter of the next year shall range from 80% to 120% of the amount of the Regular Service Fees for each calendar quarter of its preceding year. 2.3 The Regular Service Fees shall be paid as follows. Party B shall pay the Regular Service Fees of each calendar quarter to Party A by the last day of that calendar quarter, provided that Party B shall pay the Regular Service Fees for the calendar quarter covering the Closing Date of Regular Services by the Closing Date of Regular Services. 2.4 After reaching agreement through consultation by the Parties, the Parties may enter into any supplemental agreement from time to time to amend the details of the Regular Services listed in Appendix 2 and accordingly adjust the calculation method of the Regular Service Fees under Article 2.2 and/or the payment method of the Regular Service Fees under Article 2.3.

Appears in 2 contracts

Sources: Consulting and Services Agreement (E-House (China) Holdings LTD), Consulting and Services Agreement (China Real Estate Information Corp)