Rights and Obligations of Party A Clause Samples
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Rights and Obligations of Party A. 2.1 Party A shall have the right to verify the telecommunication and information services operation permit, telecommunication value-added service license, business license and other licenses/permits as required for the businesses and services contemplated hereunder and the letter of credit, information sources, copyright certificate (authorization letter), bank account and other documents required for the normal operation of Party B.
2.2 Party A shall have the right to verify any business of Party B so long as involved hereunder. Party A is entitled to stop releasing the information as provided by Party B to the extent it does not comply with national laws, regulations and relevant policies, and/or goes against the public order and good customs of China, or contains any information that may be inappropriate in the judgment of Party A, and Party B shall indemnify Party A against or from any economic loss or bad effect on the goodwill of Party A arising from the provision of the above information. Party A will make an express reply or response to the business applications submitted by Party B within ten (10) days after the application documents are fully submitted.
2.3 Party A has the right to as appropriate require Party B to further provide relevant information in relation to this Agreement certifying the ownership or access right and IPR of Party B.
2.4 Party A has the right to formulate, and Party B shall comply with and implement, the management rules, appraisal terms as well as the customer service standards and documents regarding the game business, as the annexes to this Agreement, according to which Party A will conduct an appraisal on Party B, and, upon appraisal, any unsatisfactory performance of Party B will render Party A a discretion to terminate the cooperative business hereunder and up until the termination of this Agreement.
2.5 Party A shall have the right to limit the amount of the existing partners providing the same styled application services through its bottom-out and best-preferred system and reserve the right to dynamically adjust the amount of the various partners providing various game businesses, so as to promote the development of the game business, meanwhile maintaining market order and avoiding virulent and homogeneity competition.
2.6 Party A has the right to limit the transmission of overload flow of business that may pose threat to network security or otherwise adjust from time to time the information flow according to the s...
Rights and Obligations of Party A. 1. Party A shall specify the business functions (including but not limited to regular freight forwarder, warehouse management and related loading and unloading, sorting, transportation of cargo, administration support and other functions, subject to the parties’ written agreement) to be outsourced to Party B directly in this Agreement or Appendices hereto, and provide clear instructions and requirements regarding each outsourced function to Party B. Party B will discretionally assign personnel to dedicate to each of such business functions. The assigned personnel must arrive at the places of work designated by Party A by the date agreed by the parties in Appendices or within fifteen (15) days after the execution of this Agreement. In the case of late arrival, an overdue fine will be charged at RMB [***] per day.
2. Party A shall be responsible for workplace environment and production safety in connection with the works performed by Party B’s personnel in conformity with labor protection regulations executed by the government of the People’s Republic of China (“PRC”), and provide requisite tools and equipment. For green hands, upon Party B’s request, Party A may provide support for trainings performed by Party B to such employees regarding safety and operating rules, and deliver relevant training materials and requirements to Party B. Party B must ensure that all employees assigned by it have been duly trained and qualified for providing services to Party A.
3. Party A is entitled for designing service specifications and evaluation method based on the needs of the outsourced work. Party B shall perform the outsourced service in accordance with this Agreement and such service specifications. Party A will evaluate Party B’s performance on a monthly basis by applying the evaluation method (See Appendices for the service specifications and evaluation method).
4. Party A is entitled to require re-examination of medical fitness of the employees assigned by Party B on a selective basis. In case of any “unfit” result, Party A may require Party B to replace relevant employee in [***] days and pay the re-examination fee for the unfit employee. In such case, Party B must ensure full participation and timely completion of Party A’s assignments. Party A may require Party B to deliver copies of employment contracts and social insurance certificates and other relevant materials within [***] days after the date of this Agreement, and Party B and its employees shall coopera...
Rights and Obligations of Party A. 1. Party A’s rights
(1) Party A shall have the right to require Party B to provide the loan as is prescribed under this contract.
(2) Party A shall have the right to use the loan for the purpose agreed to under this contract.
(3) Party A shall have the right to apply to Party B for the extension of the term of the loan as long as the conditions required by Party B are met.
(4) Party A shall have the right to require Party B to keep confidential the financial materials and trade secrets about production and operations provided by Party A, unless otherwise prescribed under laws, regulation, rules and competent authorities or agreed between both parties.
(5) Party A shall have the right to refuse Party B’s and its staffers’ request for bribery. Party A shall have the right to report the foregoing act or Party B’s violation against national laws and regulations on credit interest rate, charge for service and etc., if any, to competent authorities.
2. Party A’s obligations
(1) Party A shall withdraw the loan, settle the capital and interest of the loan in whole and bear various expenses under this contract as is prescribed under this contract.
(2) Party A shall provide accounting materials and production and operation materials as is required by Party B, including but not limited to the balance sheet at the end of the last quarter and the sheet of losses and gains by the end of the last quarter (sheet of incomes and expenses for state-owned undertakings) provided to Party B within the first 15 working days of the first month of each quarter as well as the annual cash flow sheet provided in time at the end of the year. Party A shall also be responsible for the authenticity, integrity and effectiveness of the materials provided without providing any false materials or holding back any important operating and financial facts.
(3) In case of any change in any industrial and commercial registration matter including the name, legal representative (responsible person), domicile, scope of operation, registered capital, articles of association of the company (enterprise) or etc., Party A shall notify Party B in writing within 10 working days after the change with relevant materials for the change attached.
(4) Party A shall use the loan according to the purpose agreed to under this contract. Party A shall not seize or appropriate the loan or using the rural credit cooperative for illegal or incompliant transactions and shall cooperate in and accept examination and super...
Rights and Obligations of Party A. 7.1 Party A shall have:
7.1.1 Right to request Party B to repay the principal, interest and expenses of the loan, advance and other debt under the credit granting under this Agreement and the specific contract in full and on time;
7.1.2 Right to request Party B to provide information related to the use of the LOC;
7.1.3 Right to know the production and operation and financial activities of Party B;
7.1.4 Right to supervise Party B’s use of loans and/or other credits for the purposes specified in this Agreement and each specific contract; directly suspend or limit the corporate online banking function of Party B’s account when the business needs it (including but not limited to closing the online banking, presetting the list of payment targets/single payment limit/phased payment limit, etc.), restrict the sale of settlement documents, or restrict telephone banking, mobile banking and other non-counter payment and universal cash withdrawing functions of Party B’s account;
7.1.5 Right to entrust other agencies of China Merchants Bank located at the place where the beneficiary is located to issue subsidiary letter of credit to the beneficiary, according to the needs of its internal processes, after accepting Party B’s application for the opening of letter of credit;
7.1.6 Right to deduct directly from the account opened by Party B at any branch of China Merchants Bank to repay the debts owed by Party B under this Agreement and each specific contract (when the debt under the credit granting is not in RMB, it has the right to deduct directly from the RMB account of Party B and purchase foreign exchange at the exchange rate published by Party A to repay the principal, interest and expenses under the credit granting);
7.1.7 Right to transfer its creditor’s rights owed by Party B and notify Party B of the transfer and collect the debt in such manner as it deems appropriate, including but not limited to by fax, posts, personal delivery, and announcement in public media;
7.1.8 Right to supervise the account of Party B and entrust other agencies of China Merchants Bank other than Party A to supervise Party B’s account, and control the payment of loan funds according to the loan purpose and payment scope agreed by both parties; and
7.1.9 Other rights set out in this Agreement.
7.2 Party A shall bear the following obligations:
7.2.1 It shall grant loans or other credits to Party B within the LOC in accordance with the conditions stipulated in this Agreement and each spe...
Rights and Obligations of Party A. 1. Has the right to know the contents and terms of the Master Contract executed by Party B and the Debtor;
2. Has the obligation to accept the financial supervision conducted by Party B and truthfully provide relevant financial information as required by Party B; and to sign and receive the collection letter or other collection documents issued by Party B and send the receipt within 3 days of signing and receiving.
3. In case of contracting, leasing, shareholding reform, joint operation, consolidation, merger, division, joint venture, application for suspension of business for rectification, application for dissolution, application for bankruptcy or change of registered capital, Party A shall give a 30 days’ prior notice to Party B;
4. In case of production suspension, business suspension, cancellation of registration, revocation of business license, legal representative or principal person in charge engaging in illegal activities, involving in a lawsuits with more than 20% of the registered capital, serious difficulties in production and operation, and deterioration of financial situation, Party A shall give a 5 days’ prior notice to Party B;
5. In the event that any of the above situations compromise Party A’s guarantee ability, Party A shall ensure that all the guarantee liabilities hereunder will be properly fulfilled;
6. During the guarantee period, in the event that Party A provides any form of guarantee to any third party, it shall not damage Party B’s interests;
7. Party A shall be obliged to supervise the Borrower’s use of the loan; upon expiration of the principal debt performance period, Party A shall be obliged to urge the Debtor to pay off the debts.
8. Prior to the completion of the performance of the loan contract, Party A may not exercise the right to claim repayment or any right obtained under this Guarantee Contract, even if Party A has paid off part of the debts. However, if Party A’s intend is to maintain the limitation of action, this limitation shall not apply, and the enforcement fund of the action shall be used to repay the principal and interest of the loan first.
Rights and Obligations of Party A. 7.1 Party A has the right to require Party B to keep in confidence relevant financial information and trade secrets relating to production and operation of Party A unless otherwise provided by laws and regulations.
7.2 Party A shall provide relevant financial information and information relating to production and operation as required by Party B and shall be responsible for the authenticity, integrity and validity of such information.
7.3 Party A undertakes that all settlements and deposits relating to the Loan shall be conducted through its accounts opened with Party B or Party B’s relevant branch.
7.4 Party A shall assist in and accept Party B’s inspection and supervision of its production, operation, financial activities and utilization of the Loan.
7.5 Party A shall utilize the Loan for the purpose as provided for hereunder.
7.6 Party A shall punctually repay the principal and interest in accordance with this Contract.
7.7 Party A or its investors shall not transfer any funds or assets in order to evade the indebtedness owed to Party B.
7.8 Party A shall give Party B a prior written notice for Party B’s consent if Party A intends to provide security for any third party during the term of this Contract and such security may affect Party A’s ability to make repayment under this Contract.
7.9 Party A shall promptly arrange for new security(ies) satisfactory to Party B where the Guarantor in respect of this Contract ceases or suspends production; its corporate registration is canceled, or business license revoked; it is bankrupt or dissolved; it is operating at a loss; or any other negative change has occurred, and such aforementioned incidents result in loss or partial loss of the Guarantor’s ability to secure the Loan, or where the mortgaged or pledged property(ies) for securing the Loan depreciate(s) or is (are) damaged or destroyed.
7.10 Party A shall promptly inform Party B of any relevant changes during the term of this Contract, including without limitation its business name, legal representative (or chief officer), registered office, business purpose or registered capital.
Rights and Obligations of Party A. ▇. ▇▇▇▇▇ A has the right to require Party B to keep in confidence relevant financial information and trade secrets relating to production and operation of Party A unless otherwise provided by laws and regulations.
2. Party A shall provide relevant financial information and information relating to production and operation as required by Party B and shall be responsible for the authenticity, integrity and validity of such information.
3. Party A undertakes that all settlements and deposits relating to the Loan shall be conducted through its accounts opened with Party B or Party B’s relevant branch.
4. Party A shall assist in and accept Party B’s inspection and supervision of its production, operation, financial activities and utilization of the Loan.
5. Party A shall utilize the Loan for the purpose as provided for hereunder.
6. Party A shall punctually repay the principal and interest in accordance with this Contract.
7. Party A or its investors shall not transfer any funds or assets in order to evade the indebtedness owed to Party B.
8. Party A shall give Party B a prior written notice for Party B’s consent if Party A intends to provide security for any third party during the term of this Contract and such security may affect Party A’s ability to make repayment under this Contract.
9. Party A shall promptly arrange for new security(ies) satisfactory to Party B where the Guarantor in respect of this Contract ceases or suspends production; its corporate registration is canceled, or business license revoked; it is bankrupt or dissolved; it is operating at a loss; or any other negative change has occurred, and such aforementioned incidents result in loss or partial loss of the Guarantor’s ability to secure the Loan, or where the mortgaged or pledged property(ies) for securing the Loan depreciate(s) or is (are) damaged or destroyed.
10. Party A shall promptly inform Party B of any relevant changes during the term of this Contract, including without limitation its business name, legal representative (or chief officer), registered office, business purpose or registered capital.
11. Where Party A intends to carry out activity(ies) during the term of this Contract which may have an impact on the realization of Party B’s rights hereunder, Party A shall give Party B a [30] banking days prior written notice for its consent to such intended activity(ies) and shall further take sufficient measures to safeguard the repayment of the indebtedness under this Contract and ar...
Rights and Obligations of Party A. Party A shall ensure the completion of the property infrastructure and shall not sublet the property without the permission of Party B.
Rights and Obligations of Party A. 1. Party A shall hand over the leasing zone to Party B at the time when this Agreement becomes effective. In the event that Party A fails to hand over the leasing zone to Party B as scheduled, the date on which the tenancy commences will be postponed and Party A shall be liable to Party B for its breach of this Agreement in accordance with Article 9(1) hereof. Party B shall have the right to terminate this Agreement if the handover of the leasing zone is delayed for over 15 working days.
2. When settling the costs, Party A shall issue to Party B a valid invoice marked with an amount equivalent to the sum to be settled, and a demand note for property management fee issued by the property management company shall be provided by Party A. If Party A is unable to issue a valid invoice or any invoice issued is not in compliance with applicable national regulations, Party A shall re-issue the invoices again and assume liability associated with it accordingly.
3. During the term of this Agreement, Party A shall pay housing tax, land use right tax and related taxes in respect of the leasing zone in accordance with applicable national regulations.
4. Party A shall not interfere the normal business operation of Party B.
5. Party A or its entrusted party shall repair and maintain any facilities and equipment in the public areas at later stage.
6. Party A shall take out property insurances for the whole building.
7. Party A shall not, during the tenancy, recover the premises without any giving reasons. In the event of any recovery of the premises prior to the expiry hereof, Party A shall assume the liability for any breach of this Agreement under Article 9 hereof. Party A shall be liable to make compensation for any economic loss suffered by Party B due to the recovery by Party A of the premises prior to the expiry hereof.
8. The building shall be kept in good condition. Party A shall not be liable for any loss suffered by Party B in connection with the disruption of normal operation of any facilities in the building or normal supply of water, electricity, gas and air-conditioning caused by the fault of Party A, whether inadvertently or negligently. In addition, all provisions of this Agreement, and the obligations of Party B to pay rent and other costs hereunder shall not be affected thereby. Party A shall be liable for any loss suffered by Party B if the premises cannot be used normally by Party B due to the fault of Party A, whether inadvertently or negligently.
9. ...
Rights and Obligations of Party A. 8.1 Party A shall have the following rights:
8.1.1 To require Party B to make payment of the principal and interest of the Loan when they become due;
8.1.2 To require Party B to provide any information relating to the Loan;
8.1.3 To look into the operations and financial activities of Party B;
8.1.4 To supervise Party B on its usage of the Loan for the purpose prescribed herein;
8.1.5 To deduct the principal and interest of the Loan directly from Party B’s account;
8.1.6 To require Party B to prepay the Loan before due date or stop Party B from making further drawdown in accordance with the provisions hereof if Party B is in default of performance of its obligations hereunder;
8.1.7 To require Party B to pay in full the principal and interest of the Loan and all other relevant expenses hereunder immediately, to transfer all the debts hereunder to an assignee acceptable to Party A, or to provide/increase security acceptable to Party A if Party B is found to have been in any of the situations specified in Clause 7.2.6.
8.2 Party A shall undertake the following obligations:
8.2.1 To grant the Loan to Party B upon the terms stated in this Contract;
8.2.2 To keep Party B’s indebtedness, financial, production and operational conditions confidential unless otherwise required by law.