Rights and Obligations of Party A. 0. Xxxxx 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. 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. 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) During the term of each insurance policy issued to any borrower, Party A shall provide loan repayment performance guarantee insurance and other insurance-related services to such borrower in relation to its/his/her borrowing from the corresponding lender in the form of unsecured loan or car title loan. Party A shall review whether a borrower is eligible to be covered based on the materials provided by Party B, and shall after having determined that such borrower is eligible, enter the insurance application form of such borrower into its computer system and issue the insurance policy to such borrower. Party A shall have the right to refuse to provide insurance coverage to any borrower where Party B fails to comply with the established operating procedures and risk control criteria. In the event that any materials provided by Party B are untrue, including without limitation, the materials about any borrower are untrue or incomplete due to Party B’s failure to perform the loan risk control in accordance with the agreed risk control criteria, which has rendered Party A to have provided insurance coverage to such borrower, Party A shall have the right to claim economic loss from Party B arising therefrom.
(2) Should any borrower default on any loan, Party B shall pay on behalf of such borrower the principal amount of such loan and the expected returns thereon payable by such borrower in accordance with this Agreement. Where Party B fails to make such payment, and as a result Party A fails to pay the claimed compensation to an insured, Party A shall, after having fulfilled its obligation as an insurer, have the right to claim from Party B any and all of the losses incurred by Party A arising from such failure of Party B.
(3) During the term of each insurance policy issued to any borrower, Party A shall review on a monthly basis the debt repayment ability of such borrower under Party B’s corresponding covered creditor’s right. Party B shall cooperate with Party A in connection therewith, and work together with Party A to properly manage the post-lending matters and jointly take measures to mitigate or eliminate related risks.
(4) In the event that any borrower defaults on any loan, Party B shall conduct collection against such borrower and issue a certificate of failure of collection efforts where such loan fails to be collected despite the collection efforts made by Party B. With respect to any defaulted covered loan, Party A will determine based on the foll...
Rights and Obligations of Party A. 8.1 Party A shall have the following rights:
8.1.1 to demand Party B to repay the principal and interest of the loans, advances ,other credit debts and costs under this Agreement and the specific transaction documents in full on time;
8.1.2 to demand Party B to provide the materials in connection with its utilization of the Facility;
8.1.3 to obtain information about Party B’s production, operation and financial activities;
8.1.4 to supervise Party B’s utilization of the loans and/or other credit for the purpose as agreed in this Agreement and the specific transaction documents; to unilaterally suspend or restrict the corporate e-banking/corporate App/other online functions (including but not limited to closing the e-banking/corporate App/other online functions, presetting the list of the payment recipients/single payment limit/staged payment limit, etc.) and other electronic payment channels of Party B’s accounts directly after the occurrence of any event of default stipulated in the Agreement, restrict sale of settlement vouchers, or restrict counter payment and transfer of Party B's account, and restrict payment and universal withdrawal functions of non-counter channels such as telephone banking and mobile banking;
8.1.5 to entrust other branches of China Merchants Bank located at the beneficiary's location to re-open letters of credit to the beneficiary after accepting Party B's application to open letters of credit in accordance with its internal processes;
8.1.6 to make deductions from Party B’s own accounts directly or through Party A’s domestic branches for repayment for Party B’s debts due and payable under this Agreement and the specific transaction documents (when the currency of credit debts is not RMB and the debit proceeds are in different currencies , Party A has the right to purchase exchange directly or conduct foreign exchange trading from any of Party B’s own accounts to repay the credit principal, interest and expenses as per the exchange rate published by Party A at the time of deduction);
8.1.7 to assign its creditor’s claims against Party B, and notify Party B of such assignment by such means as it thinks appropriate, including but not limited to fax, mail, personal delivery, announcement on public media, etc., and urge Party B to pay the same;
8.1.8 to supervise Party B’s account, entrust other institutions of China Merchants Bank than Party A to supervise Party B’s account, and control payment of the loan funds within the loan purp...
Rights and Obligations of Party A. 1. Party A shall have the right to make clear, explicit and reasonable requirements for service items provided by Party B.
2. Party A shall have the right to inspect the completion of service items by Party B’s staff and give corresponding feedback to Party B.
3. If the service provided by Party B’s staff fails to meet the relevant requirements, Party A shall have the right to request Party B to replace its personnel after assessment and confirmation by both parties.
4. Party A shall have the right to supervise and guide the progress of the services and put forward suggestions for improvement.
5. The employees provided by Party B to Party A are legitimate employees carefully selected by Party B, and Party A shall not employ Party B’s employees without Party B’s consent. Party B shall not be liable for any failure or delay in completion of the services hereunder due to Party A’s employment of Party B’s staff.
6. Party A shall pay the service fee and other expenses agreed by both parties to Party B on time and in full amount.
7. Party A shall cooperate with Party B to strengthen the daily management of Party B’s door-to-door service staff.
8. Party A shall designate relevant person in charge to examine and confirm the work tasks completed by Party B and its staff as agreed by both parties.
9. Without the written consent of Party B, Party A shall not designate Party B ’s employees to engage in work beyond the services items. Otherwise, Party A shall be liable for indemnification in case of any accidental injury to Party B’s employees or any damage to any third party arising therefrom.
10. Party A shall provide Party B’s staff with office places and working equipment which are safe, compliant with laws and regulations in relation to national labor protection and other working conditions necessary for accomplishing work tasks.
11. In case of any change in Party A’s Outsourcing Service Project or business operation, Party B shall increase or decrease its service personnel in accordance with the following notification principles:
11.1 Party A shall inform Party B one week in advance of any increase or decrease of less than or equal to 10 persons;
11.2 Party A shall inform Party B two weeks in advance of any increase or decrease of more than 10 persons.
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.
Rights and Obligations of Party A. 6.1.1 Party A shall send to Party B the basic information (including but not limited to the business licenses, business scopes, relevant qualifications and certificates) of the Service Providers as per the requirement of Party B prior to the commencement of the cooperation hereunder. When adding a new Service Provider, Party A shall supply the basic information of such Service Provider as per the requirement of Party B for Party B’s review.
6.1.2 Party A shall be entitled to require Party B to supply the relevant records of consumption and settlement results of payments of the Users making payments with Nuquhua at its online store within the authorizations of Users, which will be used by Party A to assess the risks of the Users.
6.1.3 Party A shall be entitled to accept the entrustment by the Service Providers to and, as per their requirements, conduct the collection works against the specific overdue Users, and require Party B to render necessary assistance. Party A undertakes that it shall not make collection by such means as using violence, intimidation, insult, libel or harassment.
6.1.4 Party A shall be entitled to require Party B to fairly treat the Users consuming at its online store by using the payment method “Nuquhua”.
6.1.5 Party A shall be obligated to cause the Service Providers to timely pay the consideration for acquiring the accounts receivable to the merchants at Party B’s platforms or advance the consideration for the commodities or services to the merchants at the Nuquhua Platform.
6.1.6 Party A shall be entitled to unilaterally decide to suspend or terminate the services of Nuquhua hereunder for and on behalf of the Service Providers without any liability for breach; if Party A has evidence to prove that Party B conducts acts of batch false or fraudulent transactions via the accounts of the merchants at the Nuquhua Platform or other acts maliciously impairing the interests of Party A or the Service Providers.
6.1.7 Party A shall be entitled to adjust or cease the newly added business scale of “Nuquhua” hereunder (including but not limited to requiring Party B to enlarge or reduce the number of Users to be pushed or assist the Service Providers in changing the standards for the application qualifications of the newly added Users) and notify Party B within 15 business days prior to such adjustment.
6.1.8 Party A will agree with the Service Providers on the supply of technical services of credit loans and the receipt of fees from the Servi...
Rights and Obligations of Party A. 12.1 Party A should provide Party B with the necessary procedure and information in order to guarantee the normal operation of Party B.
12.2 During the agreement period, Party A could provide liquor industry sales trend reports and effective sales promotion way used in other sales market.
12.3 When Party A is sending inspector to conduct the work of Party B, Party B should cooperate with the job of the inspector.
12.4 The commitments any staff (including General Manager) from Party A makes to Party B should be in written form, and should the official documents with the authorization of the representative of Party A and the company seal, otherwise invalid.
Rights and Obligations of Party A. (1) Party A has the right to obtain transfer income in accordance with the law, and has the right to require Party B to pay the forest right transfer price in accordance with the contract. Supervise Party B to use and protect the forest land reasonably according to the contract.
(2) Party A has the right to recover the operation right or use right of the transferred forest land after the expiration of the circulation forest land period agreed in this contract.
(3) The ownership of the provided forest land and forest tree rights should be clear and legal, and there should be no ownership disputes or economic disputes. If ownership disputes or economic disputes are found in the original forest land and forest trees after transfer, Party A shall be responsible for handling and assuming corresponding responsibilities.
(4) Provide proof materials such as the national unified forest right certificate, legal collective resolution records of the original transferor, or original contracting and transferring operation contracts signed with collective economic organizations for the scope of the transferred forest land.
(5) Party A shall not interfere with or damage Party B’s production and operation activities. Assist Party B in forest fire prevention and forest area security management. Assist Party B in applying for forest land and forest tree ownership registration or change registration, and forest tree felling procedures, and the relevant expenses shall be borne by Party B.