Home / Preview ID: 3379137

Operation Agreement

Entities:
Date:
2009
Size:
12K
ID:
#3379137

Start of Preview
[Translated from the original Chinese version]
OPERATION AGREEMENT
between
FORTUNE SOFTWARE (BEIJING) CO., LTD.
and
BEIJING TONGXINSHENGSHI ENVIRONMENT ENGINEERING CO., LTD.
OCTOBER 15, 2008
BEIJING, CHINA

 


 

TABLE OF CONTENTS
         
ARTICLE 1. DEFINITIONS
    3  
 
       
ARTICLE 2. OPERATIONAL SUPPORT
    3  
 
       
ARTICLE 3. OBLIGATIONS OF PARTY B
    4  
 
       
ARTICLE 4. CONSIDERATION FOR PROVIDING OPERATIONAL SUPPORT
    4  
 
       
ARTICLE 5. REPRESENTATIONS AND WARRANTIES
    4  
 
       
ARTICLE 6. CONFIDENTIALITY
    4  
 
       
ARTICLE 7. GOVERNING LAW AND OBLIGATIONS UPON DEFAULT
    5  
 
       
ARTICLE 8. DISPUTE RESOLUTION
    5  
 
       
ARTICLE 9. EFFECTIVENESS
    5  
 
       
ARTICLE 10. NO SUBSEQUENT OBLIGATION
    5  
 
       
ARTICLE 11. AMENDMENT
    5  
 
       
ARTICLE 12. COUNTERPARTS
    6  
 
       
ARTICLE 13. MISCELLANEOUS
    6  
 
       
EXHIBIT 1 CONSIDERATION FOR OPERATION GUARANTEE
    7  

 


 

OPERATION AGREEMENT
This Operation Agreement (“this Agreement”) is entered into in Beijing, People’s Republic of China (the “PRC”) on October 15, 2008 between:
Party A: Fortune Software (Beijing) Co., Ltd
Registered address: Room 626, Beijing Hangtian Jingmi Mansion, No. 30 Haidian Nanlu Road,
Haidian District, Beijing
Legal representative: Zhiwei Zhao
Tel: 010-58325388
Party B: Beijing Tongxinshengshi Environment Engineering Co., Ltd.
Registered address: Room 619, Beijing Hangtian Jingmi Mansion, No. 30 Haidian Nanlu Road,
Haidian District, Beijing
Legal representative: Zhiwei Zhao
Tel: 010-58325388
WHEREAS,
(1) Party A is a wholly foreign owned enterprise duly organized and validly existing under the laws of PRC, and has expertise and resources in developing and manufacturing computer hardware and software, system software, and application software; Party A desires to provide to Party B operational services in connection with developing and manufacturing computer hardware and software, system software, and application software.
(2) Party B is a company with limited liability duly organized and validly existing under the laws of PRC; and to expand its business operation in the aspects of developing and producing computer hardware, software, system software, and application software, Party B engages Party A to provide the operational services in connection with such operation.
(3) Party A has entered into a technical support agreement and strategic consulting agreement with Party B (collectively the “Binding Agreements”), and hence the Parties have established certain business relationship.
NOW AND THEREFORE, in accordance with the principle of sincere cooperation, mutual benefit and joint development and after friendly negotiations, the Parties hereby enter into the following agreements pursuant to the provisions of relevant laws and regulations of the PRC
ARTICLE 1. DEFINITIONS
The terms used in this Agreement shall have the meanings set forth below:
1.1 “This Agreement” means this Operation Agreement and all appendices thereto, including written instruments as originally executed and as may from time to time be amended or supplemented by the Parties hereto through written agreements.
1.2 “The PRC” means, for the purpose of this Agreement, the People’s Republic of China, excluding Hong Kong, Taiwan and Macao.
1.3 “Date” means the year, month and day. In this Agreement, “within” or “no later than”, when used before a year, month or day, shall always include the relevant year, month or day.
ARTICLE 2. OPERATIONAL SUPPORT

 


 

2.1 Party A agrees, according to the operational needs of Party B, to act as the guarantor of Party B in the contracts, agreements, or transactions entered into between Party B and third parties, in


End of Preview