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Fixed Mortgages Mortgagecompaniesloans G Loan Szh 1 Mortgage Companies Loans Loan and Share Pledge Agreement股票质押贷款合同 - 中律网
Fixed Mortgages Mortgagecompaniesloans G Loan Szh 1 Mortgage Companies Loans
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8. MISCELLANEOUS
8.1 Notices and Delivery. All notices and communications among the Parties shall be made in writing and in the English language by facsimile transmission with confirmation of transmission, delivery in person (including courier service) or registered airmail letter to the appropriate correspondence addresses set forth below:
Party A
AAA, Inc.
_________(address)
Tel : _________
Fax : _________
Party B
BBB(individual)
Tel : _________
8.2 Timing. The time of receipt of the notice or communication shall be deemed to be:
8.2.1 If by facsimile transmission with confirmation of transmission, at the time displayed in the corresponding transmission record, unless such facsimile is sent after 5:00 p.m. or on a non-business day in the place where it is received, in which case the date of receipt shall be deemed to be the following business day;
8.2.2 if in person (including express mail), on the date that the receiving Party or a person at the receiving Party's address signs for the document; or
8.2.3 if by registered mail, on the 10th day after the date that is printed on the receipt of the registered mail.
8.3 Foreign Exchange. All amounts payable by Party B hereunder shall be paid in USD. If, as a result of foreign exchange restrictions in the _________(PLACENAME), it becomes illegal for Party B to make any payment to Party A in USD, then she shall make that payment in any other currency permitted for such purposes, as shall be stipulated by Party A at its sole discretion. In such an event, the amount of the payment shall be calculated at the rate published by the Bank of China on the relevant payment date, and shall be free and clear of all expenses, withholding taxes and commissions.
8.4 Amendments. The provisions of their Agreement may not be waived, modified or amended except by an instrument in writing signed by the Parties (which instrument shall be attached as an Appendix hereto).
8.5 No Waiver. Failure or delay on the part of any Party to exercise any right under their Agreement shall not operate as a waiver thereof.
8.6 Severability. The invalidity of any provision of their Agreement shall not affect the validity of any other provision of their Agreement which is unrelated to that provision.
8.7 Survival. The confidentiality obligations of the Parties hereunder shall remain in full force and effect regardless of the termination of their Agreement for any reason.
8.8 Taxes and Duties. Party A shall be responsible for all stamp duties and other governmental fees, taxes and reasonable out-of-pocket expenses (including reasonable legal fees) incurred by the Parties in connection with the conversion of the Loan and each Share Transfer made hereunder and in the preparation of their Agreement.
8.9 Successors. Their Agreement shall be binding upon the Parties and upon their respective successors and assigns (if any).
8.10 Assignment. Party B cannot assign or otherwise transfer her rights or obligations under their Agreement without the prior written consent of Party A.
8.11 Governing Law. The execution, validity, interpretation and implementation of their Agreement and the settlement of disputes thereunder shall be governed by _________(PLACENAME) Law.
8.12 Arbitration. All disputes arising out of or in connection with their Agreement shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce as administered by the International Court of Arbitration of the International Chamber of Commerce in Hong Kong by a sole arbitrator appointed in accordance with the said Rules conducted in the English language.
8.13 Entire Agreement. Their Agreement and the Appendix hereto constitute the entire agreement between the Parties and supersede all prior discussions, negotiations and agreements. The Appendix form an integral part hereof and have the same legal effect as their Agreement. If there is any inconsistency between the provisions of their Agreement and any of the Appendixes, the provisions of their Agreement shall prevail to the extent of such inconsistency.
8.14 Language. Their Agreement will be signed in 2 sets of originals in English language, with 1 original for each Party
IN WITNESS WHEREOF, the Parties hereto have executed or caused their Agreement to be executed by their duly authorized representatives (as the case may be) as of the date first indicated above.
For and on behalf of AAA, Inc.
By :_________ BBB(individual)
Name:_________ By :_________
Title:_________
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