Common use of Agreement Content Clause in Contracts

Agreement Content. Party A intends to sign a business cooperation agreement (Agreement Number: 20240100001, hereinafter referred to as the “Target Agreement”) with Shenzhen Cloud Computing PTE LTD (with the unified social credit code: 91440300685370871P, hereinafter referred to as “CAI”) to provide AI algorithm model services and data encryption computing node services developed by Party B to CAI. – Party A and Party B agree that the pricing in the Target Agreement shall be determined by Party B, and Party A may deduct 45% of the payments received from CAI under the Target Agreement as intermediary fees. The remaining funds must be converted into Hong Kong dollars within 5 business days from the date of receipt of payment from CAI and delivered to Party B as Party B’s income in Hong Kong dollars within 10 business days from the date of receipt of payment from CAI. However, if CAI fails to make payments to Party A under the Target Agreement, Party A is not required to make any payments to Party B on behalf of CAI and shall not bear any responsibility. – Party B agrees to deliver the products and services involved in the Target Agreement directly to CAI. – Party B agrees that after delivering the products and services to CAI, Party B shall bear all responsibilities involved (especially including maintenance, product upgrades, product safety responsibilities, etc.), ensuring the normal and safe operation of such products and services, and Party A shall not bear any responsibility. Party B agrees to fully indemnify Party A for any and all losses, damages, liabilities, costs, and expenses, including but not limited to reasonable attorney’s fees, arising from or related to Party A’s provision of services or products as an intermediary for Party B. This indemnification obligation applies to any claims, lawsuits, losses, or damages arising directly or indirectly from such use, whether due to negligence, breach of agreement, or other reasons – Party A and Party B agree that all ownership rights, including property rights, patent rights, and all other ownership rights related to all software, hardware, documents, and items involved in the products and services provided by Party B to CAI, shall belong to Party B and are unrelated to Party A. – Party B agrees that within 3 years from the effective date of this agreement, without the written consent of Party A, Party B shall not sell or provide its products and services or those of any other party to CAI in any way; otherwise, Party A has the right to charge 45% of the transaction amount involved as liquidated damages from Party B to Party A and has the right to terminate this agreement. – Party A agrees that without the written consent of Party B, Party A shall not sell or provide Party B’s products and services to CAI or any other third party in any way; otherwise, Party B has the right to charge 100% of the transaction amount involved as liquidated damages from Party A to Party B and has the right to terminate this agreement.

Appears in 2 contracts

Sources: Intermediary Service Agreement (Zenta Group Co LTD), Intermediary Service Agreement (Zenta Group Co LTD)