Common use of Basic Principle Clause in Contracts

Basic Principle. 1.1 The operator-based comprehensive services under this Agreement refer to the various services and facilities that the Provider in the Agreement provides to the Receiver, based on which the Receiver shall pay the service fees due to the Provider. 1.2 The services and/or the facilities provided by the Provider to the Receiver are the compensated transactions in the economic activities between enterprises. Pursuant to the fair market principle, the Provider is entitled to collect service charges applicable for the services and/or facilities provided to the Receiver. And the Receiver shall make payment accordingly. 1.3 The conditions and service quality of the services and/or facilities provided by the Provider to the Receiver shall be no inferior to those of the same or similar services and/or facilities provided to any third party. Both parties to the Agreement should abide by the principle of fair transaction when executing the rights or performing the obligations under the Agreement. 1.4 If the Provider is required to add services and/or facilities under the Agreement, the Provider shall make such additions as the Receiver requires on a best-effort basis, with conditions no inferior to that of the services and/or facilities provided to the third party. 1.5 If the Provider fails to provide or fully provide the services and/or facilities under this Agreement due to the reasons not attributable to the Provider, the Provider shall notify the Receiver in a timely way and assist the Receiver on a best-effort basis in obtaining the same or similar services and/or facilities through other channels. 1.6 The provision of services and/or facilities under this Agreement shall conform to the purposes as the Parties agree to intend for and the related standards issued by the authorities. 1.7 In case any party to this Agreement breaches any article herein and cause the losses of the other party, the breaching party shall bear the liabilities for breach, including but not limited to covering all the direct and indirect losses arising herefrom. Whereas such a party shall be exempted from liabilities in case the losses to the other is due to force majeure. 1.8 When any party performs the obligations under this Agreement, the other should provide assistance as is deemed reasonable and necessary. 1.9 Based on the prerequisite in Article 1.3 of this Agreement, and in case the charges raised by the Provider are no higher than that of the third Party, the Receiver will take the services provided by the Provider as its first choice. 1.10 If in an area where the Provider provides the services, there is an independent third Party who (i) provides service with quality superior to that of the Provider; or (ii) charges less when providing services at the same level, the Receiver is entitled to terminate the relevant services from the Provider in this area after notifying the Provider in written form, with no compensation being made to the Provider.

Appears in 1 contract

Sources: Operator Based Comprehensive Services Agreement (China Unicom LTD)

Basic Principle. 1.1 The operator-based comprehensive For the services and/or facilities provide by either Party to the other Party under this Agreement refer Agreement, the Party reserves the right to the various services and facilities that the Provider in the Agreement provides to the Receiver, collect reasonable service fees based on which the Receiver principle of fairness for such service and/or facilities it provides. The other Party shall pay make the service fees due to the Provider. 1.2 The services and/or the facilities provided by the Provider to the Receiver are the compensated transactions in the economic activities between enterprises. Pursuant to the fair market principle, the Provider is entitled to collect service charges applicable payment for the services and/or facilities provided provided. Sharing arrangements agreed by and between the Parties in relation to sharing of service costs and income settlements are determined based on the principle of equality. 1.2 The terms of services and/or facilities offered by one Party to the Receiver. And other under this Agreement shall not be worse than any other third party offering the Receiver shall make payment accordinglysame or similar services and/or facilities. 1.3 The conditions and service quality of the Should either Party hereunder demand for more services and/or facilities provided by hereunder from the Provider other Party, the other Party shall make its utmost effort to provide such services and/or facilities requested under the Receiver shall be conditions no inferior to those of less favorable than that under which this Party may provide the same or similar services and/or facilities provided to any a third party. Both parties to the Agreement should abide by the principle of fair transaction when executing the rights or performing the obligations under the Agreement. 1.4 If the Provider is required to add services and/or facilities under the Agreement, the Provider shall make such additions as the Receiver requires on a best-effort basis, with conditions no inferior to that of the services and/or facilities provided to the third party. 1.5 If the Provider either Party fails to provide or fully provide to the other Party the services and/or facilities under this Agreement due to reasons other than its own fault, it shall promptly inform the reasons not attributable other Party in writing, and shall use its best endeavors to the Provider, the Provider shall notify the Receiver in a timely way and assist the Receiver on a best-effort basis in obtaining other Party to find the same or similar services through other means. 1.5 The agreed services and/or facilities through other channelshereunder shall fully comply with the purposes agreed upon under this Agreement and the standard set by the State. 1.6 The In the event of any breach of provision of services and/or facilities by either Party under this Agreement shall conform that leads to the purposes as the Parties agree to intend for and the related standards issued any damage suffered by the authoritiesother Party, the Party in default shall be liable for all immediate and full damages for breaching this Agreement. However, this Party shall not be held responsible for such losses in the event of Force Majeure. 1.7 In case any party to this Agreement breaches any article herein Both Parties shall provide all reasonable and cause the losses of the other party, the breaching party shall bear the liabilities for breach, including but not limited to covering all the direct and indirect losses arising herefrom. Whereas such a party shall be exempted from liabilities in case the losses essential assistance to the other is due to force majeureParty for the purpose of fulfilling the obligations set out in this Agreement. 1.8 When any party performs It is agreed that both Parties will take further actions to ensure the obligations under realization of the principles and provisions in this Agreement. It is further agreed that both Parties will ensure that, the other should provide assistance as is deemed reasonable and necessary. 1.9 Based on the prerequisite in Article 1.3 of this AgreementCNC China, and in case the charges raised by the Provider are no higher than that being a subsidiary of the third PartyListing Company, shall comply with the Receiver will take the services provided by the Provider as its first choice. 1.10 If in an area where the Provider provides the services, there is an independent third Party who (i) provides service with quality superior to that Listing Rules of the Provider; or (ii) charges less when providing services at the same level, the Receiver is entitled to terminate the relevant services from the Provider in this area after notifying the Provider in written form, with no compensation being made to the ProviderHong Kong Stock Exchange for connected transactions.

Appears in 1 contract

Sources: Master Sharing Agreement (CHINA UNICOM (HONG KONG) LTD)