Common use of Effectiveness and Amendment Clause in Contracts

Effectiveness and Amendment. ARTICLE 57 This Agreement shall become effective and legally binding on both Parties upon its execution by the Parties or their authorized representatives. Upon such execution, both Parties shall strictly perform their obligations under this Agreement. ARTICLE 58 If any provisions of this Agreement are subsequently held to be invalid, illegal or unenforceable under applicable Chinese law, the other provisions of this Agreement shall remain valid and enforceable and shall be binding upon both Parties, provided that such invalid, illegal or unenforceable provisions do not affect the overall performance and material terms of this Agreement. ARTICLE 59 Any amendments or supplements to this Agreement shall become effective when executed by both Parties in written form. ARTICLE 60 Before the Closing Date, the Controlling Party covenants to take all actions required for the closing to cause the Company’s shareholders and board of directors to adopt new articles of association of the Company or an amendment thereto, pursuant to the terms of this Agreement. If the Acquirer proposes to amend any provisions of this Agreement or the articles of association of the Company, the Controlling Party shall use its best and reasonable efforts to enter into a new operation and management agreement or a supplement agreement to this Agreement and to cause the Company’s shareholders and board of directors to adopt new articles of association or an amendment thereto. Before the Closing Date, the terms of this Agreement shall not be in effect and the governance and organizational structure (including the composition of the shareholders, board of directors and the general manager) of the Company will be the sole responsibility of the Controlling Party.