Common use of The responsibilities of the Operator Clause in Contracts

The responsibilities of the Operator. In addition to the responsibilities specified in other provisions of this Agreement, the Operator shall also be responsible for: (a) Without prior written consent of the Foreign-owned Enterprise, not accepting the supporting services that are provided by any third party and are same as or similar to the Supporting Services or engage any third party to provide those Supporting Services; (b) Accepting all reasonable advice provided by the Foreign-owned Enterprise with respect to the Support Services; (c) Preparing for its Businesses Plan and financial plan under the guidance of the Foreign-owned Enterprise; (d) Carrying out the Operator’s Business under the guidance of the Foreign-owned Enterprise; (e) Providing the Foreign-owned Enterprise with any technology or other materials as may be deemed necessary by the Foreign-owned Enterprise for the provision of the Support Services and permitting the Foreign-owned Enterprise to enter relevant facilities as may be deemed necessary by the Foreign-owned Enterprise for the provision of the Support Services; (f) Operating and offering the Operator’s Business and other businesses of the Operator strictly in accordance with the Businesses Plan and the decisions jointly made by the Foreign-owned Enterprise and the Operator; (g) Obtaining prior written consent of the Foreign-owned Enterprise when signing a major contract with any third party; (h) Conducting and managing the Operator’s Business in an effective, prudent, and lawful manner so as to earn more profits; (i) Assisting the Foreign-owned Enterprise and cooperating fully with the Foreign-owned Enterprise in all necessary actions to be taken by the Foreign-owned Enterprise for effectively performing the Foreign-owned Enterprise’s responsibilities and obligations hereunder; (j) Assisting the Foreign-owned Enterprise in establishing and maintaining the relationship between the Foreign-owned Enterprise and relevant government departments and other entities, and assisting the Foreign-owned Enterprise in obtaining all permits, licences, consents, approvals, and authorizations that may be required for the Support Services; (k) Operating the Operator’s Business in accordance with all applicable laws and regulations of China and handling all government formalities relating to the Operator’s Business; maintaining and renewing in time all rights, licenses, and authorizations required for the operation of the Operator’s Business to keep those rights, licenses, and authorizations valid and in full legal force; (l) Maintaining, during the whole term hereof, the accuracy and validity of each representation and warranty made by the Operator according to Article 5 hereof; (m) Performing its obligations strictly in accordance with this Agreement or any other contract to which it is a party; (n) Assisting the Foreign-owned Enterprise in obtaining all assets that may be required by the Foreign-owned Enterprise for providing the Operator with the Support Services (o) Having its board directors to be nominated by the board of directors of the Foreign-owned Enterprise and thereafter appointed by the shareholder meeting of the Operator from the nominees; or as entrusted by the shareholder of the Foreign-owned Enterprise, having an individual designated by the Operator to act as the representative of the shareholder of the Foreign-owned Enterprise to make decision with respect to the nominees of the board directors; and (p) Having the senior executives (including without limitation the general manager, financial director, technical director, and operation director) of the Operator to be nominated by the board of directors of the Foreign-owned Enterprise with the board of directors of the Operator and thereafter appointed by the board of directors of the Operator from the nominees.

The responsibilities of the Operator. In addition to the responsibilities specified in other provisions of this Agreement, the Operator shall also be responsible for: (a) Without prior written consent of the Foreign-owned Enterprise, not accepting the supporting services that are provided by any third party and are same as or similar to the Supporting Services or engage any third party to provide those Supporting Services; (b) Accepting all reasonable advice provided by the Foreign-owned Enterprise with respect to the Support Services; (c) Preparing for its Businesses Plan and financial plan under the guidance of the Foreign-owned Enterprise; (d) Carrying out the Operator’s Business under the guidance of the Foreign-owned Enterprise; (e) Providing the Foreign-owned Enterprise with any technology or other materials as may be deemed necessary by the Foreign-owned Enterprise for the provision of the Support Services and permitting the Foreign-owned Enterprise to enter relevant facilities as may be deemed necessary by the Foreign-owned Enterprise for the provision of the Support Services; (f) Operating and offering the Operator’s Business and other businesses of the Operator strictly in accordance with the Businesses Plan and the decisions jointly made by the Foreign-owned Enterprise and the Operator; (g) Obtaining prior written consent of the Foreign-owned Enterprise when signing a major contract with any third party; (h) Conducting and managing the Operator’s Business in an effective, prudent, and lawful manner so as to earn more profits; (i) Assisting the Foreign-owned Enterprise and cooperating fully with the Foreign-owned Enterprise in all necessary actions to be taken by the Foreign-owned Enterprise for effectively performing the Foreign-owned Enterprise’s responsibilities and obligations hereunder; (j) Assisting the Foreign-owned Enterprise in establishing and maintaining the relationship between the Foreign-owned Enterprise and relevant government departments and other entities, and assisting the Foreign-owned Enterprise in obtaining all permits, licences, consents, approvals, and authorizations that may be required for the Support Services; (k) Operating the Operator’s Business in accordance with all applicable laws and regulations of China and handling all government formalities relating to the Operator’s Business; maintaining and renewing in time all rights, licenses, and authorizations required for the operation of the Operator’s Business to keep those rights, licenses, and authorizations valid and in full legal force; (l) Maintaining, during the whole term hereof, the accuracy and validity of each representation and warranty made by the Operator according to Article 5 hereof; (m) Performing its obligations strictly in accordance with this Agreement or any other contract to which it is a party; (n) Assisting the Foreign-owned Enterprise in obtaining all assets that may be required by the Foreign-owned Enterprise for providing the Operator with the Support Services (o) Having its board directors to be nominated by the board of directors of the Foreign-owned Enterprise and thereafter appointed by the shareholder meeting of the Operator from the nominees; or as entrusted by the shareholder of the Foreign-owned Enterprise, having an individual designated by the Operator to act as the representative of the shareholder of the Foreign-owned Enterprise to make decision with respect to the nominees of the board directors; and (p) Having the senior executives (including without limitation but not limited to the general manager, financial director, technical director, and operation director) of the Operator to be nominated by the board of directors of the Foreign-owned Enterprise with the board of directors of the Operator and thereafter appointed by the board of directors of the Operator from the nominees.

The responsibilities of the Operator. In addition to the responsibilities specified in other provisions of this Agreement, the Operator shall also be responsible for: (a) Without prior written consent of the Foreign-owned Enterprise, not accepting the supporting services that are provided by any third party and are same as or similar to the Supporting Services or engage any third party to provide those Supporting Services; (b) Accepting all reasonable advice provided by the Foreign-owned Enterprise with respect to the Support Services; (c) Preparing for its Businesses Plan and financial plan under the guidance of the Foreign-owned Enterprise; (d) Carrying out the Operator’s Business under the guidance of the Foreign-owned Enterprise; (e) Providing the Foreign-owned Enterprise with any technology or other materials as may be deemed necessary by the Foreign-owned Enterprise for the provision of the Support Services and permitting the Foreign-owned Enterprise to enter relevant facilities as may be deemed necessary by the Foreign-owned Enterprise for the provision of the Support Services; (f) Operating and offering the Operator’s Business and other businesses of the Operator strictly in accordance with the Businesses Plan and the decisions jointly made by the Foreign-owned Enterprise and the Operator; (g) Obtaining prior written consent of the Foreign-owned Enterprise when signing a major contract with any third party; (h) Conducting and managing the Operator’s Business in an effective, prudent, and lawful manner so as to earn more profits; (i) Assisting the Foreign-owned Enterprise and cooperating fully with the Foreign-owned Enterprise in all necessary actions to be taken by the Foreign-owned Enterprise for effectively performing the Foreign-owned Enterprise’s responsibilities and obligations hereunder; (j) Assisting the Foreign-owned Enterprise in establishing and maintaining the relationship between the Foreign-owned Enterprise and relevant government departments and other entities, and assisting the Foreign-owned Enterprise in obtaining all permits, licences, consents, approvals, and authorizations that may be required for the Support Services; (k) Operating the Operator’s Business in accordance with all applicable laws and regulations of China and handling all government formalities relating to the Operator’s Business; maintaining and renewing in time all rights, licenses, and authorizations required for the operation of the Operator’s Business to keep those rights, licenses, and authorizations valid and in full legal force; (l) Maintaining, during the whole term hereof, the accuracy and validity of each representation and warranty made by the Operator according to Article 5 hereof; (m) Performing its obligations strictly in accordance with this Agreement or any other contract to which it is a party; (n) Assisting the Foreign-owned Enterprise in obtaining all assets that may be required by the Foreign-owned Enterprise for providing the Operator with the Support Services (o) Having its board directors to be nominated by the board of directors of the Foreign-owned Enterprise and thereafter appointed by the shareholder meeting of the Operator from the nominees; or as entrusted by the shareholder of the Foreign-owned Enterprise, having an individual designated by the Operator to act as the representative of the shareholder of the Foreign-owned Enterprise to make decision with respect to the nominees of the board directors;; and (p) Having the senior executives (including without limitation the general manager, financial director, technical director, and operation director) of the Operator to be nominated by the board of directors of the Foreign-Foreign- owned Enterprise with the board of directors of the Operator and thereafter appointed by the board of directors of the Operator from the nominees.