equity held by Qiu Weiqin in Zhuhai Kingsoft Cloud Technology Co., Ltd. (including but not limited to taking it as a compensation), prohibiting transferring or disposal or taking related relief measures. Such judgment shall be executed by the parties.
The parties hereby acknowledge and promise that, subject to the laws of the PRC, as the measure for property preservation or execution, at the request of one party to the dispute, the court with jurisdiction shall be entitled to make a ruling or judgment before the formation of the arbitration tribunal or in other appropriate circumstances permitted by laws, to provide temporary relief measures for the other party to the dispute, such as detention or freezing of the defaulting party’s property or relevant equity of Zhuhai Kingsoft Cloud Technology Co., Ltd. under the judgment or ruling. Such rights of one Party to the dispute and the judgment or ruling made by the court shall not affect the validity of the above arbitration articles agreed upon by the parties.
Upon the validation of the arbitration award, either party shall be entitled to apply to the court having jurisdiction for enforcing such award.
The parties agree that: The courts in China, Hong Kong SAR, Cayman Islands or others having jurisdictions (including the court in the place of incorporation of the proposed/listed company affiliated to the creditor, the court in the place of incorporation of Zhuhai Kingsoft Cloud Technology Co., Ltd., or the court in the place where Zhuhai Kingsoft Cloud Technology Co., Ltd. or the creditor’s principal assets are located shall be deemed to have jurisdiction) shall be deemed to have jurisdiction for the purposes of this article. ”
5.Revision of Article 9.3 of Loan Agreement II
The parties agree and acknowledge that Article 9.3 of Loan Agreement II shall be replaced as a whole with the following content:
“9.3 All disputes arising from or in connection with this Agreement shall first be resolved through amicable negotiation between the two parties. If the two parties are unable to resolve the dispute through negotiation, it shall be submitted to the China International Economic and Trade Arbitration Commission (CIETAC) for arbitration in accordance with current effective arbitration rules at the time of submission, and the venue of arbitration shall be in Beijing. The arbitration award shall be final and binding on both parties. Unless otherwise ruled by the arbitration organization, the arbitration fee shall be borne by the losing party. The losing party shall also compensate the winning party for expenses such as legal fees.
During the dispute resolution period, both parties shall continue to perform all other terms and conditions of this Agreement except for the disputed matters.
The parties hereby acknowledge and guarantee that, subject to the laws of the PRC, the arbitrator shall be entitled to make appropriate rulings and provide legal relief for the lender based on the actual situations, including but not limited to limiting and handling with the equity held by the borrower in Zhuhai Kingsoft Cloud (including but not limited to taking it as a compensation), prohibiting transferring or disposal or taking related relief measures. Such judgment shall be executed by both parties.