The Amended and Restated Exclusive Consulting and Service Agreement
The Amended and Restated Exclusive Consulting and Service Agreement (the “Agreement”) is signed by the following parties on April 2, 2021 in Beijing, the People’s Republic of China (“China”):
Party A: LinkDoc Technology (Beijing) Co., Ltd.
Legal Representative: Zhang Tianze
Registered Address: Area B, 11/F, Block A, No.8 Haidian Street, Haidian District, Beijing
Party B: LinkDoc Information Technology (Beijing) Co., Ltd.
Legal Representative: Zhang Tianze
Registered Address: Area D, 11/F, Block A, No.8 Haidian Street, Haidian District, Beijing
(In the Agreement, Party A and Party B may be referred to collectively as “both parties” and individually as a “party”)
Foreword
WHEREAS, Party A requires Party B to provide consulting and services related to Party A’s business (as defined below), and Party B agrees to provide such consulting and services to Party A.
THEREFORE, the two parties reach the following agreement through friendly negotiation:
Article 1: Definitions
1.1 | Unless otherwise specified in the Agreement or otherwise construed in the context, the relevant terms in the Agreement shall have the following meanings: |
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“Annual Business Plan” | | Party A’s business development plan and the budget report for the next calendar year developed by Party A with the assistance of Party B according to the Agreement by November 30 or other agreed time each year. |
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“Breach of Agreement” | | Having the meaning given to it in Article 8.1 of the Agreement. |
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“Business-related Technology” | | Any and all the software and technologies related to Party A’s Business and developed by Party A on the basis of the services provided by Party B under the Agreement. |
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“China” | | The People’s Republic of China which, for the purpose of the Agreement, does not include the Hong Kong Special Administrative Region, Macao Special Administrative Region and Taiwan. |
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“Confidential Information” | | Having the meaning given to it in Article 7.1 of the Agreement. |
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“Defaulting Party” | | Having the meaning given to it in Article 8.1 of the Agreement. |
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“Encumbrance” | | Mortgage, security, pledge, lien, option, restriction, preemption, preemptive right, third party interest or other form of other interest or security interest of any kind. |
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“Party A’s Business” | | All the businesses carried on and developed by Party A currently and at any time during the term of the Agreement. |
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“Service Fee” | | All the fees payable by Party A to Party B for the technical consulting and services provided by Party B according to Article 3 of the Agreement. |
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