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Ancillary Agreement Chinese

If the term of a lease is not agreed or if the agreement is unclear and cannot be determined in accordance with article 61 of this Act, the lease shall be considered to be a lease of indefinite duration. Either party may terminate the contract at any time, provided that the landlord gives the tenant reasonable notice before terminating the contract. In the case of a trial sale, the parties may agree on the probationary period. If a trial period has not been agreed or if the agreement is not clear and cannot be determined in accordance with Article 61 of this Law, it shall be determined by the seller. If an agreement between the parties on the content of an amendment is unclear, the contract is deemed not to have been modified. If, after the conclusion of the contract, there is no agreement between the parties on content such as quality, price or remuneration or place of performance, etc. or if this Agreement is ambiguous, the Parties may agree on additional terms and conditions by consultation; Where no additional agreement can be concluded, these conditions shall be determined in accordance with the relevant provisions of the contract or commercial practice. If the parties agree that a third party fulfils the obligations to the creditor and the third party does not fulfil the obligations or that the performance is not in accordance with the agreement, the debtor is liable to the creditor for the breach of contract. The borrower pays the interest at the agreed time. If the date of payment of interest has not been agreed or if the agreement is not clear and cannot be determined in accordance with article 61 of this Law if the term of the loan is less than one year, interest shall be paid with the principal at the time of repayment; If the term of the loan is one year or more, interest is payable at the end of each fiscal year and the remaining period is less than one year, interest is paid with the principal at the time of repayment. The place of performance of an energy supply contract is the place agreed by the parties, and if there is no agreement or if the agreement is unclear, the place of performance is the limit at which the ownership of the power supply systems is divided. It is not uncommon in international business practices for companies to include a similar workaround in their agreements in order to circumvent the service requirements of the Hague Service Convention or requests for mutual legal assistance. The purpose of this workaround is to limit the costs associated with litigation and avoid delays that are typically associated with international service and can last up to six months.

The buyer must pay the price at the agreed time. If the time of payment has not been agreed or if the agreement is not clear and cannot be determined in accordance with article 61 of this law, the buyer must make the payment at the time he receives the article or document to be delivered. If the parties agree that the debtor fulfils the obligations towards a third party and that the debtor does not fulfil its obligations towards that third party or that its performance of the obligations is not in conformity with the agreement, the debtor is liable to the creditor for the breach of contract. The buyer must pay the price in the agreed amount. If the price is not agreed or if the agreement is not clear, the provisions of Articles 61 and 62(2) shall apply. If a contract is terminated due to non-compliance with a principal element of the subject matter, the effect of termination extends to ancillary elements. If the contract is terminated due to non-compliance with a secondary component of the object, the effect of termination does not extend to the main components. If the delivery period of the goods has not been agreed between the parties or if the agreement is not clear, the provisions of Articles 61 and 62(4) shall apply. If the quality does not correspond to the contract, the breach of the contract will bear the damage in the manner agreed by the parties.

If there is no agreement in the contract on liability for breach of contract, or if such an agreement is unclear or can be determined in accordance with the provisions of article 61 of this law, the injured party may reasonably decide, having regard to the nature of the object and the degree of damage, to require the other party to assume responsibility for the breach of contract, such as repair. Replacement, rectification, return of the goods or reduction of the price or remuneration. The tenant must use the rental object in the agreed manner. If the mode of use of the rental object has not been agreed or if the contract is not clear or if it cannot be determined in accordance with article 61 of this Law, the rental object must be used in a manner appropriate to its nature. If the seller has placed the item at the place of delivery in accordance with the contract or in accordance with the provisions of Article 141 (2) (2) of this Law, while the Buyer does not accept delivery in breach of contract, the Buyer will bear the risk of damage or absence of the item at the time of the breach of contract. A contract in this law refers to an agreement between natural persons, legal persons or other organizations as equal parties for the establishment, modification of a relationship that includes the civil rights and obligations of these companies. If there is no agreement between the parties on the place of delivery or if such an agreement is unclear and the item is to be transported in accordance with the provisions of Article 141 paragraph 2 number 1 of this Law, the Buyer bears the risk of damage or absence of the item after the Seller has handed over the item to the first carrier. If a party`s breach is attributable to a third party, it is always liable to the other party for the breach. Any dispute between the party and this third party will be resolved in accordance with the law or the agreement between the parties. If the Buyer bears the risk of damage or absence of the item, the Buyer`s right to demand from the Seller the Seller`s liability for breaches of contract because the Seller`s performance of its obligations is not in conformity with the contract will not be affected. When picking up the cargoes, the consignee must inspect the cargoes at the agreed time.

If the time of inspection has not been agreed, or if the agreement is unclear and cannot be determined in accordance with article 61 of this Law, the consignee shall inspect the cargo within a reasonable time. The fact that the consignee has not objected to the quantity or damage caused to the cargoes within the agreed time or within a reasonable time shall be considered prima facie evidence of delivery by the carrier as described in the transport documents. If a party fails to perform its obligations under the Contract or if its performance is not in conformity with the Contract and the other party suffers further damages after performance of the obligations or acceptance of remedies, that party shall indemnify the other party for such damages. The customer must pay the remuneration within the agreed period. If the payment period has not been agreed or if the agreement is not clear or cannot be determined in accordance with article 61 of this Law, the buyer must pay it at the time the contractor delivers the results of the work; if the results of the work are partially delivered, the customer must make the payment accordingly. If, in the course of the performance of a technological development contract, the development fails in whole or in part due to insurmountable technical difficulties, the parties agree to assign responsibility for this risk. If the allocation of responsibility for such a risk has not been agreed, or if the agreement is unclear or cannot be established in accordance with Article 61 of this Law, it shall be shared between the parties in an appropriate manner. The Contractor may entrust certain ancillary work that has been subcontracted to third parties for completion. If the Contractor entrusts ancillary work for completion to a third party, it is liable to the Client for the result of the work provided by a third party. The parties may, on the basis of the mutual benefit of the technology transfer agreement, provide for the method of sharing any further improvements resulting from the exploitation of the patent or the use of the technical secret. If such a method has not been agreed or if the agreement is unclear or cannot be determined in accordance with Article 61 of this Law, neither party shall have the right to share the rectification made by the other party.

If the storage period has not been agreed or the agreement is not clear, the depositor or the holder of the warehouse receipt may withdraw the goods at any time and the depositary may at any time request the depositor or warehouse receipt to recover the goods, provided that the other party has sufficient time for preparation. If the contract is concluded in the form of a data telex, the main place of business of the recipient shall be the place of establishment. If the beneficiary does not have a principal place of business, his habitual residence shall be deemed to be the place of establishment. If the parties agree otherwise, this Agreement applies. The multimodal transport operator and the airlines in the segment may conclude agreements on their respective obligations in respect of each segment, provided that such an agreement does not affect the obligations of the multimodal transport operator with regard to the whole transport. .

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