{"id":42349,"date":"2015-09-17T11:25:58","date_gmt":"2015-09-17T16:25:58","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-legal\/contracts\/uncategorized\/information-service-project-contract-china-jitong-communication.html"},"modified":"2015-09-17T11:25:58","modified_gmt":"2015-09-17T16:25:58","slug":"information-service-project-contract-china-jitong-communication","status":"publish","type":"corporate_contracts","link":"https:\/\/corporate.findlaw.com\/contracts\/operations\/information-service-project-contract-china-jitong-communication.html","title":{"rendered":"Information Service Project Contract &#8211; China Jitong Communication Co. Ltd. and UTStarcom (China) Ltd."},"content":{"rendered":"<pre>\n                        INFORMATION SERVICE PROJECT CONTRACT\n\n       This contract is signed in Beijing on June 1, 1998, by and between the\ntwo parties as follows:\n\n       Party A:  China Jitong Communication Co., Ltd. \n       Party B:  UT Starcom (China) Ltd.\n\n       Whereas\n\n       Party A plans to conduct Internet information service operation in China\nand Party B has the experience in the development and construction of Internet\ninformation service, and whereas Party A plans to entrust Party B to carry out\nthe development and construction of an Internet information service project and\nParty B consents to accept this arrangement, the two parties hereby enter into\nthe following agreement:\n\n       I.     DESIGN OF THE PROJECT\n\n              1.     Party A entrusts Party B to develop and construct an\nInternet information service project in China.  Party A entrusts Party B to\ndesign the said project of providing information service in China and the\ntechnical plan needed for providing the service.\n\n              2.     Party B shall submit the design of the project on the date\nas agreed by both parties.  The design shall include the content of information\nservice and a list of the principal technologies and equipment for the\ninformation service project.  The schedule for implementing the project and the\nproject financial estimates shall be submitted within the date as agreed by both\nparties after the design of the project is received.\n\n              3.     Parties A and B shall decide on the following through\nconsultations: \n\n                     (1)    The plan of the project, the plan for implementing\nthe project and the relevant project estimates. \n\n                     (2)    The choice of equipment and software.\n\n       II.    CONSTRUCTION OF THE PROJECT\n\n              1.     The construction of the equipment for the project shall be\nthe responsibility of Party B, while Party A shall provide the necessary\nassistance.\n\n              2.     Party B agrees to entrust Party A to serve as the agent in\nimporting part of the equipment needed for the construction of the project.\n\n                     (1)    Party A shall do the following:\n\n                            1)     apply for and obtain an Internet\ninternational port.\n\n\n\n\n                            2)     carry out the initial coordination between\nnominated cities or areas, including, for example, the matters relating to VSAT\ninterfaces.\n\n                            3)     complete the procedures needed to construct,\ndevelop and operate an Internet information service project in the cities or\nareas nominated by both parties.\n\n                            4)     organize and coordinate the construction and\nimplementation of the project. \n\n                            5)     operate the completed project.\n\n                            6)     organize and coordinate the further\ndevelopment of the project.\n\n                     (2)    Party B shall do the following:\n\n                            1)     draft the plan for the information service\nproject, the plan for implementing the project and the relevant estimates of the\nproject.\n\n                            2)     provide the technical support for the\nconstruction, development and operation of the project.\n\n                            3)     provide advanced managerial expertise and\ntechnologies relating to the operation of the project. \n\n                            4)     provide after-sale maintenance and repairs.\n\n       III.   SUB-CONTRACT\n\n              1.     Party B shall have the right to sub-contract part of the\nwork of the project under its charge.\n\n              2.     Party B agrees to, under equal conditions, select Party A\nas the contractor.\n\n       IV.    ADMINISTRATIVE COMMITTEE\n\n              1.     Parties A and B shall jointly establish the Administrative\nCommittee, which shall be the highest organ of power of the project.  The\ncommittee shall consist of six persons, with a representative of Party A as\nChairman, a representative of Party B as Vice-Chairman and with two other\nmembers sent by each of the two parties.  The Administrative Committee shall\ncoordinate and decide on the matters relating to the project.  A resolution of\nthe committee shall not become effective unless four or more of its members vote\nin favor.  The change of members of the committee shall be notified to all the\nmembers in writing in advance.\n\n              2.     The Administrative Committee shall establish a project\nimplementation group which shall consist of representatives of Parties A and B. \nThe group shall take charge of the planning and plan of the project and organize\nthe construction and development of the project.\n\n\n                                      -2-\n\n\n\n\n\n              3.     The following issues shall be decided on by the\nAdministrative Committee through study:\n\n                     (1)    the confirmation of the planning, plan, technical\nplan, implementation plan and estimates of the project.\n\n                     (2)    the study of the construction and development of the\nproject. \n\n                     (3)    the appointment or dismissal of managers. \n\n                     (4)    the revision or termination of the contract \n\n                     (5)    other major issues.\n\n       V.     ACCEPTANCE INSPECTION\n\n              1.     After the project is completed, both parties shall jointly\ncarry out the acceptance inspection.\n\n              2.     Party B has the obligations to remedy the problems found in\nthe acceptance inspection.\n\n              3.     After the acceptance inspection, Party A shall sign the\nacceptance certificate of the project.\n\n       VI.    HAND-OVER OF THE PROJECT\n\n       This project is a 'turnkey' project, that is, in accordance with the\nrequirements of Party A, Party B shall turn a complete, good system to Party A\nfor operation.  Thereafter the system shall belong to Party A and is at its\ndisposal.\n\n       VII.   PROJECT ENGINEERING FEE\n\n       After the project is accepted by both parties, Party A shall pay Party B\nthe project engineering fee (including the payment for equipment) in the way\nspecified in the Information Service Project Service Contract.\n\n       VIII.  AFTER-SALE SERVICE\n\n       Parties A and B shall conclude the Internet Information Service Project\nService Contract as an appendix to this contract.\n\n       IX.    SETTLEMENT OF DISPUTES\n\n       Any differences and disputes arising in the process of the construction\nand development of the project shall be settled by both parties through\nconsultations.  Should this do not work, the disputes shall be submitted to the\nBeijing-based China International Economic and Trade Arbitration \n\n\n                                      -3-\n\n\nCommission for arbitration in accordance with its regulations in Beijing.  \nThe award shall be final and binding for both parties.  The loser in the \narbitration shall bear the expenses incurred therein.\n\n       X.     SECURITY\n\n       Both parties shall maintain the security of this contract.  If either\nparty [Party A is Jitong Company and Party B is UT Starcom (China) Ltd. and\nSoftbank Corporation] leaks any aspect of this contract to a third party without\nthe consent of both parties, it will be regarded to have violated the contract\nand the other party shall have the right to terminate the contract.\n\n       XI.    VERSION\n\n       Done in duplicate, the contract shall come into force upon signature by\nboth parties.\n\n       XII.   Both parties agree that this contract and its appendix is the\nreplacement of the written material relating to this project signed earlier. \nThe Contract on the Joint Establishment of an Internet Service Network concluded\nby Party A and Unitech Telecom Inc. of the United States and Softbank\nCorporation of Japan on October 16, 1995, has been nullified.\n\nSignatures of both parties:\n\nParty A: Jitong Communication Co., Ltd.\nLegal representative: \/s\/ Qi Mingqiu\n\nParty B: UT Starcom (China) Ltd.\nLegal representative: \/s\/ signature\n\nDate of conclusion:  June 11, 1998\n\n\n                                      -4-\n<\/pre>\n","protected":false},"template":"","meta":{"_acf_changed":false,"_stopmodifiedupdate":true,"_modified_date":"","_cloudinary_featured_overwrite":false},"corporate_contracts_companies":[9205],"corporate_contracts_industries":[9516],"corporate_contracts_types":[9613,9620],"class_list":["post-42349","corporate_contracts","type-corporate_contracts","status-publish","hentry","corporate_contracts_companies-utstarcom-inc","corporate_contracts_industries-telecommunications__equipment","corporate_contracts_types-operations","corporate_contracts_types-operations__services"],"acf":[],"_links":{"self":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts\/42349","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts"}],"about":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/types\/corporate_contracts"}],"wp:attachment":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/media?parent=42349"}],"wp:term":[{"taxonomy":"corporate_contracts_companies","embeddable":true,"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts_companies?post=42349"},{"taxonomy":"corporate_contracts_industries","embeddable":true,"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts_industries?post=42349"},{"taxonomy":"corporate_contracts_types","embeddable":true,"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts_types?post=42349"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}