{"id":42397,"date":"2015-09-17T11:25:58","date_gmt":"2015-09-17T16:25:58","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-legal\/contracts\/uncategorized\/joint-development-agreement-of-city-wide-area-high-speed.html"},"modified":"2015-09-17T11:25:58","modified_gmt":"2015-09-17T16:25:58","slug":"joint-development-agreement-of-city-wide-area-high-speed","status":"publish","type":"corporate_contracts","link":"https:\/\/corporate.findlaw.com\/contracts\/operations\/joint-development-agreement-of-city-wide-area-high-speed.html","title":{"rendered":"Joint Development Agreement of City-Wide-Area High Speed Broadband and Data Transmission Services Networks of China &#8211; Big Sky Network Canada Ltd. and Jitong Network Communications Co. Ltd."},"content":{"rendered":"<pre>            JOINT DEVELOPMENT AGREEMENT OF CITY-WIDE-AREA HIGH SPEED\n           BROADBAND AND DATA TRANSMISSION SERVICES NETWORKS OF CHINA\n             BETWEEN BIG SKY NETWORK CANADA LTD. AND JITONG NETWORK\n                             COMMUNICATIONS CO. LTD.\n\n\nThis Agreement is made and entered into this 15th day of September  2000, by and\nbetween  Big  Sky  Network  Canada  Ltd  (the  \"Party  A\")  and  Jitong  Network\nCommunications Co., Ltd. (the \"Party B\").\n\nParry A' s Registered Address is:     2080, 440 2nd Avenue, SW, Calgary, \n                                      Alberta, Canada\n\nParty B' s Registered Address is:     East Wing 9th floor, Capital times square,\n                                      NO.88\n                                      West Changan Ave., Beijing P. R. China.\nWHEREAS:\n\n         Party A is a  corporation  duly  registered  under the laws of  British\n         Virgin Island and its headquarter is located at Calgary,  Canada. Party\n         A'  s  main   businesses  are  to  invest  is  the  broadband   network\n         infrastructure, to develop and to construct broadband networks. Party A\n         intends  to  co-operate  with the  cities of China  and to  invest  and\n         develop  City-Wide-Area  high  speed  broadband  networks,  in order to\n         deliver  multifunctional data transmission  services over the broadband\n         to cable subscribers.\n\n         Parry B is a corporation  duly registered under the laws of the People'\n         s  Republic  China.  The main  business  of Parry B is a  communication\n         service   provider,    the   purpose   of   establishing    information\n         infrastructure  and developing new services.  Party B provide  internet\n         access to Party A and provide the transmission bandwidth .\n\n         In November  1999,  Party A and Pasty B had signed \"The  Memorandum  of\n         Understanding  Concerning the Joint Development of City-Wide-Area  High\n         Speed  Broadband  and Data  Transmission  Services  Networks of China\".\n         Based on the  principle of mutual  benefit and the spirit of friendship\n         and  cooperation,  after a full  discussion,  the Parties agree that to\n         develop digital data transmission has solid foundation for co-operation\n         and enormous market potential.  The Parties fully agree to continue the\n         co-operation between the Parties,  and, therefore,  the Parties further\n         agree as follows:\n\nGENERAL PRINCIPLE\n\n     1.  Jointly  develop  digital  data  transmission  services,  based  on the\n         nation-wide  City-Wide-Area  integrated  high-speed  broadband networks\n         (the \"Data-Over-HFC System\") invested by Party A.\n\n     2.  The  Data-Over-HFC  Systems are built by Contractual or Capital Joint \n         Venture  Companies that invested and controlled by Party A.\n\n\n                                        1\n\n\n\n\n\n     3.  All customers\/subscribers connected to the Data-Over-HTC Systems are \n         the registered users of Contractual or Capital Joint Venture Companies.\n\n     4.  The agreement (the \"Service  Agreement\") should be signed between Party\n         B and the Contractual or Capital Joint Venture  Companies that invested\n         and controlled by Party A.\n\n     5.  Party B has valid permit issued by the governmental authority of Infor-\n         mation Industry to legally operate aforementioned business.\n\nTHE RESPONSIBILITY OF EACH PARTY\n\n     1.  PARTY A\n\n         (1) To ensure  and  guarantee  Party B as the  nationwide  Provider  of\n             Internet Access Service to the Contractual or Capital Joint Venture\n             Companies.\n\n         (2) To coordinate  with the JV Companies, in order to achieve the goals\n             of this Agreement.\n\n         (3) To ensure  Contractual  or Capital  Joint  Venture Companies trans-\n             fer  the service fee to the bank account designated by Party B.\n\n     2.  PARTY B\n\n         (1) To  instruct  and ensure that the  branches  of Party B to provide\n             standard Internet access to the JV Companies that selected by Patty\n             A.\n\n         (2) To  guarantee  that  the JV  Companies  be  provided  with  the  \n             sufficient transmission bandwidth agreed by both Parties.\n\n         (3) To provide  technical  support to the  connections  in  accordance \n             with the network design of the JV Companies.\n\n         (4) To  coordinate  Party B' s branches  as well as its agents and to \n             ensure the technical support be provided to the JV Companies.\n\nTHE MUTUAL RESPONSIBILITIES OF THE PARTIES\n\n     1.  Under the permit of the of the industrial  policies of the Government, \n         both parties shall jointly  discuss the  possibilities of developing \n         other Value-added Services.\n\n     2.  To maximize the benefits for both Parties.\n\nLIABILITIES\n\n         The  patties  shall  observe  this  Agreement,  if any one is in breach\n         of this Agreement,  the other party shall have rights to terminate this\n         Agreement. The default party should be responsible for the compensation\n         to the party affected by the default from the default party.\n\nTHE DECLARATION\n\n         Party A and Party B declare  that this  Agreement  will be dominated by\n         the laws of the People' s Republic of China.  This  Agreement  does not\n         cause the Parties to violate the laws and regulations  of the  People's\n         Republic of China and\/or other territories outside the people' s \n         Republic of China.\n\n                                        2\n\n\n\n\n\nGENERAL\n\n     1.  CONFIDENTIALITY\n\n         This Agreement is strictly  confidential to both parties.  Neither\n         Parry shall  disclose the contents of this Agreement to any person\n         or a third party without prior written consent of the other Party.\n\n     2.  PARTY A' S PROMISE\n\n         Party A  (including  Party A' s company,  network  and agents) promises\n         that without the consent in writing by Party B, Party A shall not carry\n         out any commercial  promotion  activities in any form.\n\n     3.  TERM OF THIS AGREEMENT\n\n         The term of this Agreement is three (3) years from the date of signing \n         of this Agreement.  This Agreement  should be extended automatically  \n         for another  three (3) years,  unless one party informs the other party\n         to terminate this agreement in writing three  (3)  months  prior  to  \n         the  expiration  date  of  this agreement.\n\n     4.  LANGUAGE\n\n         This Agreement shall be written in English and the  Chinese  languages.\n         The inquiry of this Agreement  should be decided with the Chinese  \n         languages.  Every set of this Agreement shall hold two (2) copies in \n         each language.\n\nARBITRATION\n\n     All disputes or  divergences  in connection  with this contract or the \n     execution thereof shall be settled through friendly  negotiation. Should no\n     settlement be reached through  negotiation,  the disputes or divergences \n     shall be submitted to the Foreign Economic and Trade Arbitration Commission\n     of the China Council,in accordance with its then current arbitration rules.\n     The arbitral award shall be final and binding upon both parties. The place \n     of arbitration is in Beijing.\n\n\n\nParty A                                         Party B\n\nBig Sky Network Canada LTD.                     Jitong Network Communications\n                                                Co., LTD.\n\nAuthorized Representative:                      Authorized Representative:\n\n\/s\/ DAMING YANG                                \/s\/ NING XIANFU\n    -----------------------                        ---------------------------\n    Daming Yang                                    Ning Xianfu\n    Title: President                               Title: Deputy General Manager\n\n                                        3\n<\/pre>\n","protected":false},"template":"","meta":{"_acf_changed":false,"_stopmodifiedupdate":true,"_modified_date":"","_cloudinary_featured_overwrite":false},"corporate_contracts_companies":[7079],"corporate_contracts_industries":[9517],"corporate_contracts_types":[9613,9617],"class_list":["post-42397","corporate_contracts","type-corporate_contracts","status-publish","hentry","corporate_contracts_companies-china-broadband-corp","corporate_contracts_industries-telecommunications__other","corporate_contracts_types-operations","corporate_contracts_types-operations__jv"],"acf":[],"_links":{"self":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts\/42397","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=42397"}],"wp:term":[{"taxonomy":"corporate_contracts_companies","embeddable":true,"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts_companies?post=42397"},{"taxonomy":"corporate_contracts_industries","embeddable":true,"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts_industries?post=42397"},{"taxonomy":"corporate_contracts_types","embeddable":true,"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts_types?post=42397"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}