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Repayment Agreement
____________(hereinafter referred to as “Party A”)
Address:
Legal representative:
__________________(hereinafter referred to as “Party B")
Address:
Legal representative:
Whereas:
Party A and Party B signed a “____________contract”(nr: _______) on __________(date)。 The term of the distribution contract started from __________ and ended on __________. Party A shall supply _________ according to its obligation under the contract and Party B shall pay Party A the amount of the contact。 By the date of this repayment agreement, Party B still owes Party A the amount of the contract of ________________(RMB______)
NOW, THEREFORE, based on the foregoing and in consideration of the mutual promises and covenants contained herein, the adequacy of which is hereby acknowledged, the parties agree as follows:
Article 1 Parties hereby recognize that Party B shall pay Party A _______________, the total amount of the contract that it owed to Party A。
Article 2 Party A and Party B hereby agrees as follows through negotiation: During the period from _____________, in total _______ months, Party B shall pay the amount it owes to Party A。 Party B shall pay 10% of the total amount every month namely
______________per month. Party B shall pay the installment before the end of every month。 Party B will provide the evidence of payment to Party A within ______working days after anyone of the installment is due, and Party A will justify this fact.
Article 3 Compulsory enforcement
1。Parties hereby confirms that both have known clearly about the meaning, content, procedure, effect etc of the notary which can make this agreement compulsory enforceable in accordance with the relevant laws and through deliberation both Parties agree to apply for notary in the _______office of public notary to make this agreement compulsory enforceable after the conclusion of this agreement。
2。 Party B undertakes the burden of proof , and shall provide the relevant evidences to Party A and the ____(name) office of public notary to justify its payment within __ working days after its payment every month, and the evidence shall be inspected and signed by both Party A and the office of public notary otherwise shall deemed as the confirmation of Party B’s failure of payment namely Party B fails to pay the installment of current period on time.
3. Party A and Party B agree that if Party B does not provide the evidence of payment to the _____(name) office of public of notary within ______working days after anyone of the installment is due, and Party A issues the relevant documents to justify this fact, Party A gets the right to apply to the office of public notary of _______(name) for the enforcement certification by itself according to the agreement hereby。 Party A promises to notice Party B with a “a notification of payment” to the address of Party B specified in this agreement before the application of the enforcement certification.
4. Party A is entitled to apply for the compulsory enforcement from the court of competent jurisdiction according to this agreement herein which is compulsory enforceable and the enforcement certification. Party B agrees to accept the enforcement。
5 .When apply for the execution, Party A shall burden the proof and provide the document as following as well as to disclose completely and correctly of Party B’s performance to the public notary office.
(1) the eligible business license(duplicate) by annual inspection
(2) letter of authorization /POA power of attorney
(3) the application for compulsory enforcement。
(4) the written documents of Party B's performance(the repayment status of Party B including the already paid/unpaid amount of the debt.)
(5) the hereby agreement which is compulsory enforceable by notary.
(6) The notification of performance by Party A to Party B under the monitor of the notary。
(7) Other essential documents.
6。Party B undertakes to be enforced with all of its assets including but not limited to the following:
Any breach of provisions hereof shall constitute the material breach of this Agreement. Without prejudice to the relief measures that Party A is entitled to all remedial measures under the related agreement or laws, Party A is entitled to unilaterally take some or all of the following measures if Party B acts in breach of provisions of this Agreement:
the eligible business license(duplicate) by annual inspection;
the financial statements, including but not limited the latest one;
the written documents of Party B’s performance(the repayment status of Party B including the already paid/unpaid amount of the debt.);
Other essential documents.
All past—due principal and/or interest shall bear interest at the lesser of the highest rate for which the undersigned may legally contract or the rate of 18% per annum (the "Default Rate”), and such Default Rate shall continue to apply following a judgment in favor of Party AAAA under this AgreementNote。 If Party BDebtor fails to make any payment or installment due under this AgreementNote within five days of its due date, the unpaid amount will be considered overdue and Party BDebtor shall pay to Party AAAA in addition to any other sum due AAA under this AgreementNote or any other agreementLoan Document a late charge equal to 10% of such past—due payment or installment.
(i) Party A is entitled to the right to declare all payments due under the Loan Documents immediately due and payable and the right to recover all fees and expenses (including reasonable attorney fees) in connection with the collection or enforcement thereof, which fees and expenses shall constitute additional Obligations of Party BDebtor hereunder;
(ii) should Party B in any respect fail to perform the said payment obligations contained in the Agreement or commits any breach thereof, require Party Bto take whatever steps as may be necessary to achieve performance of the obligation thereof, in accordance with terms of the Agreement.
Article 4 Confidentiality
Any party of this agreement shall not disclose the relevant matter to any third Party Before the accomplishment of the foregoing transaction without the consent of the other party unless specifically set forth by the relevant rules and regulations of PRC, the article of company or any other agreement reached by both parties in writing。
Article 5 Commitment and Guarantee
1. Parties in this agreement hereby shall apply for the notary in ____ (name) the office of public notary of this agreement after the conclusion of this agreement。
2。 Party B shall pay the installment in accordance with the amount and the date specified in this agreement; Party A shall collect the payment and offset the debt according to this agreement and shall issue the invoices or other certificates to Party B on the day of payment。
Article 6 Dispute Settlement
Both parties agree that any dispute arising out or relating to this agreement shall be settled in the court of competent jurisdiction。
Article 7 Miscellaneous
1。 This agreement will come into effect and be compulsory enforceable after the notary in __(name) the office of public notary。
2。 As to the unidentified matters, both parties will find an amiable solution and sign another supplemental agreement and apply for the notary。
3。 IN WITNESS WHEREOF, the present Agreement is made in two (3) originals with each party holding one original and keep one in ____(name) the office of public notary as the memorandum.
Party A: ____________ (chop)
Legal representative or authorized representative:____(signature)
Party B: ______________ (chop)
Legal representative or authorized representative :____(signature)
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