加拿大外贸
7.2 The aforesaid Intellectual Properties of HARRY XIA shall not be used in any manner liable to invalidate the Registration thereof and the right to use such Intellectual Properties in connection with the appropriate Product is only granted to the extent that HARRY XIA is able to do so without endangering the validity of the registration.7.3 4uE shall (in so far as it becomes aware thereof) notify HARRY XIA of any unauthorized use in the Territory of the aforesaid Intellectual Property Rights. At the request and cost of HARRY XIA, 4uE shall take part in or give assistance in respect of any legal proceedings and execute any documents and do anything reasonably necessary to protect the Trademark in the Territory at the cost of HARRY Xia.
10. COMMISSION
a. 4uE shall be entitled to Commission for Sales, the rate of Commission would be 6% on total sales value on prorata basis on Sales booked by HARRY Xia or 4uE subject to such withholding tax or VAT as may be applicable, if any as per Scheme given in Exhibit A. This commission table can be revised and modified by mutual discussion of both parties on a case-to-case basis.
b. The Sales value will be considered net of discount, commission, duties & taxes.
c. The commission will be paid only out of and immediately after receipt of payment from the Customers in full in respect of the sale booked through HARRY Xia or 4uE
d. 4uE will invoice to HARRY XIA for any commission payable each month. HARRY XIA would pay the same by transferring the proceeds in his account.
e. 4uE- shall not be paid any other expenses unless & until approved in writing by HARRY XIA.
11. TERMNATION
11.1 Notwithstanding anything contained in any other clause, without prejudice to any right or remedy HARRY XIA may terminate this agreement for breach or non-performance of this Agreement as under:
11.1.1 On 4uE committing a material breach of this Agreement provided “_ has been advised in writing of the breach and the same was not rectified within twenty-one days of receipt of such advice.
11.1.2 On the commencement of the winding up or bankruptcy of 4uE with intimation to HARRY XIA within 15 days of such event - or on the appointment of a receiver or administrator of 4uE assets or on 4uE ceasing to do business at any time for 30 consecutive days (other than for annual holidays).
11.1.3 On 4uE for any reason of whosoever nature being substantially prevented from performing or becoming unable to perform its obligations hereunder.
11.1.4 On 4uE assigning or attempting to assign this Agreement without the prior written consent of HARRY XIA.
11.1.5 If the performance of 4uE is not up to the expectations of HARRY XIA. The decision of HARRY XIA in this regard shall be final binding.
11.1.6 If 4uE indulges in undesired business practices or any other matter, which is detrimental to the interests of HARRY XIA.
11.2 Notwithstanding the above either party may terminate the agreement as provided in Clause 9.2.
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