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23.01 Any amendment, alteration, supplement or cancellation of the provisions of this Contract shall not be made orally unless it is confirmed and signed by both the Mortgagee and the Mortgagor.
23.02 No failure or delay by the Mortgagee in exercising any right, power or remedy hereunder shall impair such right, power or remedy or operate as a waiver thereof, nor shall any single or partial exercise of the same preclude any further exercise thereof or the exercise of any other right, power or remedy. The exercise of the aforesaid rights, powers and remedies herein provided by the Mortgagee may be at the same time, separate or cumulative, and the Mortgagee may exercise any other rights, powers and remedies provided by law.
23.03 The Mortgagee shall have the right to assign all or part of its interests hereunder to another party without the consent of the Mortgagor. The Mortgagor shall not assign any of its rights and obligations hereunder.
23.04 The Mortgagee shall include its successors and assignees. The Mortgagor shall include its successors and permitted assignees.
23.05 The illegality, invalidity and unenforceability of any provisions of this Contract shall not affect the validity of any other provision of this Contract. The Mortgagor agrees to perform all of its obligations under this Contract. In the event that such situation arises, the Mortgagee has the right to terminate this Contract and forthwith request payment for the Junior Secured Indebtedness.
24. VALIDITY OF CONTRACT
24.01 This Contract shall be signed by the authorized representatives of each party at-- Municipality.
24.02 This Contract is executed in Chinese in _________ originals of each, all of which are equally effective; _________ copies of which shall be given to the Mortgagee, _________ copy to the Mortgagor and _________ each to a notary public in Beijing and Beijing Inland Customs.
25. SUBORDINATED SECURITY
Notwithstanding any other provision to the contrary, this Deed must be read and construed in all respects, and the exercise of any rights under this Deed and the enforcement of any rights under this Deed must be subject in each case to the terms of the:
(a) Senior Subordination Agreement; and
(b) Priority Deed.
In the event of any conflict or inconsistency between the terms of this Deed of the one part and the Senior Subordinated Agreement or the Senior Priority Deed of the other part, the latter documents will prevail.
| Mortgagor: AAA Signature: /s/ _________ Company Chop:_________ Representative:_________ Occupation:_________ Date:_________ Witness: /s/ _________ Mortgagee: BBB Signature: /s/ _________ Company Chop:_________ Representative:_________ Occupation:_________ Date:_________ Witness: /s/ _________ |
| Appendix 1 Equipment [Please see attached.] |
| Appendix 2 Buildings [Please see attached.] |