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SNDA » Topics » Financing Documents

This excerpt taken from the SNDA 20-F filed Jun 30, 2009.
Financing Documents” collectively.

2.2  
Party A has agreed on the contents of the Financing Documents, and agreed that Party B and Party C are authorized to enter into the Financing Documents and other agreements in relation to the Financing Documents and/or take necessary actions, including the passing of shareholder resolutions and the consent of entering into the Financing Documents by the Company.

3.  
Confidentiality

Party B and Party C have confirmed that the contents and existence of this Agreement are “Confidential Information” of Party A. Without Party A's prior written consents, neither Party B nor Party C shall disclose the said contents and existence to any third party.

4.  
Entire Agreement and Amendments to this Agreement

4.1  
This Agreement shall constitute the entire agreement on the subject matter hereof among the Parties, and supersede all previous agreements, contracts, understandings and communications among the Parties in respect of the subject matter hereof, whether in oral or writing.

4.2  
Any amendment to this Agreement  comes to effect only after such amendment is entered into by and among the Parties in writing. Any amendment and supplement shall be integral to this Agreement after the same is entered into by and among the Parties, which shall have the same force and effect with this Agreement.

5.  
Governing Law

The conclusion, validity and performance of, interpretation to and dispute resolution in relation to this Agreement shall be governed by and interpreted in accordance with the laws of the PRC.

6.  
Resolution Dispute
 
2
 

 
6.1  
Any dispute among the Parties arising out of the interpretation to or performance of this Agreement shall be resolved through friendly negotiation in good faith by the Parties; if not reached, any Party may submit such dispute to the China International Economic and Trade Arbitration Commission Shanghai Commission (“CIETACSC”) according to the Rules of CIETACSC in force for the time being. Such arbitration shall be carried out in Shanghai. The language in the arbitration proceedings shall be Chinese. The awards are final and binding upon the Parties.

6.2  
Save for the matters under disputes, the Parties shall continue to perform their respective obligations in good faith in accordance with this Agreement.

7.  
Validity, Term and Miscellaneous

7.1  
This Agreement comes to effect on the date first written above when it is sealed by Party A, and entered into by Party B and Party C.

7.2  
Any failure to exercise any of its rights, powers or privileges hereunder by any Party shall not constitute a waiver to such rights, powers or privileges by such Party. Any single or partial exercise of any of its rights, powers or privileges hereunder by any Party shall not affect the exercise of any other rights, powers or privileges hereunder by such Party.



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