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recording, videotaping or shooting during the proceedings and enforcement of the arbitral then applied for the next auction.
auction). The Company has confidentiality award, including the costs of the arbitration (25.6)Any remedies provided for in the Bidders
obligations on the said information. The tribunal or the court, legal fees, expert fees, Registration Form, Absentee Bids Registration
Company shall not disclose such information to witness fees, travel expenses, etc. already Form, Telephone Bidding Registration Form and
any third parties before obtaining the consent confirmed as reasonable by the arbitration these Conditions (and the documents stated
of the person providing such information tribunal or the court. therein), shall not exclude any other remedies
except in the following circumstances:
provided under the laws, regulations or rules.
1. Disclosures of information for the purpose A Party’s choice of one or several types of
of operating auctions and other related 24. NOTICES remedies shall not constitute a waiver by that
businesses to the Company’s branch Party of any other rights under other remedies.
offices, subsidiaries parent companies (25.7)Where the Company has given any grace
or third parties engaged to provide (24.1)Any notices, re ques t s or other period to or tolerance of the other Party(ies)
necessary services to the auctions and its communications in connection with the Bidders (in this Clause referred as “the Counterparty”)
related businesses (such as transportation Registration Form, Absentee Bids Registration for his breach of the Bidders Registration Form,
companies); Form, Telephone Bidding Registration Form Absentee Bids Registration Form, Telephone
and these Conditions (and the documents
2. Disclosures of information in accordance stated therein) shall be made in writing, and be Bidding Registration Form and these Conditions
with and to the extent required by the delivered or sent to the address, fax number (and the documents stated therein) or has
instructions, orders or judgments of or e-mail address of the relevant Party(ies) as omitted to take immediate legal actions, request
authorities with competent jurisdiction contained in the Bidders Registration Form for compensation or remedies immediately,
(including the tax authorities) or the (or such other address, fax number or e-mail such action or non-action by the Company
courts; or address given by the receiving Party(ies) to the shall not be deemed as a waiver or concession
3. Disclosures of information by the other Party(ies) 10 working days in advance). of that Party on demanding the Counterparty
to fully perform the said documents or to
Company to its professional advisers (24.2)Any notices, reques t s or other
for its decision- making, management, communications made in accordance with this fully compensate that Party. If a Party waives
credit, financial or business analysis or Clause shall be deemed to have been served : or concedes to less right under the said
documents, it shall do so in writing to give
consolidated financial statements.
1. If delivered by courier, when it has been binding effect to such waiver.
delivered to the relevant Party(ies)’s address; (25.8)f there is any specific stipulation in
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22. COPYRIGHT 2. If sent by post, the 7th day following the the Bidders Registration Form, Absentee
posting day; Bids Registration Form, Telephone Bidding
Registration Form and these Conditions (and
3. If sent by facsimile transmission, when the
T
(22.1)he Company is the copyright owner transmission confirmation report is generated; the documents stated therein) in relation to
of the Bidders Registration Form, Absentee the time limit for performance of an obligation,
Bids Registration Form, Telephone Bidding 4. If sent by e-mail, when the e-mail was sent. the relevant Party shall perform that obligation
Registration Form, these Conditions, as well as punctually. Otherwise, the Party shall be
the photographs taken on the Auction Articles deemed as in default.
and Catalogues, reports, documents, video (25.9)The right of interpretation of the Bidders
products or other promotion materials prepared 25. GENERAL PROVISIONS Registration Form, Absentee Bids Registration
and all the contents of the aforesaid. Without Form, Telephone Bidding Registration Form and
the consent of the Company, no person shall these Conditions belong to Tokyo Chuo Auction
copy, store, transmit or otherwise make use (25.1)Unless with the prior written consent Hongkong Company Limited.
of the aforesaid articles to exploit commercial of the other Parties, no Party shall transfer,
benefits. authorize other persons any of that Party’s
rights, interests, obligations or responsibilities Date of this version: September 2022
under the Bidders Registration Form, Absentee
23. DISPUTES RESOLUTION Bids Registration Form, Telephone Bidding
Registration Form and these Conditions (and
the documents stated therein).
(23.1)The Laws of Hong Kong are applicable
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in the execution, validity, interpretation, (25.2)f any Clause of the Bidders Registration
per formance and dispute resolution of Form, Absentee Bids Registration Form,
the Bidders Registration Form, Absentee Telephone Bidding Registration Form and these
Bids Registration Form, Telephone Bidding Conditions (and the documents stated therein)
Registration Form and these Conditions (and is adjudicated to be invalid or unenforceable
documents referred therein). under the law, the remaining Clauses of the
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(23.2)n the event that disputes arise from the said documents shall not be affected, and shall
remain effective and enforceable.
execution, validity, interpretation, enforcement
or breaches of the Bidders Registration Form, (25.3)The Bidders Registration Form, Absentee
Absentee Bids Registration Form, Telephone Bids Registration Form, Telephone Bidding
Bidding Registration Form and these Conditions, Registration Form and these Conditions (and the
the Parties shall first settle the disputes through documents stated therein) become effective
discussion. If such disputes cannot be resolved upon the date of signing of the Bidders
one month after their occurrence, either of Registration Form by the Bidder and shall
Parties can submit the disputes to the Hong continue to remain effective.
Kong International Arbitration Centre for (25.4)Each of the Bidders Registration Form,
arbitration in Hong Kong in accordance with the Absentee Bids Registration Form, Telephone
HKIAC Administered Arbitration Rules (2013). Bidding Registration Form and these Conditions
(23.3)The arbitral award shall be final and (and the documents stated therein) is in both
conclusive and binding on the Parties. The English and Chinese. The Chinese translation
arbitral award can be enforced in the courts or is for reference only. If there is inconsistency
judicial authorities at where the losing Party or between the English and the Chinese versions,
where such Party’s assets are located. the English version shall prevail.
(23.4)The losing Party of the said arbitration (25.5)There Conditions are only applicable to
shall be responsible for all the related expenses this auction. The Company may update these
incurred by the prevailing Par ty(ies) in Conditions from time to time. Bidders and
connection with undergoing the arbitration Purchasers shall refer to the Conditions of Sale
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