§1 Cooperation with colleagues of the Agent and Third Parties
Starke is entitled to appoint suitable colleagues or expert third Parties to execute legal matters. Starke’s responsibility remains unaffected. This particularly applies to the representation of the Principal in front of Chinese Courts and governmental authorities which is exclusively permittedto Chinese colleagues.
§ 2 Obligation to confidentiality
The obligation to confidentiality does not apply if the disclosure of an information protects the interest of the Principal. The Agent is also relieved from the obligation to confidentiality if he is obligated by a condition of the professional liability insurance to inform and cooperate or if he is obligated to inform the Board of Directors of the Bar Association.
The right to refuse information and statements under § 102 AO, §53 StPO, §383 ZPO remains unaffected to the aforementioned regulations. The obligation to confidentiality persists even after the termination of the contractual relations. Unless in the case of §3 Abs. 1 Satz 2, the Agent is only allowed to hand over reports, surveys and miscellaneous written statements which were drafted due to the order, with consent of the Principal.
The obligation to confidentiality applies to the staff and auxiliary force within the same scope as the agent’s.
The liability of the attorneys and advisers are limited to gross negligence and intent. The Principal is liable only with and only up to to the amount of the nominal capital of the company. In the cases of light and medium negligence liability shall be excluded.
The Principal was informed that the professional liability insurance of the authorized German attorney for legal advice does not apply outside of the European Union and therefore the insurance protection is excluded.
The disclaimer also applies for legal protection insurance which conduct direct or indirect payments towards the Agent.
The period of limitation for a damage claim of the principal against the company and the commissioned attorney is 3 years after the claim has arisen, but at the latest 3 years after termination of the order (§ 51 b BRAGO).
In accordance with § 29 Abs. 1 ZPO the place of business of a company is the place of execution and place of jurisdiction for all claims resulting out of legal relations. In accordance with § 29 BRAO the German attorneys who worked for the Agent in VR China were relieved from their office duty in Germany.
Place of business of the attorneys office of the Agent and therefore place of jurisdiction for all claims against the Agent is therefore Beijing, VR China
The liability is excluded for oral information outside of an agreed consultation or telephone information. This does not apply if the written information is confirmed with the facts of a case.
Our attorneys and consultants receive an hourly rate for their employment. Journey time shall be 50%. The working hours of other employees is decided by prior agreement. The Agent calculates in a 15 Min cycle. The agent produces a list of the accumulated hours which he transmits together with the invoicing practice.
The Principal is aware that the legal compensation in Germany may differ from the agreed compensation
The Principal is aware that opponents and insurance companies in Germany only refund the legal fees.
The Agent travels by airplane outside of Beijing and stays in 5 star hotels domestically and abroad.
The Bills from Starke are due immediately. Starke is entitled to reasonable advanced payments. The Agent agrees that the incoming sum of money first of all covers due fees and expenses. The Agent and his attorneys are exempt from the limitations of the §181 BGB.
Cost reimbursement claims and other claims of Starke against the opponent or other third parties who are obligated to reimburse are to be ceded to the Agent in the amount of the cost claims. The payer shall be informed about the cession.
§6 Cession of fee claims
The agent can cede fee claims to other attorneys. If the other person is not a licensed lawyer the agent can only cede fee claims if the claim is legally binding and the first execution was (fruitless).
§7 Right of retention of the agent
The Agent has the right to retain the reference files from the Principal until the fees are fully paid.
§8 Cooperation by the Principal
The Principal is obligated to cooperate in the execution of the contract if the proper implementation of the order requires it. The Principal shall transfer all verification, certificates and other documents which are necessary for the execution of the order that are in correlation to the attending matter of the Agent.
The Principal shall inform Starke about operational procedures and circumstances which are significant to the execution of the order.
If Starke proposes a certain measure and the Principal does not give his opinion within 1 week even though the Agent explicitly explained the meaning of silence, the silence shall be interpreted as an agreement to the proposal of the Agent and his employees.
§ 9 Deadlines
Starke is only obligated to meet the deadlines (objection, complaint, lawsuit and appeal) or the term of conclusion, if
A) A brief/notice is directly transmitted
B) The Principal received the brief or notice and provided Starke necessary documents in time and also issued a separate order application, an appeal or a lawsuit
§10 Power of attorney
The Principal shall grant Starke full power of representation. The power of attorney for a lawsuit shall only be granted to Chinese employees if the lawsuit is submitted or if it is necessary to contact Chinese authorities.
§11 Salvatoric Clause
If individual clauses are or become invalid, the validity of the remaining clauses stays unaffected. Both Parties are obligated to replace invalid clauses by regulations which follow the original purpose and are without a doubt valid. The same applies in the case of (gaps).