国际技术转让加设备进口合同
10-15 21:07:03
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导读:39.1.3in the event of termination of the contract under article 39.1.1 above, the buyer shall pay to the supplier the following amounts:(a)the contract price properly attributable to the parts of the worksexecuted by the supplier as at the date of termination; and(b)the costs reasonably incurred by the supplier in the repatriationof the supplier's and its sub-contractors' engineer; and(c)any amounts to be paid by the supplier to its sub- contractor
国际技术转让加设备进口合同,标签:技术开发合同,技术咨询合同,http://www.qz26.com
39.1.3in the event of termination of the contract under article 39.1.1 above, the buyer shall pay to the supplier the following amounts:
(a)the contract price properly attributable to the parts of the worksexecuted by the supplier as at the date of termination; and
(b)the costs reasonably incurred by the supplier in the repatriationof the supplier's and its sub-contractors' engineer; and
(c)any amounts to be paid by the supplier to its sub- contractors inconnection with the termination of any sub- contracts, including anycancellation charges; and
(d)the costs incurred by the supplier in protecting the works; and
(e)the reasonable amount of profit for the parts of the works notexecuted by the supplier as at the date of termination; and
(f)the cost of satisfying all other obligations, commitments andclaims which the supplier may in good faith have undertaken with thirdparties in connection with the contract and which are not covered byparagraphs (a)through (d)above.
39.2termination for supplier's default
39.2.1the buyer, without prejudice to any other rights or remedies itmay possess, may terminate the contract forthwith in the followingcircumstances by giving a notice of termination to the supplier referringto this article 39.2 and its reasons for termination:
(a)if the supplier becomes bankrupt or insolvent, or has a receivingorder issued against it, or compounds with its creditors, or, being acorporation, a resolution is passed or order is made for its winding up(other than a voluntary liquidation for the purposes of amalgamation orreconstruction)or a receiver is appointed over any part ofitsundertaking or assets, or if the supplier takes or suffers any otheranalogous action in consequence of debt; or
(b)if the supplier shall assign or transfer the contract or any rightor interest therein in violation of the provision of article 40(assignment)hereof.
39.2.2if the supplier:
(a)has abandoned or repudiated the contract; or
(b)has without valid reason failed to commence the works promptly orhas suspended (other than pursuant to article 38.2 hereof)the progress ofthe works for more than twenty-eight (28)days after receiving a writteninstruction from the buyer to proceed; or
(c)hall persistently fail to execute the works in accordance withthe contract or persistently neglect to carry out its obligations underthe contract without due cause; or
(d)hall refuse or be unable to provide sufficient materials,services or labor to execute and complete the works in the mannerspecified in the program furnished under article 14 (work program)hereofat rates of progress that give reasonable assurance to the buyer that thesupplier can deliver the equipment by the time for delivery as extended;
then the buyer may, without prejudice to any other rights it maypossess under the contract, give a notice to the supplier stating thenature of the default, and requiring the supplier to remedy the same. ifthe supplier fails to remedy or to take steps to remedy the same withinfourteen (14)days of its receipt of such notice, then the buyer mayterminate the contract forthwith by giving a notice of termination to thesupplier which refers to this article 39.2.
39.2.3upon receipt of the notice of termination under article 39.2.1or article 39.2.2 above, the supplier shall either immediately or uponsuch date as is specified in the notice of termination:
39.1.3in the event of termination of the contract under article 39.1.1 above, the buyer shall pay to the supplier the following amounts:
(a)the contract price properly attributable to the parts of the worksexecuted by the supplier as at the date of termination; and
(b)the costs reasonably incurred by the supplier in the repatriationof the supplier's and its sub-contractors' engineer; and
(c)any amounts to be paid by the supplier to its sub- contractors inconnection with the termination of any sub- contracts, including anycancellation charges; and
(d)the costs incurred by the supplier in protecting the works; and
(e)the reasonable amount of profit for the parts of the works notexecuted by the supplier as at the date of termination; and
(f)the cost of satisfying all other obligations, commitments andclaims which the supplier may in good faith have undertaken with thirdparties in connection with the contract and which are not covered byparagraphs (a)through (d)above.
39.2termination for supplier's default
39.2.1the buyer, without prejudice to any other rights or remedies itmay possess, may terminate the contract forthwith in the followingcircumstances by giving a notice of termination to the supplier referringto this article 39.2 and its reasons for termination:
(a)if the supplier becomes bankrupt or insolvent, or has a receivingorder issued against it, or compounds with its creditors, or, being acorporation, a resolution is passed or order is made for its winding up(other than a voluntary liquidation for the purposes of amalgamation orreconstruction)or a receiver is appointed over any part ofitsundertaking or assets, or if the supplier takes or suffers any otheranalogous action in consequence of debt; or
(b)if the supplier shall assign or transfer the contract or any rightor interest therein in violation of the provision of article 40(assignment)hereof.
39.2.2if the supplier:
(a)has abandoned or repudiated the contract; or
(b)has without valid reason failed to commence the works promptly orhas suspended (other than pursuant to article 38.2 hereof)the progress ofthe works for more than twenty-eight (28)days after receiving a writteninstruction from the buyer to proceed; or
(c)hall persistently fail to execute the works in accordance withthe contract or persistently neglect to carry out its obligations underthe contract without due cause; or
(d)hall refuse or be unable to provide sufficient materials,services or labor to execute and complete the works in the mannerspecified in the program furnished under article 14 (work program)hereofat rates of progress that give reasonable assurance to the buyer that thesupplier can deliver the equipment by the time for delivery as extended;
then the buyer may, without prejudice to any other rights it maypossess under the contract, give a notice to the supplier stating thenature of the default, and requiring the supplier to remedy the same. ifthe supplier fails to remedy or to take steps to remedy the same withinfourteen (14)days of its receipt of such notice, then the buyer mayterminate the contract forthwith by giving a notice of termination to thesupplier which refers to this article 39.2.
39.2.3upon receipt of the notice of termination under article 39.2.1or article 39.2.2 above, the supplier shall either immediately or uponsuch date as is specified in the notice of termination:
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