国际技术转让加设备进口合同

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
（a）cease all further works， except for such work as the buyer mayspecify in the notice of termination for the sole purpose of protectingthat part of the works already executed; and
（b）terminate all sub-contracts， except those to be assigned to thebuyer pursuant to paragraph （d）below; and
（c）deliver to the buyer the parts of the works executed by thesupplier up to the date of termination; and
（d）to the extent legally possible assign to the buyer all right，title and benefit of the supplier to the works and in the equipment as atthe date of termination， and， as may be required by the buyer， in anysub-contracts concluded between the supplier and its sub-contractors; and
（e）deliver to the buyer all drawings， specifications and otherdocuments prepared by the supplier or its sub-contractors as at the dateof termination in connection with the works.
39.2.4the buyer may expel the supplier from the contract plant andthe buyer may complete the works itself or by employing any third party.
39.2.5subject to article 39.2.6 below， the supplier shall be entitledto be paid the contract price attributable to the works executed as at thedate of termination and the costs， if any， incurred in protecting theworks. any sums due to the buyer from the supplier accruing prior to thedate of termination shall be deducted from the amount to be paid to thesupplier under this contract.
39.2.6if the buyer completes the works， the cost of completing theworks by the buyer shall be determined.
if the sum which the supplier is entitled to be paid pursuant toarticle 39.2.5 above， plus the reasonable costs incurred by the buyer incompleting the works exceeds the contract price， the supplier shall beliable for such excess.
if such excess is greater than the sums due to the supplier underarticle 39.2.5 above， the supplier shall pay the balance to the buyer， andif such excess is less than the sums due to the supplier under the saidarticle 39.2.5， the buyer shall pay the balance to the supplier. the buyerand the supplier shall agree in writing the computation described aboveand the manner in which any sums shall be paid.
39.3termination by supplier
39.3.1if:
（a）the buyer has failed to pay the supplier any sum due under thecontract within the specified period; or has failed to approve any invoiceor supporting documents without due cause or amend the letter of creditand the letter of guarantee delivered to the supplier pursuant to article13 （terms of payment）hereof， or commits a substantial breach of thecontract， the supplier may give a notice to the buyer requiring payment ofsuch sum， with interest thereon as stipulated in article 13.4 hereof， orrequiring approval of such invoice or supporting documents or theamendment of such letter of credit and such letter of guarantee orspecifying the breach and requiring the buyer to remedy the same， as thecase may be. if the buyer fails to pay such sum together with suchinterest or fails to approve such invoice or supporting documents or giveits reasons for withholding such approval or amend such letter of creditand such letter of guarantee or fails to remedy the breach or take stepsto remedy the breach within fourteen （14）days after receipt of thesupplier's notice; or
（b）the supplier is unable to carry out any of its obligations underthe contract for any reason attributable to the buyer， including but notlimited to the buyer's failure to obtain any governmental permit necessaryfor the execution and/or completion of the works，then the supplier may give a notice to the buyer thereof and if thebuyer has failed to pay the outstanding sum or to approve the invoice orsupporting documents or amend the letter of credit and the letter ofguarantee， or to give its reasons for withholding such approval or toremedy the breach within twenty-eight （28）days of such notice or if thesupplier is still unable to carry out any of its obligations under thecontract for any reason attributable to the buyer within twenty-eight （28)days of the said notice， the supplier may by a further notice to the buyerwhich refers to this article 39.3.1 forthwith terminate the contract.

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