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
39.3.2the supplier may terminate the contract forthwith by giving anotice to the buyer to that effect and which refers to this article 39.3.2if the buyer becomes bankrupt or insolvent， or has a receiving orderissued against it， or compounds with its creditors， or， beingacorporation， 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 of itsundertaking or assets or if the buyer takes or suffers any other analogousaction in consequence of debt.
39.3.3if the contract is terminated under article 39.3.1 or article
39.3.2 above， then the supplier shall immediately:
（a）cease all further works， except for such work as may be necessaryfor the purpose of protecting that part of the works already executed; and
（b）terminate all sub-contracts， except those to be assigned to thebuyer pursuant to paragraph （d）（ii）below; and
（c）repatriate the supplier's engineer and its sub-contractors'personnel from the contract plant; and
（d）ubject to the payment specified in article 39.3.4 below:（i）deliver to the buyer the parts of the works executed by thesupplier up to the date of termination; andii）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（iii）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.
39.3.4if the contract is terminated under article 39.3.1 or article39.3.2 above， the buyer shall pay to the supplier all payments specifiedin article 39.3.3 above and reasonable compensation for all loss or damagesustained by the supplier arising out of， in connection with or inconsequence of such termination.
39.3.5termination by the supplier pursuant to this article 39. 3 iswithout prejudice to any other rights or remedies of the supplier whichmay be exercised in lieu of or in addition to the rights conferred by thisarticle 39.3.
39.4in this article 39， the expression "works executed" shall includeall work executed， services provided and all equipment acquired （orsubject to a legally binding obligation to purchase）by the supplier andused or intended to be used for the purpose of the works， up to andincluding the date of termination.
39.5in this article 39， in calculating any monies due from the buyerto the supplier， due account shall be taken of any sum previously paid bythe buyer to the supplier under the contract including any advance paymentpaid pursuant to appendix 2 （payment terms）hereto.
39.6if the contract is terminatedbyeitherparty，thennotwithstanding anything to the contrary provided in this article 39， therights and obligations of the buyer and the supplier in respect of theprocess licence granted under article 16.1 hereof shall be subject to theconditions specified in appendix 6 （licence conditions）hereto.
article 40.assignment
neither the buyer nor the supplier shall without the express priorwritten consent of the other （which consent shall not be unreasonablywithheld）assign to any third party the contract or any part thereof， orany right， benefit， obligation or interest therein or thereunder， exceptthat the supplier shall be entitled to assign either absolutely or by wayof charge any monies due and payable to it or which may become due andpayable to it under the contract.

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