国际技术转让加设备进口合同
10-15 21:07:03
来源:http://www.qz26.com 技术合同 阅读:8498次
导读:6.2notwithstanding the provision of paragraph 6.1 above, in the eventthat the contract isterminatedbythebuyerduetothesupplier'sdefault, the buyer shallhavetherighttorequestthesuppliertocontinue to grantthelicenceshereunderandtosupplytheprocessinformation. in such event, the supplier shalldoorhavetheprocesslicensor so grant licences and supply the process information either i)byan assignment or novation of the agreement(s)for licences and the processinf
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
6.2notwithstanding the provision of paragraph 6.1 above, in the eventthat the contract isterminatedbythebuyerduetothesupplier'sdefault, the buyer shallhavetherighttorequestthesuppliertocontinue to grantthelicenceshereunderandtosupplytheprocessinformation. in such event, the supplier shalldoorhavetheprocesslicensor so grant licences and supply the process information either i)byan assignment or novation of the agreement(s)for licences and the processinformationbetweentheprocesslicensorandthesupplier,ii) byarranging an agreement for the licences and the process information tobeconcluded directly between the process licensor and the buyer oriii) byan agreement to be concluded between the buyer and the supplier separatelyfrom the contract.
6.3on the occasion of the terminationofthecontract,exceptincases where the licences will be continued tobegrantedinaccordancewith paragraphs 6.1 and 6.2 above:
(1)all rights and licences granted hereunder shall terminate;
(2)all the process information provided by the supplier to thebuyerand all copies thereof shall be returned to the supplier forthwith;
(3)the basic design fee shall be payable on a pro rata for thebasicdesign work performed up to the date of termination of the contract,suchcalculation being based on a fee of _________ for completionofthebasicdesign work for the process a unit;
(4)if the basic design for the process a unit (whether preliminary orfinal)has been submitted to the buyer prior to the date of termination ofthe contract, the supplier shall be entitled to receive _________ percentof the paid up licence fee from the buyer. the buyer shall pay theunpaidbalance, or, as the case may be, the supplier shall refund the excess paidby the buyer within 60 days of the date of termination of the contract;
(5)if no basic design for the process a unit hasbeensubmittedtothe buyer prior to the date of termination of the contract,thesuppliershall refund to the buyer any paid up licence fee paid by the buyer to thesupplier as at the date of termination of the contract, and
(6)the buyer's obligation under paragraph 8 below shallsurviveanytermination of the contract.
6.4if, in the twelve months following the date of termination ofthecontract, the buyer concludes a licence agreement either with the supplieror the process licensor in respect of any process(es) herebylicensed,any sum paid by the buyer as paid up licence fee under paragraph6.3(4)above shall be credited to any licence fees due under such agreement.
7.trade mark licence conditions
8.secrecy obligation conditions
appendix 7-1scope of works and supply
1.scope of works and supply (sketch)
item:_________
contents:_________
supplier's scope:_________
buyer's scopep:_________
remarks:_________
2.list of equipment
the equipment to be provided by the supplier in accordance witharticle 8.1 (scope of works)of the agreement shall be as follows:
3.list of technical documents
the technical documents to be provided by the supplier in accordancewith article 8.4 of the agreement shall be as follows:
4.training of buyer's engineers
the training of the buyer's engineers referred to in article 8.6 ofthe agreement shall be conducted in accordance with the followingconditions:
training of buyer's engineers
1.the supplier agrees to receive the buyer's engineers, includinginterpreters, for technical training within a period of _________ man daysincluding round trip traveling days at the factories in _________(country)selected by the supplier.
6.2notwithstanding the provision of paragraph 6.1 above, in the eventthat the contract isterminatedbythebuyerduetothesupplier'sdefault, the buyer shallhavetherighttorequestthesuppliertocontinue to grantthelicenceshereunderandtosupplytheprocessinformation. in such event, the supplier shalldoorhavetheprocesslicensor so grant licences and supply the process information either i)byan assignment or novation of the agreement(s)for licences and the processinformationbetweentheprocesslicensorandthesupplier,ii) byarranging an agreement for the licences and the process information tobeconcluded directly between the process licensor and the buyer oriii) byan agreement to be concluded between the buyer and the supplier separatelyfrom the contract.
6.3on the occasion of the terminationofthecontract,exceptincases where the licences will be continued tobegrantedinaccordancewith paragraphs 6.1 and 6.2 above:
(1)all rights and licences granted hereunder shall terminate;
(2)all the process information provided by the supplier to thebuyerand all copies thereof shall be returned to the supplier forthwith;
(3)the basic design fee shall be payable on a pro rata for thebasicdesign work performed up to the date of termination of the contract,suchcalculation being based on a fee of _________ for completionofthebasicdesign work for the process a unit;
(4)if the basic design for the process a unit (whether preliminary orfinal)has been submitted to the buyer prior to the date of termination ofthe contract, the supplier shall be entitled to receive _________ percentof the paid up licence fee from the buyer. the buyer shall pay theunpaidbalance, or, as the case may be, the supplier shall refund the excess paidby the buyer within 60 days of the date of termination of the contract;
(5)if no basic design for the process a unit hasbeensubmittedtothe buyer prior to the date of termination of the contract,thesuppliershall refund to the buyer any paid up licence fee paid by the buyer to thesupplier as at the date of termination of the contract, and
(6)the buyer's obligation under paragraph 8 below shallsurviveanytermination of the contract.
6.4if, in the twelve months following the date of termination ofthecontract, the buyer concludes a licence agreement either with the supplieror the process licensor in respect of any process(es) herebylicensed,any sum paid by the buyer as paid up licence fee under paragraph6.3(4)above shall be credited to any licence fees due under such agreement.
7.trade mark licence conditions
8.secrecy obligation conditions
appendix 7-1scope of works and supply
1.scope of works and supply (sketch)
item:_________
contents:_________
supplier's scope:_________
buyer's scopep:_________
remarks:_________
2.list of equipment
the equipment to be provided by the supplier in accordance witharticle 8.1 (scope of works)of the agreement shall be as follows:
3.list of technical documents
the technical documents to be provided by the supplier in accordancewith article 8.4 of the agreement shall be as follows:
4.training of buyer's engineers
the training of the buyer's engineers referred to in article 8.6 ofthe agreement shall be conducted in accordance with the followingconditions:
training of buyer's engineers
1.the supplier agrees to receive the buyer's engineers, includinginterpreters, for technical training within a period of _________ man daysincluding round trip traveling days at the factories in _________(country)selected by the supplier.
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