概要:9.3 The Licensee shall have the right to use the technical know - how and the Technical Documentations and Software supplied by Licensor to design, manufacture and sell the Contract Products after the termination of the Contract.ARTICLE 10 TAXES AND DUTIES 10.1 ALL taxes and duties in connection with and in the execu-tion of the Contract to be levied by the Government of the PRC on the Licensee in accordance with the Chinese tax laws and regulations in effect shall be paid by the Li-ce
License Contract of the Transfer of Technology,标签:合同样本,劳动合同范本,http://www.kgf8.com9.3 The Licensee shall have the right to use the technical know - how and the Technical Documentations and Software supplied by Licensor to design, manufacture and sell the Contract Products after the termination of the Contract.
ARTICLE 10 TAXES AND DUTIES
10.1 ALL taxes and duties in connection with and in the execu-tion of the Contract to be levied by the Government of the PRC on the Licensee in accordance with the Chinese tax laws and regulations in effect shall be paid by the Li-censee.
10.2 All the taxes and duties in connection with and in the exe-cution of the Contract to be levied by the Government of the PRC on the Licensor in accordance with the tax laws in effect and the "Agreement between the Government of the People's Republic of China and the Government of Federal Republic of Germany for the Reciprocal Avoidance of Dou-ble Taxation and the Provention of Fiscal Evasion with re-spect to Taxes on Income and Property" shall be borne by the Licensor.
10.3 All the taxes and duties in connection with and in thee exe-cution of the Contract to be levied outside the PRC shall be paid by the Licensor.
ARTICLE 11 PERFORMANCE BOND
11.1 The Licensor shall, within thirty (30) calendar days after signing of the Contract, furnish a Performance Bond to the Licensee,issued by the Bank of China ,Beijing against the counter-guaranteeissued by a foreign bank to the Bank of China ,Bejing; in the amount of the (10) percent of the total Contract Price. The Performance Bond shall remain valid until the acceptance of the Contract Products and ex-piration of the guarantee period of the Contract Equip-ment.
11.2 The Performance Bond shall be furnished by the Licensor by a Bank Guarantee in the form as stipulated in Annex _______- to the Contract.The cost thereof shall be borne by the Licensor.
11.3 In case the Licensor fails to perform any of his obligations under the Contract, the Licensee shall have the right to have a recourse from the Performance Bond.
ARTICLE 12 FORCE MAJEURE
12.1 If either of the contracting parties is prevented from execut-ing the Contract by such cases of force majeure as war, seri-ous flood, fire, typhoon and earthquake or other cases which are agreed upon by both parties as cases of force majeure, the time for performance of the Contract shall be extended by a period equivalent to the effect of such cases.
12.2 The affected party shall notify the other party of cases of force majeure occurred by telex, cable or fax as soon as possible and shall send by registered airmail, within 14(fourteen) days thereafter, a certifcate issued by the au-thority or department concerned to the other party for con-firmairon.
12.3 Should the effect of the force majeure cases last for more than 120(one hundred and twenty) days, both parties shall settle the problem of further execution of the Contract through friendly consultation as soon as possible.
ARTICLE 13 SETTLEMENT OF DISPUTES
13.1 All the disputes in connection with or in the execution of the Contract shall be settled by both Parties through friendly consultations. In case no settlement to the dis-putes can be reached by both Parties through friendly con-sultations,the disputes shall be settled through arbitra-tion.
13.2 The arbitration shall take place in Stockholm, Sweden, and be conducted by the Arbitration Institute of Chamber of Commerce in Stockholm according to the provisional proce-dures and rules of the said Arbitration Commission.
13.3 The arbitration award shall be final and binding on both Parties.
13.4 The arbitration fee shall be borne by the losing party, ex-cept as otherwise awarded by the said Arbitration Commis-sion.
13.5 In course of arbitration, both parties shall continue to exe-cute the Contract except the part of the Contract which is under arbitration.
ARTICLE 14 EFFECTIVENESS OF THE CONTRACT AND MISCELLANEOUS
14.1 This Contract is signed by the authorized representatives of both parties on ______ in Beijing. Both parties shall file ap-plications with their respective governments for ratification of the Contract, if required. The date of effectiveness of the Contract shall be the date of last happening of the follow-ings:
A.Ratification of the Contract from the last party.
B.Approval of the Contract by the World Bank.
C.The Licensee's receipt of the Performance Bond.
Both parties shall do their utmost to obtain the ratification,and shall advise the other party by telex or fax and send a letter for confirmation.
14.2 If the Contract cannot come into force within 6 (six) months after the date of signing the Contract, both parties shall have the right to cancel the Contract.
14.3 The Contract shall be in force for 5 years from the effective date of the Contract. After the expiration of its term of va-lidity, the Contract shall automatically become null and void.
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