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1、編號:時間:2021年x月x日書山有路勤為徑,學(xué)海無涯苦作舟頁碼:第17頁 共17頁顧問合同英文版 篇一:consulting_agreement 顧問協(xié)議書 英文版 courtesy of peter b. finn, esq, senior partner, rubin and rudman llp , . consulting agreement , 200_ (the “effective date”) by and between xyz corporation, a _ corporation duly organized under law and having an usual

2、 place of business at _(hereinafter referred to as the “company”) and (hereinafter referred to as the “consultant”). whereas, the company wishes to engage the consultant to provide the services described herein and consultant agrees to provide the services for the compensation and otherwise in accor

3、dance with the terms and conditions contained in this agreement, now therefore, in consideration of the foregoing, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, accepted and agreed to, the company and the consultant, intending to be lega

4、lly bound, agree to the terms set forth below. 1. term. commencing as of the effective date, and continuing for a period of _ (_) years (the “term”), unless earlier terminated pursuant to article 4 hereof, the consultant agrees that he/she will serve as a consultant to the company. this agreement ma

5、y be renewed or extended for any period as may be agreed by the parties. 2. duties and services. (a) the “duties” or “services”). (b) consultant agrees that during the term he/she will devote up to _ (_) days per month to his/her duties. the company will periodically provide the consultant with a sc

6、hedule of the requested hours, responsibilities and deliverables for the applicable period of time. the duties will be scheduled on an as-needed basis. (c) the consultant represents and warrants to the company that he/she is under no contractual or other restrictions or obligations which are inconsi

7、stent with the execution of this agreement, or which will interfere with the performance of his/her duties. consultant represents courtesy of peter b. finn, esq, senior partner, rubin and rudman llp , . and warrants that the execution and performance of this agreement will not violate any policies o

8、r procedures of any other person or entity for which he/she performs services concurrently with those performed herein. (d) in performing the services, consultant shall comply, to the best of his/her knowledge, with all business conduct, regulatory and health and safety guidelines established by the

9、 company for any governmental authority with respect to the companys business. 3. consulting fee. (a) subject to the provisions hereof, the company shall pay consultant a consulting ($_) dollars for each hour of services provided to the company (the ting form, a listing of his/her hours, the duties

10、performed and a summary of his/her activities. the consulting fee shall be paid within fifteen (15) days of the companys receipt of the report and invoice. (b) consultant shall be entitled to prompt reimbursement for all pre-approved expenses incurred in the performance of his/her duties, upon submi

11、ssion and approval of written statements and receipts in accordance with the then regular procedures of the company. (c) the consultant agrees that all services will be rendered by him/her as an independent contractor and that this agreement does not create an employer-employee relationship between

12、the consultant and the company. the consultant shall have no right to receive any employee benefits including, but not limited to, health and accident insurance, life insurance, sick leave and/or vacation. consultant agrees to pay all taxes including, self-employment taxes due in respect of the cons

13、ulting fee and to indemnify the company in the event the company is required to pay any such taxes on behalf of the consultant. 4. early termination of the term. (a) if the consultant voluntarily ceases performing his/her duties, becomes physically or mentally unable to perform his/her duties, or is

14、 terminated for cause, then, in each instance, the consulting fee shall cease and terminate as of such date. any termination “for cause” shall be made in good faith by the companys board of directors. (b) this agreement may be terminated without cause by either party upon not less than thirty (30) d

15、ays prior written notice by either party to the other. (c) upon termination under sections 4(a) or 4(b), neither party shall have any further obligations under this agreement, except for the obligations which by their terms survive this termination as noted in section 16 hereof. upon termination and

16、, in any case, upon the courtesy of peter b. finn, esq, senior partner, rubin and rudman llp , . companys request, the consultant shall return immediately to the company all confidential information, as hereinafter defined, and copies thereof. 5. restricted activities. during the term and for a peri

17、od of one (1) year thereafter, consultant will not, directly or indirectly: (i) solicit or request any employee of or consultant to the company to leave the employ of or cease consulting for the company; (ii) solicit or request any employee of or consultant to the company to join the employ of, or b

18、egin consulting for, any inpidual or entity that researches, develops, markets or sells products that compete with those of the company; (iii) solicit or request any inpidual or entity that researches, develops, markets or sells products that compete with those of the company, to employ or retain as

19、 a consultant any employee or consultant of the company; or (iv) induce or attempt to induce any supplier or vendor of the company to terminate or breach any written or oral agreement or understanding with the company. 6. proprietary rights. (a) for the purposes of this article 6, the terms set fort

20、h below shall have the following meanings: (i) to consultant or which are first developed by consultant during the course of the performance of services hereunder and which relate to the company present, past or prospective business activities, services, and products, all of which shall remain the s

21、ole and exclusive property of the company. the consultant shall have no publication rights and all of the same shall belong exclusively to the company. (ii) for the purposes of this agreement, confidential information shall mean and collectively include: all information relating to the business, pla

22、ns and/or technology of the company including, but not limited to technical information including inventions, methods, plans, processes, specifications, characteristics, assays, raw data, scientific preclinical or clinical data, records, databases, formulations, clinical protocols, equipment design,

23、 know-how, experience, and trade secrets; developmental, marketing, sales, customer, supplier, consulting relationship information, operating, performance, and cost information; computer programming techniques whether in tangible or intangible form, and all record bearing media courtesy of peter b.

24、finn, esq, senior partner, rubin and rudman llp , . containing or disclosing the foregoing information and techniques including, written business plans, patents and patent applications, grant applications, notes, and memoranda, whether in writing or presented, stored or maintained in or by electroni

25、c, magnetic, or other means. notwithstanding the foregoing, the term “confidential information” shall not include any information which: (a) can be demonstrated to have been in the public domain or was publicly known or available prior to the date of the disclosure to consultant; (b) can be demonstr

26、ated in writing to have been rightfully in the possession of consultant prior to the disclosure of such information to consultant by the company; (c) becomes part of the public domain or publicly known or available by publication or otherwise, not due to any unauthorized act or omission on the part

27、of consultant; or (d) is supplied to consultant by a third party without binder of secrecy, so long as that such third party has no obligation to the company or any of its affiliated companies to maintain such information in confidence. (b) except as required by consultants duties, consultant shall

28、not, at any time now or in the future, directly or indirectly, use, publish, disseminate or otherwise disclose any confidential information, concepts, or ideas to any third party without the prior written consent of the company which consent may be denied in each instance and all of the same, togeth

29、er with publication rights, shall belong exclusively to the company. (c) all documents, diskettes, tapes, procedural manuals, guides, specifications, plans, drawings, designs and similar materials, lists of present, past or prospective customers, customer proposals, invitations to submit proposals,

30、price lists and data relating to the pricing of the company products and services, records, notebooks and all other materials containing confidential information or information about concepts or ideas (including all copies and reproductions thereof), that come into consultants possession or control

31、by reason of consultants performance of the relationship, whether prepared by consultant or others: (a) are the property of the company, (b) will not be used by consultant in any way other than in connection with the performance of his/her duties, (c) will not be provided or shown to any third party

32、 by consultant, (d) will not be removed from the companys or consultants premises (except as consultants duties require), and (e) at the termination (for whatever reason), of consultants relationship with the company, will be left with, or forthwith returned by consultant to the company. (d) the con

33、sultant agrees that the company is and shall remain the exclusive owner of the confidential information and concepts and ideas. any interest in patents, patent applications, inventions, technological innovations, trade names, trademarks, service marks, copyrights, copyrightable works, developments,

34、discoveries, designs, processes, formulas, courtesy of peter b. finn, esq, senior partner, rubin and rudman llp , . know-how, data and analysis, whether registrable or not (“developments”), which consultant, as a result of rendering services to the company under this agreement, may conceive or devel

35、op, shall: (i) forthwith be brought to the attention of the company by consultant and (ii) belong exclusively to the company. no license or conveyance of any such rights to the consultant is granted or implied under this agreement. (e) the consultant hereby assigns and, to the extent any such assign

36、ment cannot be made at present, hereby agrees to assign to the company, without further compensation, all of his/her right, title and interest in and to all concepts, ideas, and developments. the consultant will execute all documents and perform all lawful acts which the company considers necessary

37、or advisable to secure its rights hereunder and to carry out the intent of this agreement. 7. equitable relief. consultant agrees that any breach of articles 5 and 6 above by him/her would cause irreparable damage to the company and that, in the event of such breach, the company shall have, in addit

38、ion to any and all remedies of law, the right to an injunction, specific performance or other equitable relief to prevent the violation or threatened violation of consultants obligations hereunder. 8. waiver. any waiver by the company of a breach of any provision of this agreement shall not operate

39、or be construed as a waiver of any subsequent breach of the same or any other provision hereof. all waivers by the company shall be in writing. 9. severability; reformation. in case any one or more of the provisions or parts of a provision contained in this agreement shall, for any reason, be held t

40、o be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision or part of a provision of this agreement; and this agreement shall, to the fullest extent lawful, be reformed and construed as if such invalid or illegal or une

41、nforceable provision, or part of a provision, had never been contained herein, and such provision or part reformed so that it would be valid, legal and enforceable to the maximum extent possible. without limiting the foregoing, if any provision (or part of provision) contained in this agreement shal

42、l for any reason be held to be excessively broad as to duration, activity or subject, it shall be construed by limiting and reducing it, so as to be enforceable to the fullest extent compatible with then existing applicable law. 10. assignment. the company shall have the right to assign its rights a

43、nd obligations under this agreement to a party which assumes the company obligations hereunder. consultant shall not have the right to assign his/her rights or obligations under this agreement without the prior written consent of the company. this agreement shall be binding upon and inure to the ben

44、efit of the consultants heirs and legal representatives in the event of his/her death or disability. 篇二:法律顧問合同英文版 retaining contract 法律顧問合同 by and between 簽約方 client 當(dāng)事人 and chongqing guangxian law offices 重慶廣賢律師事務(wù)所 november, 20xx二o一三年十一月 目錄 1. the parties 締約方 . 3 2. backgrounds締約基礎(chǔ) . 3 3. services

45、rendered服務(wù)內(nèi)容與責(zé)任 . 4 4. litigation or arbitration service訴訟和仲裁服務(wù) . 5 5. obligations of client當(dāng)事人的義務(wù) . 6 6. fee and payment顧問費用與支付 . 6 7. work implementation 工作方式 . 7 8. remedies 違約責(zé)任 . 7 9. supplementary agreements 補充協(xié)議 . 8 10. miscellaneous一般約定 . 8 retaining contract 法律顧問合同 contract number: 合同號 1. t

46、he parties 締約方 peoples republic of china as of is entered into by and between:本服務(wù)合同(以下簡稱合同)于20xx年11月6日在中華人民共和國重慶市由以下雙方訂立: 1.1. (“client”) 重慶當(dāng)事人(以下簡稱當(dāng)事人) and 和 1.2. chongqing guangxian law offices (“guangxian”), a recorded law firm underlaws of peoples republic of china of which address is 162 3rd zh

47、ongshan lu, eich intl plaza 16/f, yuzhong district, chongqing, 400015, peoples republic of china重慶廣賢律師事務(wù)所(以下簡稱廣賢),系根據(jù)中華人民共和國法律成立的注冊律師事務(wù)所,地址位于重慶市渝中區(qū)中山三路162號中安國際大廈16層,郵編:400015 1.3. client and guangxian shall hereinafter be referred to inpidually as the “party”and collectively as the”parties”. 當(dāng)事人和廣賢可

48、單獨稱為“一方”,合稱為“雙方”。 2. backgrounds締約基礎(chǔ) 2.1. in accordance with the lawyers act and contract act of the peoples republic of china, client engages guangxian as its retained attorneys to deal with legal affairs in its business operation.根據(jù)中華人民共和國律師法和中華人民共和國合同法,當(dāng)事人聘請廣賢處理法 法律事項。 2.2. guangxian agrees to ac

49、cept such engagement as stipulated in the last paragraph. 廣賢同意接受前述聘請。 inwitness therefore, the parties hereby agree as follows: 為此,雙方特此訂立如下條款: 3. services rendered by guangxian to client 廣賢的服務(wù)內(nèi)容與責(zé)任 3.1. important contract review or draft重大合同審查或起草 according to clients request guangxian shall legally

50、review or draft contract documents for any kind of routine business including but not limited to the guarantee contract, loan contract, construction contract, technology contract, intellectual property transfer or license contract, materials procurement contract, product sales agreement, service con

51、tract, labor contract etc. for client without specialized project contract;應(yīng)當(dāng)事人要求,對當(dāng)事人擬簽訂各類重要合同,包括但不限于擔(dān)保合同、貸款合同、建設(shè)工程合同、技術(shù)合同、知識產(chǎn)權(quán)轉(zhuǎn)讓、許可使用合同、物資的采購協(xié)議、產(chǎn)品經(jīng)銷協(xié)議、產(chǎn)品服務(wù)協(xié)議、勞動合同、勞務(wù)合同,進(jìn)行法律審查或起草合同文本,但屬于專項法律服務(wù)內(nèi)容的除外; 3.2. internal rules and regulations review 制度審查 according to clients request guangxian shall review

52、any important internal rules and regulations relevant to its employees, sales contributor, supplier or based on any legal or regulatory rules including environmental protection, fire fighting, accounting or financial issues;應(yīng)當(dāng)事人要求,就當(dāng)事人內(nèi)容涉及當(dāng)事人與其員工、經(jīng)銷商、供應(yīng)商或根據(jù)法律法規(guī)或監(jiān)管規(guī)則(例如:環(huán)境法規(guī)、消防法規(guī)、會計法或會計規(guī)則、財政稅法等)要求建立的

53、,重要規(guī)章制度進(jìn)行法律審查。 3.3. attorneys opinions 法律意見 according to clients request, guangxian shall submit opinions for any issue revolved in clients business and internal management. 應(yīng)當(dāng)事人要求,就當(dāng)事人業(yè)務(wù)活動和內(nèi)部經(jīng)營管理中涉及的法律問題提供法律意見。 3.4. attorneys letter發(fā)出律師函 according to clients request, to resolve all relevant dispute

54、s of both internal and outside business with attorneys letter to clients debtor or relevant party. 應(yīng)當(dāng)事人要求,就當(dāng)事人在業(yè)務(wù)活動及內(nèi)部經(jīng)營管理活動中出現(xiàn)的各類糾紛提供咨詢意見或建議,發(fā)出律師函。 3.5. legal training法律知識培訓(xùn) in accordance with clients request, guangxian shall provide legal training for clients relevant employees.應(yīng)當(dāng)事人要求,對當(dāng)事人的相關(guān)人員進(jìn)行法律知識和運用技巧的培訓(xùn)或舉辦法律講座。 3.6. documents legal review文件的法律審查 in accordance with clients request, review or draft any documents with legal binding

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