中外合作經(jīng)營合同范本模板

1、 最新版律師修訂版協(xié)議合同 對外加工貿(mào)易-中外合作經(jīng)營合同范本(3)THE CONTRACT FOR SINO-FOREIGN COOPERATIVE JOINT VENTUREChapter 17 Liability for Breach of ContractArticle 42 Should the cooperative venture company be unable tocontinue itsoperation or achieve its business purpose due to the factthat one of thecontracting parties fa

2、ils to fulfil the obligationsprescribed by thecontract and articles of association, or seriouslyviolates the provisionsof the contract and articles of association,that party shall be deemed tohave unilaterally terminated thecontract. The other party shall have theright to terminate thecontract in ac

3、cordance with the provisions of thecontract afterapproval by the original examination and approvalauthority, and toclaim damages. In case Party A and Party B of thecooperative venturecompany agree to continue the operation, the party whofails to fulfilits obligations shall be liable for the economic

4、 lossescaused therebyto the joint venture company.Article 43 Should either Party A or Party B fail to provide onschedule thecontributions in accordance with the provisions definedin Chapter 5 ofthis contract, the party in breach shall pay to theother party_Yuan, or _% of the contribution startingfro

5、m the firstmonth after exceeding the time limit. Should the partyin breach fail toprovide after _months, _Yuan, or_% of thecontribution shall be paid to the other party, whoshall have the right toterminate the contract and to claim damagesfrom the party in breach inaccordance with the provisions of

6、Article42 of the contract.Article 44 Should all or part of the contract and its appendicesbe unable to befulfilled owing to the fault of one party, the partyin breach shall bearthe liability therefor. Should it be the fault ofboth parties, they shallbear their respective liabilities accordingto the

7、actual situation.Article 45 In order to guarantee the performance of the contractand itsappendices, both Party A and Party B shall provide each otherwith bankguarantees for performance of the contract within_days after thecontract comes into force.Chapter 18 Force Majeure Article 46 Should either of

8、 the parties to the contract beprevented fromexecuting the contract by force majeure, such asearthquake, typhoon,flood, fire, war or other unforeseen events, andtheir occurrence andconsequences are unpreventable and unavoidable,the prevented party shallnotify the other party by telegram withoutany d

9、elay, and within 15 daysthereafter provide detailed informationof the events and a valid documentfor evidence issued by the relevantpublic notary organization explainingthe reason of its inability toexecute or delay the execution of all orpart of the contract. Bothparties shall, through consultation

10、s, decidewhether to terminate thecontract or to exempt part of the obligations forimplementation ofthe contract or whether to delay the execution of thecontractaccording to the effects of the events on the performance ofthecontract.Chapter 19 Applicable LawArticle 47 The formation, validity, interpr

11、etation, execution andsettlement ofdisputes in respect of, this contract shall be governedby the relevantlaws of the Peoples Republic of China.Chapter 20 Settlement of DisputesArticle 48 Any disputes arising from the execution of, or inconnection with, thecontract shall be settled through friendlyco

12、nsultations between bothparties. In case no settlement can bereached through consultations, thedisputes shall be submitted to theForeign Economic and Trade ArbitrationCommission of the China Councilfor the Promotion of International Tradefor arbitration in accordancewith its rules of procedure. The

13、arbitralaward is final and bindingupon both parties.Article 49 During the arbitration, the contract shall be observedand enforced byboth parties except for the matters in dispute.Chapter 21 LanguageArticle 50 The contract shall be written in Chinese and in_. Bothlanguage versions are equally authent

14、ic. In theevent of any discrepancybetween the two aforementioned versions, theChinese version shallprevail.Chapter 22 Effectiveness of the Contract and Miscellaneous Article 51 The appendices drawn up in accordance with theprinciples of thiscontract are integral parts of this contract,including: the

15、 projectagreement, the technology transfer agreement,the sales agreement etc.Article 52 The contract and its appendices shall come into forcecommencing fromthe date of approval of the Ministry of Foreign Tradeand EconomicCooperation of the Peoples Republic of China (or itsentrustedexamination and approval authority).Article 53 Should notices in connection with any partysrights and obligationsbe sent by either Party A or Party B bytelegram or telex, etc., theWritten letter notices shall be alsorequired afterward