英文环评合同范本
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Contract No.:
TECHNICAL CONSULTANCY SERVICE CONTRACT Project Name:
Client(Hereinafter referred to as Party A):
Consultant(Hereinafter referred to as Party B):
Signing Date:
Signing Place:Qingdao City, Shandong Province
Valid period:
ATTENTION
1. This contract is template for Technical Consultancy Service Contract printed under the Supervision of Ministry of Science and Technology of P. R. China.
2. This contract shall be made when one Party (consultant) provides the other Party (client) feasibility studies, technology forecasting, specialized technical investigation, analysis and evaluation report for specific technical projects.
3. If one Party of the contract includes not only one agent, they can sign in sequence under Party A or Party B, according to each agent’s function shown in the contract.
4. The details which haven’t been mentioned in the contract can be agreed as appendixes by both Parties, the appendixes shall be parts of this contract.
5. The articles not needed to be filled in the contract by the Parties shall be marked as “/”.
TECHNICAL CONSULTANCY SERVICE CONTRACT
Client(Party A):
Location:
Legal representative:
Project contact:
Contact way:
Address:
Tel:Fax:
E-mail:
Consultant(Party B):
Location:
Legal representative:
Project contact:
Contact way:
Address:
Tel:Fax:
E-mail:
Party A desires to obtain the technical consultancy service from Party B concerning Environmental Impact Assessment (hereinafter referred to as EIA) Report of project and pay the consultancy fee to Party B. On the basis of truly and fully expressing each other’s objectives, the two Parties make the following agreements according to the Contract Law of P. R. China. Both Parties shall abide by the contract scrupulously.
Article 1 Content, Requirement and Mode of Technical Consultancy
Article 2 Party B shall finish the Consultancy Service for the project according to the following schedule: After signing the contract and paying the fee, Party B shall finish the EIA Report (Report for review) in working days. According to the expert review comments, submit the modified EIA Report (Report for approval) in working days.
Article 3To guarantee Party B’s efficiently consultancy service work, Party A shall provide the following cooperation:
3.1 Provide the technical materials:
(1)Feasibility Study Report for the proposed project;
(2)Provide the proposed project location map, floor plan, flow chart, etc. See the attached information list.
3.2 Provide the operation conditions:
(1)Nominate a person who shall be responsible for the business contact during the cooperation period;
(2)Provide the site investigation conditions;
(3)Pay the fee according to the contract requirements.
(4)
3.3 Others:
The time and way for Party A to provide the above-mentioned cooperation: Party A shall provide the information needed for the environment assessment in days. The delayed time shall be the time extended for delivering the EIA report.
Article 4 Price and Payment
4.1 The total consultancy fee:
4.2 The fee shall be paid (in one time or in phases) by Party A to Party B.
Specific manner and time of payment are as follows:
(1)
(2)
Bank name, address and account number of Party B:
Bank name:
Address:
Account number:
Article 5 The two Parties both have the obligation to keep the following confidential in performing the contract.
Party A:
1.Confidentiality contents (including the technical and business information):
/
2.Range of people involved:/
3.Confidentiality period:/
4.Disclosure responsibilities:/
Party B:
1.Confidentiality contents (including the technical and business information):Party B shall take proper measures to keep the technical information provided by Party A confidential. Party B shall not disclose the information to any third Party without prior consent of Party A.
2.Range of people involved:/
3.Confidentiality period:
4.Disclosure responsibilities:
Article 6 The modification of the contract shall be made by both Parties under mutual consensus and determined in writing. In case the following circumstances, one Party can ask for the request to modify the contract rights and obligations, the other Party shall give the reply within days. The request can be regarded as agreed if the reply is delayed.
1.The changes of the contract content;
2.The change of the consultancy fee;
3.The change of the time for providing the information;
4.The change of the work completion time.
Article 7The two Parties agree to check and accept the technical service result delivered by Party B according to the following standards and methods:
7.1 The pattern of Party B to submit the technical consultancy service result: originals of EIA report, passed by the review meeting which is arranged by environmental protection departments.
7.2 The acceptance standard of technical consultancy service: The quality and technical specifications of the special report shall meet the relevant environmental approval requirements, at the same time, Party B is responsible for the conclusions of the EIA report.
7.3 The acceptance method of technical consultancy service results: taking the special report passing the expert review as the acceptance criteria (not including the situation that failing passing the review because of
non-compiling quality or technical factors).
7.4 The time and location of acceptance:
Article 8The two Parties agree to be liable for the breach of contract respectively according to the following agreement:
1. In case that Party A can not provide Party B information or the fee in time and causing the EIA work can’t be finished on time, the time shall be
extended accordingly.
2. In case the EIA report failed to pass the review (not caused by Party A), all the fees occurred in the second review shall be borne by Party B.
Article 9 The two Parties agree that, in case the losses occur when Party A makes and carries out the decision by following Party B’s technical consultancy service result which is finished on agreed standards and methods of this contract, which shall be handled by Method (1/2/3).
1.Party B is not liable.
2.Party B is partially liable. The specific method of bearing is:
3.Party B is fully liable.
Article 10 The two Parties agree,
10.1 Within the validity period of Contract, the new technical achievement achieved by Party A on the basis of the technical consultancy results submitted by Party B shall belong to (Party A /both Parties).
10.2 Within the validity period of Contract, the new technical achievement achieved by Party B on the basis of technical materials or working conditions provide by Party A shall belong to (Party B /both Parties).
Article 11 The two Parties agree, within the validity period of Contract, Party A nominates as the project contact person. Party B nominates
as the project contact person. The project contact person shall take the following responsibilities.
11.1 Communicate and cooperate with each other, fulfill the task on time.
11.2 Party A guarantees to pay the fee of EIA on time. Party B guarantees to finish the EIA report on time.
11.3
Either Party who changes the project contact person shall inform the other Party in written in time. Any Party shall be responsible for the losses caused
by not timely informing the change.
Article 12The two Parties agree, in case the following circumstances lead unnecessary or impossible of performing the contract, the contract shall be terminated.
12.1 Force majeure factors
12.2 /
12.3 /
Article 13In case any dispute arises out of the performance of the contract, the two Parties shall seek a solution through mutual negotiation and mediation. In case no consensus can be reached, the dispute shall be handled through the below Method (1/2):
1.Submit to Arbitration Commission for arbitration;
2.Sue to th e people’s court.
Article 14 The two Parties agree, the definition and interpretation of the relevant words and technical terms referring to the contract and appendixes are as follows:
1.;
2.;
3.;
Article 15 The following technical documents which are related in performing this contract, after confirming through by both Parties, shall be parts of this contract.
15.1 ;
15.2 ;
15.3 ;
Article 16 Miscellaneous
16.1 The fee for EIA in this contract is specially for composing the EIA report (not including the EIA report assessment fee and expert review fee).
16.2 During the period of composing the EIA report, Party A shall reply Party B’s demand upon the engineering m aterials related to EIA in
XXXXXXXdays. The delayed time shall be the extended time for composing the report.
16.3 Party B shall complete the EIA report under the National EIA Guidelines, meeting the requirements of the environmental protection administration departments, and submit EIA report to Party A according to the contract.
16.4 For matters not covered in the contract and arising out in the process of performing the contract, both Parties shall seek a solution through mutual consultation.
Article 17 The contract is in originals, having the same legal force.
Article 18 This contract shall come into force upon chopping and signing by both Parties.
Party A:(seal)
Legal representative/Agent:(signature)
(date)
Party B:(seal)Legal representative/Agent:(signature)
(date)。