MOU-MEMORANDUM OF UNDERSTANDING
(完整版)合作备忘MOU模版(中英文对照)
中英文合作备忘录MOU模版备注:1.此MOU是由我方起草,各条款相对公平,条款约束相对宽松。
适用于和外方的一般性合作备忘录签订。
2. 如涉及到更深一步的合作,需要添加双方的业绩承诺,时间进度和佣金支付等。
3. 中文备注方面都是由我方公司填写;英文备注由外方填写。
MEMORANDUM OF UNDERSTANDING谅解备忘录BETWEEN______ COMPANY (我方公司)AND(“company name ”(外方公司))This MOU is entered by and between:- 本MOU由以下各方签署:(1)______________________(填写我方公司名称), herein after ‘___’(abbreviation name),acompany incorporated under the company laws of People's Republic of China, whose Principal Place of Business is ________________________China (填写地址);_____________________公司(以下简称____),为中华人民共和国注册成立的公司,注册地址为_______________________。
AND(“company name ”) a company incorporated under the company laws of; herein after ‘___’(abbreviation name),whose Pr incipal Place of Business is 。
_____________________公司(以下简称____),为_____(填写外国国名)成立的公司,注册地址为_______________________。
(_________ and are herein after jointly referred to as the “Parties” and “Party” shall refer to any one of them as the context may require.)(________和以下统一简称为各方,一方指其中之一。
备忘录的签署问题
一、概述在英文中,备忘录可称为“memorandum of understanding”,缩写是“MOU”。
所以备忘录并不是一个协议,其所记载的只是有关各方或双方就某些事情达成的共识,备忘录通常是在签订正式协议之前签署。
但是在整个项目的不同阶段,要签订不同的文件。
在谈判过程中,一方往往担心对方与自己的竞争者同时谈判,当然希望能够排除这种现象。
有的项目时间很长,且内容复杂,谈判会分阶段进行。
所以,项目各方希望在商谈基本接近尾声的时候,就达成的共识形成书面文件。
在第二阶段,双方再签署一个类似的文件,将当时达成一致的内容和要讨论的问题列明。
有的项目可能涉及到双方公司的各个部门。
如果在开始时,就把涉及到的所有工作人员召集在一起开会讨论,很有可能会无疾而终。
因此,在就某项目如何实施进行磋商之前,首先要归纳出商谈的内容,商谈的技巧,以及谈判人员。
我们可以事先做一个规划,按照已经拟定的方案,大家同时迈步。
有的项目如果投资比较大,不仅实施项目需要庞大的资金支持,谈判亦然。
双方当事人都希望,自己在谈判中投入的成本是物有所值的,并且对合作充满信心。
此时,双方可以就已经达成共识的问题形成书面性文字(类似于君子协议),即表示双方肯定了合作的可能性,愿意再做下一步投入。
签订备忘录还有一个目的,就是某些公司,尤其是一些没有名气的公司,希望通过与某大型公司或某市场领域的公司进行商业谈判,向他人表明,自己有可能会拿下一个很大的订单,以此达到增加公司知名度的目的。
公司在融资的时候,投资者也会更有兴趣与之合作。
在这种情况下,虽然商谈的项目尚未落实,但是,已经接近成功。
签署一个备忘录,对对方没有最后的约束力。
但是,这种情况下形成的备忘录,就可以用来沟通公共关系。
还有一种情况,某公司可能正与其他公司洽谈合作事宜,合作的基础是对方认为该公司有可能会拿到某项目。
持有备忘录,可以增强其他合作伙伴对自己的信心。
备忘录最大的一个特点就是不具有法律约束力,其与协议、合同完全不同。
Acronyms英语报刊考试缩写词
Acronyms1.MOU (Memorandum of Understanding,谅解备忘录)2.OPEC (Organization of Petroleum Exporting Countries 石油输出国组织)3.NYSE(New York Stock Exchange 纽约证券交易所)4.IMF (International Monetary Fund 国际货币基金组织)5.FIFA (International Federation of Football Association 国际足球联合会)6.DJIA(Dow Jones Industrials Average 道琼斯工业平均指数)7.CPI (Consumer Price Index 消费者价格指数)8.NPC (National People’s Congress全国人大)9.MP (Member of Parliament 国会议员)10.S OE ( State Owned Enterprise 国有企业)11.I PR (Intellectual Property Rights 知识产权)12.A PEC (Asia Pacific Economic Cooperation 亚太经济合作组织)13.N SB (National Statistics Bureau 国家统计局)14.T PP (Trans-Pacific Partnership Agreement跨太平洋伙伴关系协定)15.N BC (National Broadcasting Company美国全国广播公司)16.N GO (Non-government Organization 非政府组织)17.P PI (Producer Price Index 制造者价格指数)18.N MD (National Missile Defense) 国家导弹防御系统19.C FO (Chief Finance Officer 首席财务官)20.A PI (Air Pollution Index 空气污染指数)21.GOP---Grand Old Party 大佬党(共和党)22.UFO---Unidentified Flying Object不明飞行物23.FBI---Federal Bureau of Investigation(美国)联邦调查局24.CIA---Central Intelligence Agency(美国)中央情报局25.DHS---Department of Homeland Security国土安全局26.NSA---National Security Agency(美国)国家安全局27.MI6---Military Intelligence 6(英国)军情六处28.SIS ---Secret Intelligence Service英国情报局29.CBS---Columbia Broadcasting System哥伦比亚广播公司30.BBC---British Broadcasting Corporation英国广播公司31.ABC---American Broadcasting Company美国广播公司32.VOA---Voice Of America美国之音N---Cable News Network(美国)有线电视新闻网络34.SWB---Subjective Well-being主观幸福感35.AIIB---Asian Infrastructure Investment Bank亚洲基础设施投资银行36.NASDAQ---National Association of Securities Dealers AutomatedQuotation全美证卷交易协会自动报价系统美国纳斯达克股票市场37.WB---Word Bank世界银行38.Warner Bros华纳兄弟公司39.UN---United Nations联合国40.APEC---Asia-Pacific Economic Cooperation亚太经贸组织41.WTO---World Trade Organization世界贸易组织42.UNESCO---United Nations Educational,Scientific and CulturalOrganization 联合国教科文组织43.EC---European Commission欧盟委员会44.EU---European Union 欧盟45.IMF---International Monetary Fund 国际货币基金组织46.COO---Chief Operating Officer首席运营官47.CEO---Chief Executive Officer首席执行官48.GRE---Graduate Record Examination美国研究生入学考试49.SAT---Scholastic Assessment Test学术能力评估测试(美国高考)50.MIT---Massachusetts Institute of Technology 麻省理工学院51.IPO--- Initial Public Offerings 首次公开募股52.ROI---Return on Investment 投资回报率53.NTBs---Non-tariff Barriers 非关税贸易壁垒54.EQ----Emotion Quotient情商系数55.P/E ( PER) ---Price to Earning Ratio 市盈率(或称本益比)56.UCLA---University of California at Los Angeles加利福尼亚大学洛杉矶分校57.BMW---Bavarian Motor Works宝马德国宝马汽车公司58.DINK---Double Income No Kids丁克家族59.VC---Venture Capital风险投资60.VR---Virtual Reality虚拟现实61.AR--- Augmented Reality 现实增强62.GPS---Global Positioning System全球定位系统63.NBA---National Basketball Association全美篮球协会64.CBA---China Basketball Association中国篮球协会65.ATM---Automatic Teller Machine自动取款机66.WC---Water Closet洗手间67.HBO---Home Box Office(美国)家庭影院67. JVC-- Joint Venture Company 合资公司68.MNE----Multinational Enterprise 跨国公司69.e-biz.---electronic business电子商务70.B2B---Business to Business企业对企业的电子商务模式71.B2C---Business to Customer企业对消费者的电子商务模式72.Rep.---Republican Party 共和党也被称为“象”(Elephant) 尊严、力量、能力73.Dem.--Democratic Party 民主党也被称为“驴”(Donkey) 既聪明又有勇气74.O2O---online to offline 线上线下电子商务75.BV--Book Value 帐面价值76.C.O.--Certificate of Origin 产地证明书77.EIB------ Export-Import Bank 进出口银行78.MFN---- most favoured nations 最惠国79.SDRs ----special drawing rights 特别提款权80.SEZs---- special economic zones 经济特区。
商务谅解备忘录(中英文)
DATED[日期][PARTY A NAME][甲方名称]AND与[PARTY B NAME][乙方名称]MEMORANDUM OF UNDERSTANDING谅解备忘录This Memorandum of Understanding (“MOU”) is entered into on [date] by and between [Party Aname], [Party A entity form] established and existing under the laws of China, with its legaladdress at [address] (hereinafter referred to as “Party A”), a nd [Party B name], [Party B entityform] organized and existing under the laws of [Party B jurisdiction of incorporation] with itsleg al address at [address] (hereinafter referred to as “Party B”). P arty A and Party B shallhereinafter be referred to individually as a “Party ” and collectively as the “Parties”本谅解备忘录(“本备忘录”)于[日期]由以下双方签订:[甲方名称],一家根据中国法律成立并存续的[甲方组织形式],法定地址位于[甲方法定地址](以下简称“甲方”):与[乙方名称],一家根据[乙方所在国]法律成立并存续的[乙方组织形式],法定地址位于[乙方法定地址](以下简称“乙方”)。
甲方和乙方以下单独称为“一方”,合称为“双方”。
PRELIMINARY STATEMENT前言(A)[Description of Party A].[甲方情况简介](B)[Description of Party B].[乙方情况简介](C)[Description of contemplated transaction](“Project”).[双方拟从事的交易情况简介](“本项目”)(D)The Parties agree that before any implementation of the Project, the Parties are required toContracts”), procure corporate approvals and to enter into formal binding contracts (the “the terms of which are to be discussed and agreed to between the Parties.双方同意,在本项目实话前,双方需各自取得公司内部批准以签订具有约束力的合同(“合同”)。
论谅解备忘录的法律性质和法律效力
第18卷 第4期红河学院学报Vol.18 No.4 2020年8月Journal of Honghe University Aug.2020论谅解备忘录的法律性质和法律效力李程呈 (云南大学法学院,昆明 650500) 摘 要:作为国际性文书的谅解备忘录通常是指两个及其以上的国际法主体在处理各项国际事务中所缔结的不具有法律约束力的文书,具有保密性、形式自由、易于修正、无须得到一国立法机关的批准等特点,使其逐渐得到各国的青睐。
谅解备忘录原则上并不是条约,但在实践中也存在将谅解备忘录作为一项条约的名称来使用的现实情况。
因此,在实践中要判断某一个具体的谅解备忘录是否是条约,需要结合缔结该谅解备忘录时使用的措辞、文书的具体内容、有关法律地位的明文规定、缔结时的具体情形,以及制定者缔结之后的行为等来进行综合判断。
关键词:谅解备忘录;法律性质;法律效力 中图分类号:D990 文献标识码:A 文章编号:1008-9128(2020)04-0148-05一 谅解备忘录的概念明确界定概念是理论研究的逻辑起点。
正如黑格尔所言,思想和科学的洞见,只有通过准确把握概念才能得以实现。
[1]因此,要对谅解备忘录进行研究,首先就应该明确它的概念。
谅解备忘录,英文为m e m o r a n d u m o f understanding,简称MOU,顾名思义,是指将谈判的结果写成记录, 说明彼此对某一问题已取得某种程度的理解与谅解并加以阐释, 以备将来或许要进一步谈判时的根据或参考。
[2]37-40谅解备忘录常作为记录或辅助性、补充性文书在商务活动以及国际性事务中得以使用。
本文研究对象是国际性文书而非商务文书的谅解备忘录。
(一)《维也纳条约法公约》的相关规定《维也纳条约法公约》(以下简称“《条约法公约》”)并没有直接对谅解备忘录这一法律文件的概念以及其法律性质和法律效力明确规定,但结合《条约法公约》第二条“称‘条约’者,谓国家间所缔结而以国际法为准之国际书面协定,不论其载于一项单独文书或两项以上相互有关之文书内, 亦不论其特定名称如何;”和第三条 “不属本公约范围之国际协定……并不影响:(a)此类协定之法律力”等规定,可以表明《条约法公约》的态度:一方面,虽然《条约法公约》只规范国家之间所缔结的书面协定,但其他国际法主体之间所缔结的书面与非书面的协定仍然是条约,同样具有法律约束力,只是其不属于该公约调整范围而已。
memorandum of understanding 英美法 -回复
memorandum of understanding 英美法-回复Memorandum of Understanding (MoU) is a term commonly used in various legal systems, including those of the United Kingdom, the United States, and other common law jurisdictions. In this article, we will delve into the topic of MoUs and provide a detailed explanation of its characteristics, uses, and significance in the aforementioned legal systems.I. Introduction to Memorandum of UnderstandingA. Definition: A Memorandum of Understanding is a type of legal document designed to establish a framework of cooperation and mutual understanding between two or more parties. It is not necessarily legally binding, although certain provisions can be enforceable.B. Purpose: MoUs are commonly used when parties wish to collaborate on a specific project or venture while avoiding the complexity and formalities of a formal contract. It serves as an initial agreement outlining the intentions and goals of the parties involved.II. Characteristics of Memorandum of UnderstandingA. Flexibility: One of the key characteristics of an MoU is its flexibility. Unlike formal contracts, MoUs allow parties to negotiate and incorporate changes more easily as the project progresses, providing room for adaptation to unforeseen circumstances.B. Non-binding Nature: While an MoU is typically not legally binding, it may contain specific obligations that the parties can enforce. It serves as a moral commitment and a platform for negotiation, rather than a mandatory agreement.C. Clarity of Terms: Although MoUs are less formal than contracts, they still require clear and concise language that outlines the roles, responsibilities, and expectations of each party involved. Properly defining terms minimizes misunderstandings and disputes.III. Uses of Memorandum of UnderstandingA. International Agreements: MoUs are frequently used in international relations to establish cooperation between nations. It allows governments to outline shared objectives without enteringinto a full-scale treaty, providing a more flexible and expedited approach.B. Public-Private Partnerships: MoUs are commonly employed in public-private partnerships, where government entities and private companies collaborate to achieve specific goals such as infrastructure development or public service delivery. MoUs in this context often outline resource allocation, roles, and responsibilities.C. Research Collaborations: Academia, research institutions, and universities often utilize MoUs to establish collaboration frameworks for joint research projects, information exchange, and sharing of resources. These agreements promote cooperation while allowing each party to maintain its autonomy.IV. Significance and Benefits of Memorandum of UnderstandingA. Strategic Alliances: MoUs enable parties to establish strategic alliances without the need for immediate legal commitments. It provides a structured framework for cooperation, improving the chances of successful collaboration on shared objectives.B. Flexibility: MoUs offer greater flexibility than traditional contracts, allowing parties to adapt terms and conditions as the project progresses. It caters to the evolving nature and uncertainties often encountered in various collaborative efforts.C. Easier Implementation: Compared to formal contracts, MoUs are typically easier and quicker to draft, negotiate, and finalize. Their less formal nature reduces the time and effort spent on legal scrutiny, making them a preferred choice for parties seeking expedited cooperation.D. Legally Binding Provisions: While MoUs are generallynon-binding, certain provisions within an MoU can be enforceable, such as confidentiality clauses or intellectual property rights protections. Parties must carefully consider the legal implications of specific clauses before signing an MoU.In conclusion, a Memorandum of Understanding plays a significant role in various legal systems, including those of the United Kingdom and the United States. While not legally binding in nature, MoUs serve as valuable tools for establishing cooperation andunderstanding between parties involved in a specific project or venture. Its flexibility, clarity of terms, and facilitated implementation make it a preferred choice in many collaborative efforts. However, parties should always exercise caution and seek legal advice to ensure their interests are protected when entering into an MoU.。
关于起草一份谅解备忘录的英语作文
关于起草一份谅解备忘录的英语作文全文共3篇示例,供读者参考篇1Memorandum of UnderstandingA Memorandum of Understanding (MOU) is a document that outlines the terms and details of an agreement between parties. It is not a legally binding contract, but rather a formal agreement that sets out the intentions of the parties involved. MOUs are commonly used in business, government, and academic settings to establish a framework for cooperation and collaboration.To draft an effective MOU, there are several key components that must be included. First and foremost, the parties involved must be clearly identified, including their names, addresses, and official titles. This helps to establish who is entering into the agreement and ensures that there is a clear understanding of the parties involved.Next, the purpose of the agreement must be clearly stated. This should outline the goals and objectives of the parties and explain why they are entering into the agreement. This sectionshould be specific and detailed to avoid any misunderstandings about the intentions of the parties.The terms and conditions of the agreement should also be clearly outlined in the MOU. This should include any deadlines, deliverables, and responsibilities of each party. It is important to be as specific as possible to ensure that both parties understand their obligations and can fulfill them accordingly.Additionally, the MOU should include a section on dispute resolution. This should outline the steps that will be taken if there are any disagreements or conflicts between the parties. This helps to ensure that any issues can be resolved in a timely and amicable manner.Finally, the MOU should be signed and dated by all parties involved. This helps to formalize the agreement and show that all parties are in agreement with the terms outlined in the document. Once signed, the MOU can be used as a reference point for the parties involved and can help to ensure that the agreement is upheld.In conclusion, a Memorandum of Understanding is an important tool for establishing agreements between parties. By including key components such as clear identification of the parties, a purpose statement, terms and conditions, disputeresolution, and signatures, an effective MOU can be drafted. This helps to ensure that all parties have a clear understanding of the agreement and can work together effectively towards their common goals.篇2Memorandum of Understanding (MOU) is a document that outlines an agreement between two or more parties to work together on a project or achieve a common objective. The purpose of a MOU is to establish the framework for cooperation and ensure that all parties involved are clear on their roles and responsibilities. In this article, we will discuss the key elements of drafting a MOU and provide a step-by-step guide on how to create a successful agreement.1. IntroductionThe introduction of a MOU should provide a brief overview of the parties involved and the purpose of the agreement. It should also define the scope of the cooperation and outline the goals and objectives of the partnership.2. Background InformationInclude background information on each party involved in the agreement, including their mission, goals, and relevantexperience. This section should also outline the context in which the parties are entering into the agreement and highlight any previous collaborations or partnerships.3. ObjectivesClearly state the objectives of the partnership and outline the specific goals that the parties aim to achieve through their cooperation. It is essential to ensure that all parties are aligned on the objectives and are committed to working towards their achievement.4. Scope of WorkDefine the scope of work for each party involved in the agreement, including their roles and responsibilities, resources, and deliverables. This section should outline the specific tasks and activities that each party is responsible for and set clear expectations for their contributions to the partnership.5. DurationSpecify the duration of the agreement, including start and end dates, milestones, and any conditions for termination or extension. It is important to establish a timeline for the partnership to ensure that all parties are working towards the same goals and deadlines.6. Governance StructureOutline the governance structure for the partnership, including decision-making processes, communication channels, and mechanisms for resolving disputes. This section should define the roles and responsibilities of each party in managing the partnership and ensuring its success.7. ResourcesDetail the resources available to each party to support their participation in the partnership, including funding, personnel, equipment, and facilities. It is important to ensure that all parties have access to the necessary resources to fulfill their obligations under the agreement.8. Monitoring and EvaluationEstablish mechanisms for monitoring and evaluating the progress of the partnership, including key performance indicators, reporting requirements, and review processes. This section should outline how the parties will assess the success of their collaboration and make any necessary adjustments to achieve their objectives.9. SignatoriesInclude a section for the signatories of the agreement, where each party can formally endorse the MOU and commit to fulfilling their obligations. It is essential to obtain signatures from all parties involved to ensure that the agreement is legally binding and enforceable.10. ConclusionIn the conclusion of the MOU, reiterate the commitment of the parties to working together towards their shared goals and objectives. It is important to emphasize the mutual benefits of the partnership and the value that each party brings to the collaboration.In conclusion, drafting a MOU requires careful consideration of the key elements outlined above to ensure the success of the partnership. By following this step-by-step guide, parties can create a clear, comprehensive, and effective agreement that will help them achieve their objectives and drive their collaboration forward.篇3Memorandum of UnderstandingA Memorandum of Understanding (MOU) is a document that outlines the terms and details of an agreement between twoor more parties. Typically, an MOU is used when two organizations are considering entering into a partnership or collaboration and want to outline the terms of their relationship before formalizing a more detailed agreement.When drafting an MOU, it is important to clearly outline the objectives of the agreement, the responsibilities of each party, and the terms and conditions under which the agreement will operate. This document serves as a foundation for the future relationship between the parties, providing a framework for collaboration and cooperation.To draft an effective MOU, it is important to consider the following key elements:1. Objectives: Clearly outline the purpose and goals of the agreement. This should include what each party hopes to achieve through the partnership and how they plan to work together to accomplish these goals.2. Responsibilities: Clearly define the responsibilities of each party. This should include what each party will contribute to the partnership, as well as any specific tasks or activities that each party will be responsible for.3. Terms and Conditions: Outline the terms and conditions under which the agreement will operate. This should include details such as the duration of the agreement, how disputes will be resolved, and any other important terms that both parties need to be aware of.4. Signatures: Once the MOU has been drafted, it should be signed by all parties involved. This serves as a formal acknowledgment of the agreement and ensures that all parties are committed to upholding the terms outlined in the document.Overall, a Memorandum of Understanding is an important document for establishing a foundation for a partnership or collaboration. By clearly outlining the objectives, responsibilities, and terms of the agreement, an MOU can help ensure that both parties are on the same page and committed to working together towards a common goal.。
签订mou什么意思
签订mou什么意思
MOU全称是memorandum / memo of understanding,中文里翻译成谅解备忘录。
它是国际协议的一种常用表达方式,指的是“双方经过协商、谈判达成共识后,用文本的方式记录下来的文书。
”
说白了,MOU就是预合同,是对双方合作意向的一种确认和友好表示,也被称为“君子协议”。
但和正式合同相比,谅解备忘录法律的约束力较弱。
这是因为在谅解备忘录中,除了保密(Confidentiality)、终止(Termination)、法律适用(Governing Law)、费用分摊、排他性谈判、争议解决条款之外,其余的条款对双方都不具备法律约束力,并且在正式条约签订之前,谅解备忘录双方对该协议均不具有任何法律义务。
所以,我们在进行商务谈判类翻译工作时要注意区分和掌握此类翻译知识。
谅解备忘录英语作文
谅解备忘录英语作文Memorandum of Understanding.In the spirit of cooperation and mutual respect, the parties involved in this Memorandum of Understanding (MoU) agree to establish a framework for collaboration, communication, and shared objectives. This MoU outlines the general terms and conditions of the agreement, serving as a basis for future detailed agreements and collaborations.1. Purpose of the MoU.The purpose of this MoU is to establish a common understanding between the parties involved, outlining their respective roles, responsibilities, and expectations. It aims to foster a positive working relationship that promotes mutual benefit, effective communication, and shared success.2. Parties Involved.The parties to this MoU are [insert names of the parties]. Each party acknowledges and respects the rights, obligations, and interests of the other party.3. Scope of Collaboration.The collaboration covered by this MoU encompasses [insert the scope of collaboration, such as project management, technology transfer, research and development, etc.]. The specific details of the collaboration will be outlined in subsequent agreements and documents.4. Responsibilities and Obligations.Each party agrees to fulfill its responsibilities and obligations in accordance with the terms and conditions of this MoU. This includes, but is not limited to, [insert specific responsibilities and obligations of each party].5. Confidentiality and Intellectual Property.All parties agree to maintain the confidentiality of any information exchanged during the collaboration, except as otherwise agreed in writing. Intellectual propertyrights shall be governed by the applicable laws and any specific agreements reached between the parties.6. Dispute Resolution.In the event of any disputes arising from the interpretation or implementation of this MoU, the parties agree to seek amicable resolution through negotiation and consultation. If the dispute cannot be resolved through negotiation, the parties may agree to refer it to arbitration or seek legal recourse as per the applicable laws.7. Duration and Termination.This MoU shall remain in effect for a period of [insert duration] unless terminated earlier by mutual agreement between the parties or in accordance with the terms specified in this MoU.8. Amendments.Any amendments to this MoU shall be made in writing and agreed upon by all parties. Amendments shall become effective upon written acceptance by all parties.9. Governing Law.This MoU shall be governed by the laws of [insert the country or jurisdiction]. Any disputes arising from this MoU shall be subject to the jurisdiction of the courts of [insert the country or jurisdiction].10. Entire Agreement.This MoU constitutes the entire agreement between the parties and supersedes any previous agreements or understandings relating to the subject matter of this MoU.11. Final Provisions.This MoU shall be executed in [insert number] original copies, one for each party. The original copies shall be deposited with the respective parties for their records. This MoU shall be deemed to have been executed on the date of the last signature below.IN WITNESS WHEREOF, the parties have executed this MoU as follows:[Insert signatures and dates of the parties][Insert names and titles of the signing parties]Conclusion.By signing this MoU, the parties agree to establish a foundation for successful collaboration, based on mutual respect, trust, and shared objectives. They look forward to working together to achieve the objectives outlined in this MoU and fostering a long-term and beneficial partnership.。
Memorandum of Understanding
Memorandum of UnderstandingThis Memorandum of Understanding (“MOU”) is made on April ____, 2016, by and between A, and B for the purpose of A assisting B in acquiring and managing investments, including operating businesses and real estate, in the United States of America (the “U.S. Expansion Project”).WHEREAS A and B desire to enter into an agreement in which A and B will work together on the U.S. Expansion Project.AND WHEREAS A and B are desirous to enter into a MOU between them, setting out the working arrangements that each of the Parties agrees are necessary to perform the U.S. Expansion Project.PurposeThe purpose of this MOU is to provide the framework for any future binding contract (the “Agreement’) regarding the U.S. Expansion Project between A and B (the “Parties”). Obligations of the PartiesThe Parties acknowledge that no contractual relationship is created between them by this MOU, but agree to work together in the true spirit of partnership to ensure that there is a united visible and responsive leadership of the U.S. Expansion Project and to determine financial, administrative and managerial commitment to the U.S. Expansion Project by means of the individual services identified below.Industries for which the U.S. Expansion Project will focus on, but not be limited to, include:1)Healthcarea)Medical devicesb)Pharmaceuticals2)Assisted Living3)Agriculturea)Working farmsb)Processing plants4)Developed Real Estatea)Commercialb)Multi-family residentialc)Hotelsd)Real Estate Investment Trusts5)Financial InstitutionsCooperationThe activities and services for the U.S. Expansion Project shall include, but not be limited to:1)Services to be performed by A include:a)Assisting in the development of advantageous legal structures for the U.S ExpansionProjectb)Performing market researchc)Identifying investment opportunitiesd)Performing due diligence on investment opportunitiese)Obtaining financing and managing banking relationshipsf)Structuring and negotiating acquisitionsg)Identifying and procuring management teamsh)Providing planning, oversight and monitoring of acquired properties and businesses,including Board of Directors oversighti)Performing business developmentj)Identifying exit strategies as appropriatek)Periodic reporting of results of investments to Bl)Providing and/or procuring legal, accounting and tax services as appropriatem)Leveraging government contacts/relationshipsn)Assisting with compliance with government regulations2)Services to by performed by B include:a)Establishing desired legal structures for the U.S. Expansion Projectb)Establishing investment criteria, including industries and dollar thresholdsc)Providing capital for acquisitionsB will need to define the scope of the U.S. Expansion Project and prioritize investmentobjects by allocating desired capital to the industries identified above or to others. ResourcesThe Parties will endeavor to have final approval to fulfill their individual contributions at the start of planning for the development of the U.S. Expansion Project.1) A agrees to provide adequate professional staff to perform the services identified above. Thelevel of staffing will be dependent upon the size of the intended investment pool.2) B agrees to provide an investment pool of $___ over the term of the Agreement.TermThe Parties agree to enter into the binding Agreement by ______. The initial term of the Agreement shall be for three years upon signing. The Parties may agree to extend the term at that time.Fees and ExpensesA shall be compensated byB for performing the services identified above in accordance with the following structure:1) A shall receive a monthly retainer payable in advance by the 1st day of each month. Theamount of the retainer will be dependent upon the size of the intended investment pool. The amount of the retainer may be adjusted if the size of the investment pool increases beyond the initial agreed upon amount.2) A shall receive a management fee calculated as a percentage of revenues generated byacquired properties and businesses.3) A may be compensated additionally for legal, accounting, and tax services performed,dependent upon the scope of the required services.4) A shall be paid for reasonable out-of-pocket expenses, including travel, for performing theservices identified above.Additional professional service fees will likely be incurred by other professionals, including, but not limited to, attorneys, accountants, and brokers, during the process of acquiring investments.B shall be responsible for the cost of such fees.Equity in InvestmentsEquity in properties and businesses acquired as part of the U.S. Expansion Project shall be allocated between the Parties as follows:1)B, or assignees, shall retain __% equity in properties and businesses acquired as part of theU.S. Expansion Project.2)A, or assignees, shall receive __% equity in properties and businesses acquired as part of theU.S. Expansion Project.A, or its assignee, shall have majority control and full oversight rights of all properties and businesses acquired as part of the U.S. Expansion Project while engaging B to provide day to day management in the United States.LiabilityNo liability will arise or be assumed between the Parties as a result of this MOU.Governing LawThis MOU shall be construed in accordance with the laws of the State of Wisconsin. AssignmentNeither party may assign or transfer the responsibilities or agreement made herein without the prior written consent of the non-assigning party, which approval shall not be unreasonably withheld.AmendmentThis MOU may be amended or supplemented in writing, if the writing is signed by the party obligated under this MOU.SeverabilityIf any provision of this MOU is found to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. If a court finds that any provision of this MOU is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision will be deemed to be written, construed, and enforced as so limited.UnderstandingIt is mutually agreed upon and understood by and among the Parties to this MOU that:1)Each party will work together in a coordinated fashion for the fulfillment of the U.S.Expansion Project.2)In no way does this agreement restrict either party from participating in similar agreementswith any other party.3)To the extent possible, each party will participate in the development of the U.S. ExpansionProject.4)Nothing in the MOU shall obligate any party to the transfer of funds. Any endeavorinvolving reimbursement or contribution of funds between the Parties of this MOU will be handled in accordance with applicable laws, regulations, and procedures. Such endeavors will be outlined in separate agreements that shall be made in writing by representatives of the Parties involved and shall be independently authorized. This MOU does not provide such authority.5)This MOU is not intended to and does not create any right, benefit, or responsibility.6)This MOU will be effective upon the signature of both Parties.7)Either party may terminate its participation in the MOU by providing written notice to theother party.SignatoriesThis MOU shall be signed on behalf of A, Manager, and behalf of B by _____. This MOU shall be effective as of the date first written above.______________________________Company AManager______________________________Company BBy _____。
谅解备忘录英语作文
谅解备忘录英语作文(中英文版)Memo of UnderstandingTo Whom It May Concern,This Memorandum of Understanding (MOU) is entered into between [Party A] and [Party B], collectively referred to as "the Parties", on this [Date] in [Location].The purpose of this MOU is to establish a framework for cooperation and collaboration in [Area of Collaboration].鉴于各方共同关心的事宜,特此谅解备忘录(以下简称“备忘录”)由甲方与乙方于[日期]在[地点]共同签署。
本备忘录旨在为甲乙双方在[合作领域]建立合作与协作的框架。
The Parties agree to work together in good faith to achieve the following objectives:1.To exchange information and expertise for mutual benefit.2.To conduct joint research and development activities.3.To organize and participate in workshops, seminars, and other collaborative events.双方同意本着诚意合作,共同实现以下目标:1.交换信息和专业知识,实现互利共赢。
2.开展联合研究与开发活动。
3.组织并参与研讨会、工作坊和其他协作活动。
This MOU shall remain in effect for a period of [Duration], unlessterminated earlier by mutual consent of the Parties or extended by written agreement.本备忘录有效期为[期限],除非双方提前终止或以书面形式延长。
合作备忘MOU模版(中英文对照)
中英文合作备忘录MOU模版备注:1.此MOU是由我方起草,各条款相对公平,条款约束相对宽松。
适用于和外方的一般性合作备忘录签订。
2. 如涉及到更深一步的合作,需要添加双方的业绩承诺,时间进度和佣金支付等。
3. 中文备注方面都是由我方公司填写;英文备注由外方填写。
MEMORANDUM OF UNDERSTANDING谅解备忘录BETWEEN______ COMPANY (我方公司)AND(“company name ”(外方公司))This MOU is entered by and between:- 本MOU由以下各方签署:(1)______________________(填写我方公司名称), herein after ‘___’(abbreviation name),acompany incorporated under the company laws of People's Republic of China, whose Principal Place of Business is ________________________China (填写地址);_____________________公司(以下简称____),为中华人民共和国注册成立的公司,注册地址为_______________________。
AND(“company name ”) a company incorporated under the company laws of; herein after ‘___’(abbreviation name),whose Pr incipal Place of Business is 。
_____________________公司(以下简称____),为_____(填写外国国名)成立的公司,注册地址为_______________________。
(_________ and are herein after jointly referred to as the “Parties” and “Party” shall refer to any one of them as the context may require.)(________和以下统一简称为各方,一方指其中之一。
韩国谅解协议书(MOU)的效力
韩国谅解协议书(MOU)的效力引言韩国谅解协议书(Memorandum of Understanding,简称MOU)是一种常见的双方或多方之间签署的法律文件,用于明确各方之间的合作意向、共同目标以及双方承担的责任和义务。
作为一种法律文件,MOU在韩国及其他国家都具有一定的法律效力。
法律效力1. 合同法律效力MOU在法律上可以被视为一种合同,具备合同法规定的一般性法律效力。
根据韩国合同法的规定,双方自愿达成的合同,经过双方的真实意思表示和协商一致,即可构成合同关系。
因此,一旦双方签署了MOU,双方即视为达成了一份合同,受到韩国合同法的保护。
2. 合同解释和履行MOU在法律上也具备一定的解释性和履行性。
根据韩国合同法的规定,当合同中的条款存在争议或不明确时,应根据当事人的真实意愿进行解释。
MOU作为一种合同,其条款也可以根据当事人之间的真实意思进行解释。
另外,MOU中所约定的合作目标、责任和义务,双方应当按照协议的要求进行履行,以达到预期的目标。
3. 证据效力韩国法律将MOU作为一种证据形式进行认可。
当合同的签订和履行发生争议时,MOU可以作为证据提供给法院,用于证明当事人之间的意向和约定。
当法院审理合同纠纷案件时,会考虑MOU作为证据的效力,以确定双方的权利和义务。
4. 其他法律效力的认可MOU的限制和注意事项尽管MOU在韩国具有一定的法律效力,但也有一些限制和需要注意的事项:1. 依赖当事人之间的合意MOU的法律效力依赖于当事人之间的真实意愿和合意。
如果当事人在签署MOU时存在欺诈、威胁、误导或其他违法行为,则MOU的法律效力可能会受到限制或无效。
2. 需要明确的条款和义务MOU应当明确规定合作双方的权利和义务,以及合作的具体内容和目标。
如果MOU的条款不明确或不具体,可能会导致解释和履行的争议。
3. 可能需要进一步的法律手续虽然MOU本身具有一定的法律效力,但在某些情况下,为了确保合作的有效性,可能需要进一步的法律手续。
谅解备忘录英语范文
谅解备忘录英语范文英文回答:MEMORANDUM OF UNDERSTANDING.THIS MEMORANDUM OF UNDERSTANDING (this "MOU") is made and entered into this [Date] by and between:[Name of Company/Organization 1] ("Company 1"), a [Company Type] organized and existing under the laws of [State/Province] with its principal place of business at [Address]; and.[Name of Company/Organization 2] ("Company 2"), a [Company Type] organized and existing under the laws of [State/Province] with its principal place of business at [Address].WHEREAS,。
Company 1 and Company 2 desire to establish a mutually beneficial relationship to explore and collaborate on [Nature of Collaboration].The parties recognize that each party possesses unique expertise, resources, and capabilities that can be leveraged to achieve their shared goals.The parties intend to work together in a spirit of cooperation and good faith to achieve the objectives outlined in this MOU.NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties agree as follows:ARTICLE 1: PURPOSE.The purpose of this MOU is to establish a framework for cooperation between Company 1 and Company 2 to:[List of specific objectives]ARTICLE 2: SCOPE OF WORK.The scope of work under this MOU shall include, but is not limited to:[List of activities to be undertaken]ARTICLE 3: CONFIDENTIALITY.Each party acknowledges that the other party may disclose confidential information to it in connection with this MOU. The receiving party agrees to maintain the confidentiality of such information and use it solely for the purposes of this MOU.ARTICLE 4: INTELLECTUAL PROPERTY.Any intellectual property created or developed byeither party in connection with this MOU shall be the sole property of that party. However, the parties agree to grant each other a non-exclusive, royalty-free license to usesuch intellectual property for the purposes of this MOU.ARTICLE 5: TERM.This MOU shall have an initial term of [Number] years and shall be automatically renewed for successive [Number] year periods unless either party provides written notice of termination at least [Number] days prior to the end of the then-current term.ARTICLE 6: AMENDMENT.This MOU may be amended at any time by mutual written agreement of the parties.ARTICLE 7: GOVERNING LAW.This MOU shall be governed by and construed in accordance with the laws of [State/Province].ARTICLE 8: ENTIRE AGREEMENT.This MOU constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements, whether written or oral.IN WITNESS WHEREOF, the parties have executed this MOU as of the date first written above.COMPANY 1:By: _____________________________。
合作备忘MOU模版(中英文对照)
中英文合作备忘录MOU模版备注:1。
此MOU是由我方起草,各条款相对公平,条款约束相对宽松。
适用于和外方的一般性合作备忘录签订。
2. 如涉及到更深一步的合作,需要添加双方的业绩承诺,时间进度和佣金支付等。
3. 中文备注方面都是由我方公司填写;英文备注由外方填写。
MEMORANDUM OF UNDERSTANDING谅解备忘录BETWEEN______ COMPANY (我方公司)AND(“company name "(外方公司))This MOU is entered by and between:- 本MOU由以下各方签署:(1)______________________(填写我方公司名称), herein after ‘___'(abbreviation name),acompany incorporated under the company laws of People's Republic of China,whose Principal Place of Business is ________________________China (填写地址);_____________________公司(以下简称____),为中华人民共和国注册成立的公司,注册地址为_______________________。
AND(“company name ”) a company incorporated under the company laws of; herein after ‘___’(abbreviation name),whose P rincipal Place of Business is 。
_____________________公司(以下简称____),为_____(填写外国国名)成立的公司,注册地址为_______________________。
合同英文缩写
合同英文缩写Title: A Guide to Understanding Common Contract Abbreviations。
Contracts are an integral part of business and legal transactions, and they are often filled with abbreviations and acronyms that can be confusing to those who are not familiar with them. Understanding these abbreviations is crucial for anyone involved in contract negotiation, drafting, or review. In this article, we will provide a guide to some of the most common contract abbreviations and their meanings.1. NDA: Non-Disclosure Agreement。
An NDA is a legal contract that outlines confidential material, knowledge, or information that the parties wish to share with one another for certain purposes, but wish to restrict access to or by third parties.2. SOW: Statement of Work。
A SOW is a document that defines project-specific activities, deliverables, and timelines for a vendor providing services to the client.3. LOI: Letter of Intent。
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ON STAMP PAPER
MEMORANDUM OF UNDERSTANDING
On this………Aug2014,THIS MEMORANDUM OF UNDERSTANDING(hereinafter referred to as‘MOU’)is made and executed BY AND BETWEEN,XXX……………incorporated under the Chinese Companies Laws,having its Office at……………………………………, (Hereinafter referred as"XXX").
AND
XXX,incorporated under the Indian Companies ACT1956,having its office at…………………………………………….(Hereinafter referred as“XXX”).
WHEREAS“XXX”has experience&expertise in manufacturing of various types of Wind Energy &Hybrid Solutions and is a well established company in this field.
WHEREAS“XXX”is a company established in India and Specializes in integration of various Specialized Systems including Solar,Wind and Hybrid Energy Solutions.
AND WHEREAS both the parties are presently desirous to associate with each other to enable “XXX”to represent“XXX”in India and to market all“XXX”wind energy related products in India.
AND WHEREAS,both the parties,accept liability for discharging all obligations under their specific scope as agreed to,in this MOU.
AND WHEREAS both the parties here to agree as follows:-
“XXX”SCOPE
To permit opening of an Indian office in the name of XXX India(P)Ltd to enable better acceptance,visibility and effective marketing of“XXX”products.
The expenses for running of the Indian office will be borne entirely by“XXX”.
“XXX”will give exclusive marketing rights initially to“XXX”for a period of5years;
however in case“XXX”is not able to generate business for at least…………number turbines in the first2years,the exclusive marketing rights can be terminated by“XXX”at their discretion.
“XXX”will provide all assistance to“XXX”in terms of pamphlets,technical literature and assistance as required on a case to case basis.
“XXX”will provide sample systems on loan basis,if required to enable demonstration of the system in India during the non conventional energy Exhibition in Sept2015.However cost for taking stall in the Exhibition will be to“XXX”account only.
“XXX”will pay a marketing fee to“XXX”of……….%(………percent)of sale price of all orders obtained by“XXX”from India.
“XXX”will provide the best possible pricing to enable effective marketing by“XXX”.
To provide all services,as and when needed,on suitable and agreed commercial terms.
“XXX”SCOPE
“XXX”will set up the marketing office in the name of XXX INDIA(P)LTD in India at their own cost.
“XXX”will market only“XXX”products in India and all expenses related to marketing will be borne by“XXX”.However visits to India,if required by“XXX”will be borne by “XXX”only.
“XXX”will also act as co-ordinator between“XXX”and the end customer for effective commissioning,after sales support,etc.
“XXX”will maintain full confidentially and not disclose technical details except those required for marketing purposes.
Each Party will appoint a representative to supervise and coordinate its performance of its obligations under this agreement.
Whereas“XXX”will ensure that no patent rights are infringed in the sale of its products through “XXX”and will defend or help to settle any claim against“XXX”and its Customers,in respect of the equipment provided by“XXX”.
The payment terms and a detailed work share between the two companies(to clearly earmark the specific task to be performed by each party)shall be decided and agreed to mutually between the two parties from time to time,on case to case basis for each Project.
Each party agrees to execute a Non-Disclosure agreement on signing of this MOU.
This agreement is on mutually exclusive basis for an initial period of5years subject to generation of business by“XXX”in favour of“XXX”as enumerated earlier in this MOU.
For XXX............................................For XXX……….............…….. AUTHORISED SIGNATORY AUTHORISED SIGNATORY。