fidic白皮书英文版
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FIDIC,
CLIENT/CONSULTANT MODEL SERVICES AGREEMENT
(“White Book”)
Third Edition, 1998
CONTENTS
AGREEMENT
GENERAL CONDITIONS
DEFINITIONS AND INTERPRETATION
1. Definitions
2. Interpretation
OBLIGATIONS OF THE CONSULTANT
3. Scope of Services
4. Normal, Additional and Exceptional Services
5. Duty of Care and Exercise of Authority
6. Client's Property
OBLIGATIONS OF THE CLIENT
7. Information
8. Decisions
9. Assistance
10. Equipment and Facilities
11. Client's Personnel
12. Services of Others
PERSONNEL
13. Supply of Personnel
14. Representatives
15. Changes in Personnel
LIABILITY AND INSURANCE
16. Liability between the Parties
Liability of the Consultant
Liability of the Client
Compensation
17. Duration of Liability
18. Limit of Compensation and Indemnity
Limit of Compensation
Indemnity
Exceptions
19. Insurance for Liability and Indemnity
20. Insurance of Client's Property
COMMENCEMENT, COMPLETION, ALTERATION AND TERMINATION OF THE AGREEMENT
21. Agreement Effective
22. Commencement and Completion
23. Variation
24. Further Proposals
25. Delays
26. Changed Circumstances
27. Abandonment, Suspension or Termination
By Notice of the Client
By Notice of the Consultant
28. Exceptional Services
29. Rights and Liabilities of Parties
PAYMENT
30. Payment to the Consultant
31. Time for Payment
32. Currency of Payment
33. Third Party Charges on the Consultant
34. Disputed Invoices
35. Independent Audit
GENERAL PROVISIONS
36. Languages and Law
37. Changes in Legislation
38. Assignment and Sub-Contracts
39. Copyright
40. Conflict of Interest/Corruption and Fraud
41. Notices
42. Publication
SETTLEMENT OF DISPUTES
43. Amicable Dispute Resolution
Attempt to Resolve
Referral to Mediator
Appointment of Mediator
Agreement of Program
Written Agreement to be Binding
Non-binding Opinion
Costs of Mediation
Failure of Mediation
44. Arbitration
PARTICULAR CONDITIONS
A. References from Clauses in the General Conditions
B. Additional Clauses
APPENDICES
A. Scope of Services
B. Personnel, Equipment, Facilities and Services of Others to be Provided
by the Client
C. Remuneration and Payment
AGREEMENT
This Agreement made the ______________ day of ___________, ____ between
__________________________________________________________________
of ________________________________________________________________
(hereinafter called "the Client") of the one part
and _______________________________________________________________
of ________________________________________________________________
(hereinafter called "the Consultant") of the other part.
WHEREAS the Client desires that certain Services should be performed by the Consultant, namely
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
and has accepted a proposal by the Consultant for the performance of such Services.
NOW THIS AGREEMENT WITNESSETH AS FOLLOWS
1. In this Agreement words and expressions shall have the same meanings as are
respectively assigned to them in the Conditions of the Client/Consultant Model Services Agreement hereinafter referred to.
2. The following documents shall be deemed to form and be read and construed as
part of this Agreement, namely:
(a) The Letter of Acceptance;
(b) The Conditions of the Client/Consultant Model Services Agreement
(General Conditions and Particular Conditions)
(c) The Appendices, namely:
Appendix A - Scope of Services
Appendix B - Personnel, Equipment, Facilities and Services of Others
to be Provided by the Client
Appendix C - Remuneration and Payment
3. In consideration of the payments to be made by the Client to the Consultant as
hereinafter mentioned the Consultant hereby agrees with the Client to perform the Services in conformity with the provisions of the Agreement.
4. The Client hereby agrees to pay the Consultant in consideration of the
performance of the Services such amounts as may become payable under the
provisions of the Agreement at the times and in the manner prescribed by the
Agreement.
In Witness whereof the parties hereto have caused this Agreement to be executed the day and year first before written in accordance with their respective laws.