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3 demonstration contracts for mining projects
Mining engineering contract model 1
Contractor (hereinafter referred to as Party A):
Legal Representative: Tel: Fax:
Place of registration:
Current Office: Postal Code:
Transferee (hereinafter referred to as Party B):
Legal Representative: Tel: Fax:
Place of registration:
Current Office: Postal Code:
Contractor:
In accordance with the Mineral Resources Law of People's Republic of China (PRC), the Contract Law of People's Republic of China (PRC), the Notice of the Ministry of Land and Resources on Establishing and Perfecting the Tangible Market of Mining Rights and other relevant laws and regulations, both parties sign this contract on the principles of equality, voluntariness, compensation and good faith.
The first chapter is the basic situation of contracted mining rights.
Article 1 The mining right contract license shall contain the following contents:
Mining right owner:, license number:, mine name:, economic type:, mining type:, mining method:, production scale:, mining area: square kilometers, issuing authority:, valid from year month day to year month day.
Article 2 The contracted mining right belongs to all, and the ownership of mining right is undisputed, accounting for% shares,% shares,% shares and% shares.
Article 3 The contracted mining right is located at the coordinates of the mining area:
Article 4 Development and utilization of contracted mining rights (to be explained by both parties):
4. others.
Chapter II Contract Price, Payment Method and Realization of Rights and Interests
Article 5 Party A will contract the mining right to Party B in the form of whole sale, capital contribution at a fixed price, cooperation, reorganization and restructuring, and the transaction amount of the contract (whole sale, capital contribution at a fixed price, cooperation, reorganization and restructuring) is RMB one hundred thousand Yuan only (in figures: ¥). (Cooperation: Party A% Party B%; Reorganization: Party A accounts for% and Party B accounts for%; Wait)
Article 6 Party B agrees to pay the above-mentioned mining right contract transaction amount to Party A in accordance with the provisions of paragraph of this article.
1. The transaction amount of the above mining right contract shall be paid in one lump sum within days from the date of signing this contract.
2. Pay the transaction price of the above mining right contract to Party A in installments according to the following time and amount:
Party A's bank:.
Party A's account name:.
Party A's account number:.
Article 7 After Party B pays the mining right price according to the contract, Party A shall provide all the required information in time and assist Party B to handle the relevant formalities.
Article 8 Party B (or the enterprise after the equity change) shall continue to perform obligations such as mine geological environment protection, management and restoration, land reclamation, and payment of mining rights. Party A fails to perform according to the following agreement:
1. Comprehensive management of mine environmental protection, and Party B (or the enterprise after the change of shares) continues to perform obligations such as deposit payment and management;
2. Geological disaster control plan, in which Party B (or the enterprise that changes its shares) continues to perform its obligations such as geological disaster control;
3. Land reclamation plan: Party B (or the enterprise after the equity change) will continue to perform its obligations such as land reclamation according to the proposed land reclamation plan.
4. Mining right price * * * The total mining right price is RMB10,000.00 Yuan, and RMB10,000.00 Yuan is paid annually. Party B (or the enterprise that changes its shares) will continue to pay RMB 1 ten thousand yuan annually, RMB 1 ten thousand yuan annually and RMB 1 ten thousand yuan annually.
5. After other legal obligations are signed, Party B (or the enterprise after the equity change) will continue to perform as required.
Chapter III Liability for Breach of Contract
Article 9 If one party fails to perform its obligations under this contract, it shall be liable for breach of contract.
Article 10 Both parties agree to assume their respective liabilities for breach of contract according to the following agreements:
1. If Party A violates the provisions in Article of this Contract, it shall (calculation method of paying liquidated damages or compensating losses).
2. If Party A violates the provisions in Article of this contract, it shall (the calculation method of paying liquidated damages or compensating losses).
Chapter IV Applicable Law and Dispute Resolution
Article 11 The conclusion, validity, interpretation, performance and dispute settlement of this contract shall be governed by the laws of People's Republic of China (PRC).
Article 12 Any dispute arising from the performance of this contract shall be settled by both parties through consultation. If negotiation fails, it shall be settled in the way specified in Item of this article:
(a) apply to the Arbitration Commission for arbitration;
(2) Bring a lawsuit to the people's court.
Chapter V Supplementary Provisions
Article 13 Matters not covered in this contract can be agreed upon by both parties through consultation, which shall be regarded as annexes or supplementary contracts to this contract and have the same legal effect as this contract.
Article 14 This contract has * * pages in total and is made in duplicate, all of which have the same legal effect. Party A and Party B each hold one copy, and the mining right contracting transaction undertaking institution each holds one copy.
Party A: (official seal) Party B: (official seal)
Legal representative (signature): Legal representative (signature):
Authorized Agent (signature): Authorized Agent (signature):
Agent ID number: Agent ID number:
Signing time: year month day
Signing place:
Model mining engineering contract II
Party A (Employer):
Party B (contractor):
According to the Contract Law of People's Republic of China (PRC) and other laws and regulations, Party A and Party B sign this contract on the principles of equality, voluntariness, friendly negotiation and good faith.
1. Party A will contract the mining construction service located at (inflection point coordinates in the mining area) to Party B. ..
2. The term of the contract is 1 year, starting from, and ending on, or ending when the excavation is 2000m.
Third, the way of contracting:
Party B shall be responsible for organizing personnel to carry out excavation construction, and Party A shall pay Party B labor remuneration according to the amount of excavation per meter. Payment method is:
1. Pay the labor remuneration of this batch of progress every 300 meters for the first two times;
2. Pay off the labor remuneration of this batch of progress every 200m;
3. After the total excavation volume is 1000m, the labor remuneration for this batch of progress will be paid once every150 m..
Four. Party A shall provide all mine equipment and fixed assets for mining.
5. The blasting materials needed for mining shall be provided by Party A, and the expenses shall be borne by Party B. If Party B stops working due to the untimely supply of blasting materials, Party A shall compensate Party B for the losses.
6. Party B is responsible for hiring and managing construction personnel. Wages and benefits shall be negotiated by Party B and the workers themselves, and Party A shall not interfere.
7. Party B shall pay the RMB mortgage to Party A and return it to Party B in time after the termination of this contract.
Eight. Party A has the obligation and responsibility to coordinate public relations with relevant local departments and strive to create a good mining environment for Party B. Party A must provide exploitable mineral resources and mining environment as agreed in the contract.
9. If Party B fails to carry out the construction due to Party A's reasons, or Party A unilaterally terminates the contract in the middle, Party A shall return the paid mortgage twice and compensate other losses caused by the breach of contract.
X. If Party B finds hidden dangers in production safety or damages the geological environment during mining, it can stop production.
XI。 Party A must pay the labor remuneration on time according to this contract. If the price cannot be paid on time, Party B shall pay a late fee of 3‰ of the delayed payment amount every day from the date of delay. If the overdue payment exceeds 65,438+0 months, Party B has the right to terminate the contract.
12. This contract shall come into effect as of the date of signature or seal by both parties.
Thirteen. This contract is made in quadruplicate, with each party holding two copies, all of which have the same legal effect.
Party A: Party B: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Model mining engineering contract 3
Employer (Party A):
Contractor (Party B):
In order to ensure safety in production and improve production efficiency, this contract is hereby concluded by and between Party A and Party B in accordance with the Contract Law of People's Republic of China (PRC) and the Construction Law of People's Republic of China (PRC), in combination with the specific conditions of this project, and in order to clarify the rights, obligations and responsibilities of both parties.
First, the form of contract
1. Both parties agree that Party B will independently contract the construction of the underground excavation project in Party A's mining area, and the actual construction scope will be subject to the scope shown in the construction drawing provided by Party A. (According to the actual production situation, both parties can negotiate to adjust the construction scope, and the adjustment scope will be confirmed in writing. )
2. Party B undertakes Party A's project in the form of lump sum (namely, the construction, output, progress, materials provided by Party B, electricity consumption, organization and management of construction personnel, operation and maintenance of construction equipment provided by Party A), and is fully responsible for safety production, project quality and product quality. Independently undertake the safety production responsibility and civil liability of the contracted scope according to law.
Second, the content of the contract project
1. development project: the expansion and starting point are calculated according to the unit price of the corresponding project.
2. Potential customer projects:
3, mining engineering
4, mining engineering:
The quantities and other technical parameters of all the above-mentioned projects shall be subject to the description of construction drawings delivered by Party A to Party B, and the construction drawings delivered by Party A to Party B shall be regarded as the annex of this contract.
Third, the valuation method and unit price
(1) valuation method
1, the total price shall be calculated by multiplying the engineering quantity by the unit price for the excavation project that has passed the acceptance.
2. The ore output is calculated according to the net ore output after deducting waste rock and water from the original ore; The calculation method of total ore price is net ore quantity multiplied by ore unit price.
(2) unit price
The above tunneling cost quota is calculated according to the water inflow of tunneling faces less than 40m3/h, and if the water inflow of a single working face is greater than 40 m3 /h, the excess drainage electricity fee shall be borne by Party A..
Four. Supply of equipment and materials
(1) Equipment and materials provided by Party A
1. The large-scale equipment provided by Party A includes: power transformer, power distribution cabinet, tractor, rectifier cabinet, crusher and belt conveyor, permanent water pump, permanent hoist, permanent air compressor and magnetic pulley. See Annex I: List of Equipment Provided by Party A for details.
2. Party A shall provide Party B with the following main materials: underground track-laying materials, main feng shui pipes, main cables, overhead lines and accessories of electric locomotives, wire ropes used for winches for the first time and ground rollers used for inclined shafts for the first time. See Annex II for details: List of Information Provided by Party A..
(II) Equipment and materials provided by Party B.
In the project contracted by Party B, except for the large-scale equipment and materials clearly provided by Party A in Article 3 (1), all other materials, water and electricity consumption, tools and other equipment configuration shall be borne by Party B, and the expenses incurred shall be borne by Party B. ..
Verb (abbreviation of verb) Other expenses that shall be borne by Party B..
1. Party B is responsible for the safety management in the contracted mining area and living area, including providing enough safety management personnel and engineering professionals according to the requirements of laws and regulations; And conduct safety education and training for employees, and the training expenses shall be borne by Party B. ..
2. Transportation and miscellaneous expenses of equipment and materials within the contracted scope, installation fees of small equipment, fees for other auxiliary works of freight yard management, and fees for temporary support safety measures.
3. Party B is independently responsible for the organization and employment of personnel within the contracted scope; The expenses for purchasing and keeping materials shall be borne by Party B. Party B shall independently coordinate the relationship with relevant departments, and Party A may help Party B to coordinate at the request of Party B, and the expenses incurred shall be borne by Party B. ..
4. Party B shall pay the relevant taxes and fees to the relevant departments on time according to law, and Party B shall bear the fines or other losses caused by Party B's failure to pay in time.
5. After contracting the project, Party B's living and production expenses, as well as insurance and welfare benefits for all Party B's personnel.
Intransitive verb Party B promises.
1. production task: it is planned to produce iron ore 10000 tons (net ore volume) throughout the year. The specific arrangement of various specifications of the mine roadway and mining operation plan shall be subject to the production operation plan issued by Party A in that year.
2. Party B guarantees to reach the planned targets such as project quality, product quality, project progress, output and equipment integrity rate agreed in this contract.
3. Safety production responsibility objective: No industrial accidents, deaths and serious injuries. Carry out safety education and safety management in strict accordance with the safety production supervision and management agreement and the responsibility form of safety production target management, and complete the safety production target tasks.
4. During the contract period, the intact rate of Party B's management and use of the main equipment provided by Party A is over 95%, and the intact rate of other equipment and facilities is over 85%.
Seven, the project schedule, quality requirements and payment methods.
1, Party B's monthly ore output, mining, product quality and engineering quality must be strictly implemented in accordance with the production tasks and design requirements of the month issued by Party A and the standards agreed in this contract. There is no applicable national standard for the standards agreed in this contract.
2. When the ore particle size is less than 400 mm, the large pieces entering the concentrator shall be handled by Party B, and the expenses shall be borne by Party B. ..
3. Mining construction should be carried out in strict accordance with the design requirements, strictly control the mixing of waste rock, and prohibit the mixing of ore and rock. If Party B finds out, it will pay a one-time penalty of 500-2,000 yuan to Party A, and the specific amount will be determined by Party A according to the situation.
4. The measurement of excavation works shall be based on the quantities accepted by both parties at the end of the month. The settlement ore quantity shall be subject to the net ore quantity measured by Party A's quality inspection department. ..
5. When Party B completes the monthly excavation plan task100%-10% (excluding 1 10%) issued by Party A, the excavation unit price shall be subject to the contract unit price; Complete Party A's monthly planning tasks.
When 1 10%- 120% (excluding 120%), the tunneling unit price will increase by10%; When Party A completes the monthly planned task 120%- 130%, the tunneling unit price will rise by 20%; When more than 130% of the planned task is completed, the tunneling unit price will rise by 30%; If the tunneling task is not completed in the current month, the tunneling unit price in the current month shall be executed according to the percentage of tunneling completion in the current month multiplied by the agreed unit price.
6. The project payment shall be subject to the production plan issued by Party A in the current month. According to the progress of the month, pay 90% of the project payment last month (10% is the quality deposit; Ore and mining engineering without high-quality deposits)
7. If Party B fails to pass the safety assessment, Party B shall bear the liquidated damages according to the agreed standards of Party A's responsibility book for safe production target management. ..
Eight, project acceptance
1. Party B shall organize the construction in accordance with Code for Construction and Acceptance of Mine Engineering (GBJ2 13-90) and relevant regulations and construction drawings to ensure that the engineering quality is all qualified.
Both parties shall accept and evaluate the project quality level according to the above standards.
2. In order to ensure the quality of the project, the materials purchased by Party B must have a certificate of conformity and a laboratory test sheet, otherwise they shall not be used, and the substitution of materials must be approved and signed by Party A. ..
3. The acceptance time will be from 20th to 25th every month, and both parties will participate in the acceptance. The unqualified items shall be rectified by Party B for free on schedule until they are qualified;
4. For acceptance of concealed works, Party B shall notify Party A's representative in writing 24 hours in advance. If Party A's representative is not present, Party B may conceal himself and make records, and Party A shall undertake and issue the visa;
6. After the project is completed and delivered to production, Party B shall be responsible for repairing or compensating the quality problems of the project constructed by Party B within one year.
7. The acceptance of bolting and shotcreting roadway shall be carried out according to the Technical Specification for Bolting and Shotcreting Support. The shotcrete project approved by Party A can be settled according to the actual thickness of shotcrete.
Nine. Rights and obligations of Party A
1. Party A is responsible for the unified planning, mining scheme design and production management of the mine. At the beginning of each month, Party A issues the production plan and tasks of the month to Party B in written form, and the production plan and tasks issued by Party A are an integral part of this contract.
2. Within the scope approved by Party A, Party A shall be responsible for supplying initiating explosive devices, and Party B shall pay 120% of the purchase cost price to Party A for the part exceeding the approved consumption. Party A has the right to supervise Party B's transportation, storage, management and use of initiating explosive devices, and correct Party B's practices that do not meet the management requirements.
3. Party A leases the existing fixed facilities (including offices, dormitories, warehouses, computer rooms, etc.). ) and living facilities are provided to Party B free of charge. See Annex 4 for details: Production and Living Facilities Provided by Party A. After Party B receives the above facilities, Party B shall be responsible for the house repair, and the repair expenses shall be borne by Party B..
Other expenses, such as water and electricity, incurred after the house is delivered to Party B shall also be borne by Party B. ..
4. Party A has the right to manage Party B's safe and civilized production and stop Party B's illegal activities; Have the right to conduct safety inspection on Party B's production and put forward safety rectification instructions, which Party B shall comply with. Have the right to stop Party B from violating laws and regulations.
5. Party A has the right to require Party B to pay liquidated damages such as unqualified products and projects and failure to complete production tasks. The calculation method of liquidated damages is: 30% of the amount of unqualified products and projects or unfinished tasks.
X. rights, obligations and responsibilities of party b
1. Party B has the right to get the project payment according to the contract.
2. Party B shall be fully responsible for the safety and technical management in the production process to ensure the safety and quality of production.
3. Party B is responsible for maintaining the major large-scale equipment provided by Party A within the scope of the contract and ensuring the equipment intact rate. For the intact standard, see Annex III of this contract: Equipment Integrity Standard. After Party B uses Party A's equipment, it shall hand it over to Party A intact. If there is any damage, Party A shall be compensated for the loss.
4. Party B must obey Party A's safety production management and arrange production in strict accordance with Party A's design requirements and production plan; Party B shall abide by all safety management systems and safety operation procedures formulated by Party A. ..
5. Party B needs Party A's consent to change the project manager or person in charge.
6. Party B must sign a written labor contract with the self-employed management personnel and construction personnel in accordance with the requirements of national labor laws and regulations, and provide Party A with a copy of the signed labor contract. If Party B fails to perform the obligation of signing a labor contract, Party B shall bear the relevant responsibilities, and Party B shall not recruit unidentified personnel and strictly manage the personnel to be recruited.
7. After contracting the project, Party B shall strengthen safety management to avoid safety accidents. Party B shall be responsible for equipment accidents, casualties and other safety accidents caused by ineffective safety measures in production and life, and bear the expenses arising therefrom.
XI。 Termination of contract
1. This contract can be dissolved through negotiation between both parties.
2. Under any of the following circumstances, Party A has the right to terminate the contract, and Party B shall leave the production site within 10 days after receiving the termination notice from Party A, and the losses shall be borne by Party B..
(1) Party B organizes personnel to besiege and beat Party A's staff or attack Party A's office in any way.
(2) Party B refuses to accept Party A's safety instructions and disobeys Party A's safety production management according to law.
(3) Party B failed to complete 50% of the monthly output of Mission Hills for two consecutive months.
(4) The performance period agreed in this contract expires.
(5) Due to Party B's various breach of contract, Party B must leave the construction site within 65,438+00 days after receiving Party A's notice of termination (dissolution) of the contract. If Party B fails to evacuate, Party B shall pay a penalty of RMB 10000 to Party A every day until the evacuation of Party B is completed.
3. After the termination of the contract, the number of medium and deep holes and storage holes blasted by non-Party B shall be settled as follows:
1), the total price of the deep hole meeting the design requirements is calculated by multiplying the total footage by the unit price. The unit price is yuan/meter.
2) Calculate the total price according to the quantity multiplied by the unit price. The deposit is determined according to Party A's design and field measurement data. If there is any dispute between the two parties on the calculation method, Party A shall entrust a qualified organization to re-evaluate the calculation according to the design and field measurement data of Party A, and the expenses incurred shall be shared equally by both parties. The unit price of the deposit is RMB/ton.
Twelve. others
1. Party B's building in the mining area needs the consent of Party A, and the specific contents shall be agreed by both parties in writing.
2. Any dispute arising from the execution of this contract shall be settled through friendly negotiation. If negotiation fails, either party may bring a lawsuit to the people's court in the place where the contract is performed.
3. This contract shall be valid from the date of signing to the date of year.
4. Matters not covered in this contract shall be supplemented by both parties through consultation.
Party A: Party B:
Legal representative:
Authorized Agent: Authorized Agent:
Tel: Tel:
Year, month, sun, moon, sun.
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