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Project agreement
Five selected model articles of project agreement are summarized
In today's social life, the frequency of agreement is on the rise, and the agreement plays a positive role in the performance of both parties' affairs. So how to write the relevant agreement? The following are five project agreements I collected for you, for reference only, hoping to help you.
Project Agreement 1
Party A:
Party B:
In accordance with the Contract Law of the People's Republic of China and other relevant laws and administrative regulations, following the principles of equality, voluntariness, fairness, justice and good faith, and in order to clarify the rights and obligations of both parties, * * * has reached the following agreement through consultation:
First.
project name:
article 2: party a shall provide party b with the necessary enterprise credit certificate and handle the invoice or receipt business for project fund transfer during the construction project contracting process.
article 3: when party b undertakes the construction project in the name of party a, it must strictly fulfill all the terms of the project contract signed by party a and the employer, and send the project contract, budget statement and relevant acceptance certificate signed with the employer to party a's office for filing.
article 4: for the construction project undertaken by party b in the name of party a, all fines and losses shall be borne by party b. Including:
1. fines and losses caused by incomplete engineering procedures;
2. fines and losses caused by unqualified quality inspection (sampling);
3. fines and losses caused by unqualified safety inspection (sampling);
4. fines and losses caused by unqualified material inspection (test);
5. Other fines and losses caused by poor management.
note: the above 1 ~ 5 fines execution departments include the superior competent department, the employer or the supervisor. When the relevant departments of Party A (the Company) inspect Party B's project, it is also applicable to this clause to punish the hidden dangers.
article 5: in the project contracted by party a, party b must strictly implement the rules and regulations of party a and obey the management of party a. Party B must carry out the construction in accordance with the design drawings provided by the construction unit and the construction acceptance specifications and operation procedures issued by the superior, and the project quality standards must meet the requirements. If the standards are not met or unqualified projects appear, all losses caused shall be borne by Party B..
article 6: party b must carry out the construction according to the safety operation regulations, and do a good job in safety production and safety compliance. Take full responsibility for the safety production of this project. Strengthen the safety education for employees, formulate various safety measures, and strictly prohibit illegal operations. In case of violation of safety operation regulations during construction, all losses caused shall be borne by Party B and bear legal responsibilities.
article 7: during the construction of the project, party b must complete the project in strict accordance with the contract period, and the fines caused by the delay in the construction period shall be borne by party b itself. At the same time, Party A will impose a fine on Party B and cancel the escrow relationship with Party B for the reputation impact caused by Party B..
article 8: during the construction process, party b shall organize its own construction personnel. the labor and employment must comply with the national policies and the provisions of the labor law, and be equipped with relevant technical management personnel according to the relevant requirements of the state, province, city, industry or the employer. those who need to hold certificates shall meet the specified requirements. If there is any illegal phenomenon, Party B shall bear the consequences.
article 9: the project built by party b shall be accounted for independently, and shall be responsible for its own profits and losses. after the project funds are allocated in place, party a shall not only withhold taxes according to regulations, but also collect RMB ¥ (in words) according to the total project cost; Or a one-time charge of RMB, and the management fee in words (the management fee will be deducted by Party A in proportion when the construction unit allocates the project funds), and all the remaining project funds will be used by Party B.. Party B shall bear all the responsibilities for the project losses caused by Party B..
article 1: all expenses incurred by party b in the construction of the project, such as required expenses, labor costs and materials costs, shall be borne and paid by party B .. All obligations in the project operation shall be borne by Party B, and Party A shall not bear any responsibilities.
article 11: party b shall independently bear civil and economic responsibilities for petitions or lawsuits caused by party b's default in labor costs and all expenses arising therefrom. Where Party A's social reputation is lost as a result, Party A will impose economic penalties on Party B until the escrow relationship with Party B is terminated.
article 12: during the construction process, party b must strictly follow the provisions of the "measures for the administration of family planning for urban floating population" and strictly follow the family planning regulations of its superiors, so as to strengthen the family planning management for migrants.
article 13: after the completion of the project, the employer will withhold the amount of the project quality warranty money from the total project cost according to the Project Contract signed with Party A, and the employer will return it to Party B after the expiration. During the warranty period, Party B shall immediately send someone to be responsible for the maintenance and settlement of the engineering quality accidents proposed by the Employer, and bear all maintenance expenses and responsibilities.
article 14: in case of any dispute during the execution of this agreement, both parties shall settle it through negotiation; if negotiation fails, the dispute shall be submitted to the local arbitration commission for arbitration or brought to the local court for settlement.
article 15: termination and dissolution of this agreement:
1. due to party b's violation of party a's relevant management regulations:
① the project payment will not be credited to party a's account;
② Failing to pay taxes in time.
③ failing to pay the management fee as required.
④ Party A's reputation is seriously affected due to reasons such as project quality, safety and construction period.
2. due to the management needs of party a, inform party b in the form of a notice that party b can no longer undertake construction projects in the name of party a. Note: The project previously undertaken by Party B in the name of Party A expires.
3. Party B notifies Party A by notice that it will no longer undertake construction projects in the name of Party A.. Note: All the previous projects undertaken by Party B in the name of Party A will expire.
notice form: including written form, letter, e-mail and other forms.
article 16: for matters not covered in this agreement, both parties can negotiate additional clauses to solve them separately, and the additional clauses have the same legal effect as this agreement.
article 17: this agreement is made in duplicate, one for each party after being signed and sealed by both parties, and the agreement shall come into effect as of the date of signing.
Party A:
Representative:
Party B: Representative:
Project Agreement Chapter 2
Party A: xxx Investment Co., Ltd.
Party B: xx Group Company
In view of Party A's good capital operation ability and strong market development ability, Party B has rich social resources and mature project management experience. In accordance with the relevant provisions of the Company Law of the People's Republic of China and the Contract Law of the People's Republic of China, Party A and Party B have reached the following agreement on the joint investment and development of Wuhan Bozhen Dakang Group Co., Ltd. through friendly negotiation, based on the principles of "equality and mutual benefit, consensus, equal compensation and common development":
1.
2. Party A and Party B obtained the right to develop and construct the headquarters of Zhendakang Group and the international display plaza project through the holding of Bozhen Dakang Company, and realized the expected investment income of Party A and Party B through the distribution of shareholder income to Party A and Party B by Bozhen Dakang Company.
3. Party A and Party B agree to sign the Articles of Association at the same time when this Agreement is signed, and Party B will start to go through the formalities of establishing Bozhen Dakang Company.
ii. proportion of capital contribution and payment
1. the registered capital of bozhen dakang company is RMB 1 million. The contribution ratio of Party A and Party B in Bozhen Dakang Company is: Party A contributes RMB 5 million, accounting for 5% of the registered capital; Party B contributed RMB 5 million, accounting for 5% of the registered capital.
2. When Bozhen Dakang Company is incorporated, Party A and Party B must pay the funds to the account of Bozhen Dakang Company according to the following agreement. Party A shall pay RMB 5,,. Yuan to the account of Bozhen Dakang Company before 2x x x x; Party B shall pay RMB 5,,. Yuan to the account of Bozhen Dakang Company before XX.
3. If the above parties fail to fully inject the capital according to the above agreed time, it shall be deemed that the defaulting party has automatically given up its corresponding proportion of equity in Bozhen Dakang Company, and the defaulting party shall go through the formalities of equity transfer with other parties other than the observant party or shareholders.
4. Party A and Party B shall bear the total investment of the Dakang Group Headquarters and the International Display Plaza project according to their respective investment proportions in Bozhen Dakang Company. With the consent of the shareholders of Party A and Party B, Bozhen Dakang Company can also raise the funds needed for the construction of Dakang Group headquarters and international display plaza project by itself.
III. Scope of business of the company
Real estate development investment and sales planning related to real estate and real estate projects; Property management and real estate information consultation of self-owned houses (except intermediary services).
iv. setup of management organization
1. the board of directors of bozhen dakang company consists of five people, of which party a recommends x directors and party b recommends x directors. In the board of directors, the director of Party A is the chairman and the director of Party B is the vice chairman. In the project company, Party B recommends the general manager and Party A recommends the deputy general manager; Party B shall recommend the chief financial officer and Party A shall recommend the cashier, and the above-mentioned candidates shall be appointed by the board of directors.
2. In principle, the project management personnel of Bozhen Dakang Company shall be selected from the personnel designated by Party A and Party B.. The staff sent by both parties to Bozhen Dakang Company must be managed in accordance with the articles of association. The project company has the right to dismiss incompetent and disciplinary personnel.
3. The profit distribution of Bozhen Dakang Company shall be settled according to the fiscal year. All investment income collected by Bozhen Dakang Company for operating the project of Wuhan Bozhen Dakang Group Co., Ltd. shall be distributed according to the proportion of registered capital contribution of Party A and Party B according to law.
4. Party A and Party B promise that if the investment income of Bozhen Dakang Company is used for purposes other than equity distribution, it must be decided by the board of directors and reported to Party A and Party B for confirmation before implementation.
5. Any specific matters involving Bozhen Dakang Company shall be subject to the articles of association of Bozhen Dakang Company.
V. Rights and obligations of both parties
1. Rights and obligations of Party A:
(1) Invest in the project of Wuhan Bozhen Dakang Group Co., Ltd. according to the agreement, and obtain the corresponding investment income in proportion to the shares, and bear the investment risks. Provide startup capital of RMB xxxx million (including bid bond and registered capital) for the project development of Wuhan Bozhen Dakang Group Co., Ltd.;
(2) To work out the profit distribution plan of Bozhen Dakang Company together with Party B and submit it to the board of directors and the shareholders' meeting for approval;
(3) Abide by Party A's obligations stipulated in other clauses of this agreement.
2. Rights and obligations of Party B:
(1) Invest in the project of Wuhan Bozhen Dakang Group Co., Ltd. according to the agreement, and obtain the corresponding investment income in proportion to the shares, and bear the investment risks. Provide the project development start-up capital (including registered capital) of RMB xxxx million for the project of Wuhan Bozhen Dakang Group Co., Ltd.;
(2) Be responsible for handling all formalities, project construction management and marketing planning in the early stage of the project operation and development of Wuhan Bozhen Dakang Group Co., Ltd., carefully organizing and operating scientifically, and striving for the maximization of the project interests of Wuhan Bozhen Dakang Group Co., Ltd.;
(3) with the assistance of party a, sort out the application materials for applying for credit funds from financial institutions, and go through various procedures for applying for credit funds needed for the development and construction of Wuhan Bozhen Dakang Group Co., Ltd. from financial institutions;
(4) Work out the profit distribution plan of Bozhen Dakang Company together with Party A and submit it to the board of directors and the shareholders' meeting for approval;
(5) strictly abide by the obligations of Party B agreed in other clauses of this agreement.
Article 6 Conditions and Premises for Cooperation
(1) Party B shall be responsible for setting the conditions for bidding, auction and hanging of the land in this project, and strive to obtain the corresponding land use right at RMB 1,/mu;
(2) with the help of its experience in real estate development, Party B has obtained corresponding tax concessions during the cooperative construction period;
(3) 8% of the first land payment is contributed by Party A and 2% by Party B after the land auction, auction and auction, but Party B shall return the land payment paid by Party A to Party A no later than 3 months (from the date of prepayment).
Article 7 Agreement on Termination of the Agreement
1. Party A and Party B confirm that this Agreement is based on the contents agreed in Article 6. If either party violates the fourth treaty of this Agreement, the other party has the right to choose to terminate the performance of this Agreement.
2. if the other party terminates the execution of the agreement due to the reason of one party, the breaching party shall perform the compensation liability according to this agreement.
3. The failure of Bozhen Dakang Company to perform its responsibilities due to factors confirmed by both parties may still constitute the reason for terminating this Agreement.
Article 7 Force Majeure Factors
1. "Force Majeure" refers to all events that are beyond the control of the parties to this agreement and are unforeseeable, or that, although foreseeable, inevitably prevent either party from performing this agreement in whole or in part. Such events only include natural disasters such as earthquakes, landslides, collapses, floods and typhoons, as well as fires, explosions, accidents, wars, uprisings, mutinies, social unrest or turbulence, sabotage activities or any other similar or different accidental events.
2. in case of force majeure, if either party fails to perform the agreement, the agreement shall be terminated during the force majeure period, and the performance period shall be automatically extended according to the above suspension time, and no liability for breach of contract shall be assumed.
3. The party suffering from force majeure shall notify the other party in writing, provide the force majeure and its impact, and produce the evidence of the notary department. The party suffering from such force majeure shall also take all necessary measures to terminate or mitigate the impact caused by such force majeure.
4. if force majeure occurs or affects for more than three months continuously and prevents either party from performing this agreement, either party has the right to request the termination of the obligations of the parties concerned under this agreement. When this Agreement is terminated, all parties shall handle their creditor's rights and debts fairly and reasonably.
article 8 dispute settlement
any dispute arising from this agreement shall be settled through friendly negotiation. If no settlement can be reached through consultation, either party to the dispute may submit the disputed matter to xx Arbitration Commission for arbitration, which shall be conducted in accordance with the arbitration rules of xx Arbitration Commission. The arbitral award is final and binding on both parties. During the arbitration, in addition to the contractual obligations involved in submitting arbitration matters, Party A and Party B shall continue to perform their obligations.
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