Party B: _ _ _ _ _ _ _ _ _ _ _
Through equal consultation, Party A and Party B have reached the following agreement on the construction of zhang wan beautiful countryside Project in Feili Town, Langxi County for mutual compliance.
I. Purpose of the partnership
On the premise of legality and rationality, do a good job in engineering construction and then maximize the profits of all parties.
Second, the scope of the partnership project
Scope of the project contracted by the partnership: zhang wan Point beautiful countryside Project signed by _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _. _ _ _ _ _ _ _ _ _ _ _ _ _ The project contracted by Party A and Party B in partnership appears in the name of Anhui Xinyu Construction Engineering Co., Ltd. ..
Three. Term of partnership
Term of partnership: the partnership construction project will start and end after completion, settlement by all parties and responsibilities and obligations stipulated by relevant laws.
Four. Amount, mode and proportion of capital contribution
1. The capital contribution of Party A accounts for _ _ _% of the total capital contribution.
2. The capital contribution of Party B accounts for _ _ _ _% of the total capital contribution.
Verb (abbreviation of verb) income distribution and debt commitment
1, surplus distribution, based on capital contribution, in proportion;
2. If the partnership generates debts, the partnership property shall be paid off first; When the partnership property is insufficient to pay off, it shall be jointly borne by * * * based on the capital contribution of each partner.
Rights and obligations of intransitive verbs
1. The "finance" during the cooperation period shall be the responsibility and management of both parties, and all financial income and expenditure of the cooperation project shall be approved by both parties before being spent and recorded;
2. Party A is responsible for all the management of the project department;
3. Party A and Party B reach an agreement on major issues of the partnership;
4. Party A and Party B shall bear all responsibilities and obligations arising from this project.
Seven. Prohibited behavior
1. Without the consent of all partners, it is forbidden for any partner to conduct business activities in the name of engineering partnership without permission, and all the consequences arising therefrom shall be borne by himself and have nothing to do with other partners;
2. It is forbidden for partners to quit when the partnership is unfavorable.
8. The partnership expires.
Upon the expiration of the partnership, both parties shall carry out liquidation in accordance with the partnership agreement. After the project is completed, the profits and losses shall be borne, distributed and assumed by both parties as well as the responsibilities and obligations stipulated by law.
Nine. Dispute mediation
Disputes between partners shall be settled through consultation on the principle of being conducive to the development of the partnership. If negotiation fails, you can bring a lawsuit to the court.
X. Entry into force and supplementation
1. This Agreement shall come into effect after being signed by all parties, each party holding one copy;
2. For matters not covered, both parties shall negotiate separately and sign a supplementary agreement.
Party A: _ _ _ _ _ _ Party B: _ _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Partnership Company Contracting Project Agreement 2 Party A: _ _ _ _ _ _ (hereinafter referred to as Party A)
Party B: _ _ _ _ _ _ (hereinafter referred to as Party B)
With the participation of both parties in bidding, the owner will award this agreement to Party A through the joint efforts of both parties ... After consultation, both parties have reached an agreement on the construction of the General Agreement on Cooperative Construction, and please * * * abide by it together.
Article 1 Responsibilities and requirements for project implementation
1. Party A shall hand over the implementation responsibility of all projects under the master agreement to Party B (including all changed projects under this agreement).
2. The construction period and quality must meet the requirements of the master agreement or the owner.
Article 2 Party A's responsibilities
1, responsible for timely handling the procedures of performance guarantee and mobilization advance payment guarantee of the master agreement.
2. Be responsible for providing corresponding authorization for Party B to execute the master agreement and solving matters that can only be solved by Party A. ..
3. Be responsible for transmitting instructions, notices, drawings and materials to Party B in time. Relevant to the implementation of this agreement come from the owner, supervisor and local governments along the line.
4. Be responsible for timely handling the measurement and payment declaration that Party B needs to complete.
5, responsible for the supervision and inspection of project quality, progress, civilized construction, safety in production, environmental protection, measurement and payment, etc.
Article 3 Party B's responsibilities
1. is responsible for performing the construction, defect repair and warranty responsibilities of the master agreement on behalf of Party A. ..
2. Be responsible for completing the project with its own resources in accordance with the requirements of the master agreement, at its own risk and self-financing.
3. Consciously accept the supervision and inspection of Party A, the owner and the supervisor.
4. Be responsible for paying Party A: within 7 days from the date of signing this agreement, Party A shall pay the mortgage payment of RMB yuan and the corresponding financial expenses to the bank that guarantees the main agreement.
5. Be responsible for paying the performance bond of this agreement to Party A within 7 days from the date of signing this agreement.
6. Promise not to engage in activities unrelated to this project in the name of Party A or the project department.
7. Without Party A's permission, all or any part of this project shall not be subcontracted or subcontracted to a third party.
8. Be responsible for timely paying off all kinds of debts arising from the implementation of this project and paying the wages of migrant workers in time.
9. Submit the statistical statements of the current month and the progress plan of the next month to Party A before 25th of each month. The owner's measurement and payment report shall be sent to Party A within 3 days after approval.
10. After the completion of the project, in addition to the complete completion data, the owner's final payment report, completion certificate, construction summary, etc. It shall be submitted to Party A. ..
1 1. Be responsible for providing necessary working and living conditions for personnel sent by Party A to engage in project management or solve problems that need to be solved by Party A. ..
Article 4 seal management
The seal of the Project Management Department is managed by the authorized representative of Party A, and the seal scope is only used for various reports, documents, materials, certificates, project settlement and cost sharing of the owner, supervisor and local government. If it is really necessary to use the name and seal of the project management department in the labor service contract, machinery and equipment purchase and lease contract, various materials purchase and processing contract and temporary land acquisition contract required by Party B, it must be approved by the representative of Party A, and the user must be Party B or its authorized representative.
Article 5 Fees, Settlement and Payment
1. The advance payment for mobilization, advance payment for materials, project settlement and bonus paid by the owner for this project shall be owned by Party B, and the corresponding fines shall also be borne by Party B. ..
2. Party A will charge a management fee of% of the total price of the master agreement (including alteration and claim fees). The collection of the construction process is calculated based on the statistical output value of Party B in the current month, and the final total management fee is calculated based on the final payment of the project by the owner. Party B shall remit this month's management fee to the account designated by Party A before 30th of each month.
3. Party A shall pay the deposit to Party B within 7 days after receiving the bank guarantee.
4. On the premise that the owner has fulfilled the responsibility of repairing the defects of the project, Party A shall pay the quality deposit returned by the owner to Party B within 7 days.
5. Party B shall be responsible for all taxes and fees generated by this project and pay taxes and fees according to relevant regulations.
6. The salary of the personnel dispatched by Party A shall be borne by Party B, and the standard is _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
Article 6 Liability for breach of contract
1. For Party A's contractual responsibilities stipulated in the master agreement, both parties shall bear their respective responsibilities according to the provisions of this agreement. In case of breach of contract due to its own reasons, the breaching party shall not require the other party to bear the liability for breach of contract.
2. If the progress and quality do not meet the requirements of the owner, Party B shall make unconditional rectification until it meets the requirements of the owner. Otherwise, Party A has the right to dissolve this Agreement, confiscate part or all of Party B's performance bond and quality bond, and bear all economic losses caused to Party A therefrom.
3. If Party B's construction causes environmental pollution, Party B shall promptly remove the pollution at its own expense and compensate the economic losses of the polluted party.
4. If a safety accident occurs due to Party B's own reasons, causing personal and property damage to Party B, Party A or a third party, Party B shall bear the accident handling expenses at its own expense and compensate the injured party.
5. If Party B fails to complete the project on schedule, and thus incurs the owner's punishment for Party A, it shall be borne by Party B and double the compensation for Party A's losses.
6. If Party B fails to pay the management fee to Party A in time, Party B shall pay 0.5‰ of the total late payment. Pay late fees to Party A every day.
7. If the security deposit is not paid in full, Party A has the right to terminate this agreement and recover the construction right of this project.
8. If Party B subcontracts this project without authorization or engages in economic activities unrelated to this project in the name of Party A, Party A has the right to terminate the agreement and recover the project, and Party B shall bear all economic losses caused to Party A from this.
9. If Party B fails to pay off the debts arising from the implementation of this project in time, Party B shall bear all legal responsibilities, economic and reputation losses caused to Party A from this.
Article 7 Others
1. For matters not covered, both parties shall negotiate amicably and sign a supplementary agreement. As a supplement to this agreement, the supplementary agreement shall not conflict with this agreement and shall be implemented together with this agreement.
2. All disputes arising from the performance of this Agreement shall be settled by both parties through negotiation in good faith. If negotiation fails, both parties may bring a lawsuit to the people's court where Party A is located.
Article 8 Supplementary Provisions
1. This agreement shall come into effect after being signed and sealed by both parties. After fulfilling all the obligations agreed in the agreement, the project is completed and accepted, all the engineering materials are handed over, the warranty period expires, and all expenses are settled before termination.
2. This agreement is made in triplicate. Party A holds two copies and Party B holds one copy.
Party A: (Seal) _ _ _ _ _ _ Party B: (Seal) _ _ _ _ _ _ _
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Agreement of the Partnership Company to Contract the Project 3 Party A: _ _ _ _ _ _ _ _ _
Party B: _ _ _ _ _ _ _
In the spirit of equality, mutual benefit, unity, cooperation and common development, Party A and Party B, through friendly negotiation, have reached the following terms and conditions for their joint participation in the project construction:
The first general rule
This agreement is a one-time joint agreement between both parties. The terms of the agreement are only binding on the project construction.
1.2 All clauses shall comply with laws and regulations promulgated by the state.
1.3 Both parties are independent and equal partners, and carry out economic and production activities within the scope of cooperation according to the division of responsibilities of both parties.
Article 2 Project arrangement and expenses
2. 1 party b shall organize the construction of this project, and bear all risks and legal obligations expressed or implied in the construction contract and correspondence documents signed between party a and the owner, including labor costs, materials costs, machinery costs, test costs, defect repair costs, insurance premiums and taxes.
2.2 Party A and Party B form a project department to coordinate the relationship with the owner and the supervisor.
2.3 Party B shall bear the construction management fees, personnel salaries, site fees, travel expenses and communication fees of both parties.
2.4 Party B shall pay Party A the management fee of% of the effective bid price of this project (excluding tax, the provisional amount is calculated according to the actual occurrence). Payment method of management fee:.
Article 3 Party A's responsibilities
3. 1 Project Department: Party A appoints a project manager and a financial personnel to participate in engineering and financial management, and is responsible for the normal work of project construction progress, quality and safety management.
3.2 Party A shall set up a dual-control bank account at the project site, and the withdrawal shall be confirmed by Party A's official seal and the seal of Party B's financial supervisor. After the project measurement payment is in place, Party A's management expenses will be deducted, and the balance will be allocated to Party B for project construction within three days.
3.3 After Party A pays taxes in Qingdao, Party A is responsible for issuing tax withholding certificates to Party B according to the subcontracting agreement.
3.4 Assist Party B to sort out the project completion data.
Article 4 Responsibility of Party B
4. 1 In the project department, Party B appoints the deputy project manager to organize the personnel and equipment needed for the project construction and inject the funds needed for the project construction. The quality of the project should be based on the on-site supervision and acceptance, so as to ensure the implementation and completion of the contract project, the repair of its defects and the stability of personnel. In case of serious quality problems in engineering construction, Party A has the right to unilaterally terminate this agreement and refuse to pay the project progress payment, and Party B shall bear the liability for breach of contract.
In the process of construction, Party A has the right to ask for replacement if it is incompetent due to low professional quality.
4.3 Party B shall have a strong sense of responsibility for the engineering tasks undertaken and safeguard Party A's corporate reputation. Creditor's rights and debts arising from the construction of this project shall be borne by Party B. Party B shall bear all economic and legal responsibilities for the construction period, shield number and safety of the project tasks undertaken.
4.4 The management personnel of Party B must abide by Party A's various management systems and relevant national laws and regulations, and obey the unified leadership of the project department.
4.5 Pay the wages, accommodation, travel expenses and communication expenses of Party A's on-site personnel.
4.6 Party B shall not use any labor, materials and mechanical equipment on credit in the name of Party A and the Project Department.
4.7 Party B's financial management shall be financially independent and responsible for its own profits and losses.
4.8 This Agreement is made in quadruplicate, with Party A and Party B holding two copies respectively, and shall come into effect after being signed and sealed.
Party A: _ _ _ _ _ _ Party B: _ _ _ _ _ _ _
Legal representative: _ _ _ _ _ _ _ _ Legal representative: _ _ _ _ _ _ _
Authorized Agent: _ _ _ _ _ _ (signature) Authorized Agent: _ _ _ _ _ _ (signature)
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Agreement of the Joint Venture Company on Project Contracting 4 Party A: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Party B: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Party A entrusts Party B to undertake the maintenance project of Zhangjiang Scenic Spot in Libo. In accordance with the Economic Contract Law of the People's Republic of China and the Regulations on the Contract of Construction and Installation Projects, and in combination with the specific conditions of this project, Party A and Party B, based on the principle of division of labor and cooperation, signed the following terms and conditions through consultation to ensure the project quality and complete the construction tasks on schedule:
I. Project Name: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
2. Project location: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Third, the way of contracting: contracting for labor and materials
4. Construction scale: 77.24m3 of stonework, stair maintenance 17 steps, 48m2 of stone floor pavement, 7 1.82m2 of wharf footpath, stonework blasting in river course, toilet maintenance in Tiandong, etc.
Verb (abbreviation of verb) Total project cost: fifty-six thousand one hundred and twenty yuan only (56 120.00 yuan).
The commencement time of the intransitive verb: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
7. Completion time: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Eight, engineering quality requirements and responsibilities
Responsibilities of Party A: Party A is responsible for handling all kinds of formalities required for project construction, coordinating and handling related matters, and ensuring the smooth development of the project.
Party B's responsibilities:
1. Party B must carry out the construction in strict accordance with the construction drawings, construction plans and relevant engineering construction specifications approved by Party A, and unconditionally accept the quality supervision and management of Party A. ..
2. Party B must do a good job in environmental protection and health management at the construction site. In the process of construction, earthwork excavation, transportation and disposal of construction dump must be carried out according to the location and requirements specified by Party A, and the surrounding forest vegetation should be protected, and it is not allowed to be destroyed at will.
3. After the completion of the project, Party B shall do a good job in cleaning up the project garbage and ensure the protection of the construction project before acceptance, so that it will not be damaged, and the consequences arising therefrom shall be borne by Party B. ..
9. Safety management: Party B must strengthen construction safety. If Party B causes direct or indirect economic losses due to improper safety management or construction operation and technical problems during construction, Party B shall bear all the losses.
X completion acceptance: after the completion of the project, Party B must notify Party A orally or in writing, and provide Party A with complete completion data, completion report and related materials. Party A shall timely organize relevant personnel to conduct acceptance according to the time notified by Party B, and issue an acceptance conclusion.
1 1. Payment method: Party A shall pay by installments according to Party B's project progress. After the acceptance, Party B shall issue a tax bill to settle the project payment in one lump sum.
12. Warranty period: after the project is completed and accepted, the warranty period is one year.
Thirteen. Matters not covered in the above terms can be settled by both parties through consultation.
Fourteen This agreement is made in duplicate, one for Party A and one for Party B..
Party A (official seal): _ _ _ _ Party B (official seal): _ _ _ _ _
Legal representative (signature): _ _ _ _ _ Legal representative (signature): _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Agreement of the partnership company to contract the project 5 Party A: _ _ _ _ _ _ _ _
ID number: _ _ _ _ _ _
Mailing address: _ _ _ _ _ _
Tel: _ _ _ _ _ _
Party B: _ _ _ _ _ _
ID number: _ _ _ _ _ _
Mailing address: _ _ _ _ _ _
Tel: _ _ _ _ _ _
Through equal consultation, Party A and Party B have reached the following agreement on _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
I. Purpose of the partnership
On the premise of legality and rationality, do a good job in engineering construction and then maximize the profits of all parties.
Second, the partnership project and scope
The partnership project shall be subject to the project content and scope determined in the bid winning contract of _ _ _ _ _ _.
The project contracted by Party A and Party B in partnership appears in the name of _ _ _ _ _ _ _.
Three. Term of partnership
The duration of the partnership enterprise shall be until the project constructed by the partnership enterprise is completed and the settlement between the two parties is completed.
Four. Amount, mode and proportion of capital contribution
1. Party A contributes in cash, with the contribution amount of RMB 1 ten thousand Yuan. This item is the upfront cost of starting the project, accounting for% of the total investment.
2. Party B contributes capital with equipment (including coordinating local social relations of the project), accounting for _ _ _ _ _ _%.
Verb (abbreviation of verb) income distribution and debt commitment
1, surplus distribution, according to the amount of capital contribution, in proportion.
2. If the partnership generates debts, the partnership property shall be paid off first; When the partnership property is insufficient to pay off, it shall be borne in proportion to the capital contribution of each partner.
Six, quit.
During the partnership period, if one party withdraws from the partnership, which will seriously affect the construction of the partnership project, it shall not withdraw from the partnership.
Quitting can only be implemented with the consent of the other party.
If a partner withdraws from the partnership without the consent of the partner, causing losses to the other party, it shall pay compensation.
Seven. rights and duties
1. Party A is the person in charge of finance during the partnership period, and all financial revenues and expenditures of the partnership project can only be spent and recorded with the consent of Party A; Meanwhile, Party A participates in the daily management of the partnership project.
2. Party B is responsible for project management, equipment maintenance and coordination of local social relations, and participates in daily management.
3. Party A and Party B reach an agreement on major issues of the partnership.
VIII. Prohibited Acts
1. Without the consent of all partners, it is forbidden for any partner to conduct business activities in the name of partnership without permission.
2. It is forbidden for partners to withdraw from the partnership when it is unfavorable to the partnership project.
Nine. Continuation of partnership business
1. In case of quitting the partnership, the other partner has the right to continue the project in the name of the company, or to select and recruit new partners to join the business.
2. In the case of the death or declaration of death of a partner, the heir of the deceased partner may, at his choice, return the share of the property that the heir should inherit and continue to operate; You can also accept the heir as a new partner to continue the business in accordance with the partnership agreement or with the consent of all partners.
X. termination and liquidation of the partnership
The partnership is dissolved due to the following circumstances:
1. The partnership term expires.
2. All partners agree to terminate the partnership.
3. The partnership affairs have been completed or are determined to be unable to be completed.
4. The project was cancelled according to law.
5. Other reasons for the dissolution of the partnership as stipulated by laws and administrative regulations.
Liquidation of the partnership:
1. The partnership shall be liquidated after dissolution.
2. The liquidator shall be appointed by all the partners, or with the consent of more than half of all the partners, appointed by _ _ _ _ _ partners, or entrusted to a third party.
3. After paying the liquidation expenses, the partnership property shall be paid off in the following order: the wages and labor insurance expenses owed by the partnership; Tax owed by the partnership; Partnership debt; Return the capital contribution of the partners.
4. If there is any surplus after settlement, it shall be distributed according to the method in Paragraph 1 of Article 5 of this Agreement.
5. If the partnership suffers losses during the liquidation period and the property of the partnership is insufficient to pay off, it shall be handled in accordance with the second paragraph of Article 5 of this Agreement. Each partner shall bear unlimited joint and several liability, and if the amount paid by the partner exceeds the amount due to joint and several liability, the partner shall have the right to recover from other partners.
XI。 responsibility for breach of contract
1. If the partner fails to pay the capital contribution in full and on time, it shall compensate the losses caused to other partners; If the capital contribution has not been paid in full for _ _ _ years overdue, it shall be treated as withdrawal.
2. If a partner transfers his share of property without the unanimous consent of the other partners, and his partner is unwilling to accept the transferee as a new partner, he may be treated as withdrawing from the partnership, and the transferor shall compensate the other partners for the losses suffered as a result.
3. If a partner pledges his share of property in the partnership without permission, his behavior is invalid, or he will be treated as withdrawing from the partnership; If losses are caused to other partners, they shall be liable for compensation.
4. If a partner seriously violates this agreement or causes the dissolution of the partnership due to gross negligence, he shall be liable for compensation to other partners.
5. If a partner violates the provisions of Article 8, he shall be compensated according to the actual losses of the partnership to discourage disobedience, and all partners may decide to be removed.
Twelve. Dispute resolution method
All disputes arising from or related to this agreement shall be settled through negotiation between the partners. If negotiation fails, the dispute shall be submitted to the Arbitration Commission for arbitration. The arbitral award is final and binding on all parties.
Thirteen. others
1. After negotiation, the partners may modify this Agreement or supplement matters not covered; If there is any conflict between the supplementary and modified contents and this Agreement, the supplementary and modified contents shall prevail.
2. Occupation agreement is an integral part of this agreement.
3. This Agreement was signed on _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
4. This agreement shall come into effect after being signed and sealed by all partners.
Partner (signature): _ _ _ _ Partner (signature): _ _ _ _ _ _
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