Contract Operation Agreement 1 Party A: Company (Head Office)
Party B: Company (Shangrao Contractor Company)
Through friendly negotiation, in order to expand the business in the construction market, both parties agree that Party A will set up a branch in Shangrao Province, and Party B will be responsible for the contracted operation. Based on Shangrao and facing the whole country, in order to clarify the rights, obligations and responsibilities of both parties, * * * has reached the following terms and entered into this contract, and both parties are equal and willing to abide by it.
1. Business area: Shangrao City.
2. Scope of business project: the qualification scope allowed by all the qualification certificates of Party A (public bidding, Party A's business contact or business tracking, according to the information feedback record, Party B shall not participate in the competition).
3. Contracted operation mode: independent operation, independent accounting and self-financing.
Four. Term of Contract: The term of Party B's contract is tentatively set at years, that is, from beginning to end.
V. Contracting objectives:
1. business indicators: since the date of signing this agreement, the financial output value of each business year shall not be less than10 million yuan. The head office gives support policies to branches, encourages them to create achievements in Shangrao, expands the influence of the company in the local area, and lays a solid foundation for establishing brand enterprises.
2. During the contract period, Party B shall pay the management fee to Party A: the minimum annual payment is RMB 10,000 yuan (no matter how much financial output value or construction output value is completed, it must be guaranteed), and it shall be paid to Party A before10 in the first month of the business year.
3. Party B undertakes the construction project in the form of capital contribution. In addition to guaranteeing the management fee every year, Party B will charge the management fee according to the construction contract amount for the contracted project with the performance exceeding 654.38 billion yuan.
4. The profit distribution principle of the project funded by the head office is: the sum of the respective profits of the head office and the branch office. During the contractual cooperative operation period, Party A shall not directly engage in any business that conflicts with the branch operation and infringes on the regional economic interests of Party B for any reason. ..
5. Contract performance rate: the contract performance rate is 100%.
6. Quality and safety indicators: the first pass rate of the project100%; Put an end to major engineering quality, environment and safety accidents and group occupational diseases, control the accident rate of minor injuries within 0.2%, and control the accident frequency of minor injuries below 10‰.
7. During the operation period, the project in charge of the branch company won the provincial high-quality project quality award, and the head office rewarded the branch company 1 10,000 yuan; The project in charge of the branch company won the municipal high-quality project quality award, and the head office rewarded the branch company 10000 yuan, and won the national high-quality project quality award and Luban award depending on the investment and energy.
The responsibilities of both parties of intransitive verbs:
1. Party A's responsibilities:
A. Provide the certificate and legal procedures for registering a branch in Shangrao Industrial and Commercial Department, and handle the procedures for entering the site for filing and winning the bid required by "the branch of construction enterprises outside the province in Shangrao" and other departments such as government construction functions. Be responsible for providing all kinds of certificates and related materials required by Party B for undertaking business and expanding market bidding, application for construction projects, correspondence with owners, acceptance, qualification certificate, business license, safety production license, builder's certificate and its construction performance, and entrusting and authorizing Party B to bid in the business area. All certificates that Party A requires Party B to bid.
B, according to the needs of Shangrao market, open a general transfer account of the head office in Shangrao for Party B, pay local business tax in Shangrao, collect and pay the project funds on behalf of Party B, and deposit and withdraw the bid bond in time, so as to facilitate the financial personnel of Party B to use the bank seal of the general account opened in Shangrao.
C. Party A guarantees that the bid bond remitted by Party B to Party A's basic account will be remitted to the account designated by the bidding owner in time, and the bid bond returned by the owner will be returned to Party B's original remittance account in time, and Party B's bid bond will not be misappropriated.
D. Party A shall, at the request of Party B, handle the Management Certificate of Tax Activities and Tax Foreign Trade Certificate. According to the regulations of State Taxation Administration of The People's Republic of China, People's Republic of China (PRC), Party A shall not charge any fees except stamp duty.
E. According to the provisions of the construction contract, Party A needs to issue a bank guarantee: a. Cash guarantee, and Party B shall negotiate with Party A about the cash ratio .. b. Contract performance bond, and Party A requires that Party B's cash guarantee shall not exceed 20% of the deposit amount.
F assist party b to carry out vocational skills training and apply for post certificates. Party A shall handle the social security formalities paid by Party B for the engineers and technicians in time.
2. Party B's responsibilities:
A consciously abide by the laws and regulations of the state and local governments, obey the leadership and management of Party A, give full play to all favorable factors, actively participate in market competition, do a good job in market development and undertake construction tasks.
B, responsible for communication with the competent government departments where the project is located, and assisting Party A in handling business license, tax registration, change of person in charge, various filing and annual inspection.
C, be honest and trustworthy, earnestly and fully perform the engineering construction contract signed with the owner, and take full responsibility for the performance. Pay taxes in full and operate according to law.
D, be responsible for seriously implementing Party A's management systems, measures and methods such as contract, quality, technology, safety, finance and seal, avoiding business risks and ensuring the realization of contract business objectives.
E. Be responsible for selecting and using the labor force with corresponding qualifications according to the regulations of the labor and personnel management department of Party A, and pay the wages of the labor force according to the regulations of the local government department and this contract.
F. Abide by the local government's regulations on urban management, environmental protection, fire protection, public security, labor management and family planning, and Party A's relevant systems, accept the supervision, inspection and guidance of the local government and Party A's relevant departments ... and bear the expenses for handling relevant procedures within the above scope, as well as the economic, administrative penalties and legal responsibilities caused by violating its regulations.
G, responsible for signing labor contracts for its employees in accordance with the provisions of the state and local governments, handling social pooling and other insurances, and handling work-related injury insurance for construction workers in accordance with the State Council No.375 Regulations on Work-related Injury Insurance and Regulations on Work-related Injury Insurance implemented by local governments, otherwise, Party B shall bear its economic losses and civil liabilities.
Seven. Liability for breach of contract:
1. Major safety and quality accidents occur due to Party B's construction projects; Violation of laws and regulations, serious violation of Party A's rules and regulations; If Party A fails to pay the management fee to the head office on time, Party A has the right to terminate the contract and demand compensation for losses.
2. Party B's reputation is affected by Party A's guarantee service, such as Party A's financial personnel can't transfer money in time, the letter of guarantee and the management certificate of tax activities abroad can't be issued in time, the bidding materials can't be updated in time, the bidding documents can't be stamped in time, the bid opening is delayed due to delay, or some individuals deliberately make things difficult. Party B has the right to terminate the contract and claim damages.
Eight. Others:
1. In order to ensure the execution of this contract, Party B shall reserve enough funds, pay the annual contract fee to Party A within three days after the signing of the contract, prepare the office building of the branch within three days, and transfer the balance of the annual contract fee to the head office in basic deposit account within three days after Party A completes all the filing procedures of the branch and settles in Shangrao. The head office shall issue a receipt for Party B's annual contract fee.
2. In principle, the economic contract of Party B in the contracting branch shall be signed by Party B. If it is really necessary for Party A's legal person to sign, it shall be mailed by Party B or signed in Shangrao, and the expenses shall be borne by Party B. ..
3. During the performance of specific construction projects, engineering subcontracting, labor subcontracting and procurement contracts need to be signed. , in principle, not in the name of the branch. If it is really necessary to sign, it should be registered, and Party A has the right to supervise.
4. The number of personnel provided by Party B for the branch shall meet the needs of business development, and all expenses such as office equipment, transport vehicles and construction machinery shall be funded by Party B. ..
5. From the date of signing this contract, all the investments contracted by Shangrao Branch in the name of Party A are funded by Party B, and Party A confirms that all the real estate under the name of the branch belongs to Party B, and Party A contributes intangible assets, and all the physical investments are borne by Party B. When the two parties settle accounts after the expiration of this agreement, Party B will handle the real estate of the branch. ..
6. During Party B's contracted operation, Party A shall provide Party B with corresponding certificates and authorize legal proceedings and assistance for contract disputes or creditor's rights disputes between the branch company and its subordinate project engineering department and the construction unit. The expenses arising from providing assistance shall be paid by Party B in advance, and shall be borne by the specific responsible party after the litigation is over. If Party A's delay causes Party B to miss the favorable opportunity and cause unnecessary losses, Party A shall bear the corresponding responsibilities.
7. Party B has the right to appoint and remove the staff of the branch according to the regulations, formulate the responsibility system and corresponding workflow of all departments and managers, and report the personnel information to Party A for the record in time. Actively cultivate imported talents, especially builders, project managers, engineers and various engineering and technical management talents.
8. For the standardized and institutionalized development of the branch, Party B must strictly implement the requirements of the quality certification system implemented by Party A to ensure the standardization of the quality management and quality system of the enterprise.
9. The engineering technical management personnel appointed by Party A shall help, guide, inspect and supervise Party B's technology, quality, safety and progress. If Party B is found to have problems in construction and operation management, it has the right to put forward rectification opinions, or order it to correct or stop work within a time limit. If necessary, Party A may participate in the project completion acceptance undertaken by Party B. ..
10. If the contracted operation period of Party B expires and both parties fail to renew the contracted operation agreement, the creditor's rights and debts shall be liquidated within two years from the date of termination of this agreement. During the liquidation period, in order to facilitate Party B to recover the creditor's rights, Party B may continue to use the relevant procedures of the company.
1 1. After the termination of this contract, the uncollected creditor's rights arising from Party B's contracted operation shall be enjoyed by Party B, and Party A shall assist Party B to collect the creditor's rights, and the expenses and responsibilities arising therefrom shall be borne by Party B. The unpaid debts incurred by Party B during the contracted operation period shall be borne by Party B. If Party A advances, it shall have the right to recover from Party B. ..
13. Party B confirms that before the settlement between Party A and Party B, the project funds, project loans and properties (including building materials purchased on credit) of the branch and its affiliated project department belong to Party B, and it is strictly forbidden for Party A and its staff to occupy or misappropriate them, otherwise corresponding legal responsibilities will be investigated.
Nine. Attachment:
1. The annex to the contract is an integral part of this contract.
2. When this contract is terminated or prematurely terminated, Party B shall unconditionally hand over all materials undertaken by the company, and Party A shall unconditionally return Party B's funds to the account designated by Party B. ..
3. This agreement shall come into effect after Party B completes the procedures for entering Shangrao by itself, and Party B receives the Record Manual for Entry of Construction Enterprises of Shangrao Branch and pays the contracted operating expenses for the guarantee year. Matters not covered herein shall be discussed separately by both parties.
4. This contract is made in quadruplicate, two for Party A and two for Party B, and shall come into effect after being signed and sealed by the legal representatives of both parties.
Party A (official seal): Party B (official seal):
Legal representative (signature): Legal representative (signature):
Tel: Tel:
Signing place: Signing date: year month day.
Attachment: 1, copies of corporate identity cards of both parties.
2. Letter of authorization for Party A's legal person to bid for Party B's contracted operation area.
3. The original certificate, seal and handover list signed by both parties provided by Party A for Party B's bidding.
4. General accounts of basic deposit account and Shangrao provided by Party A. ..
5. Copies of certificates and certificates signed by legal persons of both parties. ..
Chapter II Contract Management Agreement Employer: (hereinafter referred to as Party A)
Contractor: (hereinafter referred to as Party B)
Guarantor: (hereinafter referred to as Party C)
After full consultation between Party A and Party B, the following agreement is reached on Party B's contracted operation of Party A's xx Center, which both parties shall abide by.
I. Subject matter of the contract
Party A will contract the xx Center to Party B for operation. Party B fully understands the present situation of xx leisure center owned by Party A, and is willing to contract and operate the above leisure center of Party A, and ensure its legal operation.
Second, the mode of operation.
During the contracted operation period, Party B shall conduct independent accounting, be responsible for its own profits and losses and operate independently.
Third, the term of the contract.
1. The contracted operation period is years, that is, from the date of the month to the date of the month.
2. If the performance of the agreement is dissolved or terminated in advance according to the law or the agreement, it is not subject to the above time limit.
IV. Contract Money and Payment Method
The contracting fund operated by Party B's contracting center is RMB _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
___________________;
_______________________;
Verb (abbreviation of verb) Rights and obligations of Party A.
1. Party A has the right to collect the contract payment in the manner agreed in this agreement.
2. On the date of signing this agreement, Party A will hand over to Party B all kinds of licenses required for operating xx Center. ..
3. After signing this agreement, Party A shall hand over xx Center to Party B for use in time.
4. Party A has legal ownership and supervision over the facilities, equipment and other assets handed over to Party B for contract management.
The rights and obligations of party b with intransitive verbs
1. Party B shall pay the contract gold in full and on time as agreed.
2. Party B shall carry out various business activities within the scope authorized by the administrative department for industry and commerce and Party A. ..
3. During Party B's operation, the water and electricity expenses, annual inspection fees of licenses and fees charged by other relevant departments shall be borne by Party B. ..
4. During the contract period, Party B has the right to use the assets, facilities and equipment provided by Party A, and must keep the equipment in good condition. If the facilities are naturally damaged due to the expiration of the service life, Party B shall promptly report to Party A for approval and scrap them, and Party B shall not dispose of them without authorization.
5. Party B shall not violate the national policies and laws in its operation, otherwise it will bear the consequences and economic responsibilities.
6. Without Party A's consent, Party A's property shall not be used for external guarantee without authorization, and Party A's property shall not be disposed of without authorization.
7. Party B shall not transfer xx Center to a third party in the course of operation. Once found, Party A has the right to terminate the contract at any time and hold Party B liable for breach of contract.
8. Party B shall not provide external guarantee or engage in business activities irrelevant to the business scope in the name of the Center.
9. Party B shall regularly check and maintain the fire fighting equipment and facilities in the center. Party B shall be responsible for the disasters caused by unqualified fire control facilities.
10. Party B shall hand over all valid licenses to Party A on the date of dissolution or termination of this Agreement.
Seven. Margin or deposit
Party C voluntarily provides Party A with joint and several liability guarantee for all obligations of Party B under the framework of this Agreement, and the guarantee period of Party C is two years.
Party B shall pay a deposit of RMB to Party A. If Party B breaches the contract, the deposit shall belong to Party A, and Party B shall not claim to return it. If Party B has no breach of contract, Party A shall refund the deposit in time after the dissolution or termination of the agreement.
Eight. responsibility for breach of contract
Party A and Party B shall fully perform the provisions of this agreement. If either party violates this Agreement, the observant party has the right to terminate this Agreement or terminate its performance in advance. The breaching party shall bear the penalty of RMB yuan to the observant party; If the liquidated damages are insufficient to make up for the losses of the observant party, it shall also compensate the observant party for its losses.
Nine. others
After the expiration of the 1. agreement, if Party A re-contracts, under the same conditions, Party B has the priority to contract.
2. After the expiration or dissolution of the agreement, the original equipment and facilities shall be owned by Party A, and the equipment and facilities added by Party B shall be owned by Party B, and Party A may obtain this part of equipment and facilities at a discount.
3. If there are any matters not covered in this agreement, Party A and Party B shall make supplementary provisions through consultation. Supplementary terms have the same effect as this agreement.
X this agreement shall come into force after being signed by both parties.
XI。 This agreement is made in triplicate, one for each party.
Party A: Party B:
Guarantor:
Year, month, sun, moon, sun.
Article 3 of the Contract Operation Agreement: The Employer (hereinafter referred to as Party A):
Contractor (hereinafter referred to as Party B):
Party A and Party B enter into this agreement through negotiation.
Article 1 Party A guarantees that before the contract is awarded, the bar will operate in accordance with relevant state regulations.
Article 2 The location, area, decoration and facilities of the bar
1. Bar name:
2. Bar address:
3. For details of the existing decoration, facilities and equipment of the house, please refer to the annex to this contract.
This annex serves as the acceptance basis for Party A to deliver it to Party B according to the provisions of the contract, and Party B will return it to Party A at the expiration of the contract (this annex was delivered by Party A to Party B on.
Article 3 Term of Contract
The term of this contract is years, from year to year.
Article 4 Contract Money and Payment Method
1. The annual contract fee for this site is RMB 10,000.00 Yuan, in words:
2. The contract payment method is as follows:
After signing this contract, 20xx will pay150,000 yuan on February 7th and180,000 yuan on March 30th.
3. After that, the contract fee will be paid twice a year. (and every year in June 65438+1 October 1 pay half, and in July1pay half).
Article 5 the deposit
Party B shall not use the turnover of 1, 1 and 1 from October to February 7. If Party B fails to pay 15000 yuan to Party A on February 7, the turnover shall be returned to Party A as compensation.
2. Party B paid 3,000 yuan to Party A on October 20x65438/KLOC-0, and Party A returned it to Party B on February 20x65438+February 365438 +0.
3.20xx On May 30th, Party B shall pay Party A a 20xx annual contract deposit of 40,000 yuan, which will cover the 20xx annual contract expenses after both parties do not breach the contract.
Article 6 Rights and obligations of Party A
1. The property of the bar belongs to Party A, and the official seal of the bar is managed by Party A, which shall provide it in time.
2. Collect the contract gold and deposit as agreed.
3. Party A shall be responsible for the bar accounts before the contract period, and all creditor's rights and debts have nothing to do with Party B. ..
4. During the contract period, if Party B commits any of the following acts without the written consent of Party A, Party A has the right to terminate the contract, take back the bar and confiscate the deposit.
(1) Demolition and change of building structure.
(2) Use the bar for purposes other than the business purpose of the place or for illegal activities.
(3) Subcontract all steel bars to a third party.
(4) Failing to pay the down payment as agreed or the contract payment is overdue for more than 30 days.
(5) During the contract period, Party A shall make appropriate compensation to Party B for the maintenance of decoration, facilities and equipment.
Article 7 Rights and Obligations of Party B
1. During the contract period, Party B has the right to operate and manage the bar and has the right to collect all the operating income.
2. During the contract period, all expenses incurred by the bar (including water and electricity property management fees, taxes and fees, staff salaries and benefits, site maintenance fees, etc.). ) shall be paid by Party B, and Party B shall take full responsibility for the consequences caused by the failure to pay the fees on time.
3. During the contract period, Party B shall bear all legal responsibilities for what happened in the bar.
4. Pay the down payment, contract payment and other agreed payments to Party A on time as agreed.
Article 8 Acceptance of on-site delivery and recovery
1. According to the current situation of the bar, Party A will officially operate for Party B from 20xx 65438+ 10/day, and ensure the normal use of all major facilities and equipment before delivery.
2. After the expiration of the contract, Party B shall return the house and ancillary facilities agreed in the contract to Party A, and the house and main facilities returned by Party B to Party A are in normal use.
3. The contract expires. If Party A continues to contract, under the same conditions, Party B has the priority to contract.
Article 9 Liability for breach of contract
1. After the expiration of the contract, Party B shall return the business premises as scheduled. If Party B fails to do so, it shall pay Party A double the contract fee, and Party B shall also bear the losses caused to Party A due to overdue return.
2. When the contract expires, Party B shall return the bar as required by Party A, and Party A shall return the deposit on time. In case of overdue, Party B has the right to charge Party A a 0.5% overdue fine every day.
Article 10 For matters not covered in this Agreement, both parties may sign a supplementary agreement through consultation. This supplementary agreement and its annexes have the same legal effect as this agreement.
Article 1 1 Dispute settlement
In case of any dispute between Party A and Party B during the execution of this contract, both parties shall negotiate in the spirit of friendly negotiation. If negotiation fails, a lawsuit shall be brought to the people's court where the contract is located.
Article 12 This contract shall come into effect after Party A receives the performance bond from Party B and it is signed by both parties. This contract is made in duplicate, one for each party.
Party A:
Party B:
date month year