Sample project cooperation agreement (1) Party A: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Legal Representative: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Title: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Address: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
In the spirit of equality, mutual benefit, unity, cooperation and common development, Party A and Party B, through friendly negotiation, agree to jointly participate in _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
The first general rule
This agreement is a one-time joint agreement between both parties. The terms of this agreement are only binding on the construction of _ _ _ _ _ _ _ _.
1.2 the "project" mentioned in this agreement refers to all the contents contained in the project construction contract signed by party a and the employer in the name of party b. ..
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 this project is located in _ _ _ _ _ _ _ _ _ _ _ industrial park, and the project consists of a factory building, a steel structure, a concrete frame body and a steel roof structure. Where _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ refers to
2.2 Party A and Party B may set up a project department according to the needs of the project, and Party B shall be solely responsible for it. In the project department, Party B appoints the project manager, organizes the personnel and equipment needed for the project construction, and injects 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. Party A may appoint an assistant project manager and a financial officer to participate in engineering and financial management. All personnel should obey the unified leadership of the project department.
2.3 In this project, in order to ensure the special use of project funds and the smooth progress of the project, All funds allocated by the project owner shall be directly remitted to the account designated by the project department (bank account name: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
2.4 Party B shall pay all expenses related to the bidding of this project to Party A in the form of cash or check (including expenses for purchasing qualification examination and bidding documents, preparing bidding documents, notarization of required documents, bid bond, bank credit certification procedures, etc.). ). The above fees shall be paid before the qualification examination is submitted and before the bid opening, and shall be submitted to the Employer by Party A at the time of bid opening. After winning the bid, Party B shall pay the project performance guarantee, project entry advance payment guarantee and related expenses, and remit the money to Party A's bank account within the date agreed by both parties before the bid opening of this project. Party B's start-up funds and operating funds required for the construction of this project shall be solved by Party B itself.
2.5 The construction management fees, personnel salaries, site fees, travel expenses and communication fees of both parties shall be paid directly by the project department.
2.6 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: Party A requires that the management fee payable shall be withheld in proportion after receiving every payment (including project advance payment and measurement payment) from the construction party. After the completion of the project, the management fee payable to Party A shall be paid in one lump sum or the management fee withheld in proportion to the progress shall be paid to the account designated by Party A in proportion. The funds managed and used by Party B are _ _ _ _ _% of the total project amount.
Article 3 Party A's responsibilities
3. 1 Party A is responsible for signing the project construction contract with the project owner in the name of Party B, coordinating the working relationship with the project owner and supervisor, and increasing or decreasing the engineering quantity.
3.2 Party A is responsible for all the work in the early stage of project bidding, and Party B shall provide Party A with the necessary qualification documents.
3.3 Party A must ensure that the contracted project is legal, and it is Party A's responsibility to provide Party B with government decrees, approvals, documents and other information related to the project construction in time.
3.4 If the personnel provided by Party B are incompetent due to low professional quality during the construction, Party A has the right to request replacement.
3.5 Party A shall assist Party B in sorting out the project completion data.
Article 4 Responsibility of Party B
4. 1 Party B agrees that Party A, as the project department of this unit, will undertake the project and issue a power of attorney for it.
4.2 Party B guarantees that it has qualification requirements for bidders, that is, it must have the second-class and above engineering qualification for construction and installation projects, and have corresponding construction capabilities in terms of personnel, equipment and funds. The person-in-charge to be appointed must have the qualification of a registered architect at or above the second level, have a valid safety production assessment certificate, and have not served as the project leader of other projects under construction.
4.3 During the construction of this project, Party B shall pay all the expenses required for this project, fully fulfill all the requirements in the project contract signed by Party A and the project owner, and shall not subcontract any project in this project again without Party A's written consent. ..
4.4 Party B is responsible for the progress, quality and safety management during the construction of this project, and is responsible to the owner.
4.5 Party B shall be responsible for the completion data of the project undertaken, complete the project completion settlement, and be responsible for the warranty work during the project defect liability period.
4.6 Party B shall strictly abide by the laws, regulations and rules of national and local governments and construction management departments. In case of engineering quality problems or major safety accidents, Party B shall bear all responsibilities, bear all losses and expenses arising therefrom, and compensate Party A for related reputation losses.
Article 5 Liability for breach of contract
5. 1 If Party B fails to complete this project after Party A wins the bid in the name of Party B and signs a cooperation agreement with Party B, it shall pay _ _ _ _ _% of the compensation requested by the Employer as compensation.
5.2 If Party A and Party B fail to fulfill their cooperation obligations as agreed in this contract, the breaching party shall bear the liquidated damages of _ _ _ _% of the payables and continue to undertake the obligations under this contract.
Article 6 Dispute settlement
6. 1 Any dispute arising from the performance of this Agreement shall be settled through negotiation; If negotiation fails, it shall be under the jurisdiction of the people's court where Party A is located.
Article 7: Validity
7. 1 This Agreement shall come into force on _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
7.2 For matters not covered in this Agreement, both parties shall sign a supplementary agreement through negotiation, which has the same legal effect as this Agreement. If the terms of the supplementary agreement conflict with the terms of this agreement, the terms of the supplementary agreement shall prevail, but the validity of other terms of this agreement shall not be affected.
7.3 This agreement shall come into force as of the date of signature and seal by both parties, and shall become invalid as of the date when both parties complete all the rights and obligations stipulated in the contract.
Article 8 Other clauses
8. 1 Party A and Party B shall sign this construction project cooperation agreement before the project starts.
8.2 During the implementation of this project, both parties shall abide by their respective commitments in the agreement and follow the principle of good faith.
8.3 During the validity period of this agreement, Party A and Party B shall independently engage in other businesses unrelated to this project, and be responsible for their own profits and losses, and neither party shall assume any responsibilities or obligations other than this agreement.
8.4 Both parties shall provide convenience for each other based on the principles of friendly cooperation, complementary advantages, mutual benefit and long-term integrity, so as to successfully complete the project.
8.5 Other agreements
Party A (signature): _ _ _ _ _ _ _ _ _ Party B (signature): _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
Address: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Legal representative or authorized person: _ _ _ _ _ _ _ _ _ _ _ Legal representative or authorized person: _ _ _ _ _ _ _ _ _ _ _
Phone number: _ _ _ _ _ _ _ _ _ _ _ _ Phone number: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Date: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Sample project cooperation agreement (II) Party A: _ _ _ _ _ _ _ _ _ (hereinafter referred to as Party A)
Party B: _ _ _ _ _ _ _ _ _ _ _ (hereinafter referred to as Party B)
Where both parties participate in the bidding (hereinafter referred to as the main contract), with the joint efforts of both parties, the owner will award the contract to Party A. After consultation, Party A and Party B have reached an agreement on the cooperative construction of the main contract project, so 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 main contract (including all changed projects under this contract) to Party B..
2, time limit for a project, quality must meet the requirements of the main contract or the owner.
Article 2 Party A's responsibilities
1, responsible for timely handling the performance guarantee of the main contract and mobilization of advance payment guarantee procedures.
2. Be responsible for providing corresponding authorization for Party B to execute the main contract 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 main contract on behalf of Party A. ..
2, responsible for their own resources in accordance with the requirements of the main contract to complete the project, at their own risk, self financing.
3. Consciously accept the supervision and inspection of Party A, the owner and the supervisor.
4. Be responsible for paying RMB _ _ _ _ _ _ _ _ to Party A.
5. Responsible for payment: RMB _ _ _ _ _ _ _ _
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 _ _ _ every month. The owner's measurement and payment report shall be sent to Party A within _ _ _ 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. The management fee charged by Party A is _ _ _% of the total contract price (including the cost of alteration and claim). 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 _ _ _ every month.
3. Party A shall pay Party B within _ _ _ _ days after receiving the bank guarantee mortgage.
4. On the premise that the owner has fulfilled the responsibility of repairing the engineering defects, Party A shall pay Party B within _ _ _ days after receiving the quality deposit returned by the owner.
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 contract, both parties shall bear their respective responsibilities according to the 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 Party A _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _. 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 contract 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 For other 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.
Article 8 All disputes arising from the performance of this Agreement shall be settled by both parties through consultation on the principle of good faith. If negotiation fails, both parties may bring a lawsuit to the people's court where Party A is located.
Article 9 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 _ _ _ _ _ _ _ _. _ _ _ copies for Party A and _ _ _ copies for Party B. ..
Party A (signature): _ _ _ _ _ _ _ _ _ Party B (signature): _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
Address: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Legal representative or authorized person: _ _ _ _ _ _ _ _ _ _ _ Legal representative or authorized person: _ _ _ _ _ _ _ _ _ _ _
Phone number: _ _ _ _ _ _ _ _ _ _ _ _ Phone number: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Date: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Sample Project Cooperation Agreement (III) 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 the 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, after deducting the management expenses of Party A, the balance will be allocated to Party B for the project construction within _ _ _ _ _ _ _ _ _.
3.3 After Party A pays taxes on _ _ _ _ _ _, Party A shall be 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.
4.2 If the personnel provided by Party B are incompetent due to low professional quality during the construction, Party A has the right to request replacement.
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 signed in the form of _ _ _ _ _ _ _ _ _ _.
Party A (signature): _ _ _ _ _ _ _ _ _ Party B (signature): _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
Address: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Legal representative or authorized person: _ _ _ _ _ _ _ _ _ _ _ Legal representative or authorized person: _ _ _ _ _ _ _ _ _ _ _
Phone number: _ _ _ _ _ _ _ _ _ _ _ _ Phone number: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Date: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _