Sample 1 execution of case entrustment contract agreement Party A:
Party B:
Agree as follows:
1. Party B accepts the entrustment of Party A and appoints lawyer Guan Dongping as the agent of Party A..
2. Party B shall safeguard the legitimate rights and interests of Party A according to law. If the appointed lawyer is unable to perform his duties halfway for some reason, he shall be responsible for appointing another lawyer to replace him. The lawyer appointed by Party B must be serious and responsible for the entrusted matters, be loyal to his duties, and complete the following contents from the date of entrustment:
1. Apply for arbitration:
2. Early intervention
3. Legal aid
4. Criminal defense
5. Participate in the trial of this case.
6. The second instance of this case
When applying for enforcement of a dispute case, both parties agree to hire Party B's lawyer as the case agent.
3. In this case, Party A must truthfully state the facts of the case to the lawyer and provide relevant evidence. After accepting the entrustment, Party B has the right to terminate the agency if it is found that Party A fabricates facts and practices fraud, and the fees collected will not be refunded; If Party A terminates the entrustment contract without justifiable reasons, the paid fees will not be refunded.
4. Party A shall pay the lawyer's agency fee in the following ways: pay the lawyer's fee in one lump sum.
5. After the charging method chosen by Party A is determined, no matter how Party B recovers debts for Party A (including litigation or non-litigation) or protects the legitimate rights and interests of Party A (that is, it is not limited to court enforcement, including voluntary repayment by the debtor, etc.). ), that is, Party B is deemed to have completed the work entrusted by Party A, and Party A shall pay the lawyer's agency fee according to the charging method agreed by both parties.
6. This entrustment contract is made in triplicate, and it has legal effect from the date of signing to the date when the entrusted matters agreed by both parties are completed.
Party A (official seal): _ _ _ _ Party B (official seal): _ _ _ _ _
Legal representative (signature): _ _ _ _ _ Legal representative (signature): _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Two samples of the entrustment contract agreement for executing the case: the entrusting unit (Party A);
Trustee (Party B):
In case of any dispute with Party A, Party A shall employ Party B's lawyer as the entrusted agent in accordance with People's Republic of China (PRC) Contract Law, Civil Procedure Law, Arbitration Law and Lawyers Law.
Based on the principle of good faith, Party A and Party B jointly abide by this contract through consultation.
Article 1 Principal-agent matters
Party B accepts the entrustment of Party A, and appoints lawyers as the agents of Party A.. Entrusting matters include:
Article 2 Agency authority (see power of attorney for details)
Article 3 Obligations of Party A
1 Party A shall state the case to Party B's lawyer in a true, detailed and timely manner, introduce relevant information, and provide evidence, documents and other factual materials related to the entrusted agency matters; Actively cooperate with Party B's lawyer.
2. Party A is aware of the litigation risk of entrusted agency matters and makes independent judgments or decisions; The losses caused by the decision made by Party A according to the legal opinions, suggestions and plans provided by Party B's lawyer shall be borne by Party A itself unless it is caused by the intentional or serious negligence of Party B's lawyer.
Article 4 Obligations of Party B
1 Party B shall obtain the consent of Party A in advance when changing lawyers.
2 Party B's lawyer shall diligently complete the entrusted matters listed in Article 1 and make every effort to safeguard the interests of Party A. ..
Party B's lawyer shall submit evidence and appear in court on time according to the requirements of the judicial organ, and report the progress of the case at the request of Party A. ..
Without Party A's consent, Party B's lawyer shall not act as the entrusted agent of the other party who has a legal interest conflict with Party A in an antagonistic case involving Party A..
Party B's lawyer has the responsibility to keep Party A's business secrets or personal privacy, and shall not disclose them to any third party except as provided by law or with Party A's consent. ..
Party B shall file Party A's business separately, keep complete work records, and properly keep the original evidence (originals) and legal documents involving Party A. Party B shall report the case progress and future work plan to Party A in writing at least once a month according to Party A's requirements. In case of emergency, Party A shall be informed at any time and emergency measures shall be taken in time.
Article 5 The amount and payment method of lawyer's agency fee
For all expenses paid by Party A to Party B, Party B shall issue an official invoice of the same amount to Party A, and the invoice shall comply with the relevant provisions of national tax laws and regulations.
Article 6 Work expenses
When Party B's lawyer handles the matters entrusted by Party A, the fees charged by the relevant judicial, appraisal, notarization and arbitration departments shall be borne by Party A; Travel expenses and other expenses are paid by.
Article 7 Termination of the Contract
In any of the following circumstances, Party A has the right to terminate this contract by written notice:
1 Change the attorney without the consent of Party A;
Failing to appear in court according to the notice of the court or arbitration institution without justifiable reasons;
3. Acting as the entrusted agent of the other party who has a conflict of legal interests with Party A in an antagonistic case involving Party A without Party A's consent;
4. Not competent for entrusted agency affairs;
5. Violation of Item 5 of Article 4, causing losses to Party A;
6. Party B violates Item 6 of Article 4 and loses the original evidence (original) and legal documents of Party A..
Article 8 Liability for breach of contract
Within the scope prescribed by law, if Party A suffers direct economic losses due to the intentional or gross negligence of Party B's lawyer, Party B shall be liable for compensation to Party A through the insured practice insurance; The insufficient compensation for practicing insurance shall be borne by Party B itself, but it shall not exceed the total amount of lawyer's agency fees charged by Party B. ..
If Party A fails to pay the lawyer's fees, reimburse the work expenses that should be reimbursed or terminate the contract without justifiable reasons, Party B has the right to ask Party A to pay the unpaid lawyer's fees and the work expenses that should be reimbursed.
Article 9 Settlement of disputes
Any dispute arising from the performance of this contract between Party A and Party B shall be settled through friendly negotiation. If negotiation fails, either party shall submit the dispute to Dalian Arbitration Commission for arbitration in accordance with its arbitration rules in effect at the time of submission. The arbitral award is final and binding on both parties.
Article 10 Validity and Invalidation of Contracts
This contract shall come into effect as of the date when both parties affix their official seals, until Party B completes the agency matters entrusted by Party A. ..
Article 11 Modification of the Contract
Changes to this contract must be agreed by both parties through consultation. For matters not covered in this contract, both parties may sign a supplementary contract separately, which has the same legal effect as this contract.
Article 12 This contract is made in triplicate, two for Party A and one for Party B. ..
Party A: (official seal)
Party B: (official seal)
Date of signature: year month day.
Sample 3 Agreement of Party A (the entrusting party) to execute the case entrustment contract: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
Party B (trustee): _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
After careful negotiation, according to the relevant laws of our country, both parties sign the following agency agreement on the establishment of _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Article 1: The entrusted items are _ _ _ _ _ _ _ _ _ 10,000 tons.
Article 2: Obligations of Party A
Provide Party B with all documents and background information related to the entrusted matters in a timely, truthful and detailed manner, and bear the adverse consequences caused to both parties by violation of this clause. Actively cooperate with Party B to do all the work beneficial to Party A, and provide convenience for Party B according to actual needs. Agency fees paid to Party B according to the provisions of this Agreement.
Article 3: Obligations of Party B
Actively and responsibly provide Party A with the agency services agreed in this agreement, and earnestly safeguard the interests of Party A according to law. Deal with the affairs stipulated in this agreement promptly and quickly, and actively keep in touch with Party A. Unless there are special reasons, Party B shall not provide any information, documents and other materials about Party A under this agreement to any third party under any circumstances.
Article 4: Term of Agreement
This agency agreement shall come into force from the date of signing and terminate on the date when the entrusted matters agreed in this agreement are completed.
Article 5: Amount and Payment of Agency Fees
Both parties agree through consultation that the amount and payment method of agency fee are as follows:
The total agency fee is RMB _ _ _ _.
◇ The agency fee shall be paid in two installments, namely, RMB when signing this Agreement and RMB when the agency affairs are completed.
Article 6: Termination of Agreement and Liability for Breach of Contract
If Party A fails to fulfill the obligations stipulated in Article 2 of this Agreement, or Party A fails to provide Party B with the materials needed for handling agency affairs within the time limit, or Party A fails to pay agency fees within the time limit, Party B has the right to terminate this Agreement.
If Party B fails to fully fulfill the obligations stipulated in Article 3 of this Agreement, Party A has the right to terminate this Agreement.
If this Agreement is dissolved due to Party A's reasons, Party A shall not ask for the refund of the paid agency fee. In case of termination due to Party B's proposal, Party B shall refund Party A's agency fee and bear the responsibility for the actual damage to its legitimate rights and interests due to Party A's failure to fully perform its obligations under this Agreement.
Article 7: Other Articles
1. In the process of agency affairs, if Party B needs to pay the expenses on behalf of Party A, Party A shall bear the expenses according to the invoice issued.
2. Matters not covered in this agreement can be negotiated separately. Supplementary agreements reached by both parties outside this agreement shall be regarded as an integral part of this agreement. This agreement is made in duplicate, one for each party, and each copy has the same legal effect.
3. In case of national policy changes or irresistible factors, Party A and Party B terminate this contract, and Party B will not bear legal responsibilities.