With the passage of time, it is possible to use contracts at any time and under any circumstances. The purpose of signing a contract is to protect the interests of both parties and avoid unnecessary disputes. So what is a formal contract? The following is a model contract of project cooperation framework carefully arranged by me for your reference, hoping to help friends in need.
Project Cooperation Framework Contract 1 Party A:
Party B:
According to the Contract Law of People's Republic of China (PRC), General Principles of Civil Law of People's Republic of China (PRC) and other relevant laws and regulations, Party A and Party B have reached the following cooperation agreement through full consultation on the principles of voluntariness, equality, honesty and credibility:
I. Cooperation projects
Project name:
Business scope of the project:
Project management address:
Second, the term of cooperation.
1, from _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
2. The term of cooperation can be changed with the written consent of both parties.
Three. Form and content of cooperation
According to the actual situation of the project, Party A entrusts Party B to provide overall operation management services for the project, specifically, entrusts Party B to be responsible for the planning and implementation of the whole project from positioning research to operation management. Party A is responsible for providing operating conditions and supporting cooperation. As an investor, Party A has the right and obligation to supervise Party B's operation throughout.
Four. Scope of services provided by Party B
1, project market research.
2. Feasibility analysis of the project.
3. Research on project positioning.
4. Project investment planning and implementation.
5. Project promotion, publicity, planning and implementation.
6. Daily business management of the project.
7. Brand building of the project.
V. Investment service deposit and payment method
1. In order to show Party A's sincerity in cooperation and economic strength, Party A pays Party B a total investment promotion service deposit of RMB 30.3 million.
2. Payment method of investment promotion service deposit: Party A shall pay Party B RMB one hundred and fifty thousand Yuan only (65,438 Yuan+500,000 Yuan) within one week after the signing of this contract, and Party A shall pay Party B RMB one hundred and fifty thousand Yuan only (65,438 Yuan+500,000 Yuan) on the seventh day when the management team selected by Party B is stationed in Party A's project.
3. In order to show Party B's integrity and management ability, Party B will unconditionally return the investment promotion service deposit of RMB three hundred thousand Yuan only (RMB 30.3 million Yuan) to Party A within seven days after Party A proposes to terminate the cooperation under the following two circumstances.
① Party B fails to work according to the work schedule of Party B's normal performance of the contract or fails to perform the contract normally six months before the cooperation.
(2) When the investment guarantee target is not reached within 180 days agreed in the contract.
4. If Party B achieves the goal of ensuring investment within 180 agreed in this contract, the investment promotion service deposit paid by Party A in advance to Party B will be converted into investment promotion service fee.
The intransitive verb investment promotion service fee and payment method
1. In the project cooperation, the total investment promotion service fee paid by Party A to Party B is RMB two million six hundred thousand Yuan only (2.6 million Yuan). According to the commercial area105,000 square meters (Phase I and Phase II), the investment service fee per square meter is 24.8 yuan.
2. Payment method: When Party B reaches 60% of the guaranteed investment target agreed in this contract, it will start to pay the investment service fee. The calculation method is: (the investment area of the first phase is 33,000 square meters) ×24.8 yuan/square meter = 8 1.84 million yuan, and so on.
3. Party A shall pay with the official tax invoice issued by Party B. ..
4. The investment service fee for the 50,000-square-meter business district in Phase II is calculated as above.
Seven. Working capital and payment method
1. Party B's publicity and promotion expenses, staff salaries, office expenses and other soft and hard expenses in the operation process shall be submitted to Party A for approval before implementation.
2. Party A shall bear the promotion expenses of _ _ _ _, and Party B shall bear the promotion expenses of _ _ _ _.
3. Payment method: Party A directly pays the salary to the personnel of the investment promotion and management team dispatched by Party B on a monthly basis. Office expenses, travel expenses and other expenses shall be written off according to Party A's reimbursement standards and procedures.
Eight. Number and salary of the investment promotion and management team dispatched by Party B.
1. In the first six months of cooperation, the number of investment promotion and management teams dispatched by Party B is determined to be six. After six months, the two sides will increase or decrease personnel as appropriate through consultation according to development needs.
2. The salary standard of the personnel sent by Party B to the investment promotion management team shall refer to the standard of the personnel at the same level of Party A, which shall not exceed 0.5 times that of Party A in principle, and the excess shall be made up by Party B's company.
4. The attendance of Party B's employees shall be jointly evaluated by both parties, and Party A shall pay the monthly salary of Party B's employees according to the attendance.
Nine. Business objectives and revenue sharing methods
1, business objective:
2. During the cooperation period, after Party A agrees that the project will generate profits, the profit after income tax will be 60% for Party A and 40% for Party B, and Party A will pay Party B in advance quarterly, and the annual profit of the project will be settled at the end of each year. According to the settlement results at the end of each year, the quarterly profits earned by Party B will be refunded more and replenished less.
X. Rights and obligations of Party A
1. Party A is obliged to provide documents related to this project according to Party B's requirements.
2. Party A guarantees that all the documents provided are true, legal and effective.
3. In the process of cooperation, Party A has the obligation to assist Party B to carry out the work.
4. Party A is obliged to pay in full according to the contract.
5. During the cooperation period, Party A has the right to require Party B to report the work progress to Party A regularly (Party B shall report to Party A in writing at least once a week in the first six months).
6. Party A has the right to supervise the whole process of the services provided by Party B..
7. Party A has the right to control all financial operations of the project, including charging various fees to enterprises or merchants entering the site.
8. If Party B fails to reach the investment promotion target or management target stipulated in this contract, Party A has the right to unilaterally terminate the cooperation agreement and claim back the paid investment promotion service fee.
XI。 Rights and obligations of Party B
1. After this contract comes into effect, Party B is obliged to provide Party A with the services stipulated in this contract.
2. Within five days after the signing of this contract, Party B is obliged to submit a detailed work plan for the operation and management services of this project, which will be implemented after Party A's examination and approval, and will serve as an annex to this contract.
3. During the cooperation period, Party B has the obligation to strictly abide by the law and consciously accept the supervision of Party A. ..
4. Under the premise of not damaging the interests of Party A and ensuring the normal operation of the project, within the scope agreed in this contract, Party B has the right to make independent decisions on the planning and specific operation of this project, and bear all risks that may occur during the operation alone.
5. As Party A fails to pay Party B the salary of Party B's personnel, investment promotion service fee and 40% of the operating profit of this project at the time and amount agreed in the contract, Party B has the right to refuse to continue to perform the contract.
6. Party B has the right to ask Party A to provide assistance and cooperation, and implement it according to the operation plan determined by both parties.
7. During the cooperation period, in order to embody the purpose of sincere cooperation and risk sharing, if the guarantee standard agreed in this contract is not reached within the agreed time, Party B is obliged to unconditionally return the investment promotion service fee paid by Party A.. ..
8. Party B shall carry out the work in strict accordance with the budget expense standard based on the principle of economy. If it is exceeded due to actual needs, it shall be reported to Party A in advance and implemented after obtaining Party A's consent, otherwise Party B shall bear the excess. ..
9. Without the authorization of Party A, Party B shall not charge any fees to the settled enterprises or merchants.
Twelve. responsibility for breach of contract
1. Since this agreement was signed in the early stage of project development (there are no relevant procedures such as project establishment, planning and design), if it is unilaterally breached, it shall bear four times the cost of the other party of this project.
2. If either party fails to perform its obligations under this Agreement due to reasons beyond its control, including war, fire, storm, political blockade or natural disasters, it will not be liable for breach of contract, nor will it be responsible for any loss or damage caused by the above failure.
Thirteen. Privacy Policy
1. In the course of cooperation, both parties shall notify the other party in writing in advance of the materials and information that need to be kept confidential (the notification method includes the confidentiality measures such as sealing documents).
2. Both parties have the obligation to keep the information provided by the other party confidential, and shall not disclose it to any third party without the consent of the other party, and shall ensure that measures are taken to prevent any leakage. In the case of disclosure, as long as there is evidence that one party's business secrets were disclosed by the other party, the disclosing party shall bear all direct and indirect losses caused to the other party.
3. No matter whether this contract is concluded, renewed or terminated, the confidentiality clause will remain valid.
Fourteen force majeure
During the cooperation between Party A and Party B, in case of natural disasters such as earthquake, flood and typhoon, or irresistible, inevitable and insurmountable objective circumstances such as war and strike, the performance period of this contract shall be postponed for the time equivalent to the time affected by the accident. Either party has no right to terminate this contract for the above reasons. The party encountering force majeure shall notify the other party in writing within 5 days from the date of the accident, and submit the certification documents issued by the relevant departments to the other party for confirmation within 15 days. Both parties shall immediately negotiate amicably to decide how to implement this contract. If the contract cannot be performed or cannot be fully performed due to force majeure, both parties shall be exempted from the responsibility of not being able to perform the contract in whole or in part.
Fifteen. Change of contract
Any alteration, addition or deletion of the contents, annexes and other documents agreed in this contract shall be conducted through friendly negotiation after written confirmation by both parties. The written documents shall be signed by both parties and stamped with official seals, which shall be an integral part of this contract and have the same legal effect as this contract.
Sixteen. For matters not covered in this contract, both parties may sign a supplementary agreement. The annexes, supplementary agreements and written documents confirmed by both parties to this contract are an integral part of this contract and have the same legal effect as this contract.
Seventeen. Settlement of contract disputes
In case of any dispute arising from the performance of this contract, both parties shall try their best to solve the dispute through consultation on the principle of seeking common ground while reserving differences and striving to advance the progress of the project. If negotiation fails, it shall be submitted to the people's court where the project is located for trial.
18. This contract shall come into effect after being signed and sealed by both parties. This contract is made in quadruplicate, with Party A and Party B holding two copies respectively, all of which have the same legal effect.
Party A:
Authorized representative:
Bank account:
Account name:
Bank of deposit:
Account number:
Party B:
Authorized representative:
Bank account:
Account name:
Bank of deposit:
Account number:
Project Cooperation Framework Contract 2 Project Investor (hereinafter referred to as Party A) and Project Technical Director (hereinafter referred to as Party B)
A: b:
ID number: ID number:
Native place: Native place:
Based on the principles of fairness, equality and mutual benefit, Party A and Party B have reached the following cooperation agreement:
Article 1 Party A and Party B voluntarily cooperate in the plastic and metallic paint project, with a total investment of 200,000 yuan, with Party A contributing 6,543,800 yuan+500,000 yuan, and Party B contributing 50,000 yuan and technical and customer resources.
Article 2 A partnership enterprise is established as a partnership enterprise according to law. During the partnership, the property contributed by the partners shall be owned by * * * and shall not be divided at will. After the end of the partnership, each partner's capital contribution is still owned by the individual and will be returned at that time.
Article 3 The term of operation of this partnership is three years. If it is really necessary to extend the time limit, the relevant formalities shall be handled six months before the expiration.
Article 4 Both parties jointly operate, and the profits generated by the partners' execution of the partnership firm shall be owned by all partners, and the losses or civil liabilities incurred shall be borne by all partners.
Article 5 The fixed assets and surplus of an enterprise shall be distributed according to the proportion of 60% of Party A's net sales profit and 40% of Party B's net sales profit.
Article 6 Party A shall bear 60% of the debts of the enterprise and Party B shall bear 40% ... After either party pays off the debts, the other party shall pay off its share to the other party within ten days in proportion.
Article 7 10% of the total sales profit of the project products shall be invested annually. Divide the sales profits and settle them within one year.
Article 8 For matters not covered in this Agreement, both parties may supplement it, and the supplementary agreement has the same effect as this Agreement.
Article 9 This Agreement is made in duplicate, with each partner holding one copy. This agreement shall come into force as of the date of signature (or seal) by both parties.
Article 10 From the date of signing this agreement, Party B shall be responsible for technical and market development and after-sales follow-up, and Party A shall be responsible for management and daily affairs.
Article 11 The validity period of this Agreement is tentatively set at three years, counting from the date when the representatives of both parties (Party B himself) sign it, that is, from _ _ _ _ to _ _ _ _ _ _. _ _ _ _ _ _ _ _ _ _ _
Article 12 Dispute settlement
1. Any dispute arising from the execution of this contract shall be settled through friendly negotiation;
2. If both parties fail to reach an agreement through consultation, they shall submit it to the Arbitration Commission for arbitration or bring a lawsuit to the people's court according to law;
Article 13 After the expiration of this agreement, if neither party requests to terminate the agreement, it shall be deemed that both parties agree to continue cooperation and this agreement will remain valid. If the cooperation is not continued, the withdrawing party shall submit a written withdrawal text to the other party three months in advance, and hand over its own information about the contract project and customer resources to the other party.
Article 14 Handling of breach of contract
If one party violates any terms of this contract, the observant party has the right to terminate the execution of this contract and demand the defaulting party to compensate the losses according to law.
Article 15 Termination of the Agreement
1. If one party violates this agreement, the other party has the right to terminate the cooperation agreement.
2. The cooperation agreement expires.
Both sides agreed to terminate the negotiation.
4. If one partner has legal problems that cause damage to the enterprise, the other party has the right to cancel the matters not mentioned in Article 16 of the Cooperation Agreement, and both parties can negotiate a supplementary agreement, which has the same effect as this agreement. Article 17 This contract is made in duplicate, each party holds one copy, which has the same legal effect.
Party A: (signature) Party B: (signature)
Address: Address:
Signing place of the Contract: _ _ _ _ _ _ _ _
The signing date of this contract is _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Project Cooperation Framework Contract 3 Party A (responsible unit): _ _ _ _ _ _ _ _ _ _ _
Party B (Partner): _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Whereas Party A is an institution of higher learning with domestic academic and research level and has achieved fruitful results in the research field of key basic issues of major fire prevention and control in urban high-rise buildings, Party B is a modern enterprise with legal production qualifications and production conditions, and has achieved certain results in the transformation of scientific and technological achievements; Through friendly communication, Party A and Party B reached an understanding on accelerating the industrialization of major fire prevention and control of urban high-rise buildings, and reached an agreement on cooperative development, and hereby signed this agreement for common compliance.
I. Contents of cooperation
1. Research purpose: During the cooperation period, Party B puts forward specific technical products that need to be jointly developed according to market demand, and both parties cooperate to complete the industrial application of the products.
2. Technical content: Cooperate in the industrial development and application of major fire prevention and control technologies and products for urban high-rise buildings, including:
(1) Fire prevention characteristics and safety design of building external wall thermal insulation materials
(2) Three-dimensional fire spread in high-rise buildings and its damage mechanism to building structures,
(3) Multi-force coupling driven fire smoke transportation and multi-mode coordinated crowd evacuation in high-rise buildings,
3. Mode of cooperation: division of labor and cooperation, * * * common development and * * * benefit sharing.
4. Cooperation period: 20xx years 1 month -20xx August.
Second, the division of labor between the two sides.
(1) Party A:
Based on the existing social resources, we will further develop the market potential and gradually form a standardized and national R&D institution. R&D: Three-dimensional fire spread of high-rise buildings and its damage mechanism to building structures, fire smoke transportation driven by multi-force coupling of high-rise buildings, and multi-mode coordinated crowd evacuation.
(2) Party B:
1. Develop projects newly undertaken by Party A or jointly established by Party A and Party B, with strong technical development strength.
2. Cooperate with Party A to do technical consultation and provide technical support in the process of business development. And is responsible for the research and development of fire protection characteristics and safety design of building external wall insulation materials.
Three. Rights, obligations and responsibilities of both parties
1. Before the cooperation of the project, Party A shall provide Party B with a project feasibility report, explaining the purpose and significance of the project, existing work basis, research contents and achievements, main indicators achieved and specific implementation plan. Party A guarantees that the information provided is true, valid and legal; After discussion by both parties, it can be implemented only after being signed and approved by the responsible persons of both parties;
2. Party A shall carry out the project research according to the cooperation plan approved by Party B and ensure the legality of the research activities. Without permission, Party A shall not use the conditions and resources provided by Party B to carry out activities unrelated to project cooperation.
3. Party A shall regularly report the work progress to Party B in the form of communication and scientific research reports, and submit written materials. Party A is obliged to provide corresponding technical guidance and training according to Party B's needs;
4. The ownership of the project jointly planned and developed by Party A and Party B belongs to both parties.
5. The ownership of the development project undertaken by Party B unilaterally belongs to Party B. ..
6. In the process of cooperation, Party A and Party B have no right to interfere in the internal management of the other enterprise.
7. Both sides should be honest with each other, communicate with each other and learn from each other's business behaviors, so as to promote each other.
Four, cooperative research fees and payment methods
Verb (abbreviation of verb) result distribution
1, property ownership:
Before the cooperation, the existing intellectual property rights of both parties belong to their own; All technical secrets and patents newly generated in the course of cooperation are jointly owned by Party A and Party B, and both parties have the right to use them separately or jointly; Without the written consent of the other party, neither party may transfer, license or cooperate with a third party to use the technology and patents owned by * * *; No matter whether the patents owned by * * * or owned by both parties have been used in the products jointly developed by both parties, they shall not be licensed or transferred to a third party for use.
(1) Signature of Achievement Award: The order of completed units is:, and the list of completed personnel is sorted according to the actual contribution;
(2) Publication of papers: With the consent of the other party (whether necessary or not), Party A and Party B can independently publish their research results in the form of papers; When the papers are jointly published, the completed units will be sorted as follows: the authors rank of the papers will be sorted according to the actual contribution;
(3) Patent application: With the consent of the other party (whether necessary or not), Party A and Party B can independently apply for patents for some of their own research results; When applying for a patent jointly, the ranking of applicants is: the ranking of inventors will be based on the ranking of actual contributions;
If one party unilaterally waives the right to apply for a patent, the other party may apply separately; If one party does not agree to apply for a patent, the other party may not unilaterally apply for a patent; After the development project is granted a patent, the party who gives up the right to apply for a patent can obtain a general license to exploit the patent free of charge, and the license shall not be revoked; If one party transfers its patent right, the other party can enjoy the patent right it owns first; Under special circumstances, the parties may also stipulate in the contract their share of rights in technological achievements and their respective patent application rights, and their independent rights in research and development achievements produced in the main stage of technological development.
(4) According to the achievements made during the cooperation period, including papers, monographs, patents, appraisals, achievement reports, etc., all parties to the cooperation must indicate the planned funding and project number.
2. Transfer of results:
Theoretical achievements such as papers formed by the cooperation of this project are shared by both parties, and application achievements such as patents and technologies are shared by both parties in proportion. If it is transferred, both parties must agree; The income generated by the transfer shall be distributed by Party A and Party B in proportion. The income distribution scheme of cooperative development products is determined as follows:
(1), the series of products jointly developed by both parties are divided into _ _ _% of after-tax income through negotiation, and the proportion can be adjusted once every six months according to the cooperation situation.
(2) For the products developed by Party B unilaterally, if Party A intends to cooperate, the cooperation mode and sharing mode can be determined separately after both parties reach an agreement through consultation.
Secrecy clause of intransitive verbs
1. Party A and Party B are obliged to keep confidential the contents involved in the project and the important information of the other party learned during the cooperation. Without the consent of the other party, the above contents shall not be disclosed to any other third party.
2. All information, know-how and project planning and design provided by Party A and Party B shall be kept strictly confidential and can only be used within the business scope of both companies.
3. All senior staff and R&D team members of Party A and Party B will sign a confidentiality agreement with the cooperative company to ensure that the confidential information and special technologies they come into contact with during their employment in R&D are kept confidential.
4. All materials related to the project and funds provided by Party A and Party B, including but not limited to capital operation plan, financial information, customer list, business decision, project design, fund raising, technical data and project business plan, are confidential.
5. Any act of providing confidential contents to a third party directly, indirectly, orally or in writing without the written consent of both parties is a leak.
Seven. Liability for breach of contract and risk taking
1. If either party violates this agreement and the project cooperation cannot be carried out, the other party has the right to modify or dissolve this agreement, and the breaching party shall bear all losses caused to the other party;
2. In the process of project cooperation, if the agreement cannot be fulfilled due to irresistible factors, both parties shall bear their own losses, and neither party shall bear the liability for breach of contract. Both parties shall notify each other as soon as possible, keep the losses to a minimum, and negotiate to change or terminate this agreement;
3. Except for the above circumstances, either party must notify the other party in writing days in advance if it wants to change or dissolve this Agreement;
Eight. Other special agreements between the two parties.
In the course of research, if one party's technology infringes the patent or related intellectual property rights of the other party, the losses caused thereby shall be borne by the wrong party.
Nine. Solution to the dispute:
Any dispute arising from the performance of this contract shall be settled by both parties through consultation. If negotiation fails, either party may bring a lawsuit to the people's court with jurisdiction.
X. others
1. For matters not covered in this agreement, both parties can sign a written supplementary agreement through negotiation, which has the same legal effect as this agreement;
2. This agreement shall come into effect after being signed and sealed by both parties, and it shall be made in duplicate, with each party holding one copy, with the same legal effect.
3. Neither Party A nor Party B shall disclose the contents of this agreement to a third party without the consent of the other party.
Party A: _ _ _ _ _ _ _ _ _ _ _ _ Party B: _ _ _ _ _ _ _ _ _ _ _ _
Date of signing: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
;