Technical Agreement 1 ContractNo.: _ _ _ _ _ _
Project name: _ _ _ _ _ _ _
Client: _ _ _ _ _ _ _ (Party A)
Organizer: _ _ _ _ _ _ (Party B)
Intermediary: _ _ _ _ _ _
Contract registration authority: _ _ _ _ _ _
Date of Signing: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
The validity period of this contract is: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
I. Contents and technical requirements of the subject matter of the contract: _ _ _ _ _ _ _ _.
Two. Obligations and responsibilities undertaken by the entrusting party (including confidentiality requirements for technical information and materials): _ _ _ _ _ _ _.
Three. Obligations and responsibilities undertaken by the undertaker (including confidentiality requirements for technical information and materials): _ _ _ _ _ _ _.
Four. The plan, schedule, time limit, place and method of performing the contract: _ _ _ _ _ _ _.
Verb (abbreviation of verb) acceptance criteria and methods: _ _ _ _ _ _ _.
6. Ownership and sharing of technological achievements: _ _ _ _ _ _.
Seven. Commitment of risk responsibility: _ _ _ _ _ _ _.
Eight. Calculation and payment method of remuneration: _ _ _ _ _ _ _.
Nine. Liability for breach of contract: _ _ _ _ _ _.
X. dispute resolution: _ _ _ _ _ _ _.
XI。 The rights and obligations of the intermediary and the proportion and payment method of the service fee: _ _ _ _ _ _ _.
Twelve. Explanation of related nouns and terms and others:
Non-technical terms in the contract
(1) Name and content: _ _ _ _ _ _ _.
(2) Quantity and quality requirements: _ _ _ _ _ _ _.
(3) Price or remuneration: _ _ _ _ _ _.
(4) Time limit, place and method of performance: _ _ _ _ _ _ _.
This contract was signed on _ _ _ _ _. Where _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ refers to
Entrusting party (official seal): _ _ _ _ _ Undertaking party (official seal): _ _ _ _ _
Person in charge (signature): _ _ _ _ Person in charge (signature): _ _ _ _ _
Address: _ _ _ _ _ _ Address: _ _ _ _ _ _ _
Tel: _ _ _ _ _ Tel: _ _ _ _ _ _
Account number: _ _ _ _ _ Account number: _ _ _ _ _ _
Bank of deposit: _ _ _ _ _ Bank of deposit: _ _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Intermediary (official seal): _ _ _ _ _ _ _ _ Opinions of verification unit (official seal): _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
Handler (signature): _ _ _ _ Person in charge (signature): _ _ _ _ _
Address: _ _ _ _ _ _
Tel: _ _ _ _ _ _
Account number: _ _ _ _ _ _
Bank of deposit: _ _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Article 2 _ _ _ _ _ _ _ _ _ _ _ of the Technical Agreement (hereinafter referred to as Party A)
(hereinafter referred to as Party B)
In order to ensure the quality, safety and construction period of Party A's coal belt sealing project, Party B reached the following agreement through consultation:
Quantity:
All coal conveying belts of #7a and B belt conveyors, #6a and B belt conveyors and # 16 belt conveyors are from the outlet of the guide chute to the inlet of the driving drum. The number of closures is as follows:
The total length of 1 and #6 belts is 75m. Except the guide chute, belt iron remover and disc iron remover, 40mx2 road should be closed.
2.7 # roads with total length 194m and 190mx2 need to be closed. The sampling head of the sampling machine at the middle and tail of the #7 belt and the coal plough of the calibration device are all closed. The chain code checking device is semi-closed.
3.# 16 total length of belt 100 m, all outdoor belts are semi-closed except that the guide chute needs to be closed for 80 m. ..
4. Total enclosure length: 540m (total area:1:1:1800m2).
Second, the engineering requirements:
1. Cut off the railing that closes the support of the belt conveyor.
2. Dismantle the original temperature sensing line of the belt conveyor and refit the closed cover.
3. The rope protection devices on both sides of the belt conveyor are reinstalled on the main frame.
4. Weld the base of the closed cover of the belt conveyor.
5, before installing the closed cover, the belt conveyor bracket for corrosion protection.
6. Install the belt conveyor shell.
7. Open the hole and check the door.
Three. Scope of responsibility of Party A:
1, responsible for formulating the construction scheme of the leather machine closure project.
2, specify the location of water and electricity interface on the construction site.
3, responsible for the contact and coordination of engineering supervision work.
Four. Scope of responsibility of Party B:
1, make preparations for construction in advance, formulate safety assurance measures, construction technical measures and construction network diagram, carry out construction in time, and arrange construction progress reasonably according to the construction period.
2. Bring your own construction tools and tools and paving materials.
3. Safe and civilized construction: carry out the construction according to Party A's requirements, enclose the construction site with facilities, ensure the safety of personnel and equipment on the construction site, keep the site clean and tidy, and ensure that the site is cleared after the work, and the cleared garbage is transported to the designated place.
Verb (abbreviation of verb) technical requirements:
1, technical index of acrylic sheet:
1) Brinell strength: ≥ 189mpa.
2) Impact strength: ≥ 17 kg cm/cm2.
3) Tensile strength: ≥63mpa
4) Thermal deformation temperature: ≥-40- 120℃
5) Light transmittance: ≥ 9 l%
2, closed cover production requirements:
The flat size of a single cabinet is 3200x 1800x8mm. After fabrication, the length of each envelope is ≥ 1200mm, the height of vertical section is 480-5 10mm, and the height of sector section is 400mm. Three fixing ribs (stainless steel square tubes) are added to each molded shell and fixed with rivets. The lower edges of the two sides of the enclosure are connected by special magnesium-plated bolts for the newly installed belt frame channel steel. Each shell is equipped with stainless steel bolts ≥ 12, and the fixing ribs (stainless steel square tubes) are inserted into the newly installed framed channel steel connectors. Every10-15m, an inspection door is added. The position of the inspection door extends from both sides of the deflection roller as the basic point, and the inspection door is added at the tension position of the belt scale and the chain code verification device.
3, demolition, installation, all cutting and welding joints must be smooth, no residue.
4. Install the temperature sensing wire in a closed shell with stainless steel bracket connection. The connection parts must be flexible, easy to disassemble and assemble, and ensure that the temperature sensing line has certain tightness; When disassembling, the skin of the temperature sensing wire shall not be damaged.
5. When the protective device of belt conveyor is moved to the bottom of frame channel steel, it must have the same effect after installation as before.
6. When cutting the support before welding the channel steel, the structural stress of the support should be basically unaffected, and the influential parts must be reinforced and welded after installing the channel steel.
7. The lower opening of the closed cover must be at the same level, and the base must be kept at the same level. The weld between the channel steel (notch downward) and the bracket must be firm and reliable enough to bear the capping load. The joints between foundation channel steel should be fully welded, and the gap between channel steel and channel steel should be broken.
8, hooks, plug-ins and other production must ensure that the closed cover is easy to disassemble.
9. The joint between the closed covers is 2-3mm, and the interface roughness is less than 65438 0 mm. After the box is installed, the joint should be sealed, and the sealing scheme should be determined by Party A's personnel after the box is installed.
10. The doors and inspection holes on the shell must be beautiful and open and close freely. Before drilling, the personnel of Party A and Party B shall discuss and formulate with each other.
1 1. Channel steel is #6.3 channel steel of Maanshan Iron and Steel Company (national standard).
12, stainless steel is 30x 15x 1 "Wantong" brand (national standard).
13. magnesium plated big head bolt for fixing bolts.
Six, time limit for a project, acceptance procedures and warranty period:
1. Time limit for a project: it will be completed within 60 days from the commencement date, and for each day of delay, 1% of Party B's project payment will be deducted.
2. After each working procedure is completed, Party B shall notify Party A one day in advance, and the next working procedure can only be started after it is qualified. Otherwise, the process will be regarded as no major event, which will be deducted directly from the project payment at the time of settlement.
3. Warranty period: the warranty period is one year. After acceptance, 90% of the project cost will be paid, and the remaining 10% warranty fund: all kinds of problems caused by Party B's construction quality and raw material quality during the warranty period will be repaired or replaced by Party B free of charge.
VII. Other requirements:
1. During the construction period, Party B shall accept the on-site construction supervision of Party A's project leader. ..
2. During the construction, Party B shall abide by Party A's safety regulations and sign a safety and civilized construction agreement. In case of unsafe accidents caused by Party B, Party B shall bear the responsibilities.
3. During the construction, Party B shall not damage the production facilities and equipment of Party A.. If there is any damage, Party B must repair it free of charge.
4. Matters not covered shall be settled by both parties through negotiation.
5. As an annex to the contract, this agreement has the same legal effect as the contract.
Party A:
Party B:
Article 3 of the technical agreement: Party A: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Party B: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
On the basis of equality, voluntariness, mutual benefit and consensus, Party A and Party B have reached a cost agreement on Party A's shareholding in xx Company (hereinafter referred to as xx Company or Company) by means of technology investment for mutual compliance:
Article 1: Party A takes its legally owned oil-bearing production technology and product technology as well as its intellectual achievements and technical solutions such as engineering technology as intangible assets and shares in the company.
Article 2: The existing assets and equipment of Party B's company include:
1. Party B's company was established in xx with a registered capital of xx yuan. Existing production and operation site 1000 square meters. The management team of each functional department is well organized and operated, and the company has no debt.
Article 3: The total value of the above management, technology and process design is determined by Party A and Party B through negotiation to be RMB 654.38+million. After the technology is invested, it will be owned by Party A, and it will acquire 0/0% of the company's shares, and the remaining 90% will be held by Party B. ..
Article 4: Party A shall handle the right transfer formalities in time, provide relevant technical materials, give technical guidance and impart technical know-how so that the technology can be transferred to the company smoothly, which will digest and master it.
Article 5: After the technological achievements become shares, Party A obtains the shareholder status, and its technology belongs to the company.
Article 6: After the signing of this Agreement, since it is inconvenient for both parties to go through the formalities of equity change in the industrial and commercial department, their shares are now handled in the form of notarization, which has the same legal effect as the equity in the industrial and commercial department.
Article 7: The term of this Agreement and the restrictions imposed by Party A and Party B on the pledge, transfer and donation of the company's equity shall be stipulated separately in the articles of association.
Article 8: Party A and Party B promise to abide by the company system, give full play to their specialties, perform their duties and exercise their powers within their respective positions.
Article 9: Party A promises to have a clear understanding of the company's creditor's rights and debts when signing this agreement, and recognizes that the above-mentioned creditor's rights and debts will be included in the company's future profit and loss financial statements for financial accounting.
Article 10 Rights and obligations of Party A
1. Party A enjoys the legal right of 10% equity in proportion to its capital contribution, and enjoys the monthly salary of 10000 yuan and all other welfare benefits stipulated by the company.
2. Party A is the technical director of the company, responsible for the company's products, including but not limited to R&D, production and technical guidance.
3. Party A guarantees that it has legal ownership of the technology it has invested, and there is no infringement dispute after these technologies are invested in Party B, otherwise Party A will bear all the responsibilities. Party A also guarantees the advancement and feasibility of its shareholding technology and technical background in the same industry.
4. Without the consent of Party B, Party A (including Party A's immediate family members, the same below) shall not engage in or engage in business similar to or competitive with the Company in other places in any name, or start an enterprise similar to or competitive with the Company in any name.
Party A shall not disclose, disclose or let others use the company's technological achievements (including the technology in which Party A shares), trade secrets or other intellectual property rights with or without compensation, or use them for purposes that are unfavorable to the company. Under the premise of observing the confidentiality system, Party A's use and disclosure within the company for the benefit of the company is not subject to this restriction.
5. As a shareholder, Party A enjoys the rights of shareholders stipulated by law, including asking to check the financial accounts at any time and paying dividends according to regulations.
6. In order to maintain the stability of the company, if Party A pledges, transfers or donates its equity to a third party for personal needs five years after the signing of this agreement, Party B has the preemptive right under the same conditions.
Article 11: Rights and obligations of Party B
1. Party B () is the general manager of the company and is responsible for the operation and capital operation of the whole company.
2. Party B shall publish the financial accounts to Party A on a regular basis every year, and may provide the financial accounts for inspection at any time upon Party A's request .. Party B shall pay dividends by shares according to laws and regulations, and the payment form shall be * * * * * 1 before.
Article 12: When additional investment is required or operating losses need to be made up according to the articles of association, Party B shall make capital contribution as promised.
Article 13: Liability for breach of contract
1. Party A is responsible for product research and development, while Party B provides all operating capital support and is responsible for the overall operation of the company, which is the basis of cooperation between the two parties. The following acts constitute a fundamental breach of contract:
(1) Party B or Party A violates the provisions on non-competition, or divulges, discloses or lets others use the company's technological achievements (including the technology in which Party A shares), trade secrets or other intellectual property rights, or uses them for purposes that are not conducive to the company without authorization, thus causing losses to the company;
(3) Without the consent of the Company, Party A refuses to provide technical guidance or stops technical research and development;
2. Default handling:
(1) If either party violates the provisions on non-competition, or divulges, discloses or lets others use the company's technological achievements, trade secrets or other intellectual property rights, or uses them without authorization, which is not conducive to the company's purpose and causes losses to the company, and the amount is difficult to calculate, it shall pay the other party a penalty of RMB 200,000, and the other party may terminate the contract at the same time. If it infringes on the company, the company has the right to investigate the responsibility according to 30% of the sales of infringing products.
Article 14: intellectual property rights
During the cooperation period and within 5 years after withdrawing from the cooperation, the intellectual property rights of inventions, utility models, designs, developed products and related products related to the company during the cooperation period belong to the company's job achievements or trade secrets, and their intellectual property rights belong to the company. If R&D is conducted in violation of the principle of non-competition, the intellectual property rights of the new achievements shall be owned by the company.
Article 15: Other
1. For matters not covered in this agreement, both parties may separately agree or sign a supplementary agreement through the Articles of Association. The Articles of Association and the Supplementary Agreement shall come into force at the same time as this Agreement. If the Articles of Association are different from this Agreement, this Agreement shall prevail. In case of conflict between this agreement and the supplementary agreement, the supplementary agreement shall prevail.
2. Disputes arising from the performance of this Agreement shall be settled by both parties through consultation. If no agreement can be reached, either party may bring a lawsuit to the People's Court of Baoan District, Shenzhen.
3. This agreement is made in triplicate, one for each party, and one for the notary office, which shall come into effect as of the date of signature or seal by both parties.
Signature of Party A: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Signature of Party B: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Article 4 of the Technical Agreement: Both parties to the contract:
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Members of _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
In order to develop rural commodity production and improve the technical level of _ _ _ _ _
1. At the invitation of Party B, Party A will teach the technology produced by _ _ _ _ _ at Party B's residence. The term of this contract is _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
2. When the contract expires, Party A guarantees that Party B reaches the following technical level:
Three. Party B shall be responsible for providing Party A with necessary funds amounting to RMB _ _ _ _ _ _ _ _ _.
Four. During the performance of this contract, Party B shall pay Party A a monthly remuneration of RMB _ _ _ _ _ _ _ _ _.
5. At the expiration of the contract, if Party A's guidance fails to meet the technical requirements stipulated in the contract, it shall not only refund the remuneration paid by Party B and compensate all losses of Party B, but also pay Party B RMB as liquidated damages. If Party A terminates the execution of the contract, it shall pay Party B RMB as penalty besides all expenses. If Party B fails to pay remuneration to Party A within the time stipulated in this contract, Party B shall pay liquidated damages to Party A at _ _ _% of the delayed payment for each day of delay. If Party B terminates the execution of the contract, Party B shall pay all the remuneration to Party A within the contract period.
6. After this contract comes into effect, neither party may change or terminate this contract without authorization. If there are any matters not covered in this contract, Party A and Party B shall make supplementary provisions through consultation, which have the same effect as this contract.
7. In case of force majeure, the contract cannot be performed, which shall be settled by both parties through consultation.
Eight. Others:
The original of this contract is in duplicate, with each party holding one copy. The copy of this contract is on _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
Seal (or signature) of Party A: _ _ _ _ _ _ _
Seal (or signature) of Party B: _ _ _ _ _ _ _
Completed on _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.