The letter of intent is more flexible, in the process of negotiation, the parties can be according to their respective intentions and purposes of the views of the parties, in the formal signing of the agreement, the contract can also be changed at any time before the supplement, and ultimately reach an agreement.
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The following small make-up to share with you, I hope to help you!
#Example of Letter of Intent for Project Cooperation (Selected Part 1)#
Party A (name of the organization): ________________________ (hereinafter referred to as Party A)
Representative of Party A: _________Contact phone number: _________
Party B (company name): _________________________ (hereinafter referred to as Party B)
Party B's representative: _________Contact number: _________
In accordance with the Contract Law of the People's Republic of China (PRC), Regulations on Contracting Contracts for Construction Projects of the People's Republic of China (PRC), and other relevant legal regulations, in line with the principle of equality and mutual benefit, fairness and honesty, and sincere cooperation, Party A and Party B have reached the following intention on the construction of this project:
Article I. After Party A's examination of Party B, Party A intends to entrust Party B with the contracting of Party A's _____________ project.
Article 2: Party B must ensure that the relevant qualification certificates provided for the requirements of the contracted project are true, legal and effective.
Article 3: Technical Services
Party B must assign the technical person in charge and complete the technicians, and carry out the construction in strict accordance with the design drawings and operation procedures provided by Party A. Party B, all construction activities, must be prepared to safety construction measures, construction of all construction personnel before the construction of a comprehensive safety and technical briefings, and to provide Party A with construction personnel to learn the records to ensure that the entire construction process correctly and completely implemented, no measures or no briefings are strictly prohibited to arrange for the construction.
Article 4: Safety Management
1. Party B must obey Party A's safety management and coordination, and implement all kinds of safety instructions. Carry out the construction in accordance with the laws and regulations on production safety, mine safety management system and regulations.
2. Party B must assign full-time production safety management personnel or safety supervisors, and must attend various safety inspections and meetings organized by Party A on time.
3, on-site construction should comply with national and local laws and regulations on labor safety, labor laws and regulations, to ensure the legality of its employment. Party B must be in accordance with the relevant provisions of the state, personal insurance for construction workers, equipped with qualified labor protective equipment, safety gear.
4, before the commencement of work, Party B shall organize all construction personnel for safety education, and will participate in the list of safety education personnel (including temporary additions or transfer of personnel) and test results reported to Party A for the record.
Article V: Site Management
Party B must be fully equipped with site management (including shift management personnel), and the shift management personnel must hold qualified and valid safety certificates issued by the relevant departments, and submit to Party A's safety management and participate in Party A's safety training. Party B must ensure that the site of the normal followers, follow the management personnel shall not be replaced without reason, when the need for replacement, must be agreed by Party A.
Article 6: Special jobs
Party B must be equipped with special operators, who must hold qualified and valid qualification certificates issued by relevant departments. Special workers must accept Party A's unified management and participate in Party A's safety training.
Article 7: Quality of workers
Party B must send construction workers who have more than three years of working experience in coal mine tunneling, and carry out the construction in strict accordance with the "Coal Mine Safety Regulations" and "Safe Operating Procedures", and the workers must strictly abide by Party A's rules and regulations and Party A is entitled to penalize them for the discovery of the "three violations.
VIII.
Article VIII: Entry regulations
After the bidding procedure is completed, Party A and Party B will sign the contract within 2 days, and Party B must send someone to enter the construction site to carry out the construction within 3 days after the contract is signed.
Article 9: Contact information and response time of Party A and Party B
Party A and Party B shall coordinate and arrange the work in a unified manner with the scheduling meeting, safety office meeting and other relevant meetings, and send the internal contact list, fax, and so on to the other party in written form.
Article X. Contracting method: In addition to the equipment and materials provided by the construction party, Party B will contract the work and materials.
Article 11: Settlement method
Implemented by the financial settlement regulations of the group company.
Article XII, Material Procurement and Supply
1, Party B, according to the agreement, Party A and Party B **** the same in accordance with the requirements of the design specifications, the procurement of materials and equipment needed for the project, and to provide product qualification certificates, in the arrival of 24 hours to notify the Party A acceptance, the unqualified products, the Party B according to the Party's requirements of the time to be transported out of the construction site, the main construction materials shall be approved by the The main construction materials shall be approved by Party A and Party B. If the construction period is delayed due to the quality of materials, the contract period will not be extended.
2. According to the needs of the project, Party B can use substitute materials with Party A's approval.
Article 13, Party A's duties and powers
1, Party A to do a good job of "three passes and one leveling", and to handle all the formalities belonging to Party A should be handled.
2, Party A should be before the commencement of work to Party B for the site briefing, to do a good job of all the necessary conditions for entering the field, explain the precautions.
3, is responsible for the progress of timely disbursement of funds to Party B, appointed technical management personnel, to assist the work of Party B, and coordinate with Party B to solve the technical problems occurring in the construction in a timely manner.
4, responsible for coordinating the relationship with the local government and the surrounding areas, better deal with the rationalization of the opinions and suggestions put forward by Party B, and supervise and control the quality, safety and progress of Party B in the construction process.
Article 14, Party B's duties and rights
1, to participate in Party A's organization of the construction design program on-site briefing.
2, Party B in the construction period fully assume the management and construction of Party B's works, the quality of the project, safety, progress is responsible for, to ensure the quality of the materials supplied.
3, during the construction period, Party B should carefully organize and prepare the construction design, responsible for construction in accordance with the construction design.
4, strictly abide by the operating procedures, accept Party A, supervision and appointed representatives of the quality inspection and technical supervision, collect and organize the technical information for archiving. Obey and listen to the correct command of Party A.
Article 15: Delay in construction period
The delay in completion date due to the following reasons will be confirmed by Party A's representative, and the construction period will be postponed accordingly.
1. Changes in the quantity of work and design changes;
2. Within one week, the cumulative total of water and power cuts exceeding 8 hours for reasons not attributable to Party B;
3. Force majeure;
4. Any other circumstances agreed upon in the contract or agreed upon by Party A's representative for granting the deferral.
5. Delays in the works caused by Party A's subcontracted works.
Article 16: Concealed works, intermediate acceptance
For concealed works, Party B shall notify Party A and the supervisor at any time, and after Party A and the supervisor accept and sign the works, the construction of the next process can be carried out.
Article XVII, this letter of intent, does not have legal effect, only as a statement of intent to cooperate between the two sides.
Article 18, A and B agreed _____ to _____ sign a formal contract on _____.
Article 19, this agreement in a single copy, A and B each two copies, signed and sealed by both parties to enter into force, this letter of intent is the basis of cooperation between the two sides, A and B specific cooperation content to the formal contract shall prevail.
Signature of the representative of Party A: __________
Signature of the representative of Party B: __________
_____ Year _____ Month _____ Day
#Example of Letter of Intent for Project Cooperation (Selected Part 2)#
Party A: __________ (supply side)
Party B: __________ (demand side)
Party A and B are consulting and negotiating on the supply and sale of products, and for the purpose of further negotiation, we hereby enter into this Letter of Intent in respect of the matters on which agreement has been reached.
I. Party A is required to supply Party B with _____ per month in line with the agreed requirements, on a year-round basis.
Two, Party A supply Party B's product prices based on the immediate market price.
Three, non-consensual by Party A and Party B, regardless of how prices rise or fall, Party A shall not interrupt the supply.
D. The products supplied by Party A to Party B shall be transported to Party B's designated place by _____ party, and the freight cost shall be borne by Party A.
V. After the products supplied by Party A to Party B arrive at Party B's designated place, they will be inspected by Party B's designated personnel, and if the products meet the agreed quality standards, Party B will issue a receipt for Party A, and Party A will settle the payment with the receipt; if the products do not meet the agreed quality standards, they will be returned to Party A, and the freight charges shall be borne by Party A.
Sixth, Party A's payment is settled once a month, Party A settles the payment with the receipt issued by Party B, and invoices for Party B.
VII. Liability for breach of contract
1. After the signing of the formal supply and sales contract, Party A does not supply or stops supplying the goods without the consensus of both parties, and Party A shall bear the economic loss caused by Party B.
2, Party A monthly supply of Party B in line with the agreed quality standards of the product quantity is insufficient, Party A should be made up in the next month within the first day. If Party A supplies Party B with insufficient quantity of products meeting the quality standard for three consecutive months, Party B has the right to terminate the contract, and Party A shall bear the economic loss caused by Party B.
3, Party B did not settle the payment to Party A on time, each extension of one day, shall be paid to Party A for the current period of unsettled payment of 8% (or a few ten thousandths) of the interest.
Eight, this letter of intent for the two sides to reach the basis of the formal supply and sales contract, the two sides in this letter of intent on the basis of negotiation and sign a formal supply and sales contract. It is after the signing of the supply and sales contract, the effect of this letter of intent will be terminated.
Nine, this letter of intent in duplicate, A and B, each party to sign a copy of the two sides signed and sealed to take effect.
Party A: _____ Party B: _____
_____ year _____ month _____ day
#Project Cooperation Letter of Intent Sample (Selected Part 3)#
Party A: ___________ (hereinafter referred to as Party A) Company Address: ________
Contact Tel: _______ Fax: ________ Zip Code: ___________
Outer Party: ___________ (hereinafter referred to as Party B) Company Address: ________
Contact Tel: _______ Fax: ________ Zip Code: ___________
Party A and Party B, after friendly, frank consultation, on Party A's construction project investment in small and medium-sized enterprise financing cooperation, to reach a *** knowledge as follows:
One, the company's name: _________________ (tentative)
Two, the company's registered office address: _____________
p>three, the total investment of the project _________ million U.S. dollars, the registered capital ___________ million U.S. dollars
Party A invests _______________ million U.S. dollars, Party B invests ___________ million U.S. dollars
four, the total amount of investment in small and medium-sized enterprise financing to be provided by Party A's construction project is about _________________ million dollars.
Fifth, Party A and Party B intend to *** with the establishment of a cooperative company, Party B intends to take the current currency as the terms of cooperation; Party A intends to take the project's land, fixed assets and future earnings as the terms of cooperation. After the construction funds provided by Party B enter the foreign exchange account of the Sino-foreign cooperative company in batches, the period of use shall be _____ years, the first _____ years shall be the construction period, and the construction period shall be exempted from principal and interest. Starting from the end of the _____ year, Party A will pay Party B dividends at 12% of guaranteed profit every year for _____ years, and no more principal and interest will be paid at maturity.
Sixth, so that the funds provided by Party B safe access and remittance, the two sides on the establishment of "Sino-foreign cooperative company", the establishment of "foreign exchange accounts.
Seven, Party B is responsible for the provision of the relevant materials required to apply for cooperation companies, Party A is responsible for the local declaration, project, registration and all related procedures. Both sides to ensure that the materials provided to each other is complete, true and effective.
Eight, Party A enterprises and institutions for the mortgage of the enterprise's assets and construction projects, need to be in accordance with the provisions of the Chinese people *** and the State Guarantee, the need for project guarantees, as a condition of attracting capital with Party B. If due to any uncertainty caused by the profits can not be paid to the _______ party on time, Party B has the right to take over the right to operate the cooperative project until the recovery of the investment will be the right of operation of the project to be returned to the Party A.
Nine, Party A's future earnings of the construction project, need to be in accordance with the provisions of the People's Republic of China *** and the State Law on Joint Ventures and Cooperation by the two sides recognized by the assessment or who institutions to analyze the assessment and investment risk estimation, as the basis for Party B's risk investment.
Ten, after the establishment of Sino-foreign cooperative companies, Party B does not participate in the future of the cooperative company's all business activities, and does not bear all the legal and economic responsibilities of the cooperative company, is only responsible for the provision of funds to supervise the use and deployment. After the expiration of the cooperation period, Party B unconditionally withdraws from the cooperative company and all Party A all.
Eleven, A, B and the two sides in the process of attracting investment and cooperation in the relevant preliminary action costs, the domestic part of the advance by Party A, the foreign part of the Party B to bear.
Twelve, the letter of intent to cooperate with the third party involved in the economic relations and joint and several liabilities, are not related to Party B.
Thirteen, party B funds in place at the same time, according to the actual funds in place _______%, party A to pay the third party a one-time small and medium-sized enterprise financing consulting services.
Fourteenth, this letter of intent to cooperate, signed by representatives of both parties to confirm.
Fifteen, this letter of intent to cooperate in duplicate, each party to sign a copy. The two sides shall consult separately on any outstanding matters.
Chinese Party: ______________________________ Foreign Party: ______________________________
#Example Letter of Intent for Project Cooperation (Selected Part 4)#
Party A: _______________ (hereinafter referred to as Party A)
Party B: _______________ (hereinafter referred to as Party B)
In order to make the ______________ project (hereinafter referred to as the Project) industrialized in the _____ Hi-tech Industrial Development Zone, according to the relevant national and local laws and regulations, the two parties, in the spirit of principle of equality, voluntariness and compensation, enter into this agreement.
I. Land Issues
1. Location of the land and the way of granting.
Party A agrees that the project will enter the _____ Export Processing Zone to realize industrialization. Preliminarily, it is determined that the project construction site is located in ______, covering an area of about ___ acres. Among them, the area for sole use is ____ mu, and the area for road acquisition is ____ mu, and the exact location coordinates and land area are to be confirmed by Party A's planning and land construction management department after actual measurement. Party A will provide the state-owned land use right to Party B by way of paid transfer.
2. Land price.
In order to show its support for the project, Party A initially determined to grant the right to use the land required for the project to Party B at a favorable price of ____ million RMB/mu, and the total amount of the grant is ____ million RMB. The difference between the cost of the land acquisition and the value of the concession, amounting to ____ million yuan, will be supported by the High and New Tech Zone in the same amount with reference to the part of the fiscal revenue of the High and New Tech Zone in the tax payment of the project unit.
3. Payment method.
The planning and land construction management department of Hi-tech Industrial Development Zone signs a formal land use right transfer contract with Party B. Party B will be entitled to the payment within fifteen days after the signing of the contract. Within fifteen days after the signing of the contract, Party B will pay the land use right premium to Party A in one lump sum. After Party A receives all the land use right premium, according to the relevant provisions of the state, as soon as possible to complete the state-owned land use certificate and other relevant procedures.
Two, engineering construction
1. Conditions for the commencement of construction.
(1) In accordance with the requirements of Party B's construction planning, Party A undertakes to ensure that the site of this phase has the basic construction conditions of water, sewage, rainwater, heat, broadband network, public antennae, electricity, communication, access and site leveling (i.e., "Nine Passes and One Leveling") before ______, so as to ensure Party B's smooth entry into the site. Otherwise, Party B will be liable for any damages caused to Party B. Otherwise, we will bear the economic losses caused by this to Party B.
(2) Party A actively assist Party B for the construction procedures. Party B is responsible for paying the relevant fees according to the specified time and amount.
2. Progress of construction.
Party B must enter the site and start the construction before ______ ___ month x, and strictly follow the construction progress plan to invest funds for the construction and ensure the construction progress.
3. Completion time.
Party B must complete the project before ______ ___ month X, and in case of extension of the completion date, Party B should submit an extension statement to Party A within thirty days or more before the original completion date to obtain Party A's approval.
3. Liability for breach of contract
1. If Party B fails to pay the land premium and other payables in time as agreed in the Land Use Right Grant Contract, it shall pay a late fee at the rate of 0.5 per thousand of the payable fee per day from the date of late payment. If the payment is overdue for 90 days without full payment, Party A has the right to terminate the agreement and may request for compensation for breach of contract.
2. If Party B obtains the land use right and then fails to take over the construction as stipulated in the agreement, Party B shall pay 5% of the paid land premium as liquidated damages; if Party A does not invest in the construction for two consecutive years, Party A has the right to take back the land use right in accordance with the relevant provisions of the state.
3. If Party B delays occupying the land use right due to Party A's reasons, Party A shall compensate Party B with 5% of the paid land premium as liquidated damages.
4. In order to avoid the loss of state-owned assets, Party A is guaranteed to be compensated for the subsidies for this project within a certain period of time. Within five years from the formal commissioning of this project, Party B shall compensate Party A for the difference in taxes paid to the tax authorities of the Hi-tech Zone (tax rebate or foreign exchange incentive) when the taxes paid by Party B to the tax authorities of the Hi-tech Zone are less than 50% of the amount of the corresponding taxes (tax rebate or foreign exchange incentive) committed in the project report that Party B has submitted to Party A (except for the preferential policies). That is, the specific amount of a certain tax committed by Party B in the project report ____50% = the actual amount of that tax paid by Party B in the current year.
Four, other
1. In the fulfillment of this agreement, in case of disputes, the two sides will consult to solve the problem; if the consultation fails, the two sides agree to apply for arbitration to __________ Arbitration Commission, and in case there is no written agreement on arbitration, it can be sued to the People's Court.
2. Either party for the occurrence of force majeure and their own no fault caused by the delay can not fulfill the obligations of the relevant provisions of this agreement, the non-performance will not constitute a breach of contract, but the party must take all necessary remedial measures to reduce the losses caused. And within thirty days of the occurrence of force majeure to the other party to submit the agreement can not be performed or partially can not be performed, as well as the need for extension of the reasons report, at the same time, to provide the relevant departments issued by the force majeure certificate.
3. This agreement in duplicate, A, B and each side of one. The two agreements have the same legal effect, signed and sealed by the legal representatives of A and B (or commissioned by the agent) to take effect.
4. This Agreement was signed on the xth day of xth month of ______ in the city of _____ in the province of _____ in the People's Republic of China*** and the State of _____.
5. The validity period of this Agreement is from ______ x___ to ______ x___.
6. Matters not covered in this Agreement may be separately agreed upon by both parties as an attachment to this Agreement, and have the same legal effect as this Agreement.
Party A: (Chapter) ________________ Party B: (Chapter) ________________
Legal representative (proxy): _________Legal representative (proxy): __________
Corporate domicile: ____________________ Legal domicile: ______________________
Postal code: ____________________ Postal code: __________________________
Telephone number: ____________________ Phone Number: __________________________
#Example Letter of Intent for Project Cooperation (Selected Article 5)#
Party A (Project Sponsor):
Party B:
According to the People's Republic of China *** and the State Company Law", "Contract Law" and related laws, Party A and Party B in good faith, mutual benefit, fair and just principle, on Party A pollution-free ecological animal husbandry industry project cooperation and development to reach the following terms of the agreement:
One, the content of the project briefly
1, the development of the project name: pollution-free ecological animal husbandry
2, the development of the project Initiator:
3, Party B's intention to cooperate:
4, Party B's mode of cooperation:
①, Party B will contribute ____ million yuan, and Party A will be responsible for the internal management and marketing of the project. Party A and Party B will distribute the shares according to the ratio of ___% and ___%.
②, Party A and Party B **** the same capital, Party B invested ____ million yuan, accounting for the project _____% shares, the two parties **** the same management.
③, Party B full range of technical support provided to Party A, equivalent to cash ____ million yuan, accounting for the project _____% shares, the two sides *** with the management.
Two, Party A's rights and obligations
1, Party A is responsible for the planning, design, feasibility studies and other preliminary preparatory work for the cooperative project;
2, Party A is responsible for the project's construction and approval procedures;
3, Party A is responsible for the project's negotiations on the acquisition of land and the handling of related formalities;
4, Party A is responsible for the government to fight for the project can strive for
5, such as the project is A and B **** with the construction of capital, Party A enjoys the right to cooperate in the construction of the project management; after the completion of the project, Party A enjoys the corresponding profit share allocation.
6, such as the project is the construction of Party B sole proprietorship, Party A of the project construction in the implementation of Party B to enjoy the right to propose, the right to consider, the right to monitor the project is completed after Party A enjoys the corresponding profit share allocation.
Three, the rights and obligations of party B
1, party B according to the project investment to inject funds into the demand for funds, responsible for the timely implementation of funds in place;
2, party B according to the project's planning and design requirements, and party A *** with the organization and implementation of the construction of the project;
3, party B enjoys the right to the project consulting, argumentation, site visits, party A should give active support and cooperation. Should give active support and cooperation;
4, such as the project is a joint venture between the two sides, Party B enjoys the corresponding profit share allocation;
5, such as Party B is to provide technical support, according to the two sides of the negotiation of Party A and B to enjoy the technical support provided by the Party B shall have the right to enjoy the rights of the management of this Article B enjoy the right to make suggestions.
Four, other matters
1, the agreement is only for the intention, its cooperation, investment, etc. Both sides to further study and consultation, signed the "Project Agreement";
2, A, B responsibilities, rights and benefits in the "Project Cooperation Agreement" to make a comprehensive agreement;
3, A, B, both sides to ensure that the information provided by the data is true, valid and legitimate.
3, A and B guarantee that the information and data provided are true, valid and legal.
Party A: Party B:
_____Year _____Month _____Day
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