Project cooperation framework contract model
With the passage of time, anytime, anywhere, all kinds of scenarios are likely to use the contract, the signing of the contract is in order to protect the interests of both sides, to avoid unnecessary disputes. So what is a formal, standardized contract like? The following is my carefully organized project cooperation framework contract model, for your reference and reference, I hope to help friends in need.
Project cooperation framework contract 1
Party A:
Party B:
Party A and Party B after full consultation, based on the principle of voluntary equality and honesty and credit, according to the "Chinese People's **** and the State of the Contract Law", "the Chinese People's **** and the State of the General Principles of Civil Law," and other relevant laws and regulations, the two sides reached a cooperation agreement is as follows:
I, Cooperation Project
Project Name:
Project Business Scope:
Project Business Address:
II. Cooperation Period
1. From ________ ____ month ____ to ________ ____ month ____ day.
2. The term of cooperation can be changed with the written consent of both parties.
Third, the form and content of cooperation
Party A entrusts Party B to provide overall operation and management services for the project in accordance with the actual situation of the project, which means Party B is entrusted to be responsible for the whole planning and implementation of the project from the positioning study to the operation and management. Party A is responsible for providing operating conditions and support cooperation, as an investor in the operation of Party B has the right and obligation to monitor the whole process.
Fourth, the scope of services provided by Party B
1, project market research.
2, project feasibility analysis.
3, project positioning study.
4, project investment planning and implementation.
5, project promotion and publicity planning and implementation.
6, the daily commercial management of the project.
7, the project's brand building.
5, investment services deposit and payment
1, in order to reflect the sincerity of cooperation and economic strength of Party A, Party A paid Party B the total investment services deposit of RMB 300,000 yuan (RMB300,000)
2, investment services deposit payment: in the one week after the effective date of the signing of the contract, Party A paid RMB 150,000 yuan (RMB15,000) to Party B. The investment services deposit payment: in a week after the effective date of the contract, Party B paid RMB 15,000 yuan (RMB15,000) to Party B. RMB150,000) to Party B. When the management team selected by Party B is stationed in Party A's project on the 7th day, Party A pays RMB150,000 (RMB150,000) to Party B in advance.
3. In order to reflect Party B's integrity and operational capabilities, Party B will unconditionally refund Party A a one-time deposit of three hundred thousand yuan (RMB300,000) for investment promotion services within seven days of Party A's proposal to terminate cooperation under the following two circumstances.
① Party B failed to work according to the process of "six months before the cooperation, Party B normal fulfillment of the contract work process table" or the inability to normal fulfillment of the contract.
② In the contract within 180 days of the agreed time does not meet the guaranteed investment target.
4, if Party B in the contract within 180 days of the time to achieve the bottom of the investment target, Party A prepaid to Party B investment services deposit to investment service fees.
Six, investment service fee and payment
1, the project cooperation, Party A to Party B to pay the total investment service fee of RMB 2.6 million yuan (RMB2.6 million). Calculated on the basis of 105,000 square meters (Phase I and II) of commercial area, the investment promotion service fee per square meter is RMB 24.8 yuan.
2, the payment method: when Party B in the contract within the agreed time investment to reach the contract agreed 60% of the guaranteed target, start paying the investment service fee, calculated as follows: (the first phase of the investment area of 33,000 square meters to reach the target) × 24.8 yuan / square meter = 818,400 yuan, and so on.
3. Party A pays with the official tax invoice issued and provided by Party B.
4, the second phase of 50,000 square meters of commercial area of investment service fee calculated as above.
7, operating funds and payment
1, Party B in the operation process of publicity and promotion costs, staff wages, office costs and other hard and soft expenses shall be put forward a detailed plan for Party A's approval after the implementation.
2, ________ region of the publicity and promotion costs borne by Party A, ________ region of the publicity and promotion costs borne by Party B.
3. Payment method: Party A pays Party B directly on a monthly basis for the salary of the personnel assigned to the investment promotion and management team. Office expenses, travel and other expenses are written off according to Party A's reimbursement standards and procedures.
Eight, Party B stationed in the number of investment and management team and salary
1, Party B stationed in the number of investment and management team, in the first six months of cooperation to determine the number of six, six months after the development of the need for both parties to consult with discretionary increase or decrease in personnel.
2, Party B stationed in the investment and management team's salary and treatment standards with reference to Party A's standards for the same level of personnel, in principle, shall not exceed Party A's 0.5 times, more than the part of the company by Party B to make up for.
4, Party B's staff attendance by Party A and Party B **** the same assessment, Party A based on attendance to pay the monthly salary of Party B's staff.
Nine, business objectives and revenue sharing
1, business objectives:
2, during the cooperation period, Party A agreed to the project to generate profits, profits after tax, Party A accounted for 60%, Party B both sides accounted for 40%, Party A quarterly advance payment to Party B, the end of each year to settle the annual profits of the project, the quarterly profit of Party B according to the end of the year settlement results, the more back less than make up for.
X. Party A's rights and obligations
1, Party A has the obligation to provide documents and information related to the project in accordance with Party B's requirements.
2. Party A guarantees that all documents and information provided are true, legal and effective.
3. Party A has the obligation to assist Party B in the process of cooperation.
4. Party A has the obligation to pay in full according to the contract.
5, in the term of cooperation, Party A has the right to require Party B to report regularly to Party A on the progress of the work (within the first six months, Party B at least once a week to report to Party A in writing).
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 the financial operations of the project, including the collection of fees from the enterprises or merchants.
8, if Party B does not meet the contractual investment objectives or business management objectives, Party A has the right to unilaterally terminate the cooperation agreement and claim back the investment service fees paid.
XI, the rights and obligations of Party B
1, the contract signed after the entry into force, Party B has the obligation to provide Party A with the services agreed in the contract.
2. Within five days after the signing of this contract, Party B has the obligation to submit a detailed work plan for the operation and management services of this project, which will be executed after Party A's review and approval, and will be attached as an annex to the contract.
3, during the cooperation period, Party B has the obligation to strictly abide by the law and consciously accept Party A's supervision.
4, without prejudice to the interests of Party A and to ensure the normal operation of the project under the premise of the contract within the scope of the agreement, Party B in the planning and specific operation of the project has the right to independent decision-making, and bear the operation of the process of all the risks that may arise.
5, because Party A failed to pay Party B the salary of Party B personnel, investment service fees and the project's 40% of the operating profit of the corresponding costs according to the time and amount of the contract, Party B has the right to refuse to continue to fulfill the contract.
6, Party B has the right to request Party A to provide assistance, cooperation and implementation of the operation plan in accordance with the two sides.
7, during the cooperation period, in order to reflect the integrity of cooperation, risk **** bear the purpose, if the agreed time does not meet the guaranteed standards agreed in the contract, Party B has an unconditional obligation to return the investment service fees paid by Party A.
8, Party B has the right to refuse to continue to fulfill the contract.
8, Party B should be in line with the principle of saving savings, strictly according to the standard budget costs to carry out the work, if indeed due to the actual needs of more than, it is necessary to report to Party A in advance, the Party agreed to the implementation, or else more than part of the Party B.
9, without Party A's authorization, Party B shall not charge any fees for the admission of enterprises or merchants.
XII, liability for breach of contract
1, because this agreement is signed in the pre-development of the project (no project, no planning, no design and other related procedures) so if a single party default, the other party must bear the cost of the project expenditure of four times.
2. If any party is unable to fulfill its obligations under the agreement due to reasons beyond its control, including war, fire, storm, political blockade or natural disaster, that party shall not be liable for breach of contract, nor shall it be liable to the other party for any loss or damage arising from the aforesaid non-performance.
XIII, confidentiality terms
1, in the process of cooperation, the two sides to provide the need to be confidential data and information should be informed of the other party in advance in writing (notification of the way to include such as documents stamped with confidentiality measures, such as confidentiality seal).
2, both parties are obliged to provide each other with data and information to be kept confidential, without the consent of the other party, shall not be disclosed to any third party, and should ensure that measures to prevent any leakage. Once the leakage occurs, as long as there is a piece of evidence to prove that a party's commercial secrets are leaked by the other party, the party that leaked the other party shall bear the financial and legal responsibility for all direct and indirect losses caused by the other party.
3, regardless of whether this contract is concluded, renewed or terminated, the confidentiality clause will continue to be effective.
Fourteen, force majeure
In the process of cooperation between A and B, such as earthquakes, floods, typhoons and other natural disasters or wars, strikes, and other A and B can not be resisted, can not be avoided, and can not be overcome by the objective circumstances, the period of time for the fulfillment of the present contract will be extended by a period of time equal to the time affected by the accident. Neither party has the right to terminate this contract on the above grounds. The party experiencing force majeure shall notify the other party in writing within 5 days from the date of the accident and submit the documents issued by the relevant authorities to the other party for confirmation within 15 days. Both parties shall immediately decide how to implement this contract through friendly consultation. If force majeure causes this contract to be unable to perform or unable to perform completely, both A and B are exempted from the responsibility of not being able to perform all or part of the contract.
XV. Changes to the contract
Any changes, additions or deletions to the content of this contract, annexes and other documents confirmed in writing by both parties must be made through friendly consultation between the two sides, signed by both parties in writing and stamped with the official seal as an integral part of the contract, and the contract with the same legal effect.
XVI, the contract is not yet completed, the two sides can sign a supplementary agreement. The annexes, supplementary agreements and documents confirmed in writing by both parties shall be an inseparable part of this contract and shall have the same legal effect as this contract.
XVII. Settlement of contractual disputes
For any disputes arising in the course of the performance of this contract, the two parties shall try their best to settle the disputes by negotiation in the spirit of seeking common ground while reserving differences, and striving to promote the progress of the project. If consultation fails, the dispute shall be referred to the People's Court where the project is located.
18, this contract shall enter into force upon signature and seal of both parties. This contract is in a single copy, A and B each of the two copies, have the same legal effect.
Party A:
Authorized representative:
Bank account:
Account name:
Bank:
Account number:
Party B:
Authorized representative:
Bank account:
Account name:
Bank:
Account number:
Project Cooperation Framework Contract 2
The project funder (hereinafter referred to as Party A) and the project technical responsible person (hereinafter referred to as Party B)
A: B:
ID No.: ID No.
Place of Origin: Place of Origin:
A and B in the spirit of fairness, equality, mutual benefit principle to enter into a cooperation agreement is as follows:
Article 1 Party A and B voluntarily cooperate in the operation of plastic and metal paint project, the total investment of 200,000 yuan, Party A in the form of RMB contribution of 150,000 yuan, Party B in the form of RMB contribution of 50,000 yuan and technology and customer resources.
Article II of this partnership according to law to form a partnership, during the partnership, the partners contributed to the **** have property, shall not be divided at will. After the end of the partnership, each partner's contribution is still personal, and will be returned at that time.
Article 3 The partnership shall operate for a period of three years. If there is a need to extend the term, the relevant procedures shall be carried out six months before the expiration of the term.
Article 4: The two parties **** the same business, the partners to implement the partnership firm generated by the income of all partners, the losses incurred or civil liability by all partners.
Article V business fixed assets and surplus in accordance with the net profit of sales achieved by Party A 60%, Party B 40% of the ` proportion of the distribution.
Article 6: The debts of the enterprise shall be borne in the ratio of 60% by Party A and 40% by Party B. Any party to repay the external debt, the other party should be proportional to the other party within ten days to settle their part of the burden.
Article VII of the annual project product sales of ten percent of the total profit for fixed inputs. Sales profit sharing, one year settlement.
Article VIII of this Agreement, the two sides can supplement the provisions of the supplementary agreement and this agreement has the same effect.
Article IX of this agreement in two copies, each partner a copy. This agreement shall take effect from the date of signature (or seal) of the partners.
Article 10 from the date of signing the agreement, Party B is responsible for technology and market development and after-sales follow-up, Party A is responsible for management and daily affairs.
Article 11 of this agreement is valid for three years, calculated from the date of signature of the representatives of both parties (Party B is myself), that is, from __ to ____ ___ month ___. ___Year ___Month ___
Article 12 Dispute Handling
1, for the implementation of this contract occurs in connection with this contract shall be resolved on the principle of friendly consultation;
2, if the two sides can not reach agreement through consultation, then submitted to the Arbitration Commission for arbitration, or to the people's court according to law;
Article 13 of the expiration of this agreement
Article 14 Default
If one party violates any of the terms of this contract, the non-defaulting party shall have the right to terminate the execution of this contract and demand the defaulting party to compensate for the damages according to the law.
Article 15: Termination of the agreement
1, one partner has violated the agreement, the other party has the right to terminate the cooperation agreement
2, the expiration of the cooperation agreement
3, both sides agreed to terminate the agreement
4, one partner has legal problems and do damage to the enterprise, the other party has the right to terminate the cooperation agreement Article 16: The parties may then terminate the cooperation agreement, the other party has the right to terminate the agreement. Matters not yet concluded, the two sides can then negotiate a supplementary agreement, the supplementary agreement equal to this agreement is valid Article XVII of this contract in duplicate, each side of the two sides, with the same legal effect
Party A: (signature) Party B: (signature)
Address: address:
Contract signing location: ___________
The contract is signed on the time: ____, __Month__
Project Cooperation Framework Contract 3Party A (responsible unit): __________________
Party B (cooperating unit): __________________
Whereas Party A is the first party to have the domestic academic and research level in the field of research on the key basic problems of prevention and control of major fires in high-rise buildings, and has made fruitful achievements in the field of research on the key basic problems of prevention and control of major fires in high-rise buildings in the country.
First, the content of cooperation
1, the research objective: in the cooperation period, Party B according to market demand, the need to cooperate in the development of specific technology products, the two sides to cooperate to complete the industrial application of the product.
2, technical content: cooperation to carry out urban high-rise building major fire prevention and control technology and its products industrialization development and application, including:
(1) the fire characteristics of the building exterior wall insulation materials and safety design
(2) high-rise building of three-dimensional fire propagation and its damage to the building structure of the damage mechanism,
(3) high-rise building multi-role coupling of the force (3) Fire smoke transportation and multi-mode coordinated crowd evacuation driven by multi-force coupling in high-rise buildings,
3, cooperation: division of labor, *** with the development of the benefits **** enjoy.
4, cooperation period: January 20xx - 20xx August
Second, the two sides of the division of labor
(a) Party A:
Based on the existing social resources, and further development of the market potential, and gradually formed a standardized, national R&D organization. R & D: three-dimensional fire spread of high-rise buildings and its damage mechanism on the building structure, high-rise buildings, multi-force coupling driven by the fire smoke transportation and multi-mode synergistic crowd evacuation.
(B) Party B:
1, the use of strong technology development power, the development of Party A's new undertaking or A, B **** with the establishment of the project.
2, with Party A to do a good job of technical advice and technical support in the development of business processes. And is responsible for the research and development of the fire characteristics of the building wall insulation materials and safety design.
Third, the rights, obligations and responsibilities of both parties
1, before the project cooperation, Party A needs to provide Party B with the "project feasibility report", describing the project purpose and significance of the existing work base, the content and results of the study, to achieve the main indicators and the implementation of specific programs and other information. Party A needs to ensure that the information provided is true, valid and legal; Party A and Party B can only implement the project after research and discussion, and signed and approved by the persons in charge of both parties;
2. Party A shall carry out the project research in accordance with the cooperation program recognized by Party B, and ensure the legitimacy of the research activities. Without permission, Party A shall not utilize the conditions and resources provided by Party B to carry out activities unrelated to project cooperation.
3. Party A is required to report the progress of work to Party B regularly in the form of communication and scientific research report, and submit written materials. Party A has the obligation to do the corresponding technical guidance and training according to the needs of Party B;
4, A and B *** with the planning, *** with the development of the project, its ownership belongs to the A and B *** with the ownership.
5, party B unilaterally undertake the development of the project, its ownership belongs to party B has.
6, in the process of cooperation between the two sides, A and B have no right to interfere with each other's internal management.
7, the two sides should be based on good faith, mutual exchange and consultation on the status of business operations, in order to promote each other.
Fourth, the cost of cooperative research and payment
Fifth, the results of the distribution
1, property rights belonging to:
Before the cooperation of the two sides of the intellectual property rights belong to their own; cooperation process of all the new technology secrets and patents belong to the A and B ** together with the ownership, both sides have the right to the right to the right to the right to the right to the right to the right to the right to the right to the right to the right to the right to the right to the right to the left. *** together, both parties have the right to use alone or *** together; without the written consent of the other party, any party can not be *** have the technology and patents unauthorized transfer, licensing or cooperation with a third party to use; regardless of *** have or both parties have their own patents, has been used in the two sides of the co-development of the product, shall not be re-licensed or transferred to a third party to use.
(1) the results of the awards: the completion of the unit sorted:, the list of finishers sorted in accordance with the actual contribution to the sorting of the way;
(2) thesis publication: Party A, Party B (need, need not) with the consent of the other party, you can complete the part of the research results of the party to the form of the thesis published separately; joint publication of the thesis, the completion of the unit sorted, the author of the thesis ranked according to the size of the actual contribution (3) Patent application: Party A and Party B may apply for patents for the research results completed by them individually with the consent of the other party (required or not); in case of joint application for patents, the order of the application unit shall be, and the order of the inventors shall be in accordance with the actual contribution;
Among the cooperating parties, if the party declares to give up the right to apply for patents, the patent application may be filed by a single party. abandon the right to apply for a patent, the other party may apply for a separate application; one party does not agree to apply for a patent, the other party shall not unilaterally apply for a patent; after the development project is granted a patent, the party who has given up the right to apply for a patent may obtain a general license for the implementation of the patent free of charge, and the license shall not be revoked; one party transfers its patent rights, the other party may be given priority in the transfer of the patent rights that it **** has; under special circumstances, the parties In special circumstances, the parties may also stipulate in the contract on the share of the right to share the fruits of technology and their respective rights to apply for patents, will be produced in the main stages of technological development of the research and development results, agreed on the rights of their respective independent enjoyment.
(4) The results obtained during the cooperation period, including papers, monographs, patents, and appraisals, reports on the results, etc., shall be indicated with the program funding and project number.
2, the results of the transfer:
The theoretical results of this project, such as the papers formed by the cooperation of their own enjoyment, the formation of *** have patents and technology and other application of the results, in accordance with the ratio of: the ratio of the A and B parties *** enjoy. In case of transfer, the consent of both parties is required; the revenue generated by the transfer shall be distributed between A and B in accordance with the ratio of:. The income distribution program of the products developed in the cooperation is determined in the following way:
(1), belonging to the series of products developed by both parties *** together, the two sides negotiated the market price, according to the after-tax benefits of the _____% proportion of the share, the share of this proportion can be adjusted every six months, according to the cooperation of negotiation adjustments.
(2), belonging to the party B unilaterally developed products, Party A, if the intention to cooperate, can be in the consensus of the two sides, in addition to determine the mode of cooperation and share of methods.
Six, confidentiality provisions
1, A, B and the contents of the project and the cooperation process of the other party know the important information confidentiality obligations. Without the consent of the other party, shall not be disclosed to any other third party.
2, A and B provided to the other side of all the information, special technology and planning and design of the project should be strictly confidential, and can only be used in the cooperation of the two companies within the scope of business.
3, A, B and all senior staff of the company, the R & D team will sign a confidentiality agreement with the partner company to ensure that their employment and research and development during the period of access to confidential information, special technology to be kept confidential.
4, where involved by the A, B and the two sides to provide the project, the funds related to all materials, including but not limited to capital operating plan, financial intelligence, customer list, business decisions, project design, capital financing, technical data, project business plan are confidential content.
5, without the written consent of both parties and directly, indirectly, orally or in writing to a third party involved in the confidentiality of the content of the behavior is a leak.
VII, the responsibility for breach of contract and risk bearing
1, either party violates the agreement, resulting in the project cooperation can not be carried out, the other party has the right to change the agreement, the termination of the agreement, the defaulting party shall bear the losses caused to the other party;
2, the project cooperation during the period of the agreement in the event of factors that lead to the agreement can not be performed, the parties bear their own responsibility. If the agreement cannot be fulfilled due to irresistible factors during the project cooperation period, both parties shall bear their own losses and shall not be liable for breach of contract. Both parties shall notify each other as soon as possible in order to minimize the loss and *** with the negotiation to change or terminate this agreement;
3. In addition to the above, any party wishing to change or terminate this agreement must notify the other party in writing in advance of the day;
VIII, the other parties to the other special agreement
In the research process, if the technology of one of the parties leads to infringement of the rights of the other party, it will be necessary for both parties to cooperate in the research.
In the research process, if a party's technology leads to infringement of other people's patents or related intellectual property rights caused by the loss of the party at fault.
IX. Dispute Resolution:
If any dispute arises in the course of the fulfillment of this contract, it shall be resolved through consultation between the two parties, and if the consultation fails to be resolved, either party may file a lawsuit to the People's Court of competent jurisdiction.
X. Other
1, this agreement can be signed by the two sides of the negotiations on matters not covered by the written supplementary agreement, the supplementary agreement with the agreement has the same legal effect;
2, this agreement shall enter into force by the two sides of the signatures and seals, in duplicate, both sides of the one, has the same legal effect.
3, without the permission of the other party, both parties shall not disclose the contents of this agreement to a third party.
Party A: _____________________ Party B: _____________________
Date of signing: _____ year _____ month ______ day
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