Model 1
Party A:
Party B:
In order to conscientiously implement the "*** Central Committee and State Council on deepening the reform of the medical and health care system opinions" spirit, to promote the coordinated development of clinical and health care, to play the social forces to better provide women and children with high-quality, convenient services, by the Zhongning County District Health Bureau agreed to study the report of the district *** finalized. Agreed to Zhongning County Maternal and Child Health Station *** Party A *** entrusted Beijing Hengjun Hospital Investment Management Company Limited *** Party B *** to open the Zhongning County Maternal and Child Health Center, in order to clarify the relationship between the responsibilities and powers of Party A and Party B, to comply with the advantages of complementarity, equality and good faith, and the principle of mutual benefit, to reach the following terms of the contract:
a. Zhongning County Maternal and Child Health Center address area
Party A to provide the Zhongning County Building a building *** A party except the second floor office ***, building area of 1200 square meters *** brick structure three *** and Zhongning County Maternal and Child Health Hospital sign a piece, used in the party B to open Zhongning County Maternal and Child Health Hospital.
Second, the duration of the contract
fifteen years *** from 2011 to 2026 ***
Third, Party A's duties and obligations
1. Party A supervises Party B's work, does not participate in the operation of Party B, the implementation of the mode of operation of the complete separation of the ownership of the hospital and the right to operate.
2. Assist Party B to handle the "Maternal and Child Health Hospital" of the medical institutions license, maternal and child health technology license, price and fee license and other necessary licenses.
3. Responsible for Party B for urban workers' medical insurance, the new rural cooperative medical care, rural maternity hospital delivery and other designated units of the relevant procedures.
4. Assist Party B to handle the "Maternal and Child Health Hospital" external publicity and advertising approval procedures.
5. To assist Party B in accordance with the "Regulations on the Management of Medical Institutions" on the "Maternal and Child Health Hospital" departmental settings for the validation, construction.
6. Review the admission documents of all medicines, disinfection and disposable consumables of the MCH.
7. Receive a certain management fee from Party B, which is used to finance Party A's health business.
Fourth, Party B's duties and obligations
1. Party B is responsible for the hard construction and daily operation of the "Maternal and Child Health Center". During the cooperation period, it shall strictly abide by the national laws and regulations on medicine and health, and shall not carry out business beyond the scope of services stipulated in the license ***See Article 7 of this paragraph***.
2. Strictly implement the fees and charges finalized by the financial and price departments.
3. "Maternal and child health center" after the completion of the implementation of independent accounting, self-supporting, self-benefit and loss, at their own risk, Party B is fully responsible for all civil liabilities incurred in its business and other work, *** Party B in the contract period of the debt can not be liquidated or can not be liquidated in a timely manner, is fully liable for damages ****.
4. Party B in the contract signed within ten days before the one-time payment of 200,000 yuan to the administrative department of Party A *** Zhongning County Health Bureau **** financial account, as the "Maternal and Child Health Center" operational risk, that is, the special compensation fund. The special compensation fund shall be used to settle the actual costs incurred by the Maternal and Child Healthcare Center for compensation, indemnification or handling of disputes that may be involved in medical malpractice, civil disputes, delinquent management fees, recruitment of staff wages and other expenses. After the negotiation between Party A and Party B on the use of the special fund, Party B shall replenish the special compensation fund of RMB 200,000 in one lump sum within 30 days, after which Party B shall pay liquidated damages of 5% per day to Party A according to the RMB 200,000 per day. Special agreement, if 200,000 yuan of special compensation fund can not be paid to Party A within the time limit specified above, this contract can not come into effect, such as if 30 days of continuous medical civil disputes, etc., should be made up within 7 days from the date of the accident or dispute, etc., the special compensation fund.
5. Reasonable disposal of the "Maternal and Child Health Center" business income. Party B is responsible for the entire building of water and electricity, sanitation, housing maintenance *** Party A except office space *** and bear all kinds of licenses, license verification of all costs. Bear the compensation for medical disputes or accidents and business advertising costs and other related direct costs, indirect costs and follow-up costs.
6. Pay the management fee to Party A's financial account in two installments per year, otherwise, this contract will be automatically terminated. The specific amount and manner of payment are:
***1***Year 1 to Year 5:
200,000 yuan per year, i.e., 100,000 yuan for each half-yearly management fee to be paid by October 15 and April 15 respectively within the first year to the fifth year.
***2***Sixth through tenth years:
$300,000 per year, i.e., $150,000 each of semi-annual management fees to be paid by October 15 and April 15 in the sixth through tenth years, respectively.
***3*** Eleventh through fifteenth years:
$400,000 per year, i.e., $200,000 each for half-yearly management fees paid by October 15 and April 15 in the eleventh through fifteenth years, respectively.
7, the business carried out in accordance with the Zhongning County Health Bureau approved the "Zhongning County Maternal and Child Health Hospital" license to operate the scope and time of implementation.
***1*** Internal Medicine;
***2*** Obstetrics and Gynecology;
***3*** Pediatrics;
***4*** Pentacenter;
***5*** Urology;
***6*** With the development of the business, it is necessary to set up additional departments, the Party will be reported to the District Health Bureau for approval. /p>
8, according to Party A's request to provide free training for rural technicians throughout the region, and unconditionally selected Party B experts identified by Party A, staff to participate in the work of maternal and child health care in Zhongning County, such as rural inspection, guidance, street publicity, free clinic and other public welfare activities.
Fifth, the other parties agreed matters
1, the above or unilateral name of the application for special projects, funds, devices, etc. belonging to the state investment part of the state-owned assets account to Party B, Party B on the medical device only have the right to use, such as Party B's company investment, property rights owned by Party B. The contract expires if Party B's company investment, property rights. Specialized compensation fund contract expires in full return to Party B.
2, the contract period, such as the occurrence of force majeure factors *** natural disasters *** or due to the occurrence of state behavior *** new policies, the promulgation of new laws and regulations or administrative actions of state organs *** resulting in the contract can not be fulfilled, to any party caused by the loss of the other party is not responsible for the liability. The liability of the third party shall be borne by Party B.
VI. Liability for breach of contract
1. During the period of the contract, no section or department of the Maternal and Child Health Hospital shall be contracted or disguised as contracted to any other organization, unit or individual. Party A shall not use the name of this "maternal and child health center" to open similar institutions. If any violation is regarded as a major breach of contract, the other party has the right to unilaterally terminate this contract and bear the losses caused by the other party.
2. No party shall unilaterally terminate this agreement for reasons other than those stipulated in this contract, and the economic loss caused to the other party shall be borne by the party who proposes to terminate the contract.
3, this contract regardless of the reasons for the termination of the contract period, Party A unilaterally invested in fixed assets, instruments and devices used in the operation of the "Maternal and Child Health Hospital", information, files and archives belong to Party A alone; in addition to this **** including the normal operation of the work required for the work of Party B to the "Maternal and Child Health Hospital". "Maternal and Child Health Center" in the name of all kinds of devices purchased by Party B, etc. *** belong to Party B. "Maternal and child health center" of the fixed assets to both parties to sign the list shall prevail, the cooperation period due to "maternal and child health center" operation and all the debts and liabilities incurred by Party B alone, no relation to the Party.
4. The disposal of assets at the end of the contract shall be in accordance with the agreement of Article 5, paragraph 1 and Article 6, paragraph 3 of this Agreement.
VII. Dispute resolution
If there is a dispute between the two sides, the two sides must be in line with the principle of public service of the public good for friendly consultation, consultation fails to fulfill the contract can be resolved through litigation.
VIII. Matters not covered
This contract is not covered by the two sides can sign a supplemental contract after consultation, the effectiveness of the supplemental contract is equivalent to this contract. *** Attached Zhongning County People *** Minutes of the Special Issues Meeting *** 40th 2009 ****.
IX. Effective time
Zhongning County Health Bureau to supervise the A and B parties to conscientiously standardize the performance of this contract. This contract shall take effect from the date of notarization, and the effective period shall be from the date of notarization in 2009 to the termination of the day before the date of notarization in 2024. The original contract in four copies, A and B and Zhongning County Health Bureau each holds a copy, Zhongning County Notary Office to retain a copy.
Party A *** official seal ***: _________ Party B *** official seal ***: _________
Signature of legal representative ****: _________ Signature of legal representative ****: _________
_________ year ____ month ____ date _________ ____ month ____ day
Model 2
Party A:
Party B:
In order to promote the deepening of the reform and development of public hospitals, to realize the separation of ownership and management of the business model, the implementation of multi-channel medical care, and gradually meet the different levels of health care, rehabilitation services needs, better and better to provide people with Services, the two sides in line with the principle of mutual benefit, the two sides friendly consultation, reached the following agreement, and *** with the letter to abide by.
First, the mode of operation
1, Party A will Gaochun County Maternal and Child Health Hospital fully entrusted to Party B management and provision of existing personnel and some of the devices **** details attached ***.
2, Party B in the state within the scope of the independent operation, the implementation of independent accounting, self-supporting, and bear all the operational risks during the operation and the corresponding legal responsibility.
3, Party B from the date of payment of a quarter of hosting fees automatically have the hospital's management, operation, personnel, financial rights.
Second, the organization
1, Party A appointed the hospital director as the legal representative of the hospital, the secretary, the chairman of the trade union to assist Party B in managing the day-to-day work. Daily work of hospitality, office expenses, etc. by Party B.
2, the hospital administrative seal by the unified management of Party A *** Party A shall not be refused when the reasonable use of Party B ****, other seals managed by Party B, Party A and Party B shall not use the seal to borrow money, loans, or the consequences caused by the responsible party.
Third, the operation period and cost standards
This contract from 2010 months to the end of the month. The payment of the fee is in RMB as the currency unit, RMB per quarter, payable in cash to Party A's Finance Department.
Fourth, the rights and obligations of both parties
*** a ***, Party A
1, Party A is fully responsible for all debts, liabilities and medical disputes, law, etc., before Party B hosting.
2, Party A is obliged to assist Party B to deal with the relationship between the relevant local departments, for the relevant administrative departments of the relevant procedures, the cost borne by Party B.
3, Party A is obliged to handle advertising and publicity approval procedures, the cost borne by Party B.
4. During the contract period, Party A shall not repeat or separately conduct any business related to the use of the hospital's name with a third party.
***Two***, Party B
1, Party B to ensure that the funds invested as well as the legitimacy of its own institutions, and to ensure that the hospital has sufficient working capital.
2, Party B committed to the contract period of Gaochun County Maternal and Child Health Hospital's inputs are mainly used for the hospital's daily operating expenses, turnover and medical equipment and devices.
3. Party B shall not use the reputation of the hospital to carry out any business unrelated to its operation.
4, Party B is solely responsible for the operation of the hospital, financial, personnel, logistics and other daily management.
5, the hospital in the event of medical disputes, medical accidents, Party A is obliged to mediate, and should actively cooperate with Party B. The contract will be terminated after the termination of the contract. After the termination of the contract, the contract period of all the economic responsibility, legal responsibility is still borne by Party B.
6, Party B must ensure that the operation of the hospital unified management, not subcontracting, disguised as subcontracting.
7, Party B invested assets as a medical malpractice risk collateral, without the consent of Party A during the contract period, shall not transfer the invested assets without authorization.
V. Hospital management and supervision
1, the hospital must conscientiously implement the national laws and regulations;
2, the hospital staff must strictly implement the medical system and diagnosis and treatment routines;
3, the management of the hospital's pharmaceuticals should be strictly implemented by the People's Republic of China and the State of "Drug Administration Regulations," the consequences of which Party B is solely responsible for;
4, Party B will be responsible for the medical care of the hospital. /p>
4, the hospital's new diagnostic and treatment technology access must be in line with the provisions of the higher authorities or reported for approval;
5, the hospital must implement the medical fee standards and the implementation of the fee list system.
Six, liability for breach of contract
1, A and B shall fulfill the terms of this contract, such as a party default, the defaulting party shall pay the other party all the resulting economic losses.
2, after the expiration of the contract, the contract is automatically terminated. If Gaochun County Maternal and Child Health Hospital continues to implement the entrusted management re-contract, under the same conditions, Party B has priority.
3, Party B does not pay the fees on time, each day of delay by five ten thousandths of the total amount of fees to be paid to Party A to pay late fees, more than fifteen days do not pay, Party A may unilaterally terminate the contract, while retaining the right to recover from Party B.
Seven, the contract is automatically terminated.
VII. Other Agreements
1. Matters not covered in this contract shall be carried out in accordance with the "Contract Law of the People's Republic of China" and national laws and regulations on health care.
2, the contract period, by both parties to the contract *** with the negotiation to make additional provisions, additional provisions and the contract has the same legal effect.
3, the contract period, in the event of force majeure factors *** natural disasters, war *** resulting in the contract can not be performed, the contract terminates, the two sides are not responsible for each other.
4, the contract fulfillment, such as disputes between the two sides of the contract, should be resolved through consultation, consultation fails, either party can be to the People's Court in the location of the Party to file a lawsuit.
VIII, this contract in six copies, each side of the three copies
IX, this contract shall enter into force upon signature and seal of both parties
Party A **** Official Seal***: _________ Party B **** Official Seal***: _________
Signature of the legal representative ****: _________ Legal representative **** Signature ***: _________
_________ ____ ____ _________ ____ ____ ____
Model 3
Entrusted party *** Party A***:
ID card number:
Address: Zip code:
Phone: Fax: <
Entrusted party *** Party B ***
Address: Zip:
Phone: Fax:
According to the "People's Republic of China *** and the State Contract Law" and other relevant laws and regulations, Party A and Party B in equality, voluntarily, on the basis of consensus, Party A has decided to all of its own Tongcheng Century Plaza store in the commissioning period entrusted to Party B to operate, specific commissioning matters agreed upon. Party B, the specific commissioning matters agreed as follows:
Article I: commissioning site
Shop is located in: *** basic situation to the contract of sale of commercial properties shall prevail ***
Shop floor area: square meters store area: square meters store total price is: ten thousand yuan Purchase Contract No.:
Article II: commissioning mode
Party A agrees that the business is to be operated in the period of the commissioning of the Century Plaza. p>
Party A agrees to entrust Party B with all matters relating to the operation and management of the store during the period of validity of this contract, and agrees that Party B shall engage in all the activities of the operation and management of the store in its own name.
Article 3: Specific entrusted matters
1, Party B can hire domestic and foreign business experts and professional retail real estate management companies to cooperate in the management;
2, Party B has the right to determine and adjust the business scope of the store and the mode of operation;
3, in the premise of guaranteeing the benefits of Party A, Party B independently deal with all internal and external affairs related to the operation of the store. The company has the right to determine the business scope and business mode of the shop.
Article 4: Commissioning period
This contract stipulates that the commissioning period of the shopping center is: years. Starting from the official opening of Party B *** excluding the four-month trial operation period during the investment period *** Starting from the time of the month of January to the end of the month of January.
Article 5: the rights and obligations of both parties
1, Party A in the commissioning period has the right to charge Party B in accordance with the agreed time, the amount of return income from the operation of the store. Both sides agreed: return benefits in money *** RMB *** way to receive and pay. Party B shall pay Party A the return benefit from the operation of the store ***including tax*** once every three months from the commencement date of the entrusted operation period as agreed in this contract ***Year Month*** ***Pay first, rent later*** in the next month and a half as the settlement date. The return benefit of store operation is calculated as follows: annual return benefit of store operation = total house price of store × 7%
2, the return amount of the store and payment period: Party A and Party B agreed to sign the effective "contract for the sale of commercial real estate" by a certain percentage of the actual transaction of the contract amount as a commissioned management period of the amount of the return, i.e., according to the amount of the contract for the purchase of the house of the 7% payment of the annual rent. Store business return benefits then by Party A by itself with this by Party B directly into Party A's account in the mortgage bank or the bank account designated by Party A *** refers to the mortgage has not been done ***.
3, in the commissioning period, Party A agrees that Party B due to the scale of operation and brand efficiency needs to cooperate with a third party business; agree to Party B due to the need for the operation of the store to re-divide, layout. At the end of the commissioning period, Party A and Party B will not continue to maintain the commissioning relationship, Party B undertakes to restore the store to its original state.
4. Party A and Party B agree that all business activities during the commissioning period will be carried out in their own names, and the resulting economic and legal liabilities will be borne by Party B. Party A will not interfere with the business activities of Party B.
5.
5, Party A should actively cooperate with Party B's business management activities, to provide Party B with all the necessary conditions for normal business activities *** should be provided in a timely manner with the certificate of ownership of the house, proof of identity, and must be signed, stamped and other formalities. ***
6, due to the store business management activities arising from the various taxes, Party B according to law for the taxpayer, all taxes borne by Party B; Party A commissioned by the operation of the proceeds of the *** rent income *** and the various taxes arising from the Party A according to law for the taxpayer, Party A to bear.
7, in the commissioning period, the store houses, installations, facilities and normal maintenance of maintenance fees and property management fees, water and electricity, business management fees, advertising and other costs borne by Party B.
8. During the entrusted operation period, the property right of the store belongs to Party A. Party B has no disposition of the shop. Party B has no right to dispose of the store. Party B shall not sell or mortgage the store to violate the behavior of the owner of the store in addition to the normal business activities of the store.
9. At the expiration of the entrusted operation period of this contract, if Party A needs to sell, lease or entrust others to operate, Party B shall have the priority to buy, lease and operate under the same conditions.
10, the store's property insurance, funded by Party A, the beneficiary is Party A.
11, Party B has the right to buy the shop.
11, in the commissioning period, Party A, such as the occurrence of property rights transfer behavior, the transferee of its property rights shall continue to perform the rights and obligations under this contract.
Article 6: Liability for breach of contract
1. If Party B pays Party A the benefit of the business return of the store late, Party A has the right to ask Party B to fulfill the contract. If Party B fails to pay within 5 working days after the due date, Party B shall be charged a late fee of three ten-thousandths of three months of the business return benefit of the store for each day after the due date from the sixth working day onwards.
2. During the execution of this contract, Party A and Party B shall not terminate the fulfillment of this contract in advance. If this contract cannot be performed normally due to the reason of one party, it shall be regarded as a breach of contract, and the breaching party shall compensate for the loss caused to the other party as a result.
Article 7: Force majeure
In case of force majeure or loss or extinction of the store caused by reasons not attributable to Party B, Party B shall explain the situation to Party A in time, and Party B shall not be responsible for repair or compensation. In the event of loss of insured property, the determination of liability shall be based on the results of the insurance company's claim investigation, and compensation shall be made in accordance with the "Insurance Law" and the relevant laws and regulations.
Article 8: Owners Committee, the expiration of the contract agreed
In the formal fulfillment of this contract, Party B, in conjunction with the relevant parties to convene the owners of the shopping mall to set up the owners committee, the contract entrusted to operate three months before the expiration of the subsequent major business decisions and contract renewal by Party B and the Owners Committee to determine the negotiation.
Article IX: Settlement of disputes
Disputes occurring in the fulfillment of this contract shall be resolved through consultation between the two parties, and if the negotiation fails, it shall be resolved in the following manner: to the People's Court.
Article 10: Entry into force, other
This contract is not exhaustive, by both parties to the contract **** with the formation of the written agreement to supplement the consultation, and the matters to the final written agreement shall prevail.
This contract is in six copies, Party A executes two copies, Party B executes two copies, the developer executes two copies, with the same legal effect. This contract shall come into effect on the date of signature by Party A and Party B.
Party A shall execute two copies and Party B shall execute two copies.
Party A *** official seal ***: _________ Party B *** official seal ***: _________
Signed by the legal representative ****Signature***: _________ Signed by the legal representative ****Signature***: _________
_________ Year ____ Month ____ Day _________ year ____ month ____ day
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