In the real world, the frequency of the use of the agreement is on the rise, the agreement has the legal effect of establishing a certain legal relationship. Then the relevant agreement in the end how to write it? The following is my carefully organized research and development agreement letter 5, welcome to read, I hope you can like.
R & D Agreement Part 1(blue font in the text will be downloaded after the risk of tips)
Contract No.:
The contract was signed in:
Party A:
Legal representative:
Party B:
Whereas Party B is employed by or serves Party A, in the course of the employment or service period Party B has the opportunity to obtain trade secrets from Party A, the opportunity to utilize Party A's material and technical information for creative work, and the opportunity to acquire and enhance knowledge, experience, and skills.
I. Competitive Business
It means the business that Party A or its affiliates are engaged in or plan to engage in, and other business that is the same, similar or competitive with the business operated by Party A or its affiliates.
II. Competitive Areas
The geographic area in which the Party or its Affiliates are engaged in or plan to engage in their respective businesses.
III. Party A's Obligations and Economic Compensation Payment
Starting from the day after the expiration of the contractual performance period as agreed in the labor contract between the two parties or the day after the separation from service, Party A shall pay Party B a certain amount of compensation fee for the non-competition restriction in accordance with the non-competition restriction period. The amount of the annual economic compensation fee shall be ____% of the salary income of Party B in the year before Party B leaves Party A's organization; if it is less than one year, the compensation fee shall be calculated according to the average monthly salary. The compensation fee shall be paid quarterly and paid by Party A through bank to the bank card designated by Party B. If Party B refuses to receive the compensation fee, Party A shall pay the compensation fee to Party B through bank. If Party B refuses to receive it, Party A may withdraw the compensation fee to the relevant parties.
4. Obligations of Party B
Party B shall not, during the period of working in Party A and within the year of leaving ____:
1. set up, engage in, participate in, or operate any entity business which is competitive with Party A or the related parties;
2. hold any post or position or operate any business with any third party (no matter whether or not it has competitive business with Party A) in any manner whatsoever. (whether or not in a competing business with us) in any position or interest, any of which positions include, but are not limited to, employees, directors, supervisors, managers, partners, officers, consultants, investors or agents, shareholders, etc.;
3. To induce, lobby or approach, or to attempt to induce, lobby or approach, any other employee of Party A or its Affiliates to terminate his/her labor relationship with Party A or such Affiliates.
V. Remedies for breach of contract
1. If an employee violates this Agreement, the Company will stop paying the non-compete compensation and has the right to request the employee to correct the violation.
2, the non-compete obligations of the employee in violation of this agreement, should be a one-time payment of liquidated damages to the company. If the liquidated damages are not enough to make up for the actual loss of the company, the company also has the right to require the employee in accordance with the actual loss of the company's liability.
Six, other
The agreement by the legal representative of the two sides or authorized representative of the signature and stamped with the official seal to take effect. This agreement in duplicate, has the same legal effect, A and B each sign a copy.
Party A:
Monthly
Party B:
Monthly
Research and Development Agreement Part 2Party A:
Party B:
Party A and the Designer in the discussion of matters relating to the contract on the project design, in view of the Designer in the service of the Party in the period of the Party A to obtain from the Party A trade secrets and technical secrets opportunities; The Designer understands that the disclosure of Party A's trade secrets and technical secrets will cause damage to Party A. In order to protect Party A's trade secrets, technical secrets and the long-term interests of the three parties, A and B based on mutual trust, the two sides voluntarily entered into a confidentiality agreement, *** with the two sides to conserve their secrets, to maintain a fair relationship of cooperation between the two sides. The specific contents are as follows:
Article 1: Confidentiality content and scope
1. The confidential information referred to in this agreement refers to the design party and the design party's personnel in the design party before the effective date of the agreement and after the effective date of the agreement in any way to contact or know of any of the party's information, as well as the third party but party to assume the obligation of confidentiality of the technical and other commercial secrets. other trade secrets. Including, but not limited to:
(1) the content of the design developed by the Designer during the contract period, including technology, engineering design, product design drawings and their descriptions;
(2) Party A's existing development and technological secrets and design and development programs;
(3) Party A's all process and technical information, drawings and all financial information and data;
(4) Party A's business strategy, planning, and other commercial secrets that have not yet been put into practice. (4) Party A's business strategies, plans and production and operation data which have not yet been put into practice;
(5) Party A's sales programs, plans and customer information;
(6) Party A's purchasing plans and suppliers' information;
(7) Party A's provision of business, operation, investment, personnel and financial information (including, but not limited to, information relating to products, technology, trade secrets, strategy and future development, engineering, production, marketing, pricing, after-sales service, financing, assets, corporate structure and management, and other information);
(8) the contents of conversations and discussions between us and the Designer in relation to the products, technology, finances, investment, personnel and operation;
(9) any business or transaction between us and the Designer, any contract of business cooperation or service between the two parties. (9) Any contract of cooperation or service between us and the Designer.
2. The forms of access to the above Confidential Information include, but are not limited to:
(1) handwritten, printed, floppy disk, film, e-mail and other accessible means, or orally;
(2) the Designer and the Designer's personnel in the process of the cooperation between the two parties through observation, testing, experience, analysis and other ways to know.
Article 2: Non-confidential Information
Confidential information under this Agreement does not include the following information, records, documents, or materials:
1. Information that has been made public and is not a result of the disclosure by the Designer and the Designer's personnel;
2. Information that has been made public with the Designer's prior written consent;
3. Information that has been made public by the Designer and the Designer's personnel;
4. Information that has been provided to the Designer in the course of the cooperation between the Designer and the Designer. p>
3. the Confidential Information has been obtained by the Designer through lawful channels prior to its disclosure by us to the Designer and the Designer has reasonable grounds to believe that the Confidential Information is not subject to any obligation of confidentiality or requirement to disclose it to any third party.
Article 3: Duty of Confidentiality
1. The Designer is bound by this Agreement to use the Confidential Information for the purpose of the Construction Project and for no other purpose.
2. The Designer and any necessary third party appointed by the Designer shall not disclose, directly or indirectly, part or all of the Confidential Information to unrelated third parties. The Designer shall sign a confidentiality agreement with the Designer's personnel and necessary third parties appointed by the Designer who are aware of our Confidential Information to ensure that such personnel are subject to the same confidentiality obligations as the Designer.
3. The Designer shall be responsible for the confidentiality of the technical information and materials related to the Work obtained from us or other sources other than us, and shall not provide them to any third party, including the Designer's affiliates, subsidiaries, or commissioned consultants, or recipients of consulting services, without our consent;
4. The Designer, in order to assume the responsibility for confidentiality as stipulated in the Agreement, shall keep the relevant documents and information in a safe place, and shall not provide them without our prior consent. The Designer shall, in order to bear the responsibility of confidentiality under this Agreement, keep the relevant documents and information properly, and shall not copy, imitate, etc. without the prior written permission of the Party;
5. Works containing commercial or technical secrets of the Party, such as the Designer and the Designer's personnel to publish thesis, appraisal of titles, etc., need to be approved by the Party in writing in advance;
6. In the confidentiality period agreed in the Agreement, the Designer, if the disclosure of the relevant confidential information is detected, shall promptly notify the Party and take active measures to protect the confidentiality of the information. If the Designer finds that the confidential information has been disclosed during the confidentiality period of this Agreement, the Designer shall promptly notify Party A and take active measures to avoid the expansion of losses.
7. If we agree in writing that the Designer will disclose the Confidential Information to a specific representative, the Designer shall enter into a written agreement with the representative to bind him or her to the same terms and conditions as in this Agreement.
8. If the Designer is required by law or by any relevant regulatory body to make a disclosure of Confidential Information, or of any opinion, judgment or inference drawn from Confidential Information, the Designer shall notify us immediately so that we can take the necessary protective measures.
9. The Designer shall disclose Confidential Information only to the extent necessary to comply with mandatory provisions of laws and regulations or mandatory requirements of any relevant regulatory body. However, in disclosing such Confidential Information, the Designer shall endeavor to ensure that the Confidential Information disclosed is kept confidential by the relevant authorities.
10. In the event of termination of the cooperation between the Parties, the Designer shall, if requested by us, immediately return to us all information relating to us in the possession of the Designer or any of the Designer's representatives, including all copies, reproductions, summaries, analyses, abstracts, or other documents or records based on, derived from, or reflecting the contents of the information in question, and permanently destroy any copies or duplicates stored on electronic, magnetic or optical carriers.
11. The Designer shall not publicize in any way that it has designed the Project for us in order to prevent competitors from learning our technical secrets through the design.
12. The designer will not design similar projects for clients other than us.
13. In addition to the Designer's right to make reasonable use of the Confidential Information for the purpose of cooperation between the two parties, this Non-Disclosure Agreement does not give the Designer any express or implied license or other right to use our Confidential Information.
Article 4: Period of Confidentiality
Unless Party A's Confidential Information has been lawfully disclosed, Designer shall assume the obligation of confidentiality in accordance with Article 3 of this Agreement, and the obligation of confidentiality assumed by Designer hereunder shall not be waived by the rescission or termination of this Agreement.
Article 5: Liability for Breach of Contract
1. The Designer agrees to indemnify and hold harmless us from and against all damages, losses, costs (including reasonable attorneys' fees and costs of enforcing the Supplement) or liabilities arising out of the following:
(1) Use of Confidential Information without authorization by the Designer within two years of becoming aware of such Confidential Information. (1) unauthorized use of the Confidential Information within two years of Designer's knowledge of the Confidential Information;
(2) unauthorized disclosure of the Confidential Information within two years of Designer's knowledge of the Confidential Information;
(3) breach by Designer of the provisions of this Agreement.
Research and Development Agreement Part 3Party A: (Employer) ___________________________________
Legal representative or principal person in charge: ___________________________
Party B: (Laborer) _____________________________________
ID card number: _______________________________________
Regular residence and zip code: _________________________________
Telephone number: _________________________________________
According to the Law of the People's Republic of China Against Unfair Competition and the relevant regulations of the Company, the two parties shall, on the basis of the principle of equality and voluntariness, consensus and honesty and trust
(A) confidential content
1, Party A's trading secrets, including but not limited to commodity production, supply, sales channels, customer orders, intention to buy and sell, the price of the transaction or negotiation, commodity performance, quality, quantity, delivery date;
The company has been in the process of developing a new product, which will be used in the market for the first time. Date;
2. Party A's business secrets, including but not limited to business policy, investment decision-making intentions, product and service pricing, market analysis, advertising strategy;
3. Party A's management secrets, including but not limited to financial information, personnel information, wages and salaries, logistics information;
4. Party A's technical secrets, including but not limited to product design, product drawings, production machinery, operating guidelines, and other information. Drawings, production machinery, operating guidelines, engineering design drawings, manufacturing process, manufacturing technology, computer programs, technical data, patented technology, scientific research results.
(b) the scope of confidentiality
1, Party B in the labor contract period before the scientific research results held by Party B and technical secrets, agreed by both parties Party B agreed to be applied by Party A and production;
2, Party B in the labor contract period of the invention of the job, the work, scientific research results and patented technology;
3, Party B in the labor contract period before Party A has trade secrets;
4, Party B in the labor contract period of Party A has trade secrets.
(C) the rights and obligations of both parties
1, Party A to provide normal working conditions for Party B's job invention, scientific research results to provide good conditions for the application and production, and according to the creation of the economic benefits of the rewards given;
2, Party B must be engaged in the requirements of Party A's business, production projects and research and development projects. Research and development, and production, business, research and development results, information to Party A, Party A has the right of ownership and disposal;
3, without the written consent of Party A, Party B shall not use Party A's trade secrets for the research and development of new products and writing papers to third parties;
4, the two sides to terminate or terminate the labor contract, Party B shall not be disclosed to a third party Party owned by Party A's publicly unknown Commercial secrets;
5, Party B must strictly abide by Party A's confidentiality system, to prevent the leakage of Party A's commercial secrets;
6, the two sides agreed to the non-competition period 'after the termination of the labor contract or termination of the non-competition period Party B shall not get the production of the same kind of production or operation of the same kind of business and have a competitiveness of other units, and shall not be produced and Party A have a competitiveness of the same kind of products or operation of the same kind of business. The same kind of products or business;
7, in the labor contract period, Party B arranged for Party B to work in confidential positions, and give Party B confidentiality allowance; after the termination of the labor contract, in the non-competition period, Party B shall continue to pay Party B confidentiality allowance.
(d) confidentiality period
1, the labor contract period;
2, Party A's patented technology is not known to the public period;
(e) declassification period
1, due to the fulfillment of the labor contract agreed conditions have changed, party B Requirements for the termination of the labor contract must be in writing in advance ____ months notice to Party A, in advance of the period of declassification period, Party A to take measures to declassify, arrangements for Party B out of the classified positions; Party B should be complete to do the handover of secret information;
2, the termination of the labor contract is not intended to be renewed by the two sides, the proposed party must be in writing in advance of the other party to notify the other ___ months in advance, in advance of the period of declassification period, by Party A to take measures to declassify Term, by the Party to take measures to remove confidentiality, arrangements for Party B out of confidential positions; Party B should accept the Party's work arrangements and complete the handover of confidential information;
The termination of the labor contract or the termination of the expiration of the term, Party B must abide by the Agreement, not to the detriment of the interests of the Party.
(F) confidentiality allowance
1, in the labor contract period, Party B to keep trade secrets to confidentiality allowances, Party B to pay Party B monthly confidentiality allowance of ____ yuan / month;
2, the termination of the labor contract or termination of the termination of the period of time in the non-competition period, by the agreement of Party A and B the non-competition period of time is ____ years;
2, the termination of labor contract or termination of the period of time in the competition, by the agreement of the two sides to stop ____ years;
3. During the term of the labor contract, the confidentiality allowance shall be paid at the same time with the salary on ____ every month;
4. After the termination of the labor contract, the confidentiality allowance shall be paid on ____ every month to Party B punctually during the period of the non-competition restriction;
If Party B is transferred to non-confidential post, Party A stops paying Party B the confidentiality allowance.
(VII) responsibility for breach of contract
1, in the labor contract period, Party B violates this agreement, although not causing Party A economic loss, but to the normal production and business activities of Party A bring trouble, Party A has the right to transfer Party B out of classified positions, the suspension of the confidentiality allowance, and be administrative sanctions;
2, in the labor contract period, the violation of this agreement, caused by Party B, the confidentiality allowance is paid to Party B on time each month ;
Party B is entitled to transfer Party B to non-confidential positions, and to stop paying confidentiality allowance. Causing significant economic losses to Party A, Party A to be removed from the administrative penalty, to recover all confidentiality allowance; and additional compensation for economic losses, constituting a crime, appeal to the local people's court, according to law to investigate Party B criminal responsibility.
(H) dispute clause
A, the parties to the implementation of this agreement for the two sides of the dispute and breach of responsibility for the implementation of more than the laws, regulations, the two sides of the authority given to the party to the location of the labor arbitration institution to apply for arbitration or to the people's court proceedings.
(IX) other
This Agreement in duplicate, A, B and each party to sign a copy of the date of signature (seal) by A, B and take effect.
Party A (official seal): __________________ legal representative (signature): ____________
________ ______ month ______ day
I have carefully read this agreement, fully understand the contents of the agreement, and am willing to comply with this agreement.
Party B (signature): _______________________ ______ month ______ day
R & D Agreement Part 4Party A: Party B:
In order to strengthen the business and technical cooperation between Party A and Party B, make full use of the medical resources of the two sides, complement each other's strengths, and resource **** enjoyment, and provide the general public with Quality, convenient, efficient, safe health checkup services and post-examination services, after friendly consultation, A and B in the spirit of honesty and trustworthiness, the principle of mutual benefit, the establishment of medical technology collaboration, has signed the following agreement.
1, Party A utilizes its own medical technology advantages and management advantages to help Party B improve its health examination technology and health management level.
2, Party B in the door hanging "** downtown hospital medical technology collaboration unit" plaque.
3. Party A shall, at the invitation of Party B, arrange for specialized personnel to conduct business training, on-site guidance, and assist Party B in perfecting the medical examination process, medical examination quality control and other management systems, and improve the management level and technical level.
4, combined with the actual needs of Party B, Party A has a plan, phased in batches, free of charge to receive Party B's medical staff training, business consulting, free of charge to receive Party B's medical staff to participate in the Party organized by the continuing medical education activities.
5, by appointment, Party A sends experts above deputy high to Party B to carry out post-examination consulting services.
6, Party B is limited to the functional positioning and medical conditions and can not carry out the examination program, fixed-point guidelines for medical examination personnel to Party A examination. Party B referred to the need for CT, magnetic **** vibration, gastroscopy, colonoscopy, dual-energy X-ray bone densitometer and other checkups for patients with priority arrangements for examination.
7, the physical examination of the positive results of the patients, Party B to guide the patients to Party A for further diagnosis and treatment. Party A will facilitate the patients referred by Party B and give priority to the hospitalization of patients who need hospitalization.
8, Party A recognizes and accepts Party B's examination results, for Party B's examination to the corresponding department of Party A for further
treatment of patients, Party B has been examined in principle, the project will not repeat the examination.
9, in the process of preventive vaccination of entry and exit personnel, in case of anaphylaxis and other emergency situations, immediately contact with the Party's emergency center, the Party's emergency center to help provide medical treatment.
10, Party A's physical examination center in the physical examination capacity saturation, you can use Party B's physical examination site, technical force, priority cooperation with Party B to carry out physical examination business.
11, Party A to Party B's normal title of medical staff to guide the promotion to help.
12, in Party A's retired medical personnel voluntarily practicing in Party B, or multi-point registration, Party A agreed to change the place of practice or multi-point registration.
13, according to the needs and possibilities, Party A gives priority to scientific research cooperation with Party B to promote appropriate medical technology.
14, this agreement in duplicate, Party A and Party B each sign a copy, signed and sealed by the person in charge of Party A and Party B to take effect. This agreement is not exhaustive, by the two sides to solve the problem.
Signature of the representative of Party A: Signature of the representative of Party B:
Unit official seal: Unit official seal:
Year month day year month day
Rectification
1, the establishment of a separate stomatology department, the equipment has been put in place, stomatology physician Xiangtuzhang is currently in the registration.
2, there are eight nurses, two of which are in the registration, the difference between the two will be gradually recruited according to the business situation.
3, has set up a psychological assessment, nutritional assessment.
4, physical examination optional items in the chest CT, gastroscopy, dual-energy X-ray bone densitometer, has been negotiated with the downtown hospital medical equipment resources **** enjoyment agreement.
5 In order to better provide physical examination services, the purchase of C13 breath detector (Helicobacter pylori test), lung function meter, hearing detector, ultrasound bone densitometer, atherosclerosis detector, transcranial Doppler instrument and other equipment.
Research and Development Agreement Part 5Party A:
Party B:
In view of:
Party A and Party B in the fulfillment of the "xxx" project development process, Party A will disclose its confidential information (including Party A's internal data) to Party B, as well as the two sides in the course of the cooperation of Party B has been or will be aware of Party A's confidential information, for the purpose of clarifying the confidentiality of the obligations of Party A and Party B. In order to clarify the confidentiality obligations of Party A and Party B, and to protect Party A's commercial secrets from infringement, the following agreement is reached by consensus:
Article 1: Scope of Confidential Information
1. Confidential information refers to the information provided by Party A to Party B through textual, electronic, or digital means or media, and is clearly labeled with "Confidentiality" at the time of providing it, as well as information which has not been labeled with "Confidentiality" but has not been disclosed. "Confidential" but belongs to Party A's production and operation data, statements, drawings, reports and technical information. Information that is communicated orally and deemed to be confidential at the time of communication shall be deemed to be confidential. Confidentiality of Party A's related business and technical information that requires confidentiality.
Confidential information also includes the development of the project in the formation of the two sides **** have technology, property rights, software results, research ideas. Confidential information includes, but is not limited to:
(1) all data in the database;
(2) the identity of customers or potential customers and other relevant information, customer contact information and customer sales strategy;
(3) the results of market research, market penetration data, and other market information;
(4) sales and marketing plans, plans and strategies;
(4) sales and marketing plans, plans and strategies;
(5) the results of market research, market penetration data, and other market information.
(5) sales, cost and other financial data;
(6) business secrets, technical secrets, designs and proprietary business and technical information, methods, experiences, procedures, and steps relating to the products covered by this Agreement and their program designs, source code, etc.
(7) sources of supply of products, parts and services;
(8) any other secret processes, formulas or methods;
(9) the project research and development of the formation of both parties **** have technology, property rights, software results, research ideas before the declaration of results.
2. Confidential information does not include the following information:
(1) information that Party A has made public, but does not include unauthorized disclosure by Party A and Party B or their representatives in violation of the provisions of this Agreement;
(2) information that Party B has developed independently and has not violated any laws, regulations or any of the rights of Party B, and that is in accordance with the terms of this Agreement. (2) information which you have independently developed and which does not violate any law or regulation or any of our rights and which was independently developed before you became aware of it from us in accordance with the terms of this Agreement;
(3) information which was already in your possession before you became aware of it from us in accordance with the terms of this Agreement and which, to the best of your knowledge, does not subject you to any binding duty of confidentiality;
(4) information which becomes publicly known after the date of the parties' signing of this Agreement through no fault of your own;
(5) information obtained by you from a third party without breaching any of your obligations to us.Article 2 Use of Confidential Information
1. Party B shall keep all Confidential Information in the strictest confidence and shall not use such Confidential Information except for the purpose of promoting the development of new products of the Software, or for the purposes permitted by this Agreement. In fulfilling the above obligations, Party B shall take measures no less stringent than those used to protect its own confidential information, and shall oblige each of its directors, officers, employees or agents who may have access to the confidential information to enter into a confidentiality agreement on the confidentiality of the contents of this Agreement, which shall be as stringent as the terms set forth in this Agreement.
2, unless the prior written consent of Party A, Party B shall not copy, publish or disclose any confidential information to third parties.
3, if the court of competent jurisdiction or government authorities require you to disclose confidential information, you should notify us in advance, so that we can check the confidential information to be disclosed.
4. This Agreement shall remain in full force and effect for 2 years after termination. After the expiration of Party B, if you need to disclose confidential information, must be agreed in writing by Party A in advance.
Article 3: Ownership of Confidential Information
No provision of this Agreement shall be deemed to grant Party B any exclusive right, right of transfer or ownership of any confidential information. The software products and intellectual property rights formed by the project research and development belong to both parties***.
Article 4 Return of Documents
If both parties agree to terminate the cooperation of "xxx" project, Party B shall return all Confidential Information and all copies thereof to Party A within 10 days after both parties agree to terminate the cooperation (no matter whether they are stored, preserved, or recorded on computer disks, CD-ROM readers, CD-ROMs, hard disks, or software, or on paper carriers); if it is impracticable for Party B to return the aforesaid Confidential Information and all copies thereof, then Party B shall not be required to return such Confidential Information or all copies thereof. If it is not practicable for you to return such Confidential Information and all copies thereof, then such party shall destroy it or delete or erase it from a computer or other electronic system.
Article 5 Liability for Breach of Contract
Party B shall indemnify Party A for all actual damages, including but not limited to legal costs, arising from the above breach of contract if Party B breaches its obligations under this Agreement.
Article 6 Other Agreements
1. Party B's obligations under this Agreement shall be binding on its legal successors and licensees.
2. This Agreement shall be governed by and interpreted in accordance with the laws of the People's Republic of China. The parties irrevocably submit to the jurisdiction of the courts of the People's Republic of China*** and the State of China with respect to any matters and disputes, actions or proceedings arising out of or relating to this Agreement or the rights and obligations of the parties hereto.
3. Any modification of this Agreement shall be null and void unless in writing by both parties.
4, this agreement is valid for -.
5, this agreement in four copies, each party holds two copies, each copy has the same legal effect.
6, this agreement is effective on the date of signature and seal.
Party A: (seal)
Responsible person: (Signature)
Month and year
Party B: (seal)
Legal representative / proxy: (Signature)
Month and year