How Should The Contract Of Cooperation Be Formulated?
Party A: the first party, the first, the second, the third party.
Party B: the company shall be a member of the company.
In order to realize industrialization of the project in Ji'nan Hi-tech Industrial Development Zone, the two sides shall conclude this Agreement on the principle of equality, voluntariness and compensation according to the relevant laws and regulations of the state and the local authorities.
I. land issues
1. Land location and way of distribution
Party A agrees to enter the Ji'nan export processing zone and realize industrialization.
The project is initially located at an area of about Mu.
Among them, the area will be used alone, the area of the road will be acclaimed, the exact location of the four coordinates and the land area shall be confirmed by the planning and Land Management Department of the first party.
Party A shall provide the state owned land use right to Party B with paid pfer.
2, land prices
In order to reflect the support for this project, Party A initially determined that the right to use the land needed for the project should be sold to Party B at a preferential price of 10000 yuan / mu. The total amount of the pfer is RMB 10000 yuan.
The difference between the cost and the value of the land expropriation is 10000 yuan, which is supported by the same amount in the tax revenue section of the high tech Development Zone.
3. Payment method
The land development and Management Department of the high tech Industrial Development Zone shall sign a contract for the assignment of the right to the use of the land with Party B.
Within fifteen days after the signing of the contract, Party B shall pay Party A a one-time payment of the right to the use of the land.
After receiving all the land use rights pfer fees, Party A will complete the relevant procedures of the state land use permit as soon as possible, in accordance with the relevant regulations of the state.
Two. Engineering construction
1. Working conditions
(1) in accordance with the requirements of Party B's construction plan, Party A promises to ensure that the land in this period has the capital construction conditions of water supply, sewage, rainwater, heat, broadband network, public antenna, electricity, communication, access and field, that is, "nine links and one leveling", so as to ensure the smooth entry of Party B.
Otherwise, Party B will bear the economic losses caused to Party B.
(2) Party A actively assists Party B in handling construction procedures.
Party B is responsible for paying the relevant fees according to the prescribed time and quota.
2. Project progress
Party B must enter the public building before the end of the year, and invest funds strictly in accordance with the construction progress plan to ensure the progress of construction.
3 completion time
Party B must be completed before the end of the year. When the time limit for completion of the contract is completed, Party A shall submit the extension instruction to Party A within thirty days prior to the original completion date.
Three, liability for breach of contract
1, if Party B fails to pay the land pfer fee and other payable in time according to the contract for the assignment of the right to the use of land, the late fee shall be paid at the rate of 0.5 per cent of the fee payable from the date of overdue payment.
After 90 days' overdue payment, Party A has the right to terminate the agreement and claim compensation for breach of contract.
2. If Party B fails to establish the land use right after the acquisition of land use right, it shall pay 5% of the land premium paid.
Penalty for breach of contract
After two years of not investing in construction, Party A shall have the right to recover the right to use the land in accordance with the relevant provisions of the state.
3, if Party A delays the occupation of land use rights due to Party A's reasons, Party A shall compensate Party B's liquidated damages of 5% of the land pfer fee.
4, in order to avoid state ownership
erosion of property
We guarantee that Party A's compensation for this project will be compensated within a certain time.
Five years from the formal commissioning of the project, the tax paid by the tax authorities to the tax authorities of the hi tech Zone is less than 50% times the amount of the corresponding tax (tax rebate or foreign exchange Award) that the party has already submitted to Party A.
That is: the specific amount of a tax specified in Party B's project report is x 50% = the actual amount paid by Party B in that year.
Four, others
1, if there is any dispute in the performance of this agreement, the two sides can negotiate to resolve it. If the negotiations fail, the parties agree to apply for arbitration to the Ji'nan Arbitration Commission, and if no written arbitration agreement is reached, they may bring a suit in the people's court.
2, if any party fails to perform the obligations stipulated in the relevant provisions of this agreement due to force majeure and no delay caused by its own fault, it will not constitute a breach of contract, but the party must take all necessary remedial measures to reduce the loss.
And within thirty days of the occurrence of force majeure, it shall submit to the other party a report on the reasons for the failure to perform or partially fail to perform the agreement. At the same time, the force majeure proof issued by the relevant department shall be provided.
3, Ben
Agreement
One copy is held by each party.
The agreement shall have the same legal effect, and shall be signed and sealed by the legal representatives (or principal agents) of Party A and Party B.
4, this agreement was signed in Ji'nan, Shandong, People's Republic of China on the date of the month.
5. The validity period of this agreement is from the date of January to the end of the year.
6. Matters not covered by this Agreement may be agreed upon by the two parties as an appendix to this Agreement and have the same legal effect as this agreement.
Party A: (Chapter)
The legal representative (principal agent):
The domicile of legal person:
Postal Code:
Telephone number?
Party B: (Chapter)
The legal representative (principal agent):
The domicile of legal person:
Postal Code:
Telephone number?
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