AGREEMENT OF PROJECT CONSULTANCY For the project of 项目名称 Between represented by 当事方为： hereinafter referred to as PARTY A A有限公司（以下简称甲方） And 及 hereinafter referred to as Party B B 有限公司（以下简称乙方） 1. Terms of theAGREEMENT OF PROJECT CONSULTANCY
For the project of 项目名称
Between represented by 当事方为：
hereinafter referred to as PARTY A A有限公司（以下简称甲方）
hereinafter referred to as Party B B 有限公司（以下简称乙方）
1. Terms of the contract 合同条款
PARTY A authorizes Party Bto implement the consultancy to the preliminary design concept of project, and to assist PARTY A in completing preliminary design drawings.
2. Project stages 项目阶段
The project shall be carried out in cooperation and in close guidance by The general consulting plan shall be provided before the design starts, a detailed plan shall be sent to PARTY A after each biding conference or press release meeting as follows: An idea explanation presentation shall be showed within 7 days after the tender starting date. A draft design drawing shall be submitted within 7 days after the first presentation meeting between PARTY A and Party B. Following the meeting of draft design drawing, a number of amendments requested by PARTY A shall be carried out. The final presentation of the preliminary design shall be submitted within 3 days before the bidding deadline to assist PARTY A in completing the tendering documents.
3. Term of validity 合同效力期限
The consultancy contract shall apply from to .
此项目顾问合同适用于 至 。
4. Force Majeure 不可抗力
“Force Majeure” under the contract means the external circumstances that can not be foreseen, avoided and surmounted in the process of fulfilment of the contract, the incidents of which makes either party fails to fulfill the obligations under the contract, such as wars, riots, government behaviors, earthquake, fire, storms, floods or other severe weathers.
The period required to complete the obligations shall be extended accordingly due to the affect of the force majeure, the extension shall be the same as the period of time affected by the force majeure or the period of time is agreed upon both parties.
5. Intellectual Property Rights and confidentiality 知识产权与保密
PARTY B shall ensure that the results of his design are not with any flaw to any right and none of the rights of third parties is impinged, and shall ensure that PARTY A is not claimed by any third party for using PARTY B's design results to be against the intellectual property rights. Should the case above occur, PARTY B shall be responsible for disposing and assuming all legal liabilities arise therefrom.
All texts, graphics, charts, data and other documents described about this project are the properties belonging to PARTY A. PARTY B shall not disclose any information of this project to any third party without authorization, shall not use any of the documents and information above in any other project, otherwise, all resulting legal liabilities shall be assumed by PARTY B.
The copyright (except authorship) of the design results in this project is belonging to PARTY A PARTY B shall not use the design results under this project on the irrelated intentions and purposes to the project, shall not authorize any third party or disclose any content of the design results. PARTY A may inform PARTY B before using the design results submitted by PARTY Bon other occasions besides this project, PARTY B shall not have any right to reject the foregoing acts.
All technologies, laws and financial information relating to this contract are trade secrets, shall not be disclosed to the third parties listed out of the contract without the consent of all parties under the contract, otherwise, the telltale party shall be liable to assume 10% of the total contract price for breach of the contract to the other party. Should the compensation not be sufficient for the actual losses, the amount of the compensation shall be increased in accordance with the actual losses.
The terms of intellectual property and the duty of confidentiality shall not be invalidated by the completion of the execution, change, termination and inefficacy of the contract.
6. Payment 费用支付
Payments shall be made as follows: 款项支付情况如下：
The budget of RMB 430,000 is payable in three installments. The first installment shall be 30% of the budget (RMB 129,000), the second installment shall be 30% of the budget (RMB 129,000), the third installment shall be 40% of the budget (RMB 172,000). Payments shall be made to the account of PARTY B Design B.V..
7. Scope of service 服务范围
PARTY B shall provide the individual services described during the specified time period. The decision as to the priority of the individual measures shall be taken by mutual consent of parties hereto. The individual services are as follows:
PARTY B assists PARTY A to complete the design concept for Shanghai Nature History Museum (subbranch of Shanghai Science and Technology Museum) project based on a high international standard.
PARTY B offers individual consultancy services to PARTY A in different phases of the project and direct PARTY A to a way of which a proper design result could come out. Experienced and qualified experts shall be transferred to PARTY A during the design period as required.
PARTY B is in charge of all the presentations designed for Nature History Museum. PARTY B shall ensure the quality of the presentation with PARTY A’s advices.
PARTY B shall assist PARTY A in design drawing details if necessary.
8. Provision of third party services 第三方服务条款
Where services are provided by third parties (e.g. printing, etc.), PARTY B shall monitor production and guarantee that the service is performed competently. Payment for this service is covered by the overall budget.
9. Liability and acceptance 责任与验收
PARTY A nominates , with the email address as the authorized contact person who may approve content for design or authorize a representative to carry out this duty.
甲方指派 先生作为联系代表，电子信箱为 ，联系代表有权批准服务内容或授权另一代表执行此职责。
10. Concluding provisions 最终条款
Amsterdam shall be the place of performance. Should individual provisions of this contract be invalid, this shall not affect the validity of the other provisions. An effective provision which most closely reflects the commercial purpose of the parties must be agreed upon in place of the invalid provisions. This Agreement is made in both Chinese and English; in the event of any divergence between the two versions, Chinese version shall prevail.