惠州商盾 律师事务所
擅长：医疗纠纷,刑事案件,合同纠纷,劳资纠纷,行政纠纷。
This Contract (the "Contract") is made and entered into as of [Date], by and between [Company Name], a company organized and existing under the laws of [Country] ("Company"), with its principal place of business located at [Company Address], and [Counterparty Name], a company organized and existing under the laws of [Country] ("Counterparty"), with its principal place of business located at [Counterparty Address].
RECITALS
WHEREAS, Company is engaged in the business of [briefly describe Company's business];
WHEREAS, Counterparty is engaged in the business of [briefly describe Counterparty's business];
WHEREAS, the parties hereto desire to enter into a business relationship for the purpose of [describe the purpose of the Contract];
NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties hereto agree as follows:
1. Definitions
For the purposes of this Contract, the following terms shall have the meanings set forth below:
a. "Effective Date" means the date on which this Contract is executed by both parties.
b. "Term" means the period commencing on the Effective Date and continuing for a period of [number] years, unless terminated earlier in accordance with the provisions of this Contract.
c. "Products" means the products to be provided by Company to Counterparty under this Contract, as more particularly described in Exhibit A attached hereto.
d. "Services" means the services to be provided by Company to Counterparty under this Contract, as more particularly described in Exhibit B attached hereto.
2. Products and Services
a. Company agrees to sell and deliver to Counterparty, and Counterparty agrees to buy and accept from Company, the Products and Services in accordance with the terms and conditions of this Contract.
b. The Products and Services shall be provided by Company in accordance with the specifications, quality standards, and delivery schedules set forth in Exhibit A and Exhibit B, respectively.
c. Counterparty shall make payment for the Products and Services in accordance with the payment terms set forth in Exhibit C attached hereto.
3. Prices and Payment Terms
a. The prices for the Products and Services shall be as set forth in Exhibit C attached hereto. Company reserves the right to adjust the prices from time to time, upon written notice to Counterparty.
b. Counterparty shall make payment for the Products and Services in accordance with the payment terms set forth in Exhibit C. All payments shall be made in [currency], and shall be deemed to have been made when received by Company.
c. Counterparty shall be responsible for all taxes, duties, and other charges imposed by any governmental authority in connection with the sale, delivery, or use of the Products and Services.
4. Intellectual Property Rights
a. Company retains all right, title, and interest in and to its intellectual property rights, including, without limitation, all patents, copyrights, trademarks, trade secrets, and other proprietary rights associated with the Products and Services.
b. Counterparty acknowledges that the Products and Services are proprietary to Company and agrees not to copy, duplicate, or disclose any confidential or proprietary information relating to the Products and Services without the prior written consent of Company.
5. Confidentiality
a. Each party agrees to maintain the confidentiality of all confidential information disclosed to it by the other party, and to use such confidential information solely for the purpose of performing its obligations under this Contract.
b. The confidentiality obligations set forth in this Section 5 shall survive the termination or expiration of this Contract for a period of [number] years.
6. Term and Termination
a. This Contract shall be effective as of the Effective Date and shall continue in effect for the Term, unless terminated earlier in accordance with the provisions of this Contract.
b. Either party may terminate this Contract upon [number] days' prior written notice to the other party if the other party breaches any material term or condition of this Contract and fails to cure such breach within such [number] day period.
c. Upon termination or expiration of this Contract, Counterparty shall promptly pay Company all amounts due and owing under this Contract.
7. Governing Law and Dispute Resolution
a. This Contract shall be governed by and construed in accordance with the laws of [Country], without regard to its conflict of laws principles.
b. Any disputes arising out of or in connection with this Contract shall be resolved by arbitration in accordance with the rules of the [Arbitration Association], and the decision of the arbitrator(s) shall be final and binding upon the parties.
IN WITNESS WHEREOF, the parties hereto have executed this Contract as of the Effective Date first above written.
[Company Name]
By: ______________________
Name: [Printed Name]
Title: [Title]
[Counterparty Name]
By: ______________________
Name: [Printed Name]
Title: [Title]