【正文】 FFILIATES or under which BASELL or BASELL’s AFFILIATES have the right to grant licenses and immunities to others without reporting therefore to any third party。 and/or (iv) any major changes of properties of a CONTRACT PRODUCT resulting into new applications.XV. “JOB SITE” shall mean [Lianyungang], Peoples’ Republic of China, the place where CONTRACT PLANT is located. XVI. “KNOWHOW” shall mean all information, including, without limitation, knowledge, experience, specifications and analytical methods, which in BASELL39。 and/orc. which would cause the total capacity of the CONTRACT PLANT, over a period of consecutive 8,000 hours of operation, to exceed by more than twelve per cent (12 %) the capacity specified in the definition of “CONTRACT PLANT”. XIII. IMPROVEMENT PERIOD means the period from the EFFECTIVE DATE to December 31st of the year in which falls the sixth (6th) anniversary of the EFFECTIVE DATE.XIV. “IMPROVEMENTS” shall mean new evolutionary findings and/or modifications of KNOWHOW developed by BASELL any BASELL’s AFFILIATE or a PROCESS licensee after the EFFECTIVE DATE and before the expiry of the IMPROVEMENT PERIOD, which, during such perioda. BASELL is free to disclose and authorize JSPCL to use without accounting therefore to any third party。 Equistar Chemicals, LP, a pany organized and existing under the laws of Germany and having its registered office at 11530, Northlake Drive, Cincinnati, OH45249, Ohio, The United States of America (BASELL)。CONTRACTFor the Supply ofLicense, Engineering amp。 and and/orb. obtained by replacement or modification of one or more reactor elements, ethylene pressors, relevant feeding pumps or cooling systems of the CONTRACT PLANT。 (iii) a major change in the plant operation conditions, such as the introduction of a new monomer, a new bination of monomers, or a new additive。 and (iii) BASELL is free to disclose and grant JSPCL, directly or indirectly through TCM, the right to use such information without accounting therefore to third parties. XVII. “JSPCL’s CONTRACTOR” shall mean the contractor selected in accordance with Article which has signed a contract with JSPCL who is responsible for, including without limitation: engineering, procurement, construction, operation and/or maintenance of the CONTRACT PLANT.XVIII. “Party” shall mean JSPCL or TCM or BASELL and “Parties” shall mean all of them. XIX. PERFORMANCE TEST shall mean a period of 72 consecutive operating hours of performance test operation of the CONTRACT PLANT scheduled for the purpose of paring its performance with the guarantee figures specified in Appendix 8.XX. “PROCESS” shall mean the Lupotech A process developed by BASELL and/or its predecessors, before the EFFECTIVE DATE and practiced in mercial plants for the production of PRODUCT in which ethylene and/or vinyl acetate is polymerized in a high pressure autoclave reactor. The process is further described in Appendix 1. XXI. “PATENT RIGHTS” shall mean all patents and patent applications, existing in any country of the world, to the extent that: (i) they cover KNOWHOW and IMPROVEMENTS。s technical personnel and operators. For details, see Appendix 10. TCM and BASELL shall send their own experienced, healthy, petent technical personnel to the JOB SITE to provide technical services and instructions during the period of Erection, Commissioning and PERFORMANCE TESTS. For details, see Appendix 9, Attachment 91 and 92 of Appendix 9.2. PRICE JSPCL, shall pay the sums as specified in Article 3 to TCM and BASELL respectively and the total fixed CONTRACT PRICE amounts to . Dollars [?] (excluding Technical Service Fee). The CONTRACT PRICE shall be paid to TCM and BASELL through Irrevocable sight documentary Letter of Credit or by Telegraphic Transfer (T/T) in . Dollars directly from JSPCL’s Bank (which bank and form of letter of credit shall be acceptable to both Parties). The price breakdown is as follows:A. License Fee: US Dollars [?] (“License Fee”)B. TECHNICAL DOCUMENTATION fee: US Dollars [?] a) Fee for PROCESS DESIGN PACKAGE: [?] (“PDP Fee”)b) Fee for BASIC DESIGN DOCUMENTS (BDD) : [?] US Dollars。NV = New Volume, . new CONTRACT PLANT capacity (in Metric Tons per annum) reached by the relevant EXPANSION。Io = the USA Consumer Price Index (for all urban consumable items) published during the month of the EFFECTIVE DATE。iii. with reference to Article , and – the Acceptance date。(e) five (5) originals of manually signed mercial invoice issued by BASELL indicating the amount to be paid and the bank account coordinates. Forty five percent (45 %) of total amount of license Fee and PDP Fee and Training Fee shall be paid by JSPCL to BASELL under the Letter of Credit issued by JSPCL’s bank against the:(a) One (1) copy of the courier receipt signed by JSPCL upon delivery to JSPCL of the above mentioned Part A of the PROCESS DESIGN PACKAGE (PDP) confirming such receipt。s country, or a written statement issued by TCM certifying that no export license is required。(b) five (5) originals of manually signed mercial invoice issued by the TCM indicating the amount to be paid and the bank account coordinates。(b) five (5) originals of signed proforma invoice issued by TCM covering one hundred percent (100 %) of the Price of the CONTRACT under Article B c)。 and(h) five (5) originals of manually signed mercial invoice issued by the TCM indicating the amount to be paid . The Technical Service Fees under Article D shall be paid by JSPCL to TCM and BASELL, monthly invoices tied to the calendar days actually spent during the preceding month in accordance with the per diem rate as stated in Article and within forty five (45) days after JSPCL has received the following documents submitted by TCM or BASELL, as applicable, and found them in order:(a) two (2) copies of the time sheets signed by the general representatives of TCM or BASELL, as the case may be。 Destination: to be noticed