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contract技術引進合同英漢對照樣本ec-預覽頁

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【正文】 ther party. Article 14 Confidentiality After signing of the Contract, both parties shall keep secret all the contents, terms, conditions of the Contract. The Buyer shall take proper measures to keep strictly confidential of Knowhow, Technical Documentation, Improvement and any other secret information obtained or accessible to from the Seller. The Buyer shall not disclose any of them to any third party, and shall not make use of them without prior written consent of the Seller except otherwise stipulated in the Contract. The Buyer may disclose the secret information as described in Article to the personnel of its own, or of any related parties engaged in the performance of the Contract subject to Article , strictly to the extent as essential for the implementation of the Contract, provided that the individuals and/or parties accessing or may access such secret information are engaged to undertake in written form the same confidential liability of the Buyer to the Seller. Any breach of confidentiality obligations by any personnel from the Buyer or the Buyer’s related parties shall be deemed as breach of the Contract by the Buyer. Notwithstanding this Article 14, the Seller may furnish to its subcontractor such documents, data, and other information received from the Buyer to the extent required for performing the Contract, in which event the Seller shall obtain from such subcontractor an undertaking of confidentiality similar to that imposed on the Seller under the Article 14. This Article 14 shall survive the expiration or termination of the Contract. The confidential obligation shall not apply to the information which:A. now or hereafter enters the public domain。 otherwise the Seller shall provide the same at the Buyer’s costs upon the Buyer’s timely request. If the result of Performance Test has reached the guarantee figures as per Appendix 1, the Acceptance Certificate of the Plant shall be signed by the Chief Representatives of both parties in two (2) originals, one for each party, within three (3) days. If the Performance Test cannot meet guarantee figures specified in Appendix 1, both parties shall jointly make investigations so as to find out the reason for clarifying the responsibility. If the guarantee figures are not met due to the Seller’s reason, the Buyer shall agree to give an extension of ____ ( ) months so that the Seller can make improvement or adjustment to the Process and conduct further Performance Test. All the costs and expenses for making improvement or adjustment to the Process shall be borne by the Seller. During the extension period, if the guarantee figures are still not met due to the Seller’s reason, the Seller shall pay the liquidated damages as per Appendix 1 to the Buyer against the Acceptance Certificate signed by both parties. The Seller’s aggregate liability to pay liquidated damages for failure to attain the performance guarantees shall not exceed ____ ( ) percent of the Contract price. The Seller shall have no further liability whatsoever to the Buyer in respect of such failure after payment of the liquidated damages. If nonachievement of the guarantee figures is due to the reasons not attributable to the Seller, the Seller shall agree to give an extension of ___ ( ) months. During the extension period all costs thereto incurred for the adjustment of the Process, as well as the costs and expenses for the Seller’s technical personnel shall be borne by the Buyer. In case the guarantee figures can not be achieved due to the reasons not attributable to the Seller in the extension period, the Licensed Plant shall be accepted by the Buyer. Both parties shall sign the Acceptance Certificate. Acceptance Acceptance shall occur in respect of the Licensed Plant when:(a) Performance Test has been successfully pleted as per the Article .。(b)One ( 1 ) copy of mercial invoice. ____ ( ) percent of the total Contract price amounting ____ (say ___ only) shall be paid by the Buyer to the Seller within _______ days after the following documents have been submitted by the Seller: a) One (1) original Letter of Retention Guarantee in the form of Appendix 10。(c) Packing list in one (1) original and ___ ( ) copies。(b) Commercial Invoice in one (1) original and ___ ( ) copies。 ____ ( ) percent of the total Contract price amounting ____ (say ___ only) shall be paid by the Buyer to the Seller within _______ days after the following documents have been submitted by the Seller:(a) One (1) copy of the Acceptance Certificate signed by the Buyer as per Article , or the Seller’s written statement specifying the lapse of more than seven (7) days after the Seller’s notice requesting the Buyer to issue the Acceptance Certificate in accordance with Article 。 both parties shall confirm the readiness for the Commissioning in writing. The Commissioning of the Plant shall be started immediately after the confirmation of the readiness for the Commissioning. The Commissioning period shall ____ ( ) days after mencement of the Commissioning. When the Seller and the Buyer consider that stable operation of the Plant has been achieved, the date of Performance Test shall be fixed by Chief Representatives of both parties. The Seller shall have the right to access to the laboratory and testing facilities in order to take samples and make analytical tests. The sample taking and analytical test during the Commissioning period will be done in the presence of the Chief Representatives of both parties. During the period of Commissioning until Acceptance of the Plant, the Seller may use the Buyer’s stored spare parts. Should the Buyer’s stored spare parts be used by the Seller due to the Seller’s responsibility, the Seller shall replenish the stores with the same in time at Job Site。 or(d) The guarantee figures still can not be reached due to reasons not attributable to the Seller’s reason in the extension period as specified in Article
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