【正文】
site during the construction stage.,未經(jīng)乙方同意,甲方對(duì)乙方交付的設(shè)計(jì)文件不得復(fù)制或向第三方轉(zhuǎn)讓或用于本合同外的項(xiàng)目,如發(fā)生以上情況,乙方有權(quán)索賠。 party a shall protect the design copyright of party b. without party b’s consent, party a shall not duplicate of transfer to a third party or use the design documents for other projects. if the abovementioned is happened, party b shall have the right to claim.: responsibilities of party b:、時(shí)間及份數(shù)向甲方交付設(shè)計(jì)文件。 party b shall submit to party a the required design documents in right content, time and copies according to the clause of article 4.由于乙方設(shè)計(jì)錯(cuò)誤造成工程質(zhì)量事故損失,乙方除負(fù)責(zé)采取補(bǔ)救措施外,應(yīng)免收損失部分的設(shè)計(jì)費(fèi),并根據(jù)損失程度向甲方償付賠償金,賠償金額根據(jù)乙方與保險(xiǎn)公司簽訂的設(shè)計(jì)責(zé)任保險(xiǎn)合同計(jì)算。 party b shall be responsible for correcting any omission or mistake in their design documents before the construction. if the design mistake made by party b has caused losses to party a, party b shall not only be responsible for taking the remedial measures, but also shall remit the design fee for the part of such losses and shall pay pensation to party a according to the degree of such loss. the amount of the pensation shall be determined by party b and his insurance pany and to be in accordance to the professional indemnity insurance coverage.,延誤了按本合同第四條規(guī)定的設(shè)計(jì)文件交付時(shí)間,每延誤一天,應(yīng)減收該項(xiàng)目應(yīng)收設(shè)計(jì)費(fèi)的千分之一。 if it is party b’s own fault to have delayed the submission of the design documents according to the stipulated time as described in article 4, party b shall deduct % of the due amount of the design fee on a daily basis for the delay period.,乙方單方提出解除合同的,乙方應(yīng)當(dāng)按照有關(guān)規(guī)定賠償甲方損失。 after the contract es into forces, if party b proposes to terminate the contract, party b shall pensate party a’s losses according to the relevant regulations.,應(yīng)參加甲方及相關(guān)職能部門的設(shè)計(jì)審查會(huì)議及根據(jù)審查結(jié)論負(fù)責(zé)不超出原定計(jì)劃任務(wù)書范圍內(nèi)的必要調(diào)整補(bǔ)充;負(fù)責(zé)向甲方及施工各單位進(jìn)行設(shè)計(jì)交底,處理有關(guān)的設(shè)計(jì)問題和參加竣工驗(yàn)收。乙方應(yīng)派相關(guān)人員參加施工期間的例會(huì)。乙方應(yīng)優(yōu)化設(shè)計(jì)以幫助業(yè)主將造價(jià)控制在預(yù)算內(nèi)。 after the design documents has been submitted, party b shall also attend the approval meetings held by party a and the relevant petent authorities and shall be responsible for making the necessary adjustments, revisions and supplements which does not exceed the scope of the documents of design requirements as originally defined based on the ments of such meetings. party b shall be responsible for explaining design details to party a and the main contractor。 and shall be responsible for solving all the relevant design problems and to attend the handing over meeting. party b shall send the relevant personnel to participate in the regular site meetings suring the construction. party b should optimize the design to assist party a in meeting the project budget.、泄露、轉(zhuǎn)讓甲方提交的產(chǎn)品圖紙、技術(shù)經(jīng)濟(jì)資料。如發(fā)生以上情況,甲方有權(quán)向乙方索賠。 party b is not allowed to disclose and transfer to a third party any product drawing, technical and economic data etc. which are provided by party a. in case that the abovementioned is happened, party a shall have the right to claim.。 party b is not allowed to subcontract the design work pletely or partially to any third party without the permission of party a.第七條其他約定article7. other provisions,雙方應(yīng)另行簽訂技術(shù)咨詢服務(wù)合同。 when party a requires party b to send site personnel to the construction site for a long period, the two parties shall negotiate for these additional work and sign a supplementary service contract.,由甲方自費(fèi)向有關(guān)出版部門購買。 party a shall pay for all the relevant publications and standard collections of drawings issued by the state and local government which are needed by party b for the purpose of designing the project.,乙方另收工本費(fèi)。 if party b is requested to submit design documents, of which, the number of copies are more than those stipulated in article 4 of this contract, party a shall pay for those additional copies.,建筑材料、設(shè)備的加工訂貨,甲方需要乙方設(shè)計(jì)人員配合時(shí),所需費(fèi)用由甲方承擔(dān)。 if party a requires party b to provide personnel to assist them for procurement purposes, such as the procurement of building material, equipments, etc.。 the expenses needed shall be borne by party a.,另行支付費(fèi)用。 if party a entrusts party b to undertake those work and services which are beyond this contract, party a shall pay additional fee.,雙方應(yīng)及時(shí)協(xié)商解決。 when this contract can not be d because of the unforeseeable natural forces, the two parities shall timely negotiate to solve the problem.,雙方應(yīng)及時(shí)協(xié)商解決。協(xié)商不成時(shí),雙方同意由上海市仲裁委員會(huì)仲裁。 both parties shall timely discuss each other for the settlement of any dispute arising during the ution of this contract. in case that such discussion fails, both parties have agreed appealing to shanghai municipal arbitration mission can be accepted. 為甲方的顧問,協(xié)助甲方進(jìn)行設(shè)計(jì)管理和建筑設(shè)計(jì)咨詢。費(fèi)用由甲方另行支付。 party a has engaged to act as party a’s consultants to assist party a to provide the management and design consultation services. the fee will be paid by party a directly and separately.,雙方可簽訂補(bǔ)充協(xié)議,補(bǔ)充協(xié)議與本合同具有同等效力。 supplementary agreement could be made between the two parties in case that any additional clause shall be added. the supplementary agreement shall have the same effect and power as this contract.,甲執(zhí)四份,乙執(zhí)三份,政府部門一份。 this contract shall be made in 8 copies. party a shall hold 4 copies. party b shall hold 3 copies. the government authority department shall hold one copy.,如有矛盾,應(yīng)以中文文本為準(zhǔn)。 this contract is prepared in both chinese and english languages, in the event of conflicts in any of the provisions between the two versions。 provisions specified in the chinese language version shall take precedence.,在30日內(nèi)報(bào)項(xiàng)目所在地建設(shè)行政主管部門備案。雙方認(rèn)為必要時(shí),到項(xiàng)目所在地工商行政管理部門簽證。上方履行完合同規(guī)定的義務(wù)后,本合同即行終止。 this contract, within 30 days after it has been signed and stamped by both parties, shall be submitted to the local government authority for endorsement. when it is considered necessary, both parties could send this contract to the local industrial and mercial administration departments for registration. this contract is to be terminated and expired itself after both parties have performed their duties as stipulated in this contract.、乙雙方蓋章簽字后自 年 月 日生效。(以下無正文) this contract shall e into force beginning from the date wh