英文和解協定 篇1
補充協定
Supplementary Agreement
簽約方:
BY and BETWEEN:
(1) L.L.C. ( ”授權方”)
地址:1000 Flower Street, Glendale, Galifornia 91201
L.L.C. ( ”Licensor”) a Delaware limited liability company, with its principal office located at Glendale, California 91201; and
(2) LIMITED COMPANY( 被授權方”)
地址:中國廣州市
GUANG ZHOU CAMSING LIMITED COMPANY ( ” Licensee”) with its principal office located at Guangzhou, China.
鑒於,
AS,
(A) 20__年3月12日, 與 就 事宜達成一致意見,簽署了《品牌授權協定》(以下稱“原協定”),協定有效期間自20__年1月1日起至20__年12月31日止;
On March 12, 20__ , and entered into a Merchandise License Agreement (hereinafter referred to as “Initial Agreement”) for “Kung Fu Panda 2”, with the period starts from January 1, 20__ to December 31, 20__;
(B) 原協定約定的授權使用費為27萬美金,並應於20__年8月31日前全額付清。於簽約時向支付了2.5萬美金預付款,剩餘款項24.5萬美金至今未付;
According to Initial Agreement, USD $270,000 shall be fully paid by Camsing to as Licensing Royalty on or before August 31, 20__. has paid USD $25,000 as Advance as of the singing date of Initial Agreement, while the remaining USD $245,000 is still unpaid;
(C) 多次向催討未付款項,結合自身對授權品牌的實際使用情況,請求從未付款項中減免部分授權使用費。
has contacted Camsing many times to collect remaining payments, while, considering about its actual application of merchandise license, requests for a deduction from the unpaid amounts.
故而,雙方經友好協商對剩餘款項的支付事宜達成如下補充協定:
THEREFORE, both Parties, through amicable negotiation, agree upon the payment of remaining unpaid USD $245,000 as following:
1. 同意免除自20__年1月1日起至20__年12月31日的授權使用費81,666美金;減免之後,Camsing應付的款項為163,334美金(計算方式:245,000 -81,666=163,334)。同意,按本協定約定支付減免後的授權使用費163,334美金後,不再向主張任何費用,包括但不限於授權使用費、違約金等。
agrees to exempt license royalty USD $81,666 of the period from January 1, 20__ to December 31, 20__, that is shall pay USD $163,334 to after the exemption. In the event that has fully paid the remaining license royalty USD $163,334 after exemption according to provisions hereunder, agrees that it will not claim any ge against , including but not limited to license royalty, penalty, etc.
2. 支付方案:應自20__年7月1日起至11月30日止的5個月內分五期還清全部款項163,334美金,具體付款方案如下:
20__年7月17日前 20__年8月15日前 20__年9月15日前 20__年10月15日前 20__年11月15日前
USD $30,000 USD $30,000 USD $30,000 USD $30,000 USD $43,334
合計 USD $163,334
Payment Scheme: shall pay off the remaining USD $163,334 by five payments within the period from July 1, 20__ to November 30, 20__, the payment scheme is as following (all payments should be made on or before corresponding stipulated dates):
July 17, 20__ August 15, 20__ September 15, 20__ October 15, 20__ November 15, 20__
USD $30,000 USD $30,000 USD $30,000 USD $30,000 USD $43,334
Total Amount USD $163,334
3. 前述款項的支付均應匯入指定的如下賬戶:
銀行信息:
收 款 人:
賬 號:
ABA 號:
銀行代碼:
聯 系 人:
契約幣種:
The stated payments shall be paid to the following ac specified by :
Bank Information: Bank of America
Beneficiary:
Ac No.:
ABA No.:
Swift Code:
Attention:
Contract Currency: United States Dollars.
4. 應嚴格按照分期付款計畫執行,如有一期逾期支付則視為違約,屆時剩餘應付款項的支付期限立即到期,並且原先減免的20__年度81,666美金的授權使用費不再減免,將一同併入應付款項由立即一次性全額支付,同時,還應按未付款項總金額每日萬分之五的標準向支付逾期付款違約金。
shall strictly abide by the payment scheme, otherwise, even one payment delay shall be deemed as breach of contract, upon the payment term of remaining amounts shall expire immediately, besides, the exemption of USD $81,666 for year 20__ shall be cancelled and calculated into the remaining unpaid amounts, which shall be fully paid in a lump sum by Camsing promptly. Meanwhile, shall pay a penalty at a rate of 0.5‰ per day of due total amount for late payment.
5. 法律適用及爭議解決:本協定適用中國法律。凡因本協定引起的或與本協定有關的任何爭議,均應提交至深圳國際仲裁院(SCIA)按照其仲裁規則進行仲裁,屆時敗訴方應承擔對方為解決本爭議而產生的一切合理費用,包括但不限於仲裁費、律師費、差旅費、評估費、調查費、鑑定費等相關費用。
Applicable Law and Dispute Resolution: This Agreement shall be governed by the laws of China. Any dispute arising from or in connection with this Agreement shall be submitted to Shenzhen Court of International Arbitration (SCIA) for arbitration according to SCIA’s Arbitration Rules, and the losing party shall bear all reasonable ges of the other party concerning dispute resolution, including but not limited to arbitration fees, lawyer’s fees, business trips costs, evaluatioges, investigation fees, appraisal costs, etc.);
6. 本協定生效後,即成為原協定不可分割的組成部分,與原協定具有同等法律效力。除本協定對於剩餘應付款項的約定外,原協定的其餘部分應完全繼續有效。如本協定與原協定發生衝突時,以本協定為準。
This Agreement, after its entry into force, becomes an integral part of the Initial Agreement and has the same legal effect. Except for the provisions about the remaining unpaid payment stipulated herein, other provisions of the original agreement shall remain in full effect. In case of any discrepancy, this agreement shall prevail.
7. 本協定為中英文版本,如有不符,以中文版本為準。
This Agreement is written in Chinese and English. In case of any discrepancy, the Chinese version shall prevail.
8. 本協定一式貳份,經雙方蓋章及代表人簽字後生效,雙方各執壹份,具有同等法律效力。
This Agreement is prepared in duplicate and shall enter into force upon chops and signatures of the authorized representatives; each party holds one copy, with the same legal effect.
(Signing Page with No Text Below)
SIGNED by )
duly authorised for and on behalf of NAME )
L.L.C.
Date: )
) SIGNATURE
(簽字、蓋章)
SIGNED by )
duly authorised for and on behalf of NAME )
COMPANY )
) SIGNATURE
Date:
(簽字、蓋章)
英文和解協定 篇2
party a:party b:
contract no
date:
signed at:
witnesses that the party a for considerations hereinafter named, contracts and agrees with the party b that party a will, within_____ days, next following the date hereof, build and finish a libarary building for party b. ( the building hereinafter is referred to as the said building.) the said building is of the following dimensions, with reinforced concrete, brick, stones and other materials, as are described in plans and specifications gereto annexed.
in consideration of the foregoing, party b shall, for itself and its legal representatives, promise to pay party a the sum of one million rmb yuan in manner as follows, to wit:
rmb_____at the beginning of the said work.
rmb_____on _____/ _____/_____( for example: 3/21/)
rmb_____ on_____/ _____/_____
rmb_____ on_____/ _____/_____
rmb_____ on_____/ _____/_____
and the remaining sum will be paid upon the completion of the work.
it is further agreed that in order to be entitled to the said payments ( the first one excepted, which is otherwise secured ), party a or its legal representatives shall, according to the architect’’s appraisement, have expended, in labor and material, the value of the payments already received by party a, on the building, at the time of payment.
for failure to accomplish the faithful performance of the agreement aforesaid, the party so failing agrees to forfeit and pay to the other_____rmb yuan as fixed and settled damages, within one month form the time so failing.
in witness whereof we have hereunto set our hands and seals the day and year first above written.
signed, sealed and delivered
in the presence of
party a : party b:
英文和解協定 篇3
TIMBER SALE CONTRACT - SAMPLE
The following document offers excellent guidelines when preparing a timber sale contract. Separate articles may be added to suit specific circumstances. It is advised that the Seller and Purchaser employ legal counsel to review the contract prior to its endorsement.
Contract entered into this ______ day of _____, 20___., by and between __________ of _________ Illinois, hereinafter called the Seller, and _____________, of ____________(city), ___________(state), Illinois Timber Buyer License Number _______, hereinafter called the Purchaser, WITNESSETH:
1. The Seller agrees to sell and the Purchaser agrees to buy for the total sum of ________dollars ($_______) under the conditions set forth in this contract all of the live standing timber marked or designated for cutting and all of the dead or down timber marked or designated upon an area of approximately _____ acres, situated in the _________ of Section ________, Twp._______ R._______, ____________ County, Illinois, on land owned and recorded in the name of _______________________.
The Purchaser further agrees to pay to the Seller as an initial payment under this contract the sum of _________________ dollars ($_________), receipt of which is hereby acknowledged, and a final payment in the sum of ________________ dollars ($_______), prior to any cutting or removal of timber under this contract.
2. The Seller further agrees to mark and dispose of the timber conveyed in this contract in strict accordance with the following conditions:
(a) All trees to be included in this sale will be marked with a distinctive mark on the bole and stump of each tree.
(b) No trees under _____ inches in diameter at a point 4 1/2 feet from the ground will be marked for cutting.
(c) No concurrent contract involving the area or period covered in this contract has been or will be entered into by the Seller without the written consent of the Purchaser
(d) The Purchaser and his employees shall have access to the area at all reasonable times and seasons for the purpose of carrying out the terms of this contract.
(e) Unless otherwise specified, all material contained in the marked or designated trees is included in this sale
(f)
(g)
3. The Purchaser further agrees to cut and remove all of the timber conveyed in this contract in strict accordance with the following conditions:
(a) Unless an extension of time is agreed upon in writing between the Seller and Purchaser, all timber shall be paid for, cut, and removed on or before and none after the _____ day of _______, 20___, and any material not so removed shall revert to the Seller.
(b) Unmarked trees and young timber shall be protected against unnecessary injury from felling and logging operations. If, however, unmarked trees are cut, damages shall be paid the Seller at the rate of $1 per tree per M bd. ft. for all other species, and in the event that any such trees are cut, said trees shall remain upon the premises and shall be the property of the Seller.
(c) Necessary logging roads shall be cleared by the Purchaser only after their locations have been definitely agreed upon with the Seller or his representative, and any trees to be removed in the clearing operations shall first be marked by the Seller.
(d) During the life of this contract and on the area covered, care shall be exercised by the Purchaser and his employees against the starting and spread of fire, and they shall do all in their power to prevent and control fires.
(e) Any liability for damage, destruction, or restoration of private or public improvements or personal damages occasioned by or in the exercise of this contract shall be the sole responsibility of the Purchaser, and the Purchaser shall save harmless the Seller on account of such damages.
(f) The risk if loss or damage to the trees herein purchased, from any and all causes whatever, shall be borne by purchasers from the date hereof.
(g) The Purchaser will not assign this agreement without the written consent of the Seller.
(h)
(g)
(i)
4. The Seller and Purchaser mutually agree as follows:
(a) All modifications of the contract will be reduced to writing, dated, signed, and witnessed and attached to this contract.
(b) Any need for reassignment of interest of either party may be changed within 10 days following written consent by both parties. All terms of this contract legally bind the named representatives to excuse this document as written.
(c) The total number of trees conveyed is _____ (having a volume of approximately _____bd. ft.) composed as follows:
_______ white oak, _______ red and black oak, __________________, ____________________, ______________________, __________________.
(d) In case of dispute over the terms of this contract, final decision shall rest with a reputable person to be mutually agreed upon the by parties to this contract. If the parties hereto do not agree upon a third party within 10 days following the initiation of the dispute, or in the case of further disagreement, then within 15 days from the initiation of the dispute, it shall be submitted to a Board of Arbitration of three persons, one to be selected by each party to this contract and the third to be selected by the other two. The Board shall decide the dispute within 5 days after the matter is referred to it.
In the event that damages are awarded to the Seller by the Board of Arbitration and are not paid on the date that the award is made, then all operations of the Purchaser shall immediately cease, and if the award is not paid or satisfied within 30 days after the date of award, the Seller may take immediate possession of the premises upon which the timber is located, shall retain as liquidated damages all money paid by the Purchaser, and the title to all timber shall revert to and become the property of the seller.
In witness whereof, the parties hereto have set their hands and seals this __________ day of ______________________ 20____.
WITNESSES:
______________________________ ______________________________
for the Purchaser Purchaser
______________________________ ______________________________
for the Seller Seller