中外合资经营合同(中英文)(8)

　　Article 51

　　The amendment of the contract or other appendices shall come into force only after a written agreement has been signed by Party A and Party B and approved by the original examination and approval authority.

　　Article 52

　　In case of inability to fulfil the contract or to continue operation due to heavy losses in successive years as a result of force majeure， the duration of the joint venture and the contract shall be terminated before the time of expiration after being unanimously agreed upon by the board of directors and approved by the original examination and approval authority.

　　Article 53

　　Should the joint venture company be unable to continue its operation or achieve its business purpose due to the fact that one of the contracting parties fails to fulfil the obligations prescribed by the contract and articles of association， or seriously violates the provisions of the contract and articles of association， that party shall be deemed to have unilaterally terminated the contract. The other party shall have the right to terminate the contract in accordance with the provisions of the contract after approval by the original examination and approval authority， and to claim damages. In case Party A and Party B of the joint venture company agree to continue the operation， the party who fails to fulfil its obligations shall be liable for the economic losses caused thereby to the joint venture company.

　　Chapter 19 Liability for Breach of Contract

　　Article 54

　　should either Party A or Party B fail to pay on schedule the contributions in accordance with the provisions defined in Chapter 5 of this contract， the party in breach shall pay to the other party _________% of the contribution starting from the first month after exceeding the time limit. Should the party in breach fail to pay after 3 months， __________% of the contribution shall be paid to the other party， who shall have the right to terminate the contract and to claim damages from the party in breach in accordance with the provisions of Article 53 of the contract.

　　Article 55

　　Should all or part of the contract and its appendices be unable to be fulfilled owing to the fault of one party， the party in breach shall bear the liability therefor. Should it be the fault of both parties， they shall bear their respective liabilities according to the actual situation.

　　Article 56

　　In order to guarantee the performance of the contract and its appendices， both Party A and Party B shall provide each other with bank guarantees for performance of the contract.

　　Chapter 20 Force Majeure

　　Article 57

　　Should either of the parties to the contract be prevented from executing the contract by force majeure， such as earthquake， typhoon， flood， fire， war or other unforeseen events， and their occurrence and consequences are unpreventable and unavoidable， the prevented party shall notify the other party by telegram without any delay， and within 15 days thereafter provide detailed information of the events and a valid document for evidence issued by the relevant public notary organization explaining the reason of its inability to execute or delay the execution of all or part of the contract. Both parties shall， through consultations， decide whether to terminate the contract or to exempt part of the obligations for implementation of the contract or whether to delay the execution of the contract according to the effects of the events on the performance of the contract. Chapter 21 Applicable Law

　　Article 58

　　The formation， validity， interpretation， execution and settlement of disputes in respect of， this contract shall be governed by the relevant laws of the People s Republic of China.

　　Chapter 22 Settlement of Disputes

　　Article 59

　　Any disputes arising from the execution of， or in connection with， the contract shall be settled through friendly consultations between both parties. In case no settlement can be reached through consultations， the disputes shall be submitted to the Foreign Economic and Trade Arbitration Commission of the China Council for the Promotion of International Trade for arbitration in accordance with its rules of procedure. The arbitral award is final and binding upon both parties. Or Any disputes arising from the execution of， or in connection with the contract shall be settled through friendly consultations between both parties. In case no settlement can be reached through consultations， the disputes shall be submitted to __________Arbitration Organization in __________for arbitration in accordance with its rules of procedure. The arbitral award is final and binding upon both parties. Or Any disputes arising from the execution of， or in connection with the contract shall be settled through friendly consultations between both parties. In case no settlement can be settled through consultations， the disputes shall be submitted for arbitration. Arbitration shall take place in the defendant s country. If in China， arbitration shall be conducted by the Foreign Economic and Trade Arbitration Commission of the China Council for the Promotion of International Trade in accordance with its rules of procedure. If in ___________， the arbitration shall be conducted by ___________in accordance with its rules of procedure. The arbitral award is final and binding upon both parties. (Note： When formulating contracts， only one of the above-mentioned provisions can be used). …… 此处隐藏：3393字，全部文档内容请下载后查看。喜欢就下载吧 ……