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,厦门译国译民合同英语翻译(12),7.3 The Consultants guarantee liability shall expire _ months after its consultancy service is finally inspected and accepted by Client, or after final payment is made. Article 8 Ownership of Technical Service Reports 8.1 Final version of the technical service report submitted to Client and all relevant data such as maps, plans and supporting material compiled in performing the Scope of Services, shall be the property of Client. Such materials shall be sorted and indexed by Consultant prior to transmission to Client.,福州译国译民翻译公司 www.ygym.org,8.2 Consultant shall be permitted to retain copies thereof, provided however that such materials, including the material furnished by Client as stated in Article 5 of this Contract, shall not be used by Consultant for purposes not related with this Project without the prior written approval of Client. Article 9 Assignment 9.1 Neither Client nor Consultant shall assign or sublet their rights or obligations hereunder without the prior written consent of the other party. Article 10 Termination,福州译国译民翻译公司 www.ygym.org,10.1 If, due to the responsibility of Consultant, the technical service reports have not been delivered at dates according to the delivery schedules as stipulated in Article 4 of the Contract, Consultant shall be obliged to pay to Client penalty for such delay in delivery at the following rates: A. _ percent (_%) of the total contract price per week for the first four weeks; B. _ percent (_%) of the total contract price per week from the fifth week to the eighth week; C. _ percent (_%) of the total contract price per week from the ninth week of delay. Odd days less than one (1) week shall be counted as one (1) week for calculating the liquidated damage.,福州译国译民翻译公司 www.ygym.org,10.2 The total liquidated damage for late delivery shall not exceed _ percent (_%) of the total contract price. Payment of the liquidated damage for late delivery shall not release consultant from its obligation to deliver technical service reports. 10.3 Client may, without prejudice to any other remedy for Consultants following breach of Contract, terminate Contract in whole or in part by a written notice of default send to Consultant, if Consultant A. Fails to deliver any or all of technical service reports within_(_) days after the scheduled delivery date as specified in Article 4; or B. Fails to make the technical service reports meet the minimum level of Acceptance Standards as specified in Appendix 1. Consultant shall refund to Client all the payments effected by Client to Consultant plus an interest at the rate of_ percent (_%) per annum in case of such a termination.,福州译国译民翻译公司 www.ygym.org,10.4 Either party may, without prejudice to any other remedy, terminate Contract in whole or in part by a written notice send to the other party, if the other party. A. Fails to perform its confidentiality obligation under Contract; or B. Fails to perform any other obligations under Contract except minor parts thereof, and does not remedy for its failure within a period of_ (_) days upon receipt of the written notice or a period agreed upon between the parties; C. Becomes bankrupt or insolvent; or D. Affected by any event of Force Majeure for more than _ days. Article 11 Force Majeure,福州译国译民翻译公司 www.ygym.org,11.1 Should either party be prevented from performing any of its obligations under Contract due to event of Force Majeure, such as war, serious fire, typhoon, earthquake, flood and any other events which could not be expected, avoided and overcome, the affected party shall notify the other party of its occurrence by fax and send by registered airmail a certificate issued by the competent authorities or agency within fourteen (14) days following its occurrence. 11.2 The affected party shall not be liable for any delay or failure in performing any or all of its obligations due to the event of Force Majeure. However, the affected party shall inform the other party by fax the termination or elimination of the event of Force Majeure without delay. 11.3 Both parties shall proceed with their obligations immediately after the cease of the event of Force Majeure or removal of the effects. The validity period of Contract and/or the scheduled period for relative execution of Contract shall be extended correspondingly. Article 12 Arbitration,福州译国译民翻译公司 www.ygym.org,12.1 Any dispute arising from or in connection with this Contract shall be submitted to China International Economic and Trade Arbitration Commission,Shenzhen Sub-commission for arbitration in accordance with the Commissions arbitration rules in effect at the time of applying for arbitration. The arbitral award is final and binding upon both parties and the applicable law is the material law of P.R.C. 12.2 Notwithstanding any reference to arbitration, both Parties shall continue to perform their respective obligations under the Contract unless otherwise agreed. Article 13 Language and Standards 13.1 Correspondence except this Contract between Client and Consultant, data and documents made available by Client to Consultant and the technical service reports and drawings prepared by Consultant shall be in the English language.,
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