jointventureagreement

1、v1.0可編輯可修改Joint Venture AgreementThis Joint Venture Agreement is made on in between(hereinafter referred to as" )“and(hereinafter referred to asEach herein after referred to individually as a “Party “ and collectively as “Parties ” .WHEREAS(hereinafter referred to as "the Employer" )

2、invites interested parties to submit their pre-qualification applications indicating their interest in, and qualifications for, (hereinafter referred to as “the Project " ), and participate in the Project if qualified in the next stage of the competitive bidding process of the Project;WHEREAS.,

3、and have had long-termed cooperationexperience in jointly executing contracts, and the Parties desire to enter into an agreement to form a joint venture (hereinafter referred to as the “JV ) for the exclusive purpose of prequalification, tendering for and execution of the contract (hereinafter refer

4、red to as the“Contract " )to be entered into with the Employer.The Parties hereby agree upon the following:1. The Parties undertake joint responsibility for the prequalification, tender and execution of the Contract;11v1.0可編輯可修改2. In case the Contract is awarded to the JV, the Parties will be j

5、ointly and severally liable towards the Employer for the performance of the Contract;3. The JV shall bear the name, the leader of which shall beandthe head office shall be at;4. This Agreement will be terminated upon the occurrence of any of the following events:a) Failure of the Parties to submit t

6、he pre-qualification application or a bid to the Employer;b) In case the JV has not been prequalified - if applicable - this Agreement shall be terminated at the time the Employer has notified the JV accordingly;c) Failure to get this Contract awarded to the JV from the Employer 一if applicable - thi

7、s Agreement shall be terminated at the time the Employer has notified the JV accordingly;d) Upon expiry of the validity period of the Tender unless extendedby mutual agreement of the Parties;e) Upon signing of the final Joint Venture Agreement set forth inClause 5 of the this Agreement.5. Immediatel

8、y upon being awarded the Contract, the Parties shall enter into and sign a final Joint Venture Agreement in order to determine in detail the contractual rights and obligations of the Parties and other provisions governing their co-operation as joint venture.6. It is understood that during the validi

9、ty period of this Agreement, either Party (disclosing Party) may release or disclose certain confidential information (hereinafter referred to as the22v1.0可編輯可修改“Confidential Information " ) to the other Party (receiving Party)to facilitate the receiving Party to perform its obligations underth

10、is Agreement. The receiving Party hereby agrees to:a) hold the Confidential Information in the strictest confidence andto take all reasonable precautions to protect such ConfidentialInformation including, without limitation, all precautions that thereceiving Party normally takes with respect to its

11、own confidentialand proprietary materials, but in no event less than reasonable care;b) Not to make any use whatsoever at any time of the ConfidentialInformation except for the sole purpose of performingthisAgreement.337. Article 6 does not apply to the following information:(a)The information alrea

12、dy in thepublic domain otherthanas a result(b)of disclosure by the receivingThe informationobtainedParty inby thebreach ofreceivingthisAgreement;Partyon anon-confidentialbasis beforedisclosureof the informationby thedisclosing Party;(c)The informationavailableto thereceiving Partyon anon-confidentia

13、l basis from a source other than the disclosingParty provided that such person is not bound by any confidential agreement with the disclosing Party nor shall he or she has the responsibility to the disclosing Party of non-disclosure of(d)information to the receiving Party; orThe information independ

14、ently developed by the receiving Partywithout reference to the Confidential Information.v1.0可編輯可修改8. Each party shall bear its own costs/expenses, in connection with preparation and submission of the prequalification as well as the tender if qualified.9. , as the leading party in JV, shall be in cha

15、rge of management of the whole project.shall be in charge of site construction of the project.10. This Agreement shall be governed by and construed in accordance with the laws of the People' s Republic of China. All disputes arising from or in connection with this Agreement shall be submitted to

16、 BeijingArbitration Commission for arbitration in accordance with its rulesof arbitration in effect at the time of applying for arbitration. The arbitral award is final and binding upon both parties.11. This Agreement shall be executed in 2 (two) originals with 1 (one) for each Party. All copies hereof shall together constitute one and the same instrum