Model investment invitation contract 1
Name of Party A: Legal Representative of Beijing Jin Wang Century International Shopping Center Co., Ltd.:
Fax number:
Business address: A 1, Sara South Road, Fengtai District, Beijing.
Name of Party B: Tel:
Certificate type:
Certificate number:
Residential address:
According to the relevant laws and regulations of People's Republic of China (PRC), Party A and Party B voluntarily sign this agreement through equal consultation, and * * * will abide by the terms listed in this agreement:
The first general rule
Party A and Party B take deepening cross-strait economic cooperation and promoting cross-strait peaceful development as the premise. Through negotiation, Party A authorizes Party B to carry out the investment invitation work of Project () in Taiwan Province Province, China on behalf of Party A, and hereby formulates this agreement for both parties to abide by.
The second definition
2. 1 The meanings of all units of measurement in this agreement are clearly stated as follows: All units of measurement in this agreement are legal units of measurement in People's Republic of China (PRC).
2.2
The headings listed in each clause are for eye-catching purposes only and have no influence on the interpretation of this agreement.
Article 3 Ways of cooperation
3. 1 Through negotiation between Party A and Party B, it is decided that Party B will be the investment representative of Party A's project to carry out relevant investment cooperation matters in Taiwan Province Province.
3.2 During the validity period of the agreement, without the permission of Party A, Party B shall not entrust any other person or unit as its agent to represent all matters related to the investment promotion of this project.
3.3 According to the agreement, Party B, as the project agent entrusted by Party A, will introduce the investment partners of various projects under this contract on behalf of Party A. If the investor signs a cooperation contract with Party A and pays the deposit, it will be deemed that Party B has completed its obligations under this contract and will effectively implement all the terms under this contract.
Article 4 Cooperation Term and Commission Calculation
The cooperation period and commission in this agreement are calculated from () to (). During this period, both parties shall perform all obligations agreed in this agreement and enjoy all rights agreed in this agreement.
Article 5 Investment regions and regions
() The construction area of all foreign-invested business districts in this project is 6000 square meters.
Article 6 Completion Date and Effect of Investment Promotion
Party B's first investment invitation shall be completed before (), and the contracted area of the lessee shall reach more than ()%. For the second investment invitation, Party B shall complete the investment invitation before (), and the contracted area of the lessee shall reach more than ()%.
Article 7 Calculation of Commission
7. 1 Party A agrees to authorize Party B to negotiate business with investors at a lease amount of not less than RMB per square meter per day.
7.2 If the investor recommended by Party B pays the rent to Party A at a price higher than RMB per square meter per day, the excess will be regarded as Party B's commission. Within 10 working days after the investor recommended by Party B remits the rent to the account designated by Party A, Party A will remit part of the total rent actually paid by the investor to the account designated by Party B as Party B's commission.
7.3 If the investors recommended by Party B propose to Party A that the lease amount is equal to or lower than RMB per square meter per day, Party A will decide whether to cooperate with the investors according to the actual situation, and will not pay any fees to Party B regardless of whether the cooperation is successful or not.
Article 8 Party A's responsibilities
8. 1 Party A shall meet Party B's reasonable requirements in a timely manner, and provide Party B with information and documents needed for relevant business, so as to facilitate Party B to discuss matters and plans related to investment projects with investors.
8.2 During the validity of this Agreement, Party A has the right to manage Party B. ..
8.4 Party A has the right to adjust Party B's work, assign tasks within the scope of Party B's duties and provide Party B with work convenience.
8.5 Party A has the right to examine and supervise Party B's work performance.
8.6 Prior to the formal signing of the contract between Party A and the investor, the preliminary business communication between Party B and the investor and the negotiation and implementation of related expenses have nothing to do with Party A's responsibility.
8.7 Party A promises that the accommodation arrangements for investment enterprises confirmed and recommended by Party B and Party A or enterprises that have inspected Party A's investment environment will be received by Party A's officials. The specific reception method and expenses shall be decided by both parties through consultation according to the actual investor's strength and investment intention.
8.8 Party A shall timely reflect and feed back to Party B the information and investment intentions of the enterprises recommended by Party B to visit Party A, as well as the existing problems and solutions.
8.9 Party A has the right to ask Party B's well-known enterprises with strength to visit and invest in Party A, and Party B should try its best to seize the opportunity, but Party A does not rigidly stipulate it in the form of documents.
Article 9 Responsibility of Party B
9. 1 During the term of this agreement, Party B must make efforts to negotiate with investors, introduce Party A's best investment environment, most favorable investment policies and landing conditions to investors, and strive for investors to invest in this place.
9.2 Party B shall take effective measures to facilitate Party A to sign cooperation agreements with investors on investment projects.
9.3 After signing the cooperation investment promotion contract with Party A, Party B shall report to Party A the investment promotion work and progress, as well as the business exchange and cooperation partners irregularly or regularly every other day.
9.4 Party B shall not pretend to be the agent of Party A, unless it is related to Party A's appointment of the agent for this project;
9.5 Party B shall not promise or solve any matters in the name of Party A, or take Party A's credit as a guarantee, or make any guarantee on behalf of Party A, or make Party A bear any legal responsibilities or business cooperation;
9.6 Party B shall keep confidential the information obtained from Party A in any way, and use it only for attracting investment and serving Party A, and shall not disclose it to the outside world.
9.7 Party B must do its best to introduce high-specification, high-standard and high-level enterprises suitable for Party A's regional advantageous industries to visit and invest in Party A..
Article 10 Termination of the Agreement
10. 1 The expiration or termination of the entrustment to Party A according to the provisions of this agreement, for whatever reason, will not affect the rights and obligations of all parties to this agreement.
10.2 Party B must guarantee the investment progress and quality. In the process of investment promotion, if the subsequent investment promotion progress is slow or Party B fails to perform the contract, Party A has the right to notify Party B in writing to terminate this agreement. This Agreement shall be terminated 10 days after Party A sends a written notice to terminate this Agreement. After the termination of this Agreement, Party A does not need to pay any commission to Party B. ..
()% of the lessee's area or ()% of the lessee's area due to Party B's failure to complete the investment invitation before ().
() If Party B fails to complete the investment promotion before (), ()% of the lessee's contract area shall be deemed as slow investment promotion by Party B. ..
() If Party B fails to complete the investment promotion before (), and the leased store area exceeds ()% of the total investment promotion area for more than () days from () of the lessee's contract area to the expiration of this cooperation period, it shall be deemed that Party B fails to perform this Agreement.
Article 8 This Agreement shall not be modified or changed without the consent of both parties.
Law to be used in article 1 1
All provisions of this Agreement are formulated in accordance with the Constitution, Criminal Law, Civil Law, Contract Law, Economic Law and other existing relevant laws, decrees and regulations. However, after the agreement comes into effect, due to the promulgation of new laws, decrees and regulations or the revision of existing laws, decrees and regulations, any party's economic interests have undergone major changes, and should be resolved through consultation in time.
And make necessary amendments and adjustments to the relevant provisions of this agreement to ensure the normal economic rights and interests of both parties.
Article 12 Settlement of disputes
12. 1 All disputes arising from the execution of this agreement or related to this agreement shall be settled by both parties through friendly negotiation.
12.2 If negotiation fails, mediation can be conducted in Fengtai District People's Court of Beijing; If mediation fails, arbitration will finally be conducted in Fengtai District People's Court in Beijing according to international arbitration procedures.
12.3 in the course of disputes and disputes submitted to arbitration, both parties must continue to exercise their rights and perform their respective obligations in accordance with the provisions of the agreement, except for disputes submitted to the court.
12.4 The award of the arbitral tribunal is final and binding on both parties, and the legal fees (excluding the fees for hiring lawyers, which shall be borne by the losing party or ruled by the court).
This contract is made in duplicate, one for each party, and shall come into effect as of the date when the representatives of both parties sign it. (Total ***5)
Seal of Party A: Seal of Party B:
Model investment contract II
Client: (hereinafter referred to as "Party A")
Legal Representative: Address: Tel: Fax: E-mail:
Trustee: (hereinafter referred to as "Party B")
Legal Representative: Address: Tel: Fax: E-mail:
Party A entrusts Party B as the investment promotion agency for the commercial part of the project (tentative name, hereinafter referred to as the project), and both parties reach an agreement on the following terms through friendly negotiation, so that both parties can abide by them:
Rule number one promise
The "project" that Party A entrusts Party B to attract investment is located in, and the total construction area of its commercial part is about square meters. ?
Article 2 time of entrustment
The agency period of Party B is: after the contract comes into effect, to the completion of project investment and sales. ?
Article 3 Commitment and Confirmation
1. Party A promises that the company is an independent legal person with full civil subject qualification established and effectively existing in accordance with the Company Law of People's Republic of China (PRC).
2. Party A confirms and promises that before signing this contract, it has fully understood Party B's professional qualification, professional ability and work experience, and will fully respect the intellectual achievements provided by Party B for the purpose of this contract. Without the written consent of Party B, the intellectual achievements submitted by Party B shall not be used for other projects or purposes other than this project, or for other parties to use or learn from.
3. Party A confirms that it has complete ownership, development right and disposal right of this project, and has obtained corresponding certificates that there is no seizure, mortgage and other documents that hinder the investment promotion of this project, and maintains the validity of these documents.
4. Party B promises that the company is an independent legal person with full civil subject qualification, which is established and effectively exists in accordance with the Company Law of People's Republic of China (PRC).
5. Party B confirms that it has the legal qualification to engage in the entrusted work agreed in this contract, and promises to keep its qualification valid during the performance of this contract. Article 4 Obligations and Rights of Party A
1. Party A shall pay relevant service fees to Party B according to the stipulations of this contract.
2. Provide relevant project materials required for investment promotion, including but not limited to detailed floor plan, area table, complete architectural design scheme, preliminary market survey scheme, relevant land, development materials, development progress, company business license, development qualification certificate and other materials.
3. Inform the investment progress in time, and notify Party B in writing in case of any change in the lease conditions of the project.
4. Party A has the right to manage the investment promotion of this project in a unified way; Have the right to invite investment by themselves or entrust other units to conduct commercial investment for this project.
5. Party A shall provide the investment site and facilities required for investment promotion, and bear relevant expenses, including but not limited to investment promotion office decoration, office furniture, telephone, water dispenser, air conditioning and lighting, investment promotion hotline telephone fee, office equipment consumables, sales office utilities, daily office expenses, garbage removal fees, investment promotion personnel equipment, security and cleaning fees, etc. Article 5 Obligations and Rights of Party B
1. After signing the contract, Party B shall set up a project team and determine the project leader and project investment manager according to the investment progress.
2. Party B shall formulate the service outline of investment promotion service, determine the target customers and promotion strategies of potential business, and formulate the investment promotion process plan.
3. Conduct investment promotion within the scope authorized by Party A, and carry out necessary promotion and publicity activities according to the needs of investment promotion after consultation with Party A and confirmation by Party A, and the expenses shall be borne by Party A. ..
4. In the process of inviting investment, Party B shall truthfully introduce the project to customers according to the characteristics and conditions provided by Party A, and shall not make false propaganda. Party B shall not engage in any other activities other than the agency projects specified in this contract in the name of Party A. ..
5. Without the written authorization of Party A, Party B shall not make any promises to the merchants, otherwise the losses caused thereby shall be borne by Party B..
6. In the process of inviting investment, if there are any major issues, Party B shall notify Party A first, and then implement them with the written consent of Party A.. ..
7. Party B shall attend Party A's regular meeting related to investment promotion according to Party A's written notice (two days in advance). 8. Party B has the obligation to keep confidential the business secrets of Party A that it knows during the performance of this contract service. Without the written permission of Party A, Party B shall not disclose it to a third party, otherwise it shall be liable for breach of contract and compensate for the losses.
9. Party B shall, according to the provisions of national laws and regulations, organize its employees to complete the entrusted matters, improve the corresponding employment procedures, and bear the relevant expenses. If Party B's employees cause personal injury or economic loss to themselves and any third party during the performance of this contract, they shall bear corresponding legal responsibilities.
10. Party B has the right to charge Party A related service fees according to the agreement in this contract. Article 6 The charging standard, payment method and time of China Merchants Service Fee.
1. Before 20% of the leased area with foreign investment in this project is completed, Party B shall calculate the service fee at 2.0 times of the monthly rent of the completed investment shops; When the area of property leasing is 20%-60%, the service fee shall be calculated according to the monthly rent of completed investment shops 1.8 times; After 60% of property leasing area is completed, the service fee will be calculated according to the monthly rent of 65,438+0.6 times of the completed investment berth. (Note: "monthly rent" refers to the average monthly rent in the first year of the lease contract, excluding the rent-free preferential period and property management fee. )
2. After Party A signs the lease letter of intent with the merchant and receives the deposit from the merchant, Party A shall pay 50% of the investment promotion service fee to Party B according to the above agreed calculation method. After Party A signs a formal lease contract with the merchant and receives the down payment from the merchant, Party A will pay the remaining 50% of the investment promotion service fee for Party B. If Party A directly signs a formal lease contract with the merchant without signing a lease letter of intent and paying the down payment, Party A will pay 65,438+000% of the investment promotion service fee for Party B according to the above terms.
3. If the merchant signs a formal lease contract, it will be handled as follows:
If the merchant returns the house for his own reasons, Party A and Party B will each receive 50% of the confiscated merchant deposit or actual liquidated damages, and Party A will not pay the service fee separately, and the service fee charged by Party B will be returned to Party A in full ... If the property is recovered, it will attract more investment, and Party B will charge the service fee separately.
If the merchant returns the house due to Party A's reasons, Party A shall still pay the service fee to Party B as agreed. If the service fee has been collected, Party B will not refund it.
If the merchant returns the house due to Party B's reasons, Party B will not charge the service fee or refund the service fee already charged, and Party B will bear the down payment that causes Party A to compensate the merchant. ..
4. Party B shall submit the service fee statement to Party A at the end of each month. Upon verification by both parties, Party A shall pay the service fee to Party B by cheque or transfer within 10 days after Party B provides the invoice. Article 7 Contract Termination and Liability for Breach of Contract
1. Party A and Party B make it clear that any violation of the relevant commitments and confirmations in this contract is a fundamental breach of contract, and the observant party has the right to notify the other party to terminate the contract and demand the defaulting party to bear the penalty of RMB 200,000. If Party A employs an employee who has a labor relationship with Party B or has not terminated the labor relationship with Party B for more than six months, it shall bear a penalty of RMB 200,000.00 Yuan to Party B. If the penalty is insufficient to make up for the loss of the observant party, the observant party has the right to ask the defaulting party to make up for its loss.
2. If Party A fails to pay the service fee to Party B within the time stipulated in the contract, Party A shall pay Party B a penalty of 0.5 ‰ of the payable amount for each overdue day. If Party A fails to pay the corresponding service fee to Party B for 30 days beyond the time agreed in the contract, it shall be deemed that Party A's breach of contract has failed to achieve the purpose of the contract.
3. Within 65,438+00 days before the expiration of the contract, both parties can negotiate to renew the contract. If no renewal agreement is reached before the expiration of the contract, Party B will leave the on-site reception center for investment promotion within 65,438+00 days after all service fees are settled.
4. During the validity period of this contract, if the contract cannot be performed due to force majeure, it will not be regarded as a breach of contract, and then Party A and Party B will negotiate to solve the remaining problems.
5. Both parties make it clear that the losses include all expected benefits under this contract and reasonable expenses such as investigation fees, notarization fees, attorney fees and legal fees for realizing creditor's rights.
6. All disputes arising from the performance of this contract shall be settled by both parties through consultation. If negotiation fails, a lawsuit shall be brought to the people's court where the entrusted project is located. Article 9 Others
1. In view of the imperfect examination and approval procedures of this project, if it is necessary to adjust the project data according to the design planning requirements, Party B will unconditionally invite investment according to the adjusted data, and Party A will not bear any responsibility for this.
2. Use of logo: Party A agrees to print the name of Party B's company on the main publications, promotional materials and advertisements related to the investment promotion of this project, and indicate that Party B is the investment promotion agency of this project. When quoting each other's name marks or their relationship, Party A and Party B shall ensure that they are consistent with the contents of this Contract.
3. If there are any matters not covered, both parties shall determine through negotiation or sign a supplementary agreement separately. Relevant agreements, annexes to this contract and telegrams, faxes and meeting minutes recognized by both parties are integral parts of this contract and have the same legal effect.
4. This contract shall come into effect as of the date of signing. This contract is made in quadruplicate, with Party A and Party B holding two copies respectively, all of which are equally authentic.
Party a (signature): party b (signature): entrusted agent: bank of deposit: account number:
Date of signing:
Authorized agent: bank of deposit: account number: signing date:
Client: (hereinafter referred to as "Party A")
Legal Representative: Address:
Agent: (hereinafter referred to as "Party B")
Legal Representative: Address:
Model investment contract 3
Entrusting unit: (hereinafter referred to as Party A)
Person in charge:
Fax number:
Contact telephone number:
Address:
Trustee: (hereinafter referred to as Party B)
Person in charge:
Fax number:
Contact telephone number:
Association address:
Beijing address:
Date of signing the agreement:
Effective date of the agreement:
In order to increase Party A's efforts to attract investment, promote good results in attracting investment and accelerate local economic development, Party A and Party B, through consultation, have reached the following agreement on setting up an investment promotion office in Party B and entrusting Party B to provide investment promotion services for Party A:
I. Confirmation of authorization:
Party A agrees to authorize Party B to engage in the solicitation and sponsorship of this activity and other work and matters required for the smooth progress of this activity. Party B agrees to assist Party A in attracting investment and other related work and affairs for this activity.
2. Party A will formally set up an investment promotion office in Party B on (month) for a tentative year, that is, from (month) to (month). According to the agreement between Party A and Party B, during the validity of this agreement, Party A shall pay Party B the start-up expenses and office expenses of the investment promotion office on (month), totaling RMB (in words), and Party A will pay it to Party B in the form of bank remittance or cash within one week after this agreement comes into effect.
3. After Party B formally establishes the investment promotion office, Party A will provide Party B with a batch of investment promotion materials, such as graphic materials (brochures) and multimedia materials (CDs or slides), for Party B to use when introducing to investment promotion customers and key customers. At the same time, Party A will also provide Party B with the link address and icon of its investment promotion website, so that Party B can use the network to help Party A attract investment.
Four. During the term of this agreement, Party B will provide the following investment promotion services to Party A:
(1) Provide office space and office equipment for Party A's Investment Promotion Office, and equip two full-time staff to communicate with more than 20 member units, governing units and vice-president units.
(2) Provide investors with investment information by telephone, fax, email, etc. for Party A's investment consultation.
(3) Conduct publicity and promotion of investment promotion projects for Party A for two months on industry websites and association websites, and conduct docking and business negotiations with interested businesses, including:
(4) Provide Party A with the investment information of foreign businessmen, Taiwanese businessmen and domestic merchants, and select interested investors to conduct on-the-spot investigation in Party A's local area to track the service of investors. All expenses for interested investors to visit Party A's local site shall be borne by Party A. 。
(5) Make full use of the professional economic platforms such as China Enterprise Association Jewelry Merchants Association, China Investment Promotion Association, China Enterprise Network, China Investment Promotion Network, China Jewelry Network and _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
(6) Announce Party A's participation information at the meeting of the Standing Council of Jewellery Chamber of Chinese Enterprise Association and put it on the agenda of the meeting.
(7) Open Party A's exhibition information forums on various websites to increase investment in exhibitions.
Verb (abbreviation of verb) Both parties shall abide by this agreement. During the execution period, except for force majeure, neither party shall terminate or violate this agreement at will. If there are any outstanding matters, both parties shall negotiate, and the supplementary contents shall have the same effect as the text of the agreement.
For the investment project recommended by Party B and successfully implemented through business negotiation, Party A will take% of the investment situation as Party B's royalty reward. The commission reward shall be paid to Party B according to the proportion of the project funds actually put in place by the investor, and the payment time shall be within seven working days after the investor puts in place the project funds.
Seven. Party B has the right to terminate this Agreement if Party A:
(1) Party A provides false investment information;
(2) Party A fails to perform the matters specified in the agreement signed with Party B;
(3) Party A fails to perform the contracts, articles of association and commitments to investors recommended by Party B. 。
Eight, this agreement is a top secret agreement, Party A shall not disclose the relevant contents of this agreement to a third party, otherwise it will compensate the other party for _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
Nine, investment activities in the early office expenses are divided into three levels (see Annex).
X. Precautions:
1. This agreement shall come into effect after the office expenses required for investment promotion entrusted by Party A are used in Party B's account.
2. Party A shall remit the required expenses to Party B's account within seven days from the date of signing this agreement. Overdue is deemed to be a waiver of this agreement.
XI。 This agreement is made in duplicate, one for each party, and shall come into effect as of the date of signature.
Party A (seal): Party B (seal):
Person in charge: person in charge:
Address: Address:
Tel: Tel:
Chuan Zhen: Chuan Zhen:
Date of entrustment: Date of entrustment:
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