国际技术转让加设备进口合同

国际技术转让加设备进口合同,标签：技术开发合同,技术咨询合同,http://www.qz26.com
38.2if:
（a）the buyer has failed to pay the supplier any sum due under thecontract within the specified period， or has failed to approve any invoiceor supporting documents without due cause or amend the letter of creditand the letter of guarantee delivered to the supplier pursuant to article13 （terms of payment）hereof， or commits a substantial breach of thecontract， the supplier may give a notice to the buyer requiring payment ofsuch sum， with interest thereon as stipulated in article 13.4 hereof， orrequiring approval of such invoice or supporting documents or theamendment of such letter of credit and such letter of guarantee orspecifying the breach and requiring the buyer to remedy the same， as thecase may be. if the buyer fails to pay such sum together with suchinterest or fails to approve such invoice or supporting documents or giveits reasons for withholding such approval or amend such letter of creditand such letter of guarantee or fails to remedy the breach or take stepsto remedy the breach within fourteen （14）days after receipt of thesupplier's notice; or

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（b）the supplier is unable to carry out any of its obligations underthe contract for any reason attributable to the buyer， including but notlimited to the buyer's failure to provide access to the contract plant orother areas or failure to obtain any governmental permit necessary for theexecution and/or completion of the works;
then the supplier may by notice to the buyer suspend performance ofall or any of its obligations under the contract， or reduce the rate ofprogress.
38.3if the supplier's performance of its obligations is suspended orthe rate of progress reduced pursuant to this article 38， then the timefor delivery shall be extended in accordance with article 37 （extension oftime for delivery）hereof and any and all additional costs or expensesincurred by the supplier as a result of such suspension or reduction shallbe paid by the buyer to the supplier in addition to the contract price，except in the case of suspension order or reduction in the rate ofprogress by reason of the supplier's default or breach of the contract.
38.4if the supplier's performance of its obligations is suspendedpursuant to this article 38 for a period longer than ten （10）weeks， thesupplier may repatriate the supplier's engineer and its sub-contractors'personnel at the buyer's cost with the prior written consent of the buyer.
article 39.termination
39.1termination for buyer's convenience
39.1.1the buyer may at any time terminate the contract for any reasonby giving the supplier a notice of termination which refers to thisarticle 39.1.
39.1.2upon receipt of the notice of termination under article 39.1.1above， the supplier shall either immediately or upon the date specified inthe notice of termination:
（a）cease all further works， except for such work as the buyer mayspecify in the notice of termination for the sole purpose of protectingthat part of the works already executed; and
（b）terminate all sub-contracts， except those to be assigned to thebuyer pursuant to paragraph （d）（ii）below; and
（c）repatriate the supplier's engineer and its sub- contractors'personnel from the contract plant; and
（d）ubject to the payment specified in article 39.1.3 below:
（i）deliver to the buyer the parts of the works executed by thesupplier up to the date of termination; and（ii）to the extent legally possible assign to the buyer all right，title and benefit of the supplier to the works and in the equipment as atthe date of termination， and， as may be required by the buyer， in anysub-contracts concluded between the supplier and its sub-contractors; and（iii）deliver to the buyer all drawings， specifications and otherdocuments prepared by the supplier or its sub-contractors as at the dateof termination in connection with the works.

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