le 108 A technical medium contract should contain the following
clauses:
(1) name of project;
(2) contents and requirements of medium;
(3) coverage of technical services;
(4) time limit, place and method of performance;
(5) remuneration, operational expenses and mode of payment;
(6) method for computing default fines or compensation for losses; and
(7) ways for settling disputes.
Article 109 The contracting parties may conclude separate technical
medium contracts, or include medium clauses in the technical contract
signed by the entrusting party and a third party.
A separate technical medium contract becomes valid after the entrusting
party and the medium party sign and seal the instruments. A contract
with medium clauses becomes valid after the entrusting party, the third
party and the medium party sign and seal the instruments.
The entrusting party and the medium party may reach a written agreement
on expenses for the activities of the medium party before the contract
becomes valid.
If the entrusting party and the third party fail to reach agreement on
the signing of the contract, the entrusting party should pay for the
activities by the medium party.
Article 110 The main obligations of the entrusting party to a technical
medium contract are:
(1) to state factually the requirements for signing contract and provide
the related background information;
(2) to bear the expenses for the activities of the medium party in
accordance with contractual agreement; and
(3) to pay remuneration in accordance with the contractual agreement.
The main obligations of the medium party to a technical medium contract
are:
(1) to reflect truthfully the contract performing abilities, technical
achievements and credit worthiness of the entrusting and the third
parties so as to bring about transaction between the entrusting party
and the third party;
(2) to be honest and trustworthy and keep technical secrecy of the
entrusting and the third parties; and
(3) to provide the entrusting party and the third party with the agreed
services in concluding and performing the contract.
Article 111 The activity expenses of the medium party refer to spending
on correspondence, transport and necessary investigations and study in
making contacts and conducting introductory activities on the part of
the medium party before the entrusting party and the third party sign a
contract. The contracting parties may agree upon the amount of activity
expenses in the contract. In absence of such an agreement in the
contract, the entrusting party should pay such expenses as actually
spent by the medium party.
The remuneration of the medium party refers to the payment due to the
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