between the
entrusting party and the third party and for the performing of contract.
The amount should be agreed upon by the contracting parties.
Article 112 Failing to perform the technical medium contract, the
entrusting party should bear the following responsibilities:
(1) If the entrusting party changes ideas at will thus rendering the
medium party's effort futile and causing losses of its reputation, it
should offset the adverse influence, restore reputation, pay default
fines or compensate for the losses.
(2) If the entrusting party fails to pay remuneration or activity
expenses after the due date, the medium party has the right to cancel
the contract and the entrusting party should pay remuneration or
activity expenses retroactively and compensate for the losses caused
thereby to the medium party.
Article 113 If the medium party to a technical medium contract fails to
perform the contract, it should bear the following responsibilities:
(1) to pay default fines or compensate for the losses for concealing the
truth about the third party, thus causing losses to the entrusting
party; to compensate for the losses for concealing the truth about the
entrusting party, thus causing losses to the third party;
(2) to pay default fines or compensate for the losses for violating the
obligations of keeping secret and, to compensate for losses to the third
party, if losses are incurred; or for taking advantage of its capacity
as a medium party to provide and transfer the technical achievements of
the entrusting party of the third party in its own name and without
authorization.
Article 114 If the medium party maliciously colludes with the entrusting
party or the third party in infringing upon the interests of the other
party, the medium party and the entrusting party or the third party
should bear joint and several liabilities.
Article 115 With the approval of the entrusting party, the medium side
may transfer medium, but is not allowed to demand the entrusting party
to pay remuneration and activity expenses to the medium transferred.
Article 116 If a citizen entrusts a medium agency to provide service for
concluding a technical contract, the medium agency may handle expenses
settlement on behalf of the citizen.
CHAPTER VII ARBITRATION AND LEGAL PROCEDURE FOR SETTLING DISPUTES OVER
TECHNICAL CONTRACT
Article 117 When disputes arise from a technical contract, the parties
concerned may settle it through consultation or ask related departments
and organizations for mediation.
When disputes arise from a contract for scientific and technological
project listed in the stage plan, the parties concerned may request for
mediation by an institution in charge at the next higher level.
When disputes arise from a cont上一页 [1] [2] [3] [4] [5] [6] [7] [8] 下一页
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