cordance with the
stipulations of the contract; and
(2) to accept the result of work from the servicing party and
to pay remuneration according to schedule.
The main obligations of the servicing party under a technical
service contract shall be:
(1) to accomplish services stipulated in the contract and solve
technical problems according to schedule and to guarantee the quality
of its work; and
(2) to impart to the other party its knowledge concerning the
solution of technical problems.
@@ Article 49. If the commissioning party under a technical
service contract breaches the contract and thereby affects the
progress and quality of the work, or fails to accept the result of
the work from the servicing party or fails to accept it according
to schedule, it shall pay the remuneration in full.
If the servicing party under a technical service contract
fails to accomplish its services in accordance with the stipulations
of the contract, it shall forfeit its remuneration and pay breach
of contract damages or compensate for the losses.
@@ Article 50. Unless otherwise provided for in the contract,
any new technical achievements made by the consulting party or the
servicing party in performing a technical consultancy contract or
a technical service contract by utilizing the technical materials and
work facilities provided by the commissioning party shall belong
to the consulting party or the servicing party, and any new
technical achievements made by the commissioning party by
utilizing the results of work of the consulting party or the
servicing party shall belong to the commissioning party.
CHAPTER VI ARBITRATION AND LITIGATION CONCERNING DISPUTES OVER
TECHNOLOGY CONTRACTS
@@ Article 51. If a dispute arises from a technology contract, the
parties may resolve it through consultation or mediation. If
the parties are unwilling to resort to consultation or mediation,
or if consultation or mediation fails, they may, in accordance with
the arbitration clause in the contract or a written arbitration
agreement reached after the dispute arises, apply to an
arbitration institution designated by the state for arbitration.
If one party fails to carry out within the prescribed period an
arbitration award made by an arbitration institution, the other party
may apply to the people's court for compulsory enforcement.
If the parties have not included any arbitration clause in the
contract and have not reached any written arbitration agreement
subsequent to the occurrence of the dispute, a suit may be brought in
the people's court.
@@ Article 52. The limitations of action for bringing a suit
and the period for applying for arbitration in connection with
disputes arising上一页 [1] [2] [3] [4] 下一页
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