三方代理协议英文

CONSULTANCY SERVICE AGREEMENT FOR _ _ CONTRACT _Among FactoryAnd Abroad AgencyAnd Domestic AgencyMonth , YearCONSULTANCY SERVICE AGREEMENT FOR CONTRACT _This Consultancy Service Agreement reached on Month Date, Year (hereinafter referred to as this “Agreement”)BY AND AMONGFactory (hereinafter referred to as “Party A”), a limited liability company incorporated and registered in the Peoples Republic of China with legal address of _, represented by its president _ANDAbroad Agency(hereinafter referred to as “Party B”) a company incorporated and registered in _, legal represented by_Domestic Agency(hereinafter referred to as “Party C”) a company incorporated and registered in the Peoples Republic of China with legal address of , _ legal represented by its General Manager _Party A , Party B and Party C shall be hereinafter individually referred to as a “Party” and collectively referred to as the “Parties”.PREAMBLE WHEREAS Party A intends to appoint Party B and Party C as its local Consultant for the “CONSULTANCY SERVICE AGREEMENT FOR _ (hereinafter referred to as Project),conducted by _ (hereinafter referred to as Project Owner), to be executed in _(hereinafter referred to as the “Place”),and Party B and Party C intends to accept such appointment from Party A。WHEREAS the Parties wish to set forth certain detailed rules of cooperation between them in a binding written document; NOW THEREFORE, the Parties hereby agree to be bound by the following terms and conditions in the course of their cooperation under this Agreement: Clause 1Nature of relationship between the Parties 1.1 It is expressly understood and agreed between the Parties that by entering into this Agreement, it does not mean to form or establish any partnership or other form of business association between the Parties hereto and each Party shall remain a separate entity from the other Party.1.2 During the validity period of this Agreement, Party B and party C shall not work for any third party that intends to win the bid for the Contract or otherwise pursuit the Contract of the same Project agreed by the Parties to be pursuit by Party A. Clause 2Scope of Consultancy Service 2.1 Party A hereby appoints Party B and part C to act as its Consultant for”CONSULTANCY SERVICE AGREEMENT FOR ” _” project and Party B and part C accepts such appointment from Party A in accordance with the terms and conditions specified under this Agreement。Clause 3Obligations of Party B 3.1 In this Agreement, and during the tender, Party B shall:a.) Advise on the strategies and tactics of its participation in the public tendering process，or selected invitation for contract negotiation so as to enable Party A to develop a competitive and viable qualification application or tender for the Project. 2) During the bidding stage and bid evaluation stage, Party B shall be responsible for communicating with project office, providing guidance to technical and commercial documents and assist in winning the bid. b. Provide Party A with timely advice as to the best and possible actions to be taken or followed by Party A at different stages so as to enable Party A to respond to the requirements of the Project owner (hereinafter referred as the “Employer”) and/or different situations in a timely and correct manner, during the tender process.c) Collect, gather and provide Party A for its consideration all available information in respect of the tender process from various sources, including but not limited to information relating to the Employer, the government authorities involved, and the local or other international participants. d) Review and assist Party A in completion of the formats (Annexes to be filled by Tenderers) included in the Tender Documents issued by the Employer to ensure the formats, as completed by Party A, comply with the Contractors requirements and practices. However, Party A may, if it deems necessary, contract an external attorney to verify whether Party As documentation in this respect satisfies the tender requirements and conforms to the laws and regulations of the territory, in which case, Party A will directly cover this attorneys fees. e) Assist Party A to collect and sort out price, market and legal information (regulations, laws, by-laws and decrees, etc.) on customs clearance, import & export of equipment, plant and materials, land transportation and marine shipment, etc. Party B recommends to hire specialists for this purpose. Party B will assist in recommending these specialists to Party A, and also provide its opinion when requested. Costs will be on Party A.f) Assist Party A to collect and sort out information related to recruitment, employment and dismissal of local staff and laborers (including but not limited to laws and regulations and trade practices on salary, wages, overtime compensations, welfare, social insurance and medical insurance, income taxes, etc.); Party B will assist in the manner of recommending the specialist for this purpose, and will provide its opinion when requested. Costs will be on Party A.g) Assist Party A to collect and sort out information and regulations on expatriate staff working in the territory for similar project (including but not limited to entry visa, work/residence permit, income and other taxes, fees and dues to be paid by the expatriate employees and the company, etc.); Party B will assist in the manner of recommending the specialist for this purpose, and will provide its opinion when requested. Costs will be on Party A.h)Assist Party A to collect and sort out information of local taxations including custom duties, royalties, stamp dues, income taxes and any other taxes, fees, dues or levies imposed by governmental agencies, semi-governmental entities or non-governmental bodies in relation to the performance of the Contract for the Project. Party B will provide basic information. Specific information may be provided by specialists, or specific local personnel hired by Party A.i)Assist Party A to collect and sort basic out price information of fuel, gas, electricity, water and local materials, equipment and products, etc. as per the requirement of Party A;j)Assist Party A to obtain basic information on project insurance, including identifying, recommending local insurance companies, collecting law, by-law and regulations in respect of insurance for execution and performance of Contract for the Project;K)Promote Party A to the Employer and relative government authorities of the Territory as well as local engineering and construction communities so as to gain Party A a favorable and positive position to pursue the Contract for the Project. l) Coordinate and keep close contact with the Employer and Party A so as to keep Party A updated of the developments and/or changes in the tendering process;m) Track and keep Party A informed of the actions of the Employer and, if possible, of potential participants and competitors. n) Advise Party A and providing Party A with business intelligence in its negotiations with the Employer, the relevant government authorities of the Territory and any other relevant parties in the tendering process for the Project. 0) Support in the actions for opening the technical and financial proposals. Party B shall participate with Party A in these events and advice Party A as to responses to any Employers questions or concerns;P) Assist Party A as to printing, binding and packaging of Party As tender documentations;q) Advise Party A to get the necessary formalities and documents to come to the territory, including entrance visa, labor visas and work permits, recommend travel plans. r) Coordinate visits and schedule meetings for Party As executives in the Territory, as well as public relations activities. It is stated that this duty has begun; Party B has provided the assistance.s) Advising the Party A in having any bank guarantee or other forms of guarantees, issued by Party A relating to Project. 3.2In addition to the above, Party B shall also render business intelligence services concerning the tendering process and concerning signing of Contract with the Contractor in relation to the Project. Before the Contractor or any governmental and non-governmental agencies or entities intervene in the Project, advise Party A in advance to take prompt actions and damage/risk-control strategies, and assist Party A by continuously providing liaison services in connection with the different stages of the Project. Services to be rendered to Party B by Party A under this Agreement will be hereinafter referred to as the “Consultancy Services”.3.3Unless otherwise expressly stipulated herein, all costs and expenses incurred by Party B in the course of providing Consultancy Services under this Agreement shall be solely born by Party B. However, if Party A entrusts Party B to incur certain costs or expenses with express prior written consent to reimburse Party B, Party A will subsequently reimburse Party B according to such consent. For the avoidance of doubt, in the absence of such express prior written consent, no subsequent reimbursement will be made by Party A.3.4Party B shall, and shall ensure that its employees through whom it provides the Consultancy Services will, comply strictly with all applicable laws, national and local regulations in connection with the provision of the Consultancy Services. Party A shall not be responsible for any acts of Party B , which violate laws of Ethiopia（place）. In the event of Party A incurs any loss or cost due to illegal act above of Party B, Party B shall compensate Party A for such loss or cost.Clause 4Obligations of Party C 4. 1 in this Agreement, and during the tender, Party C shall:a.) Advise on the strategies and tactics of its participation in the public tendering process，or selected invitation for contract negotiation so as to enable Party A to develop a competitive and viable qualification application or tender for the Project. 2) During the bidding stage and bid evaluation stage, Party C shall be responsible for communicating with project office, providing guidance to technical and commercial documents and assist in winning the bid. b. Provide Party A with timely advice as to the best and possible actions to be taken or followed by Party A at different stages so as to enable Party A to respond to the requirements of the Project owner (hereinafter referred as the “Employer”) and/or different situations in a timely and correct manner, during the tender process.c) Collect, gather and provide Party A for its consideration all available information in respect of the tender process from various sources, including but not limited to information relating to the Employer, the government authorities involved, and the local or other international participants. d) Review and assist Party A in completion of the formats (Annexes to be filled by Tenderers) included in the Tender Documents issued by the Employer to ensure the formats, as completed by Party A, comply with the Contractors requirements and practices. However, Party A may, if it deems necessary, contract an external attorney to verify whether Party As documentation in this respect satisfies the tender requirements and conforms to the laws and regulations of the territory, in which case, Party A will directly cover this attorneys fees. e) Assist Party A to collect and sort out price, market and legal information (regulations, laws, by-laws and decrees, etc.) on customs clearance, import & export of equipment, plant and materials, land transportation and marine shipment, etc. Party C recommends to hire specialists for this purpose. Party C will assist in recommending these specialists to Party A, and also provide its opinion when requested. Costs will be on Party A.f) Assist Party A to collect and sort out information related to recruitment, employment and dismissal of local staff and laborers (including but not limited to laws and regulations and trade practices on salary, wages, overtime compensations, welfare, social insurance and medical insurance, income taxes, etc.); Party C will assist in the manner of recommending the specialist for this purpose, and will provide its opinion when requested. Costs will be on Party A.g) Assist Party A to collect and sort out information and regulations on expatriate staff working in the territory for similar project (including but not limited to entry visa, work/residence permit, income and other taxes, fees and dues to be paid by the expatriate employees and the company, etc.); Party C will assist in the manner of recommending the specialist for this purpose, and will provide its opinion when requested. Costs will be on Party A.h)Assist Party A to collect and sort out information of local taxations including custom duties, royalties, stamp dues, income taxes and any other taxes, fees, dues or levies imposed by governmental agencies, semi-governmental entities or non-governmental bodies in relation to the performance of the Contract for the Project. Party C will provide basic information. Specific information may be provided by specialists, or specific local personnel hired by Party A.i)Assist Party A to collect and sort basic out price information of fuel, gas, electricity, water and local materials, equipment and products, etc. as per the requirement of Party A;j)Assist Party A to obtain basic information on project insurance, including identifying, recommending local insurance companies, collecting law, by-law and regulations in respect of insurance for execution and performance of Contract for the Project;K)Promote Party A to the Employer and relative government authorities of the Territory as well as local engineering and construction communities so as to gain Party A a favorable and positive position to pursue the Contract for the Project. l) Coordinate and keep close contact with the Employer and Party A so as to keep Party A updated of the developments and/or changes in the tendering process;m) Track and keep Party A informed of the actions of the Employer and, if possible, of potential participants and competitors. n) Advise Party A and providing Party A with business intelligence in its negotiations with the Employer, the relevant government authorities of the Territory and any other relevant parties in the tendering process for the Project. 0) Support in the actions for opening the technical and financial proposals. Party C shall participate with Party A in these events and advice Party A as to responses to any Employers questions or concerns;P) Assist Party A as to printing, binding and packaging of Party As tender documentations;q) Advise Party A to get the necessary formalities and documents to come to the territory, including entrance visa, labor visas and work permits, recommend travel plans. r) Coordinate visits and schedule meetings for Party As executives in the Territory, as well as public relations activities. It is stated that this duty has begun; Party C has provided the assistance.s) Advising the Party A in having any bank guarantee or other forms of guarantees, issued by Party A relating to Project. 4.1In addition to the above, Party C shall also render business intelligence services concerning the tendering process and concerning signing of Contract with the Contractor in relation to the Project. Before the Contractor or any governmental and non-governmental agencies or entities intervene in the Project, advise Party A in advance to take prompt actions and damage/risk-control strategies, and assist Party A by continuously providing liaison services in connection with the different stages of the Project. Services to be rendered to Party C by Party A under this Agreement will be hereinafter referred to as the “Consultancy Services”.4.2Unless otherwise expressly stipulated herein, all costs and expenses incurred by Party C in the course of providing Consultancy Services under this Agreement shall be solely born by Party C. However, if Party A entrusts Party C to incur certain costs or expenses with express prior written consent to reimburse Party C, Party A will subsequently reimburse Party C according to such consent. For the avoidance of doubt, in the absence of such express prior written consent, no subsequent reimbursement will be made by Party A.4.3Party C shall, and shall ensure that its employees through whom it provides the Consultancy Services will, comply strictly with all applicable laws, national and local regulations in connection with the provision of the Consultancy Services. Party A and Party B shall not be responsible for any acts of Party C , which violate laws of China（place）. In the event of Party A incurs any loss or cost due to illegal act above of Party C, Party C shall compensate Party A for such loss or cost.Clause 5Obligations of Party A In this Agreement, Party A shall:a) Provide necessary information and documents to Party B and Party C to enable the latter to perform its Consultancy Services as per specified under this Agreement; “_”b) Make payments for the Consultancy Fee in accordance with this Agreement for Clause 6 Consultancy Service Fee 6.1-In relation to the Project, the Parties hereby agree that the Consultancy Fee payable by Party A to Party B shall be _% of the total bid price and _% of total bid price by Party A toParty C after the award of the bid, the signing of the contract and the advance payment(USD part) made by the Employer for this bid of “_”6.2-Party A is responsible for all taxes that will occur in P.R. China.6.3The Consultancy Fee shall be paid in United States Dollar 6.4The Consultancy Fee shall be paid by Party A to Party B and Party C to any nominated account as informed to Party A by Party B and party C in writing.6.5Any expenses and all other cost incurred by Party B and Party C during performing the obligation under this Agreement are also included in the Consultancy Fee. Except for the Consultancy Fee under the present contract, no other payment shall be paid to Party B and Party C.Clause 7Payment of Consultancy Fee The consultancy services fees for the Project shall become payable in accordance with the schedule set forth hereinafter if and only if Party A has been awarded the Contract for such Project:a.Within ten (7) working days after the later of (i) Party As signing of the Contract for the Project with the Employer, and (ii) Party As receipt of the USD part advance payment (if any) under such Contract, and for each progressive payment in such a way:1. First Payment: 90% (Ninety percent) of the total Remuneration commission shall be paid by Party A to Party B and Party C, within Ten (7) working days after the receipt of the full advance payment under Project from the Project Owner, provided that the Contract had been validated. 2. Second Payment: up to 10% (Ten percent) of Remuneration commission shall be paid by Party A to Party B and Party C within Ten (7) working days after Party A has received the second payment