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Construction project owner pays the guarantee contract


Contract number: _________
Party A: _________ Company legal representative: _________
address:_________
Zip code: _________
contact number:_________
Party B: _________
Legal representative: _________
address:_________
Zip code: _________
contact number:_________
The construction project owner's payment guarantee contract is concluded by the parties listed above in _________ on ________________________________________________________________________________________________________________________________________________________
In view of:
Party A and Party B reached a contract for the payment of the construction project owner by consensus. The contract is as follows:
Article 1 In order to ensure that Party B and _________ sign the contract number _________ years _________ word _________ under the construction contract, Party B's payment obligation is effectively fulfilled, and Party A is willing to use the owner's guarantee operation right to be the owner of Party B. Provide warranty responsibility. In order to clarify the rights and obligations of both parties, in accordance with the "Contract Law of the People's Republic of China", the "Guarantee Law of the People's Republic of China" and other relevant laws and regulations, Party A and Party B shall conclude this contract by equal agreement.
Article 2 In accordance with the relevant provisions of the "Guarantee Law of the People's Republic of China", Party A is willing to provide joint liability for the construction contract signed by Party B and the contractor in accordance with the terms of the contract in the case of a clear understanding of the terms of the construction contract. .
Article 3 Before Party A provides Party B with joint and several liability guarantees, Party B must:
1. Provide Party A with one or more of the following counter guarantees:
At the request of Party B, the enterprise legal person or natural person approved by Party A shall formally issue to Party A an irrevocable joint and several liability counter-guarantee guarantee with Party A as the beneficiary.
The property is mortgaged to Party A as a guarantee for repaying the debt. The two parties also set a separate "mortgage contract." The relevant contents of the collateral are listed in the attached file of the contract.
Other means of counter-guarantee measures approved by Party A.
2. It is agreed that Party A has the right to dispose of the above collateral in order to offset the debts that Party A seeks to recover from the Party B.
Article 4 When the contractor claims to Party A in accordance with the guarantee responsibility, and Party A considers that the claim file, document or certificate complies with the guarantee responsibility, Party A shall pay Party B for the performance of the guarantee obligation, Party A shall The heirs and assignees have absolute recourse, and are not affected by Party B's acceptance of any instructions of the superior unit and any contract or file signed between Party B and any unit. Party B shall not refuse to pay for any reason.
Article 5 Party A has the right to compensate Party B for the amount of compensation, and also to compensate Party B for the amount of compensation for the actual compensation days from the date of compensation from Party B to the _________‰/day of the compensation amount. Party B must unconditionally pay Party A all the money, fees and compensation payable within _________ days after receiving Party A's debt collection notice.
Article 6 Modification of the guarantee clause.
If Party B requests Party A to modify the contents of the guarantee letter, it shall submit to Party A a written application for modification and a written approval file of the bank for the modification. In the case of increasing the guarantee amount or the guarantee extension period, Party B must also increase or extend Party A accordingly. The protection of the party, otherwise Party A does not accept the application for modification by Party B.
Article 7 Guarantee fees.
When Party A signs a guarantee contract with Party B, Party A shall pay Party A the guarantee fee and other related expenses in accordance with the following provisions:
1. Guarantee fee:
The guarantee fee is based on the guarantee amount and is calculated at the annual rate of _________%.
The guarantee fee is charged on a monthly basis, and is charged for one month in less than one month, and is charged once in the case of a guarantee letter.
2. other expenses:
Party B shall pay the other expenses incurred by Party A in excess of the normal circumstances due to the issuance of the letter of guarantee.
3. Performance bond:
Some clients need to deposit a certain amount of performance bond with the cooperative bank before applying for Party A's guarantee. The deposit is mainly used for the performance fee incurred by Party B after the debt has expired and Party B is unable to perform the repayment obligation. The deposit is in cash. The form is provided in the amount of _________-____________% of the amount of the guarantee provided. When Party B fulfills the contract as scheduled, Party A shall notify the bank to directly transfer the principal and interest back to Party B's account.
Article 8 Settlement of Disputes This contract shall be governed by the relevant laws of the People's Republic of China. In the performance of this contract, if disputes or disputes arise, the parties concerned shall first resolve the dispute through consultation; if the negotiation cannot be resolved, the parties agree to file a lawsuit in the people's court of the local party where Party A is located. . The corresponding judgment is binding on all parties to the contract.
Article 9 Liability for breach of contract
1. Party A's responsibility If Party A fails to perform its obligations in accordance with this contract, it shall bear a fine of _________ yuan to Party B.
If Party A violates its representations, warranties or other obligations made in this contract and causes Party B to suffer losses, Party B has the right to request Party A to compensate.
2. Party B's Responsibilities If Party B fails to perform its obligations in violation of this contract, Party B shall pay a penalty of _________ yuan to Party A.
If Party B violates its representations, warranties or other obligations in this contract and causes Party A to suffer losses, Party A has the right to request Party B to compensate.
Article 10 Conditions for Entry into Force This contract shall come into force on the date on which the legal representative of the parties or their authorized agent signs and affixes the official seal on this contract.
This contract is a _________ share with the same legal effect. Each party shall hold _________ copies, and the contractor and the competent construction department shall each hold _________ copies, and the other shall be used to perform relevant legal procedures.
person A person B:_________
Legal representative: _________ Legal representative: ______

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