[Boutique] project cooperation agreement
Part 1: Project Cooperation Agreement
Project cooperation agreement: project sponsor and project technical leader
A:, ID number:, hometown
B: ID number: , birthplace
Party A and Party B have entered into cooperation agreements based on the principles of fairness, equality and mutual benefit as follows:
Article 1 Party A and Party B voluntarily cooperate in the operation of plastic and metal paint projects with a total investment of 200,000 yuan. Party A contributes 150,000 yuan in RMB, and Party B contributes 50,000 yuan in technology and customer resources.
Article 2 The partnership forms a partnership enterprise according to law. During the partnership period, the partners contribute the joint property and may not be divided at will. After the partnership ends,
The capital contribution of each partner is still owned by the individual and will be returned at that time.
Article 3 The term of operation of the partnership enterprise is three years. If you need to extend the time limit, go through the relevant procedures six months before the expiration.
Article 4 The two parties jointly operate, and the proceeds from the execution of the partnership firm by the partners belong to all the partners, and the losses or civil liabilities incurred by the partners are owned by all the partners.
Article 5 The fixed assets and surplus of the enterprise shall be distributed according to the proportion of Party A's 60% and Party B's 40% of the net profit obtained.
Article 6 Corporate debt shall be borne by 60% of Party A and 40% of Party B. After either party repays the debt externally, the other party shall pay off the part of the burden to the other party within 10 days.
Article 7 The fixed investment of 10% of the total sales profit of the project products shall be made annually. Sales profit dividend, one year settlement
Article 8 The parties may supplement the provisions of this Agreement, and the Supplementary Agreement shall have the same effect as this Agreement.
Article 9 This Agreement shall be in duplicate and one copy of each of the partners. This Agreement shall enter into force on the date of signature by the Partner.
Article 10 From the date of signing the agreement, Party B shall be responsible for technical and market development and follow-up after sale, and Party A shall be responsible for management and daily affairs.
Article 11 The validity period of this Agreement shall be tentatively fixed for three years, counting from the date of signature by the representatives of both parties, from __ __ years __month __ day to ____ years __ month __ days.
Article 12 Dispute Resolution
1. The disputes relating to this contract arising from the execution of this contract shall be settled in accordance with the principle of friendly negotiation;
2. If the two parties cannot reach an agreement through negotiation, they shall submit it to the Arbitration Commission for arbitration or to the People's Court for legal action;
Article 13 After the expiration of this Agreement, neither party has proposed to terminate the agreement, and it is deemed that they agree to continue cooperation. This Agreement shall continue to be effective if
If the cooperation is no longer continued, the exiting party shall submit the written text of the withdrawal to the other party three months in advance, and shall submit the information about the contract project and the customer resources of the other party to the other party.
Article 14: Default treatment
If a party violates any of the terms of this contract, the non-defaulting party has the right to terminate the execution of this contract and to require the defaulting party to compensate for the damage. Article 15 Agreement is lifted
1. If one partner violates this agreement, the other party has the right to terminate the cooperation agreement.
2. The cooperation agreement expires
3. The two parties agree to terminate the agreement
4. If one of the partners has legal problems and has done damage to the enterprise, the other party has the right to cancel the matters not covered in Article 16 of the cooperation agreement. The two parties may renegotiate the supplementary agreement, and the supplementary agreement is equivalent to this agreement.
Article 17 This contract is made in two copies, each party holds one copy and has the same legal effect.
Party A: Party B: Address: Address:
Contract signing location: ___________
Contract signing time: ____ years __ month __ day
Part 2: Project Cooperation Agreement
Party A: _________________________
Party B: _________________________
The two parties reached an agreement on the joint construction of the "______________ building" through friendly consultations as follows:
1. The two parties agree to apply for the “______________ Building” construction project to the _______ City _______ District Government Administration Department on behalf of Party A. The land area for the project is tentatively set at _______ mu, which is based on the “Land Transfer Contract” signed by Party A and the land management department and the “Land Use Right Certificate” issued thereafter. The land use is __________.
2. The construction area of the above projects is ______________ million square meters, and the nature of the construction projects is comprehensive.
3. After the land grant of the above-mentioned projects, Party A and Party B shall divide the land use rights according to the proportion of _______:_______, and the division of the building floor area shall be separately agreed by both parties.
After the division, both parties shall handle the land use right certificate and the house ownership certificate respectively. The procedures for the certificate shall be jointly implemented and jointly implemented by Party A and Party B. The expenses such as taxes and fees shall be borne by each.
4. The land payment during the project implementation shall be borne by both Party A and Party B according to their respective division ratios. The part to be undertaken by Party B shall be issued by Party B in the form of loan to Party A, and Party A shall pay the advance fee first.
The above-mentioned advance payment shall be returned by Party B within three months from the date of issuance of the land use right certificate, and interest shall be paid to Party A in accordance with the bank loan interest of ______________ for the same period.
5. In order to smoothly implement the above projects, Party A's responsibility is to be responsible for the full amount of funds required for the project, and Party B is responsible for obtaining the approval and approval of the project, and all government approvals and permits during the construction and construction of the project. jobs.
Party A is responsible for the implementation of the construction and design of the project.
6. Once the joint construction project is initiated, neither party may withdraw for any reason, otherwise it shall bear all losses caused thereby.
7. This Agreement shall become effective upon signature by the representatives of both parties. The Agreement shall be in quadruplicate and each party shall hold two copies.
Party A: ______________
representative:______________
Party B: ______________
representative:______________
______year month day
Part 3: Project Cooperation Agreement
Party A:
Place of residence:
Legal representative:
Party B:
Place of residence:
Legal representative:
Party A and Party B have obtained land use rights for Party A, and the cooperation and development of the “***** Garden” project in Zhangwan District, Shiyan City has been fully and friendlyly negotiated. With the principle of mutual benefit, honesty and credibility, the following agreements are concluded to enable both parties to abide by the implementation:
First, the cooperation content
The cooperation project is located in Zhangwan District, Shiyan City. The project name is “*******花园”, which covers an area of *** square meters and is planned by Shiyan City. The bureau approved that it is expected to build a villa with a building area of ******* square meters, with a building density of 17.5%, a plot ratio of 0.36% and a greening rate of 51.3%.
Second, the way of cooperation
1. Party A provides the state-owned land use rights obtained in accordance with the law. Party B provides all the funds needed for the follow-up construction of the project, such as land, development, construction, construction, management, marketing, etc. The estimated investment funds are RMB******** ***yuan. In the case that Party B's investment funds are fully in place, Party B shall enjoy 51% of the development and management rights of the “**** Garden” project, and Party A shall enjoy 49% of the development and management rights of the “***** Garden” project, and shall be followed by both parties. The ratio shares the profit from the project.
2. Both parties confirmed that both parties are investing in SME financing, and the financing expenses of SMEs are all subject to project cost accounting at a rate of 1% per month.
3. Party B confirms that Party A has invested RMB 68 million in the financing of SMEs in the previous period to the cooperation project.
4. Party A and Party B confirm that Party B can use Party A's property rights and land for SME financing, but the funds to be used must be used in this cooperation project, but without prejudice to project development, priority must be paid to the proportion of development and management rights. Party A's investment with more capital.
5. The cooperation project does not change the ownership of the land. That is, before the completion of the sale of the house, the right to use the land is still owned by Party A, but Party B has the right to use the land rights involved in the project in accordance with the contract. Its above-ground buildings enjoy the right to income.
6. All the external contracts, registration and completion acceptance procedures of this cooperation project shall be handled in the name of Party A.
Third, cooperation management institutions and responsibilities
1. Both Party A and Party B will jointly form a “Cooperative Development Project Department” to be responsible for the specific organization and implementation of the construction project. The project department has a general manager who is appointed by Party B and a deputy general manager, who is appointed by Party A. Other staff members are appointed by both parties in a 1:1 ratio.
2. The project department consists of engineering department, sales department and finance department. The person in charge of the engineering department shall be appointed by Party A, and the person in charge of the sales department shall be appointed by Party B. The financial personnel shall be appointed by each party, the accountant shall be appointed by Party B, and the cashier shall be appointed by Party A. The Ministry of Finance seals and checks should be managed separately and carry out daily financial management in accordance with national laws and regulations.
3. The Engineering Department is responsible for the bidding and construction management and construction project acceptance of the construction project; the sales department is responsible for the daily sales, advertising, mortgage loan procedures and house property registration and transfer of the project.
4. The department under the project department is responsible to the project department, and major issues should be decided by the project department meeting. The content of the meeting shall form a summary, and representatives of all parties shall sign and confirm the minutes.
5. The expenses of the daily expenses of the project department shall be effective after being signed by the general manager of the project department.
4. Raising and disbursing investment and other expenses of the project
1. The investment funds required for the construction project and other expenses related to the construction project shall be directly transferred by Party B to the accounts jointly opened by both parties, and shall be earmarked for special purposes. The time of entry is subject to the payment plan reported by the project department. The payment plan shall be effective on the basis of the project budget approved by both parties, and signed and confirmed by both parties.
2. If the actual investment amount of Party B exceeds the amount stipulated in Article 2, paragraph 1 of this Agreement, the commitment to the increased investment amount shall be confirmed according to the degree of fault of both parties. If it is unreasonable to the reasons of the two parties or the fault of both parties cannot be determined, it shall be determined according to the agreed proportion of profit distribution.
V. Cost accounting and profit distribution
1. The cost accounting of this construction project shall be completed within 60 days after the project is completed and accepted. After the completion of the project, both parties will jointly entrust a qualified accounting firm to conduct final audit. The profit distribution shall be based on the audit report and the profit distribution shall be based on the ratio of 49:51 of both parties.
2. The sales income of pre-sale houses before the completion of the final accounts shall be recorded separately according to the ratio of 49:51 of both parties. Without the consent of both parties, neither party may misappropriate the sales proceeds.
6. Handling of examination and approval procedures
After the signing of this Agreement, Party A shall be responsible for handling the approval, acceptance and other formalities of the construction project, including the approval of the engineering design proposal, project bidding, construction permit, completion acceptance of the project, and application for the pre-sale permit for commercial housing.
Seven, performance bond
Party B shall remit RMB 5 million to Party A's account within 15 days from the date of signature of this contract as performance bond. After the performance of the contract, the performance of the deposit can be offset against the investment funds of the project that Party B should bear.
Eight, liability for breach of contract
1. After the signing of this Agreement, if Party B fails to pay the performance bond on time, this Agreement shall automatically terminate.
2. Any party to Party A or B shall violate the provisions of this Agreement and shall be liable to the observant party for breach of contract in accordance with 20% of the target amount involved in the breach of contract.
3. Party B fails to pay the investment amount of the project according to the payment plan confirmed by both parties, thus causing the increase of the project's financial cost, and Party B shall be liable for compensation. If Party B overdue the project investment for more than 60 days, Party A has the right to unilaterally suspend the performance of this contract. The funds already invested by Party B are distributed according to the ratio of the funds to the accounting cost of the entire project.
Nine, special agreement
Party B shall, within fifteen days from the date of signing this contract, solve the problem of RMB repayment of RMB 18 million from the Shiyan City Industrial and Commercial Bank Branch of Party A due to the guarantee provided by the Company.
X. Other matters
Within 15 days after the signing of this Agreement, the appointed personnel of both Party A and Party B shall be listed and formally established the “Cooperative Development Project Department”. During this period, both parties should jointly send staff to seal the seal of the "Cooperative Development Project Department" and file it with the public security department.
11. This Agreement shall enter into force on the date of signature by both parties.
Article 12: This Agreement shall be executed in the form of a copy and shall be executed by both parties.
person A person B:
Signing time: Signing time:
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