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[excellent] custody agreement


Article 1: Custody Agreement

Principal: _________

Trustee:_________

Party A optimizes the existing medical and health resources of the school, constantly adapts to and meets the health needs of the people. According to the relevant national policies and regulations, it publicly invites the investment management of the society to the Party B according to relevant procedures. In order to clarify the rights and obligations of both parties, the parties have reached the following contractual terms after full negotiation:

First trustee

The subject of the trusteeship is called _________

Second managed content

Party A will entrust the management of the hospital to the Party B.

The term of the custody operation is _________ years, from _________ years _________ months _________ days to _________ years _________ months _________ days.

Party B shall pay Party A the escrow fee. In the first year, the people shall be _________ yuan, based on RMB 10,000 yuan, and increase by 5% per year on the basis of the previous year.

Custody fee payment method:

1. Each year _________ month _________ day to _________ month _________ day is a payment year, the custodian fee for each payment year is averaged over 12 months, and Party B is on _________ day of each month In the past, Party A was paid the current year’s custodian fee.

2. _________ years _________ months _________ days to _________ months _________ days of the handover date of both parties.

3. Party A is exempt from Party B's custodian fee during the handover period. Party B shall bear the social insurance expenses of _________ medical personnel not less than 80% of the file salary and pension insurance, medical insurance, unemployment insurance, and work injury during the handover period.

Article 3

1. From the effective date of the contract, Party B will enjoy the right to operate and manage the hospital during the escrow period.

2. Register and register the existing medical equipment and equipment of the hospital. The value of the equipment and equipment shall be signed and confirmed by the evaluation of both parties. After the expiration or termination of the contract, Party B shall return to Party A the equipment and equipment equivalent to the evaluation after the assessment according to the handover list. Party B may add new equipment according to the needs of the business, and the expenses shall be borne by Party B. The purchased equipment shall be owned by Party B. Party B shall bear the maintenance expenses for equipment during the operation of Party B.

3. Party B shall carry out renovation or renovation of the medical room according to actual needs, and shall submit a modification or renovation plan to Party A in advance, which may be carried out after Party A's review, and the expenses shall be borne by Party B.

4. Party B shall operate in the name of “Hospital” during the trusteeship period. Its management can hire itself, but there should be a certain number of medically qualified professionals.

5. Party B shall formulate a management system and establish a sound financial accounting system, but it shall not be in conflict with the law. The degree of customization of Party B shall be reported to Party A for filing before implementation.

6. Party B shall report to Party A the financial and business statements and other statements submitted by Party A in accordance with the commission.

7. Party B shall employ Party A's _________ medical personnel, and the salary of the employed personnel shall be distributed by Party B according to work. The average salary of the employed personnel shall not be less than 80% of the total file salary; the monthly salary of each person shall not be less than 50% of the employee's file salary. The social insurance premiums for the employed persons during the working period of Party B shall be borne by Party B according to the implementation standards of Zaoyang City, and the procedures shall be handled by Party A. The hiring personnel will reach the retirement age, and Party B will return to Party A for retirement procedures, and the retirement fee will be paid by Party A. For the reason of reduction of staff, the same amount of employment shall be employed from the medical staff of Party A; or compensation shall be paid to Party A by 80% of the salary of the employee. If the medical personnel does not meet the requirements of Party B's appointing party, the Party B has the right to propose a substitution to Party A.

8. If the government adjusts the preparation or the development of Party A's business several years later, so that Party A does not have the medical staff to supplement it to Party B, you can choose to deal with it as follows:

Party B shall recruit independently from the society, and the employed personnel shall go through relevant formalities in accordance with state regulations.

Party A and Party B jointly recruited and assessed the society, and after entering the project, they will enter Party A's establishment and be used by Party B.

9. Party B shall bear the corresponding responsibilities according to the labor regulations as the hiring personnel lose their ability to work due to occupational diseases or work-related injuries.

10. The creditor's rights and debts generated by Party B in the custody operation shall be enjoyed or borne by Party B.

Article 4 Trusteeship Deposit

Party B shall pay Party A the escrow deposit of _________ yuan on the date of signing the contract. Margin is used for the following purposes:

1. Medical liability compensation.

2. If there is a labor dispute arising from wages or social insurance during the trusteeship period, the expenses shall be borne by Party B after the legal ruling.

3. The fines caused by Party B's violation of laws and regulations shall be borne by Party B in full.

4. The expenses incurred by Party B shall be determined due to other civil disputes and legal documents.

In the case of the first paragraph of Article 4, Party A has the right to request Party B to assume the liability for compensation, and Party B shall pay in time. If the situation is urgent or Party B does not pay, Party A shall pay the deposit in advance according to the legal documents in force.

The amount of the deposit is based on the tens of thousands of yuan and is paid in one lump sum. If the base of the claim is reduced, Party B shall make up to Party A in the month when the base is reduced. If the amount of claims is increased due to the adjustment of relevant state policies and regulations, Party A has the right to request Party B to increase the margin appropriately.

Upon expiration of the contract or termination of this Agreement by Party A or termination of negotiation by both parties, Party A shall return the deposit to Party B at one time.

Article 5 Rights and Obligations of Both Parties

Party A’s rights and obligations

1. Party A has the right to supervise Party B's compliance with laws and regulations in the course of its operations. If Party B is in administrative and economic responsibility due to Party B's illegal operation, Party A has the right to submit written rectification opinions to Party B. If Party B receives Party A's written comments and cannot correct it within three months, Party A has the right to request Terminate the contract.

2. Party A has the right to supervise the handing over equipment and equipment used by Party B to prevent damage and loss of equipment.

3. Due to the relevant formalities for litigation and arbitration, Party A is obliged to provide corresponding procedures, and the expenses shall be borne by Party B.

4. During the trusteeship period, Party A shall not interfere with Party B's independent management rights and personnel rights for no reason.

5. Party A guarantees the normal water and electricity supply of Party B. The water and electricity fee shall be paid by Party B to the relevant departments on a monthly basis according to the market price.

6. If, according to the regulations and the regulations of the local people's government, the hospital must be provided with a sewage treatment facility in order to operate, Party A shall be responsible for the land acquisition and payment of the cost of the civil works; Party B shall be responsible for purchasing the mechanical facilities for sewage treatment. Party B shall bear the necessary materials and equipment maintenance plan during Party B's operation period. When the contract is terminated, Party B will hand over the equipment to Party A without compensation.

7. In the process of custody management, Party B shall actively assist in handling relevant procedures in case of major policy adjustments in the state and medical and health care. Party A shall not carry out the business of prevention, medical treatment, rehabilitation and health care in the name of “_________” or “_________” and the name of the branch. Party A's original train station clinic guarantees that it cannot be operated by an affiliated hospital.

8. Party A is responsible for handling the fire certificate after renovation.

9. When the local hospital system for social medical insurance is implemented, Party A shall actively apply for Party B and coordinate with the relevant departments. The relevant expenses shall be borne by Party B. Completed within one year of the consultation. 10% of the current year's custodian fee is deducted for more than one month.

10. Party A's claims, debts and medical disputes shall be borne by Party A before the handover. If Party B affects the normal work of Party B, Party A must compensate Party B for the corresponding loss.

11. When the contract comes into effect, Party A shall submit the relevant documents such as the Taikang Hospital's practice license, code certificate and official seal to Party B and allow Party B to open a bank account and establish an independent account. Party B shall establish an official seal management system and strictly manage the official seal. Party B shall bear all debt disputes that occurred during the custody of Party B’s official seal of “_________”. If the improper use of the official seal causes losses to Party A, Party B shall compensate in full.

12. Party B shall provide support to the business activities carried out by the Party in the name of “Zhaoyang Taikang Hospital”, and Party B shall bear the consequences of the actions in the name of Party A.

Party B's rights and obligations

1. Party B is entitled to enjoy the statutory preferential policies in the name of “____________” during the custodian period.

2. Party B has full authority to hiring personnel. Personnel can be arranged according to business needs, and past remuneration and recruitment appointments can be arranged. Party A should be given priority under the same conditions. Party B shall not arbitrarily dismiss Party A's personnel. If it is necessary to dismiss, it must comply with relevant policies, regulations and management regulations and be handed over to Party A for processing.

3. In the event of a major public health emergency such as a major disaster or an outbreak of infectious diseases or other public welfare medical treatment tasks, Party B shall obey the obligation to participate in the emergency treatment work organized by the local people's government and the health administrative department. .

4. Party B shall strictly abide by relevant laws and regulations in its operations, accept the supervision of the local administrative department, and pay the appropriate administrative fees related to the operation. If the law is violated due to violation of laws or regulations, Party B shall bear the corresponding legal, administrative and economic responsibilities.

5. Party B should pay attention to personnel training during the custody operation. At least one or two of the employed personnel of Xiangfang and above shall be sent to the medical and health units of Xiangfan and above for further training. The expenses shall be implemented according to the regulations of the hospital or with reference to the methods of the foreign institution, and the training contract shall be signed separately.

6. During the period of custody, Party B shall not sublet the medical facilities, equipment and other medical facilities of the hospital.

7. Party B shall not provide guarantees in the name of “_________ Hospital”, and may not establish guarantees with the property managed by Party A. Otherwise, Party A has the right to exercise the right of withdrawal, and the expenses incurred are borne by Party B.

Article 6 Liability for breach of contract

1. This contract is legally binding upon signature by both parties. Party B shall pay the custodian fee and the pension insurance for Party A's personnel on time. If Party B fails to pay the custodian fee for three months or does not pay the pension insurance for the employed personnel for more than half a year in a payment year, Party B shall be deemed to be in breach of contract by Party B, and Party A has the right to request the termination of the contract. In addition to the related expenses, Party B will also pay a penalty of 10% of the owed fees.

2. If Party B fails to perform this contract in accordance with the provisions of Article 3, Section 7, Party A has the right to request Party B to continue to perform the contract, except for the payment of the original arrears and the handling of the remaining problems in accordance with the provisions of Article 3, paragraph 8. In addition, a 10% penalty for the custodian fee for the year is paid.

3. Party B shall pay compensation and fines to the relevant right holders in time for medical disputes, labor disputes and violations during the trusteeship period. If Party A loses due to failure to pay in time, in addition to repaying the funds advanced by Party A, and paying a late fee of one thousandth per day.

4. If Party A and Party B terminate the contract, they shall be liable for breach of contract. The liquidated damages shall be 20% of the total value of the custodian fee. If the liquidated damages are insufficient to pay the other party, the compensation shall be compensated for the part of the loss that the breach of contract is insufficient to pay. .

5. In the event of irresistible reasons to terminate the contract during the trusteeship period, or if this contract is inconsistent with the current laws and regulations and the contract is invalidated, both parties shall bear 50% responsibility in accordance with the principle of fairness and mutual benefit.

Article 7 If there is no such thing as this contract, the two parties may negotiate and supplement the agreement separately. The supplementary agreement has the same legal effect as this contract.

Article 8 This contract is made in triplicate, and both Party A and Party B and the Health Bureau shall hold one copy.

Article 9 If there is a dispute in this contract:

1. Negotiation between the two parties;

2. The competent department mediation;

3. Litigation in a court of competent jurisdiction.

Article 10 This contract shall become effective after it has been signed and sealed by both parties and submitted to the Health Bureau and the municipal government for filing.

Article 11 Party A shall guarantee the legality of the procedures for reporting the escrow agreement, and Party A shall be responsible for the approval of the agreement. If Party A fails to perform the approval procedures for the necessary contract, the contract cannot be continued. In addition to the contractual deposit and custody fees paid by Party B, Party A shall be responsible for compensation for the necessary expenses incurred by Party B. The specific amount shall be calculated by 20% of the expenses incurred by Party B.

person A person B:_________

Legal representative: _________ Legal representative: _________

Date: _________ Date: _________

Part 2: Custody Agreement

Party A:

name:_________

residence:_________

Party B:

name:_________

residence:_________

In view of:

1. Party A is _________ validly in accordance with the law. As the largest shareholder of Party B, Party A intends to entrust Party B to operate and manage it.

2. Party B is a joint stock limited company established with the approval of the _________ Provincial People's Government. It intends to complete the various economic indicators agreed by Party A and Party B through the above-mentioned asset custody operations, and in the process, it will be custody in various forms of asset operation. Assets are gradually incorporated into Party B.

Party A and Party B reached an agreement through friendly consensus as follows:

First, the scope of custody business

From the date of the signing of the custody operation agreement between Party A and Party B, Party A shall entrust Party B to operate the _________ company it owns.

Second, the term of custody operation

The entrusted operation period is from the date when the two parties sign the entrusted operation agreement and the approval of the relevant department takes effect. Party A will gradually incorporate the property rights of the custody assets into Party B through share allotment or other means. After the property rights of the entrusted assets have all entered Party B, Upon the expiration of the entrusted business period, the entrusted business agreement is naturally terminated.

Third, the profit distribution of the custody operation

The two parties agreed that after the implementation of the asset custody operation, the assets of the custody enterprise shall be transferred to Party B, and Party B shall pay Party A the management fee of _________% of the actual entrusted operating net assets.

4. Approval and recognition of custody operations

The custody operation mentioned in this agreement has been approved by the higher authorities of Party A and approved by the board of directors of Party B. It has yet to be approved by the shareholders' meeting of Party B.

V. Guarantee and commitment

1. Party B guarantees that from the effective date of the custody operation, Party B will manage the assets entrusted to operate and related liabilities and operate its related business in a normal way.

2. Party A guarantees that in addition to the liabilities disclosed in the financial statements and asset assessment reports, and in addition to the liabilities incurred by Party A and Party B in the normal operation after the effective date, Party A entrusts the operating assets before the implementation of the custody operation. There are no other actual or existing debts or liabilities.

3. Party A guarantees that the entrusted assets are not accompanied by any mortgage, pledge, lien or other security interest before the implementation of the custody operation.

4. Party A guarantees that the assets entrusted to Party B shall comply with the relevant technical standards and quality requirements of the State and the industry.

6. Liability for breach of contract:

1. If Party A fails to hand over the custody assets to Party B in full and in accordance with the provisions of this Agreement, it shall be responsible for compensating the losses caused by the other party and bearing the liquidated damages according to 10% of the net asset value of the custody assets;

2. If Party B fails to legally operate the custody assets as stipulated in this Agreement, it shall be responsible for compensating the losses caused by the other party and bearing the liquidated damages according to 10% of the net asset value of the custody assets.

Seven, the settlement of the dispute:

When the parties have disputed the implementation of this Agreement, they shall resolve it through friendly negotiation. If the negotiation fails, either party can file a lawsuit in a court of competent jurisdiction.

8. Unfinished matters:

If there are any outstanding issues in this Agreement, Party A and Party B may sign a supplementary agreement by negotiation.

IX. Signing into force:

1. This Agreement shall enter into force upon signature by the authorized representatives of both parties and with the official seal. Party A guarantees that it will be granted the rights necessary to sign this Agreement.

2. This Agreement is in the form of _________ copies, each of which holds _________ copies.

person A person B:_________

Authorized representative: _________ Authorized representative: _________

_________Year ____________________________________________

PART 3: Custody Agreement

Party A: __________________________

Party B: __________________________

In order to make full use of and revitalize existing assets, improve service quality and service awareness, change service concepts, and actively explore the market, Party A will negotiate with Party A and Party B to entrust Party B with management. The specific terms are as follows:

First, the scope of hosting

One Shenfei bus, one Isuzu minivan, five cars, and three vans.

Second, the term of trust

_______Year ________________________________________________________________________

Third, the responsibilities and tasks of the trusteeship

1. Party B must ensure that the managed vehicle is in good working condition and the vehicle is safe.

2. Party B is responsible for paying various fees for the vehicle on time and in full.

3. Party B must actively develop the market inside and outside the school, do a good job of paid services, and establish a good service image.

4. Party B must abide by the law.

5. Party A has the right to supervise and inspect the operation and operation of Party B's vehicles and to order rectification.

Fourth, Party B’s commitment

1. Party B will ensure that the managed vehicle is operating in a safe and good condition.

2. The vehicle operates in compliance with laws and regulations, and pays all fees on time and in full.

3. Provide high quality and competitive price services for teachers and students.

4. Try to meet the needs of Party A.

5. Party B shall establish a preferential vehicle operating price based on the market price.

6. Accept Party A and supervise and inspect.

V. Economic terms

1. Party A shall bear the cost of vehicle renewal and purchase during the agreement.

2. Party A shall bear the expenses for the transformation of vehicles due to the special needs of Party A during the agreement.

3. All the fees, fuel and maintenance costs of the vehicles during the agreement shall be borne by Party B.

6. Matters not covered in this Agreement may be supplemented by friendly consultations between the two parties.

representative of A:_______________

_______year month day

Party B representative: _______________

_______year month day

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