FIDC 白皮书 the Client Consultant Model Services－FIDIC.doc

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1、FIDIC,CLIENT/CONSULTANT MODEL SERVICES AGREEMENT(“White Book”)Third Edition, 1998CONTENTSAGREEMENTGENERAL CONDITIONSDEFINITIONS AND INTERPRETATION1.Definitions2.InterpretationOBLIGATIONS OF THE CONSULTANT3.Scope of Services4.Normal, Additional and Exceptional Services5.Duty of Care and Exercise of A

2、uthority6.Clients PropertyOBLIGATIONS OF THE CLIENT7.Information8.Decisions9.Assistance10.Equipment and Facilities11.Clients Personnel12.Services of OthersPERSONNEL13.Supply of Personnel14.Representatives15.Changes in PersonnelLIABILITY AND INSURANCE16.Liability between the Parties16.1Liability of t

3、he Consultant16.2Liability of the Client16.3Compensation17.Duration of Liability18.Limit of Compensation and Indemnity18.1Limit of Compensation18.2Indemnity18.3Exceptions19.Insurance for Liability and Indemnity20.Insurance of Clients PropertyCOMMENCEMENT, COMPLETION, ALTERATION AND TERMINATION OF TH

4、E AGREEMENT21.Agreement Effective22.Commencement and Completion23.Variation24.Further Proposals25.Delays26.Changed Circumstances27.Abandonment, Suspension or Termination27.1By Notice of the Client27.2By Notice of the Consultant28.Exceptional Services29.Rights and Liabilities of PartiesPAYMENT30.Paym

5、ent to the Consultant31.Time for Payment32.Currency of Payment33.Third Party Charges on the Consultant34.Disputed Invoices35.Independent AuditGENERAL PROVISIONS36.Languages and Law37.Changes in Legislation38.Assignment and Sub-Contracts39.Copyright40.Conflict of Interest/Corruption and Fraud41.Notic

6、es42.PublicationSETTLEMENT OF DISPUTES43.Amicable Dispute Resolution43.1Attempt to Resolve43.2Referral to Mediator43.3Appointment of Mediator43.4Agreement of Program43.5Written Agreement to be Binding43.6Non-binding Opinion43.7Costs of Mediation43.8Failure of Mediation44.ArbitrationPARTICULAR CONDIT

7、IONSA.References from Clauses in the General ConditionsB.Additional ClausesAPPENDICESA.Scope of ServicesB.Personnel, Equipment, Facilities and Services of Others to be Provided by the ClientC.Remuneration and PaymentAGREEMENTThis Agreement made the _ day of _, _ between _of _(hereinafter called the

8、Client) of the one partand _of _ (hereinafter called the Consultant) of the other part.WHEREAS the Client desires that certain Services should be performed by the Consultant, namely _and has accepted a proposal by the Consultant for the performance of such Services.NOW THIS AGREEMENT WITNESSETH AS F

9、OLLOWS1.In this Agreement words and expressions shall have the same meanings as are respectively assigned to them in the Conditions of the Client/Consultant Model Services Agreement hereinafter referred to.2.The following documents shall be deemed to form and be read and construed as part of this Ag

10、reement, namely:(a)The Letter of Acceptance;(b)The Conditions of the Client/Consultant Model Services Agreement (General Conditions and Particular Conditions)(c)The Appendices, namely:Appendix A -Scope of ServicesAppendix B -Personnel, Equipment, Facilities and Services of Others to be Provided by t

11、he ClientAppendix C -Remuneration and Payment3.In consideration of the payments to be made by the Client to the Consultant as hereinafter mentioned the Consultant hereby agrees with the Client to perform the Services in conformity with the provisions of the Agreement.4.The Client hereby agrees to pa

12、y the Consultant in consideration of the performance of the Services such amounts as may become payable under the provisions of the Agreement at the times and in the manner prescribed by the Agreement.In Witness whereof the parties hereto have caused this Agreement to be executed the day and year first before written in accordance with their respective laws.Authorized signature(s) of Client_In the presence of:Name: _Signature: _Address: _Authorized