fidic白皮书英文版
FIDIC,
CLIENT/CONSULTANT MODEL SERVICES AGREEMENT (“White Book”)
Third Edition, 1998
CONTENTS
AGREEMENT
GENERAL CONDITIONS
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1. Definitions
2. Interpretation
OBLIGATIONS OF THE CONSULTANT
3. Scope of Services
4. Normal, Additional and Exceptional Services
5. Duty of Care and Exerci of Authority
6. Client's Property
OBLIGATIONS OF THE CLIENT
7. Information
8. Decisions
9. Assistance
10. Equipment and Facilities
11. Client's Personnel
12. Services of Others
PERSONNEL
13. Supply of Personnel
14. Reprentatives
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16. Liability between the Parties
16.1 Liability of the Consultant
16.2 Liability of the Client
16.3 Compensation
17. Duration of Liability
18. Limit of Compensation and Indemnity 18.1 Limit of Compensation
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18.2 Indemnity
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19. Insurance for Liability and Indemnity
20. Insurance of Client's Property
COMMENCEMENT, COMPLETION, ALTERATION AND TERMINATION OF THE AGREEMENT
21. Agreement Effective
22. Commencement and Completion
23. Variation
24. Further Proposals
25. Delays
26. Changed Circumstances
27. Abandonment, Suspension or Termination
27.1 By Notice of the Client
27.2 By Notice of the Consultant
28. Exceptional Services
29. Rights and Liabilities of Parties
PAYMENT
30. Payment to the Consultant
31. Time for Payment
32. Currency of Payment
33. Third Party Charges on the Consultant
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34. Disputed Invoices
35. Independent Audit
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GENERAL PROVISIONS
36. Languages and Law
37. Changes in Legislation
38. Assignment and Sub-Contracts
39. Copyright
40. Conflict of Interest/Corruption and Fraud
41. Notices
42. Publication
SETTLEMENT OF DISPUTES
43. Amicable Dispute Resolution
43.1 Attempt to Resolve
43.2 Referral to Mediator
43.3 Appointment of Mediator
43.4 Agreement of Program
43.5 Written Agreement to be Binding
43.6 Non-binding Opinion
43.7 Costs of Mediation
43.8 Failure of Mediation
44. Arbitration
PARTICULAR CONDITIONS
A. References from Claus in the General Conditions
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APPENDICES
A. Scope of Services
B. Personnel, Equipment, Facilities and Services of Others to be Provided by the Client
C. Remuneration and Payment
AGREEMENT
This Agreement made the ______________ day of ___________, ____ between
__________________________________________________________________
of ________________________________________________________________
(hereinafter called "the Client") of the one part
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and _______________________________________________________________
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 FOLLOWS
1. 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 Agreement, namely:
(a) The Letter of Acceptance;
(b) The Conditions of the Client/Consultant Model Services Agreement (General Conditions and Particular Conditions)
cures(c) The Appendices, namely:
Appendix A - Scope of Services
Appendix B - Personnel, Equipment, Facilities and Services of Others to be Provided by the Client
Appendix C - Remuneration and Payment
3. 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 pay 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 caud this Agreement to be executed the day and year first before written in accordance with their respective laws.
