Chapter 20 Force Majeure
Article 57
Should either of the parties to the contract be prevented from executing the contract by force majeure, such as earthquake, typhoon, flood, fire, war or other unforeseen events, and their occurrence and consequences are unpreventable and unavoidable, the prevented party shall notify the other party by telegram without any delay, and within 15 days thereafter provide detailed information of the events and a valid document for evidence issued by the relevant public notary organization explaining the reason of its inability to execute or delay the execution of all or part of the contract. Both parties shall, through consultations, decide whether to terminate the contract or to exempt part of the obligations for implementation of the contract or whether to delay the execution of the contract according to the effects of the events on the performance of the contract. Chapter 21 Applicable Law
Article 58
The formation, validity, interpretation, execution and settlement of disputes in respect of, this contract shall be governed by the relevant laws of the People s Republic of China.
Chapter 22 Settlement of Disputes
Article 59
Any disputes arising from the execution of, or in connection with, the contract shall be settled through friendly consultations between both parties. In case no settlement can be reached through consultations, the disputes shall be submitted to the Foreign Economic and Trade Arbitration Commission of the China Council for the Promotion of International Trade for arbitration in accordance with its rules of procedure. The arbitral award is final and binding upon both parties. Or Any disputes arising from the execution of, or in connection with the contract shall be settled through friendly consultations between both parties. In case no settlement can be reached through consultations, the disputes shall be submitted to __________Arbitration Organization in __________for arbitration in accordance with its rules of procedure. The arbitral award is final and binding upon both parties. Or Any disputes arising from the execution of, or in connection with the contract shall be settled through friendly consultations between both parties. In case no settlement can be settled through consultations, the disputes shall be submitted for arbitration. Arbitration shall take place in the defendant s country. If in China, arbitration shall be conducted by the Foreign Economic and Trade Arbitration Commission of the China Council for the Promotion of International Trade in accordance with its rules of procedure. If in ___________, the arbitration shall be conducted by ___________in accordance with its rules of procedure. The arbitral award is final and binding upon both parties. (Note: When formulating contracts, only one of the above-mentioned provisions can be used).
Article 60
During the arbitration, the contract shall be observed and enforced by both parties except for the matters in dispute.
Chapter 23 Language
Article 61
The contract shall be written in Chinese and in ___________. Both language versions are equally authentic. In the event of any discrepancy between the two aforementioned versions, the Chinese version shall prevail.
Chapter 24 Effectiveness of the Contract and Miscellaneous
Article 62
The appendices drawn up in accordance with the principles of this contract are integral parts of this contract, including: the project agreement, the technology transfer agreement, the sales agreement etc.
Article 63
The contract and its appendices shall come into force commencing from the date of approval of the Ministry of Foreign Trade and Economic Cooperation of the People s Republic of China (or its entrusted examination and approval authority).
Article 64
Should notices in connection with any party s rights and obligations be sent by either Party A or Party B by telegram or telex, etc., the written letter notices shall be also required afterwards. The legal addresses of Party A and Party B listed in this contract shall be the posting addresses.
Article 65
The contract is signed in ___________, China by the authorized representatives of both parties on __________, __________.
For Party A For Party B
(Signature) (Signature)
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