현지 Local Partner 에게 Project 관련 현지에서 수행하여야 할 업무를 하도급(Subcontract) 주는 형태의 사업을 시작하기 위한 MOU |
문서서식포탈비즈폼
MEMORANDUM OF UNDERSTANDING |
문서서식포탈비즈폼
This Memorandum Of Understanding (the “MOU”) is entered into as of [date]th day of [Month] 2003 by and among ABC Corp.(the “ABC”), SUPPLIER Engineering Co., Ltd.(the “DEFEN”), and Paner Corp.[Name of Partner]( the “PARTNER”) in order to participate in the bidding for the supply of engineering, procurement, construction of [Name of PROJECT, such as the 50,000BPSD Residual Petroleum Fluid Catalystic Cracking Unit] (the “PROJECT”) at [Location] ordered by Bidder Co., Ltd. [Name of Client] (“CLIENT”).
NOW, THEREFORE, the parties hereto agree as follows:
1. ABC and/or DEFEN (collectively, “SUPPLIER”), as a main contractor(s), shall attend the bid for the PROJECT and PARTNER shall do its best efforts for SUPPLIER to be awarded the PROJECT from CLIENT. For this purpose, PARTNER shall provide DEFEN with the quotation for the local procurement items based on the SUPPLIER’s engineering documents, not exceeding twenty percent (20%) of CONTRACT to be made between SUPPLIER and CLIENT, within ___ (__) days from this MOU.
2. In case the PROJECT is awarded to SUPPLIER by the CLIENT and enters into main contract for implementation of the PROJECT (“CONTRACT”), SUPPLIER shall subcontract with PARTNER at the amount of twenty percent (20%) of contract price of the CONTRACT (the “CONTRACT PRICE”) based on the PARTNER’s quotation submitted to DEFEN in accordance with the Paragraph 1.
3. In case the amount of subcontract made between SUPPLIER and PARTNER (“SUBCONTRACT”) become under twenty percent (20%) of CONTRACT PRICE for whatever reasons, SUPPLIER shall pay one percent (1%) of the following notimplemented amount as compensation for PARTNER: Not-Implemented Amount = [Twenty Percent (20%) of CONTRACT PRICE . Actually Subcontracted Amount with PARTNER]
4. SUPPLIER shall be responsible for the implementation of the CONTRACT including engineering, procurement, or equipment and materials, etc., provided, however, PARTNER shall be responsible for the implementation of SUBCONTRACT for the local procurement; the EPC Contract shall apply to the terms of subcontract mutatis mutandis.
5. This MOU shall come into force on the date first above mentioned and shall terminate when any of the following event occurs: i) when ____(__) months have been elapsed since coming into force of this MOU unless otherwise agreed upon extension thereof, ii) when the PROJECT is awarded to other party, or iii) if the PROJECT is awarded to SUPPLIER, when the term of EPC Contract expires.
IN WITNESS WHEREOF, the parties hereto have caused this MOU to be executed by
their duly authorized representatives as of the date and year first above written.
ABC Corp. DEF Engineering Co., Ltd.
Name : Name :
Title: Title :
Paner Corp.
Name :
Title :
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