2.6 The Licensor has agreed, upon the request of the Licensee for a period of 10 (ten) years after the date of validity of the Contract, to supply the Licensee at the most favorable price with the parts, components, raw materials and accessories which are necessary for manufacturing the contract Products under a separate contract to be signed in due time.
2.7 The Licensor has agreed, upon the request of the Licensee for a period of 10 (ten) years after the date of validity of the Contract, to supply the Licensee at the most favorable price with equipment and software which are made or developed by the Licensor and are necessary for manufacturing the Contract software which are made or developed by the third party and are necessary for manufacturing the Contract Products.
2.8 The Licensor has agreed to grant the Licensee the license and right to use, on the contract Products manufactured by the contract Factory, the word“Made in China under license of ”followed by Name of the Licensor, at the option of the Licensee, provided the Contract Products can meet the technical and quality requirement as specified in Annex_________of the Contract.
ARTICLE 3 CONTRACT PRICE
3.1 The total Contract price, which is based on the contents and scope stipulated in Article 2 to the Contract and the Licensors fulfillment of his obligations under the Contract, shall be_________EURO (SAY:_________EURO ONLY) , details as follows:
3.1.1 Price for Technical Know-how:_________EURO (SAY:
EURO ONLY). The breakdown prices of the technical know-how are as follows:
A. Technology transfer fee is:
B. Technical documentation and software fee (CIF Beijing Port) is_________EURO (SAY:_________EURO ONLY).
C. Personnel training fee is_________EURO (SAY:_________EURO ONLY).
D. Technical service fee is_________EURO (SAY:_________EURO ONLY).
3.2 The above-mentioned total Contract Price shall be firm and fixed price for the Licensors obligation under the contract, including all expenses incurred for delivery of the Technical Documentation and Software, CIP Beijing Airport, China.
ARTICLE 4 TERMS OF PAYMENT
4.1 All the payment stipulated in the Contract shall be effected in EURO through an irrevocable letter of credit, partial shipment allowed, under the I.B.R.D. Loan No._________for the price for the Technical Know-how, obtained from the World Bank opened in favor of the Licensor.
4.2 The Licensee shall, within thirty (30) working days after effectiveness of the Contract, open an irrevocable letter of credit by the Bank of China, Beijing in favor of the Licensor, in a bank in his country nominated by the Licensor and accepted by the Licensor, for an amount equivalent to the total Contract price. The letter of credit shall permit payments as stipulated in Article 4.3.
4.3 Payment for the Price for the Technical Know-how
4.3.1 10% (ten percent) of the total price for the technical know-how under Article 3, namely_________EURO (SAY:_________EURO ONLY) shall be paid after the Licensor has presented the following documents provided they are in conformity with the stipulations of the Contract.
A. One Photostat copy of valid export license issued by the relevant authorities of the Licensors or subcontractors country, or one copy of the letter issued by the relevant authority of the Licensors country stating that the valid export license is not required.
B. One original and one copy of the irrevocable letter of guarantee issued by the Licensors Bank for a sum of 10% of the total price of for the technical know-how in favor of the Licensee, The specimen of the letter of guarantee is detailed in Annex_________to the contract.
C. Four copies of the proforma invoice covering the total price for the technical know-how.
D. Two copies of the sight draft to be drawn on the Licensee to the Bank of China, Beijing.
E. Four copies of commercial invoice.
The abovementioned documents shall be presented not earlier than 30 days after effectiveness of the Contract.
4.3.2 25% (twenty-five percent) of the total price for the technical know-how under Article 3, namely_________EURO (SAY:
EURO ONLY) shall be paid after the Licensor has delivered the first batch of the technical Documentation/ Software as stipulated in Annex_________to the Contract and against presentation of the following documents provided they are in conformity with the stipulations of the Contract:
A. Five copies of the commercial invoice.
B. Two copies of the sight draft to be drawn on the Licensee to the Bank of China, Beijing.
C. Five copies of the airway bill for the first batch of the technical Documentation and/or software.
D. Five copies of the packing list for the first batch of the Technical Documentation and/or Software.
E. Two copies of the letter issued by the Licensee confirming that the Licensor has delivered to the Licensee the first batch of Technical Documentation and/or Software as stipulated in Annex_________and Annex_________.
4.3.3 50% (fifty percent) of the total price for the technical know-how under Article 3, namely_________EURO (SAY:_________EURO ONLY) shall be paid after the Licensor has delivered the last batch of the Technical Documentation/Software as stipulated in Annex.
to the Contract and against presentation of the following documents provided they are in conformity with the stipulations of the contract:
A. Four copies of the commercial invoice.
B. Two copies of the sight draft to be drawn on the Licensee to the Bank of China, Beijing.
C. Five copies of the air way bill for delivering the last batch of the technical Documentation and/or Software.
D. Five copies of the packing list for delivering the last batch of the Technical Documentation and/or Software.
E. Two copies of the letter issued by the Licensee confirming that the Licensor has delivered to the Licensee all Technical Documentations as stipulated in Annex.