非专利技术转让合同(36)

　　　　　　"effective date" means the date that the contract enters into fullforce and effect upon fulfillment of all the conditions stated in article4 （effective date）hereof.
　　　　　　"equipment" means the equipment， machinery， apparatuses， facilities ortheir spare parts as listed in appendix 7-1 （scope of works and supply)hereto which are to be supplied by the supplier and which are to beincorporated by the buyer under the contract in such major and importantpart of the contract plant as may be crucial to its performance.
　　　　　　"expert" means any person who may be appointed from time to time byagreement between the buyer and the supplier to make a decision on or tosettle any dispute or difference between the buyer and the supplierreferred to him by the parties pursuant to article 7.2 （reference toexpert）hereof.
　　　　　　"last major shipment" means the last shipment of the basic lot of theequipment as specified in article 22.2 （delivery）hereof.
　　　　　　"month" means calendar month of the gregorian calendar.
　　　　　　"buyer's representative" means any person appointed by the buyer inthe manner provided in article 18.1 （buyer's representative）hereof toperform the duties delegated by the buyer.
　　　　　　"performance test" means the test specified in article 25.2（performance test)， to be carried out to ascertain whether the contractplant or a specified part thereof is able to attain the processperformance guarantees specified in appendix 5 （process performanceguarantees）hereto in accordance with the provisions of article 25.2（performance test）hereof.
　　　　　　"precommissioning" means the testing， checking and other worksspecified in article 24 （erection and precommissioning）which are to becarried out by the buyer in preparation for the commissioning.
　　　　　　"sub-contractor" means any person to whom execution of any part of theworks， including preparation of any design or supply of any equipment， issub-contracted directly or indirectly by the supplier， and includes itslegal successors or permitted assigns.