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非专利技术转让合同(93)

2011-09-17 14:40 来源:范文站 人气(0) 范文站fanwenzhan.comRSS订阅 

    37.1 the time for delivery shall be extended if the supplier shall bedelayed or impeded in the performance of any of its obligations under thecontract by reason of any of the following:
        (a)any change in the works as provided in article 36 (change inworks)hereof; or
        (b)any occurrence of force majeure as provided in article 35 (force majeure)hereof; or
        (c)any suspension order given by the buyer under article 38(suspension)hereof or reduction in the rate of progress pursuant toarticle 38,2 hereof;
        (d)any default or breach of the contract by the buyer or anyactivity, act or omission of any other contractors employed by the buyer;or
        (e)any other matter specifically mentioned in the contract;
      by such period as shall be fair and reasonable in all thecircumstances and as shall fairly reflect the delay or impedimentsustained by the supplier.
    37.2 except where otherwise specifically provided elsewhere in thecontract, the supplier shall submit to the buyer a notice of a claim foran extension of the time for delivery, together with particulars of theevent or circumstance justifying such extension as soon as reasonablypracticable after the commencement of such event or circumstance. as soonas reasonably practicable after receipt of such notice and supportingparticulars of the claim, the buyer and the supplier shall agree upon theperiod of such extension, failing which either party may refer the disputeto an expert pursuant to article 7.2 (reference to expert)hereof.
    37.3 the supplier shall at all times use its reasonable efforts tominimize any delay in the performance of its obligations under thecontract.
article 38. suspension
    38.1 the buyer may by notice to the supplier order the supplier tosuspend performance of all or any of its obligations under the contract.such notice shall specify the obligation of which performance is to besuspended, the effective date of the suspension and the reasons therefor.the supplier shall thereupon suspend performance of such obligation(except those obligations which are necessary for the care or preservationof the works)until ordered in writing to resume such performance by thebuyer.
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