FIDC 白皮书 the Client Consultant Model Services－FIDIC

FIDIC, CLIENT/CONSULTANT MODEL SERVICES AGREEMENT (“White Book”) Third Edition, 1998CONTENTSAGREEMENTGENERAL CONDITIONSDEFINITIONS AND INTERPRETATION 1.Definitions 2.InterpretationOBLIGATIONS OF THE CONSULTANT 3.Scope of Services 4.Normal, Additional and Exceptional Services 5.Duty of Care and Exercise of Authority 6.Client's PropertyOBLIGATIONS OF THE CLIENT 7.Information 8.Decisions 9.Assistance 10.Equipment and Facilities 11.Client's Personnel 12.Services of OthersPERSONNEL 13.Supply of Personnel 14.Representatives 15.Changes in PersonnelLIABILITY AND INSURANCE 16.Liability between the Parties 16.1Liability of the Consultant 16.2Liability of the Client 16.3Compensation 17.Duration of Liability 18.Limit of Compensation and Indemnity 18.1Limit of Compensation 18.2Indemnity 18.3Exceptions 19.Insurance for Liability and Indemnity 20.Insurance of Client's PropertyCOMMENCEMENT, COMPLETION, ALTERATION AND TERMINATION OF THE AGREEMENT 21.Agreement Effective 22.Commencement and Completion223.Variation 24.Further Proposals 25.Delays 26.Changed Circumstances 27.Abandonment, Suspension or Termination 27.1By Notice of the Client 27.2By Notice of the Consultant 28.Exceptional Services 29.Rights and Liabilities of PartiesPAYMENT 30.Payment to the Consultant 31.Time for Payment 32.Currency of Payment 33.Third Party Charges on the Consultant 34.Disputed Invoices 35.Independent AuditGENERAL PROVISIONS 36.Languages and Law 37.Changes in Legislation 38.Assignment and Sub-Contracts 39.Copyright 40.Conflict of Interest/Corruption and Fraud 41.Notices 42.PublicationSETTLEMENT OF DISPUTES 43.Amicable Dispute Resolution 43.1Attempt to Resolve 43.2Referral to Mediator 43.3Appointment of Mediator 43.4Agreement of Program 43.5Written Agreement to be Binding 43.6Non-binding Opinion 43.7Costs of Mediation 43.8Failure of Mediation 44.ArbitrationPARTICULAR CONDITIONS A.References from Clauses in the General Conditions B.Additional ClausesAPPENDICES A.Scope of Services B.Personnel, Equipment, Facilities and Services of Others to be Provided by the Client C.Remuneration and Payment3AGREEMENTThis Agreement made the _ day of _, _ between _ of _ (hereinafter called “the Client“) of the one part and _ of _(hereinafter called “the Consultant“) of the other part.WHEREAS the Client desires that certain Services should be performed by the Consultant, namely _ _ _ _ and has accepted a proposal by the Consultant for the performance of such Services.NOW THIS AGREEMENT WITNESSETH AS FOLLOWS1.In this Agreement words and expressions shall have the same meanings as are respectively assigned to them in the Conditions of the Client/Consultant Model Services Agreement hereinafter referred to.2.The following documents shall be deemed to form and be read and construed as part of this Agreement, namely:(a)The Letter of Acceptance;(b)The Conditions of the Client/Consultant Model Services Agreement (General Conditions and Particular Conditions)(c)The Appendices, namely: Appendix A -Scope of Services Appendix B -Personnel, Equipment, Facilities and Services of Others to be Provided by the Client Appendix C -Remuneration and Payment3.In consideration of the payments to be made by the Client to the Consultant as hereinafter mentioned the Consultant hereby agrees with the Client to perform the Services in conformity with the provisions of the Agreement.4.The Client hereby agrees to pay the Consultant in consideration of the performance of the Services such amounts as may become payable under the provisions of the Agreement at the times and in the manner prescribed by the Agreement.In Witness whereof the parties hereto have caused this Agreement to be executed the day and year first before written in accordance with their respective laws.Authorized signature(s) of Client_In the presence of:4Name: _Signature: _Address: _Authorized signature(s) of Consultant_In the presence of:Name: _Signature: _Address: _5CONDITIONS OF THE CLIENT/CONSULTANT MODEL SERVICES AGREEMENTGENERAL CONDITIONSDEFINITIONS AND INTERPR