国际工程合同及EPC合同分析.pptVIP

* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 五、 联合操作协议框架及关键条款分析 关键条款 项目联合体及合资公司的关闭。 Upon the termination of this Agreement pursuant to Clause 18 hereinabove, the Consortium shall then be dissolved and upon final distribution of profits or sharing of losses and liabilities of the JV Co. and the closing of the Site Operating Account, the Offshore Account or any other accounts opened by the Consortium of the JV Co. for the purpose of undertaking the EPCC Works, the Parties shall forthwith take all such steps do all such acts and execute all such deeds as may be necessary to dissolve the JV Co. whereby all the monies or profits of the Consortium or the JV Co. from the Site Operating Accounts or otherwise, shall be distributed to the Parties in proportion to their Participating Interest. 第六十二页，共六十七页。 五、 联合操作协议框架及关键条款分析 法律风险控制 项目联合体及合资公司的关闭。 The termination of this Agreement and/or the dissolution of the Consortium and / or JV Co. shall not prejudice any rights or remedies which any Party may be entitled to against the other Party in respect of or arising from any antecedent breach of the terms and conditions of this Agreement. 第六十三页，共六十七页。 五、 联合操作协议框架及关键条款分析 关键条款 争议解决机制。 Any dispute, controversy or claim arising out of or in relation to this Agreement or the breach, termination or invalidity thereof shall be resolved, insofar as it is possible, by mutual consultation between the Parties. ? In the event no settlement is reached by the Parties, the matter being disputed shall be referred to the Consortium Board within fourteen (14) days after a written request is made by any of the Parties for the matter to be referred to the Consortium Board. 第六十四页，共六十七页。 五、 联合操作协议框架及关键条款分析 关键条款 争议解决机制。 In the event that no settlement is reached by the Parties within twenty- one (21) days from the date the dispute, controversy or claim being heard by the Co