Equipment Installation Service Contract Jointly Signed by and between AAAAA (China) Co., Ltd. and Shanghai BBBBB Integrated Microelectronics Co., Ltd.

 

 

 

 January 8, 2008

 

 

 

Table of Contents

 

Art. 1         Recitals  

 

Art.2         Scope of Service

 

Art.3          Price

 

Art.4          Terms of Payment

 

Art.5           Responsibilities of the Two Parties

 

Art.6           Safety Responsibilities of the Parties

 

Art. 7          Breach of Contract Liability

 

Art. 8          Assignment

 

Art.9           Use of Confidential Data

 

Art.10          Force Majeure

 

Art.11         Arbitration

 

Art.12         Term of Contract

 

Art.13         Other Provisions

 

 

1.  Recitals  

 

This contract is signed jointly by the following parties:

 

AAAAA (China) Co., Ltd. (hereinafter referred to as “Party A”) and Shanghai BBBBB Integrated Microelectronics Co., Ltd. (hereinafter referred to as “Party B”)

 

Whereas Party B is fully responsible for completing relevant equipment installation services at different sites for the customers of Party A, Party A has signed an equipment installation service contract with Party B. The two parties hereto have through consultation unanimously concluded the following agreement. 

 

2. Scope of Service

 

The installation service projects under this contract shall be subject to the following provisions. Installation service may include all or part of the following projects as required:

 

2.1 Electrical Equipment Installation Projects (implemented according to the diagrams and instructions provided by Party A)

A.        Bridge Frame Installation for Machinery and Equipment

B.         Laying and Connection of Power Supply Cables for Machinery and Equipment

C.        Laying and Connection of Control Cables for Machinery and Equipment; Partial Connection of  Water and Gas Supply Pipes

D.        Provide Support to Engineering Personnel of Party A during Equipment Configuration

2.2 Other installation service provided as requested by Party A

 

2.3. The scope of this contract includes  installation services for Party A’s 200MM and 300MM equipment  in all of the clean workshops of the  customers of Party A.

 

2.4 Means of Project Contracting

    Part of the project construction is conducted through subcontracting  labor and materials. Except for the control cables and relevant accessories for the machinery and equipment described in the aforementioned installation projects, all materials shall be provided by Party A.

 

3．Price

 

See Appendix 1 and 2 for the standard prices of equipment installation services under this contract. The installation service prices include all the installation service provisions provided for in this contract, and are the basis for fixing the specific prices for the project. In addition, the price and quantity of the other installation services provided by Party B at the request of Party A shall be bid on separately and confirmed according to actual needs of the Parties.

 

4．Payment

Means of payment is as follows:

 

Party A shall pay the  amount payable to Party B through bank transfer within 30 days following receipt of the original invoice issued by Party B conditional on the following documents provided by Party B:

1. One (1) copy of the original invoice consistent with the work actually completed and inspected for engineering quantity that indicates the order number;