英文和解协议（精选3篇）
补充协议
Supplementary Agreement
签约方:
BY and BETWEEN：
(1) L.L.C. ( ”授权方”)
地址：1000 Flower Street, Glendale, Galifornia 91201
L.L.C. ( ”Licensor”) a Delaware limited liability company, with its principal office located at Glendale, California 91201; and
(2) LIMITED COMPANY( 被授权方”)
地址:中国广州市
GUANG ZHOU CAMSING LIMITED COMPANY ( ” Licensee”) with its principal office located at Guangzhou, China.
鉴于，
AS,
(A) 20__年3月12日， 与 就 事宜达成一致意见，签署了《品牌授权协议》（以下称“原协议”），协议有效期间自20__年1月1日起至20__年12月31日止；
On March 12, 20__ , and entered into a Merchandise License Agreement (hereinafter referred to as “Initial Agreement”) for “Kung Fu Panda 2”, with the period starts from January 1, 20__ to December 31, 20__;
(B) 原协议约定的授权使用费为27万美金，并应于20__年8月31日前全额付清。于签约时向支付了2.5万美金预付款，剩余款项24.5万美金至今未付；
According to Initial Agreement, USD $270,000 shall be fully paid by Camsing to as Licensing Royalty on or before August 31, 20__. has paid USD $25,000 as Advance as of the singing date of Initial Agreement, while the remaining USD $245,000 is still unpaid;
(C) 多次向催讨未付款项，结合自身对授权品牌的实际使用情况，请求从未付款项中减免部分授权使用费。
has contacted Camsing many times to collect remaining payments, while, considering about its actual application of merchandise license, requests for a deduction from the unpaid amounts.
故而，双方经友好协商对剩余款项的支付事宜达成如下补充协议：
THEREFORE, both Parties, through amicable negotiation, agree upon the payment of remaining unpaid USD $245,000 as following:
1. 同意免除自20__年1月1日起至20__年12月31日的授权使用费81,666美金；减免之后，Camsing应付的款项为163,334美金（计算方式：245,000 -81,666=163,334）。同意，按本协议约定支付减免后的授权使用费163,334美金后，不再向主张任何费用，包括但不限于授权使用费、违约金等。
agrees to exempt license royalty USD $81,666 of the period from January 1, 20__ to December 31, 20__, that is shall pay USD $163,334 to after the exemption. In the event that has fully paid the remaining license royalty USD $163,334 after exemption according to provisions hereunder, agrees that it will not claim any ge against , including but not limited to license royalty, penalty, etc.
2. 支付方案：应自20__年7月1日起至11月30日止的5个月内分五期还清全部款项163,334美金，具体付款方案如下：
20__年7月17日前 20__年8月15日前 20__年9月15日前 20__年10月15日前 20__年11月15日前
USD $30,000 USD $30,000 USD $30,000 USD $30,000 USD $43,334
合计 USD $163,334
Payment Scheme: shall pay off the remaining USD $163,334 by five payments within the period from July 1, 20__ to November 30, 20__, the payment scheme is as following (all payments should be made on or before corresponding stipulated dates):
July 17, 20__ August 15, 20__ September 15, 20__ October 15, 20__ November 15, 20__
USD $30,000 USD $30,000 USD $30,000 USD $30,000 USD $43,334
Total Amount USD $163,334
3. 前述款项的支付均应汇入指定的如下账户：
银行信息：
收 款 人：
账 号：
ABA 号：
银行代码：
联 系 人：
合约币种：
The stated payments shall be paid to the following ac specified by :
Bank Information: Bank of America
Beneficiary:
Ac No.:
ABA No.:
Swift Code:
Attention:
Contract Currency: United States Dollars.
4. 应严格按照分期付款计划执行，如有一期逾期支付则视为违约，届时剩余应付款项的支付期限立即到期，并且原先减免的20__年度81,666美金的授权使用费不再减免，将一同并入应付款项由立即一次性全额支付，同时，还应按未付款项总金额每日万分之五的标准向支付逾期付款违约金。
shall strictly abide by the payment scheme, otherwise, even one payment delay shall be deemed as breach of contract, upon the payment term of remaining amounts shall expire immediately, besides, the exemption of USD $81,666 for year 20__ shall be cancelled and calculated into the remaining unpaid amounts, which shall be fully paid in a lump sum by Camsing promptly. Meanwhile, shall pay a penalty at a rate of 0.5‰ per day of due total amount for late payment.
5. 法律适用及争议解决：本协议适用中国法律。凡因本协议引起的或与本协议有关的任何争议，均应提交至深圳国际仲裁院（SCIA）按照其仲裁规则进行仲裁，届时败诉方应承担对方为解决本争议而产生的一切合理费用，包括但不限于仲裁费、律师费、差旅费、评估费、调查费、鉴定费等相关费用。
Applicable Law and Dispute Resolution: This Agreement shall be governed by the laws of China. Any dispute arising from or in connection with this Agreement shall be submitted to Shenzhen Court of International Arbitration (SCIA) for arbitration according to SCIA’s Arbitration Rules, and the losing party shall bear all reasonable ges of the other party concerning dispute resolution, including but not limited to arbitration fees, lawyer’s fees, business trips costs, evaluatioges, investigation fees, appraisal costs, etc.);
6. 本协议生效后，即成为原协议不可分割的组成部分，与原协议具有同等法律效力。除本协议对于剩余应付款项的约定外，原协议的其余部分应完全继续有效。如本协议与原协议发生冲突时，以本协议为准。
This Agreement, after its entry into force, becomes an integral part of the Initial Agreement and has the same legal effect. Except for the provisions about the remaining unpaid payment stipulated herein, other provisions of the original agreement shall remain in full effect. In case of any discrepancy, this agreement shall prevail.
7. 本协议为中英文版本，如有不符，以中文版本为准。
This Agreement is written in Chinese and English. In case of any discrepancy, the Chinese version shall prevail.
8. 本协议一式贰份，经双方盖章及代表人签字后生效，双方各执壹份，具有同等法律效力。
This Agreement is prepared in duplicate and shall enter into force upon chops and signatures of the authorized representatives; each party holds one copy, with the same legal effect.
(Signing Page with No Text Below)
SIGNED by )
duly authorised for and on behalf of NAME )
L.L.C.
Date: )
) SIGNATURE
（签字、盖章）
SIGNED by )
duly authorised for and on behalf of NAME )
COMPANY )
) SIGNATURE
Date:
（签字、盖章）
TIMBER SALE CONTRACT - SAMPLE
The following document offers excellent guidelines when preparing a timber sale contract. Separate articles may be added to suit specific circumstances. It is advised that the Seller and Purchaser employ legal counsel to review the contract prior to its endorsement.
Contract entered into this ______ day of _____, 20___., by and between __________ of _________ Illinois, hereinafter called the Seller, and _____________, of ____________(city), ___________(state), Illinois Timber Buyer License Number _______, hereinafter called the Purchaser, WITNESSETH:
1. The Seller agrees to sell and the Purchaser agrees to buy for the total sum of ________dollars ($_______) under the conditions set forth in this contract all of the live standing timber marked or designated for cutting and all of the dead or down timber marked or designated upon an area of approximately _____ acres, situated in the _________ of Section ________, Twp._______ R._______, ____________ County, Illinois, on land owned and recorded in the name of _______________________.
The Purchaser further agrees to pay to the Seller as an initial payment under this contract the sum of _________________ dollars ($_________), receipt of which is hereby acknowledged, and a final payment in the sum of ________________ dollars ($_______), prior to any cutting or removal of timber under this contract.
2. The Seller further agrees to mark and dispose of the timber conveyed in this contract in strict accordance with the following conditions:
(a) All trees to be included in this sale will be marked with a distinctive mark on the bole and stump of each tree.
(b) No trees under _____ inches in diameter at a point 4 1/2 feet from the ground will be marked for cutting.
(c) No concurrent contract involving the area or period covered in this contract has been or will be entered into by the Seller without the written consent of the Purchaser
(d) The Purchaser and his employees shall have access to the area at all reasonable times and seasons for the purpose of carrying out the terms of this contract.
(e) Unless otherwise specified, all material contained in the marked or designated trees is included in this sale
(f)
(g)
3. The Purchaser further agrees to cut and remove all of the timber conveyed in this contract in strict accordance with the following conditions:
(a) Unless an extension of time is agreed upon in writing between the Seller and Purchaser, all timber shall be paid for, cut, and removed on or before and none after the _____ day of _______, 20___, and any material not so removed shall revert to the Seller.
(b) Unmarked trees and young timber shall be protected against unnecessary injury from felling and logging operations. If, however, unmarked trees are cut, damages shall be paid the Seller at the rate of $1 per tree per M bd. ft. for all other species, and in the event that any such trees are cut, said trees shall remain upon the premises and shall be the property of the Seller.
(c) Necessary logging roads shall be cleared by the Purchaser only after their locations have been definitely agreed upon with the Seller or his representative, and any trees to be removed in the clearing operations shall first be marked by the Seller.
(d) During the life of this contract and on the area covered, care shall be exercised by the Purchaser and his employees against the starting and spread of fire, and they shall do all in their power to prevent and control fires.
(e) Any liability for damage, destruction, or restoration of private or public improvements or personal damages occasioned by or in the exercise of this contract shall be the sole responsibility of the Purchaser, and the Purchaser shall save harmless the Seller on account of such damages.
(f) The risk if loss or damage to the trees herein purchased, from any and all causes whatever, shall be borne by purchasers from the date hereof.
(g) The Purchaser will not assign this agreement without the written consent of the Seller.
(h)
(g)
(i)
4. The Seller and Purchaser mutually agree as follows:
(a) All modifications of the contract will be reduced to writing, dated, signed, and witnessed and attached to this contract.
(b) Any need for reassignment of interest of either party may be changed within 10 days following written consent by both parties. All terms of this contract legally bind the named representatives to excuse this document as written.
(c) The total number of trees conveyed is _____ (having a volume of approximately _____bd. ft.) composed as follows:
_______ white oak, _______ red and black oak, __________________, ____________________, ______________________, __________________.
(d) In case of dispute over the terms of this contract, final decision shall rest with a reputable person to be mutually agreed upon the by parties to this contract. If the parties hereto do not agree upon a third party within 10 days following the initiation of the dispute, or in the case of further disagreement, then within 15 days from the initiation of the dispute, it shall be submitted to a Board of Arbitration of three persons, one to be selected by each party to this contract and the third to be selected by the other two. The Board shall decide the dispute within 5 days after the matter is referred to it.
In the event that damages are awarded to the Seller by the Board of Arbitration and are not paid on the date that the award is made, then all operations of the Purchaser shall immediately cease, and if the award is not paid or satisfied within 30 days after the date of award, the Seller may take immediate possession of the premises upon which the timber is located, shall retain as liquidated damages all money paid by the Purchaser, and the title to all timber shall revert to and become the property of the seller.
In witness whereof, the parties hereto have set their hands and seals this __________ day of ______________________ 20____.
WITNESSES:
______________________________ ______________________________
for the Purchaser Purchaser
______________________________ ______________________________
for the Seller Seller
courtesy of Peter B. Finn, ESQ, Senior Partner, Rubin and Rudman LLP , .
CONSULTING AGREEMENT
, 200_ (the "Effective Date") by and between XYZ Corporation, a ______________ corporation duly organized under law and having an usual place of business at _______________________(hereinafter referred to as the “Company") and (hereinafter referred to as the "Consultant").
WHEREAS, the Company wishes to engage the Consultant to provide the services described herein and Consultant agrees to provide the services for the compensation and otherwise in accordance with the terms and conditions contained in this Agreement,
NOW THEREFORE, in consideration of the foregoing, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, accepted and agreed to, the Company and the Consultant, intending to be legally bound, agree to the terms set forth below.
1. TERM. Commencing as of the Effective Date, and continuing for a period of ____ (__) years (the “Term”), unless earlier terminated pursuant to Article 4 hereof, the Consultant agrees that he/she will serve as a consultant to the Company. This Agreement may be renewed or extended for any period as may be agreed by the parties.
2. DUTIES AND SERVICES.
(a) the “Duties” or “Services”).
(b) Consultant agrees that during the Term he/she will devote up to ____ (__) days per month to his/her Duties. The Company will periodically provide the Consultant with a schedule of the requested hours, responsibilities and deliverables for the applicable period of time. The Duties will be scheduled on an as-needed basis.
(c) The Consultant represents and warrants to the Company that he/she is under no contractual or other restrictions or obligations which are inconsistent with the execution of this Agreement, or which will interfere with the performance of his/her Duties. Consultant represents
courtesy of Peter B. Finn, ESQ, Senior Partner, Rubin and Rudman LLP , .
and warrants that the execution and performance of this Agreement will not violate any policies or procedures of any other person or entity for which he/she performs Services concurrently with those performed herein.
(d) In performing the Services, Consultant shall comply, to the best of his/her knowledge, with all business conduct, regulatory and health and safety guidelines established by the Company for any governmental authority with respect to the Company’s business.
3. CONSULTING FEE.
(a) Subject to the provisions hereof, the Company shall pay Consultant a consulting ($______) Dollars for each hour of Services provided to the Company (the ting form, a listing of his/her hours, the Duties performed and a summary of his/her activities. The Consulting Fee shall be paid within fifteen (15) days of the Company’s receipt of the report and invoice.
(b) Consultant shall be entitled to prompt reimbursement for all pre-approved expenses incurred in the performance of his/her Duties, upon submission and approval of written statements and receipts in accordance with the then regular procedures of the Company.
(c) The Consultant agrees that all Services will be rendered by him/her as an independent contractor and that this Agreement does not create an employer-employee relationship between the Consultant and the Company. The Consultant shall have no right to receive any employee benefits including, but not limited to, health and accident insurance, life insurance, sick leave and/or vacation. Consultant agrees to pay all taxes including, self-employment taxes due in respect of the Consulting Fee and to indemnify the Company in the event the Company is required to pay any such taxes on behalf of the Consultant.
4. EARLY TERMINATION OF THE TERM.
(a) If the Consultant voluntarily ceases performing his/her Duties, becomes physically or mentally unable to perform his/her Duties, or is terminated for cause, then, in each instance, the Consulting Fee shall cease and terminate as of such date. Any termination “For Cause” shall be made in good faith by the Company’s Board of Directors.
(b) This Agreement may be terminated without cause by either party upon not less than thirty (30) days prior written notice by either party to the other.
(c) Upon termination under Sections 4(a) or 4(b), neither party shall have any further obligations under this Agreement, except for the obligations which by their terms survive this termination as noted in Section 16 hereof. Upon termination and, in any case, upon the
courtesy of Peter B. Finn, ESQ, Senior Partner, Rubin and Rudman LLP , .
Company’s request, the Consultant shall return immediately to the Company all Confidential Information, as hereinafter defined, and copies thereof.
5. RESTRICTED ACTIVITIES. During the Term and for a period of one (1) year thereafter, Consultant will not, directly or indirectly:
(i) solicit or request any employee of or consultant to the Company to leave
the employ of or cease consulting for the Company;
(ii) solicit or request any employee of or consultant to the Company to join the
employ of, or begin consulting for, any individual or entity that researches,
develops, markets or sells products that compete with those of the Company;
(iii) solicit or request any individual or entity that researches, develops,
markets or sells products that compete with those of the Company, to employ or
retain as a consultant any employee or consultant of the Company; or
(iv) induce or attempt to induce any supplier or vendor of the Company to
terminate or breach any written or oral agreement or understanding with the
Company.
6. PROPRIETARY RIGHTS.
(a) For the purposes of this Article 6, the terms set forth below shall have the following meanings:
(i) to Consultant or which are first developed by Consultant during the course of the performance of Services hereunder and which relate to the Company' present, past or prospective business activities, services, and products, all of which shall remain the sole and exclusive property of the Company. The Consultant shall have no publication rights and all of the same shall belong exclusively to the Company.
(ii) For the purposes of this Agreement,
Confidential Information shall mean and collectively include: all information relating to the business, plans and/or technology of the Company including, but not limited to technical information including inventions, methods, plans, processes, specifications, characteristics, assays, raw data, scientific preclinical or clinical data, records, databases, formulations, clinical protocols, equipment design, know-how, experience, and trade secrets; developmental, marketing, sales, customer, supplier, consulting relationship information, operating, performance, and cost information; computer programming techniques whether in tangible or intangible form, and all record bearing media
courtesy of Peter B. Finn, ESQ, Senior Partner, Rubin and Rudman LLP , .
containing or disclosing the foregoing information and techniques including, written business plans, patents and patent applications, grant applications, notes, and memoranda, whether in writing or presented, stored or maintained in or by electronic, magnetic, or other means.
Notwithstanding the foregoing, the term “Confidential Information” shall not
include any information which: (a) can be demonstrated to have been in the public domain or was publicly known or available prior to the date of the disclosure to Consultant; (b) can be demonstrated in writing to have been rightfully in the possession of Consultant prior to the disclosure of such information to Consultant by the Company; (c) becomes part of the public domain or publicly known or available by publication or otherwise, not due to any unauthorized act or omission on the part of Consultant; or (d) is supplied to Consultant by a third party without binder of secrecy, so long as that such third party has no obligation to the Company or any of its affiliated companies to maintain such information in confidence.
(b) Except as required by Consultant's Duties, Consultant shall not, at any time now or in the future, directly or indirectly, use, publish, disseminate or otherwise disclose any Confidential Information, Concepts, or Ideas to any third party without the prior written consent of the Company which consent may be denied in each instance and all of the same, together with publication rights, shall belong exclusively to the Company.
(c) All documents, diskettes, tapes, procedural manuals, guides, specifications, plans, drawings, designs and similar materials, lists of present, past or prospective customers, customer proposals, invitations to submit proposals, price lists and data relating to the pricing of the Company' products and services, records, notebooks and all other materials containing Confidential Information or information about Concepts or Ideas (including all copies and reproductions thereof), that come into Consultant's possession or control by reason of Consultant's performance of the relationship, whether prepared by Consultant or others: (a) are the property of the Company, (b) will not be used by Consultant in any way other than in connection with the performance of his/her Duties, (c) will not be provided or shown to any third party by Consultant, (d) will not be removed from the Company's or Consultant’s premises (except as Consultant's Duties require), and (e) at the termination (for whatever reason), of Consultant's relationship with the Company, will be left with, or forthwith returned by Consultant to the Company.
(d) The Consultant agrees that the Company is and shall remain the exclusive owner of the Confidential Information and Concepts and Ideas. Any interest in patents, patent applications, inventions, technological innovations, trade names, trademarks, service marks, copyrights, copyrightable works, developments, discoveries, designs, processes, formulas,
courtesy of Peter B. Finn, ESQ, Senior Partner, Rubin and Rudman LLP , .
know-how, data and analysis, whether registrable or not ("Developments"), which Consultant, as a result of rendering Services to the Company under this Agreement, may conceive or develop, shall: (i) forthwith be brought to the attention of the Company by Consultant and (ii) belong exclusively to the Company. No license or conveyance of any such rights to the Consultant is granted or implied under this Agreement.
(e) The Consultant hereby assigns and, to the extent any such assignment cannot be made at present, hereby agrees to assign to the Company, without further compensation, all of his/her right, title and interest in and to all Concepts, Ideas, and Developments. The Consultant will execute all documents and perform all lawful acts which the Company considers necessary or advisable to secure its rights hereunder and to carry out the intent of this Agreement.
7. EQUITABLE RELIEF. Consultant agrees that any breach of Articles 5 and 6 above by him/her would cause irreparable damage to the Company and that, in the event of such breach, the Company shall have, in addition to any and all remedies of law, the right to an injunction, specific performance or other equitable relief to prevent the violation or threatened violation of Consultant's obligations hereunder.
8. WAIVER. Any waiver by the Company of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach of the same or any other provision hereof. All waivers by the Company shall be in writing.
9. SEVERABILITY; REFORMATION. In case any one or more of the provisions or parts of a provision contained in this Agreement shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision or part of a provision of this Agreement; and this Agreement shall, to the fullest extent lawful, be reformed and construed as if such invalid or illegal or unenforceable provision, or part of a provision, had never been contained herein, and such provision or part reformed so that it would be valid, legal and enforceable to the maximum extent possible. Without limiting the foregoing, if any provision (or part of provision) contained in this Agreement shall for any reason be held to be excessively broad as to duration, activity or subject, it shall be construed by limiting and reducing it, so as to be enforceable to the fullest extent compatible with then existing applicable law.
10. ASSIGNMENT. The Company shall have the right to assign its rights and obligations under this Agreement to a party which assumes the Company' obligations hereunder. Consultant shall not have the right to assign his/her rights or obligations under this Agreement without the prior written consent of the Company. This Agreement shall be binding upon and inure to the benefit of the Consultant's heirs and legal representatives in the event of his/her death or disability.
因篇幅问题不能全部显示，请点此查看更多更全内容