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Memorandum of independent expert examination
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Memorandum of independent expert examination
Cape Town
1. Memorandum of independent expert examination (hereinafter — the Memorandum) defines (forms) main regulations, conditions, order of carrying out and concluding deals, connected with the conclusion of the Contract Assignment on carrying out of an independent expert examination and the Expert Loan Contract, and also the essence and the maintenance of carrying out directly the independent expert examination.
1. Memorandum of independent expert examination (hereinafter — the Memorandum) defines (forms) main regulations, conditions, order of carrying out and concluding deals, connected with the conclusion of the Contract Assignment on carrying out of an independent expert examination and the Expert Loan Contract, and also the essence and the maintenance of carrying out directly the independent expert examination.
1.1. PARTIES under the Contract Assignment on carrying out of an independent expert examination dd «___» _____________ 20___ г. № __ (hereinafter — Comission Contract on independent expert) и Loan Contract (expert) dd «___» _____________ 20___ г. № __ (hereinafter — Loan Contract (expert)) (hereinafter all — Contracts) entered the Memorandum as follows:
2. PARTY-1 to PARTY-2 guarantees:
at the moment of signing the Memorandum and the Contracts, property of PARTY-1, which is an object of expert appraisal is not sold (not assignment) to the third parties, is not arrested under court decision, is not disputed, third parties at the moment of concluding the Memorandum and the Agreement did not claim any prospective or valid property rights.
at the moment of signing the Memorandum and the Contracts, property of PARTY-1, which is an object of expert appraisal is not sold (not assignment) to the third parties, is not arrested under court decision, is not disputed, third parties at the moment of concluding the Memorandum and the Agreement did not claim any prospective or valid property rights.
2.2. signing the documents of the Contract Assignment on carrying out of an independent expert examination and the Expert Loan Contract and according to the order and conditions of Independent examination itself,PARTY-1 is aware and informed of all the aspects, peculiarities, conditions, consequences and responsibilities connected with this kind of transactions.
2.3. PARTY-1 assigns to PARTY-2 the starting date of works performance terms (services) under the Contract Assignment on carrying out of an independent expert examination and the Requirement specification (request) on examination carrying out.
2.4. PARTY-1 does not intend to fulfill a mock or an artificial deal.
2.5. PARTY-1 intentions don’t have any violent influence such as delusion, deceit, violence, threat or ill-intentioned agreement of one PARTY representative from another.
2.6 at the moment of signing the present Memorandum and the Agreement, the PARTY is absolutely competent and able to comprehend the sense of its actions which are in control and accurately directed.
2.7. PARTY-1 enters the Agreements not aiming to receive any results, data, information etc. for personal, family or any domestic usage.PARTY-1 carries out business activity only.
2.8. unless otherwise specified in
the Contract for Independent Expert Examination and / or the Loan Agreement
(expert), PARTY-1 carries out entrepreneurial activities.
2.9. PARTY-1 has read in full all articles of the Agency Agreement of the independent examination, all appendices to it on website http://2450245.info/agreement/ , text of the specified Agreement is understood in full and in its separate parts.
2.10. PARTY-1 has read in full all articles of the Loan Agreement (expert), all appendices to it on website http://2450245.info/agreement/ , text of the specified Agreement is understood in full and in its separate parts.
2.11. PARTY-1 made its own decision to sign the Contract and was not influenced (enforced) by PARTY-2 or any other PARTYs. PAR-TY-1 was not forced to sign the Contract Assignment on carrying out of an independent expert examination; it is its one and only intention and decision.
2.12. PARTY-1 has read all Rules of the Arbitration
Center at the Autonomous Non-Profit Organization "Institute of Contemporary
Arbitration", and all attachments, the text of the Regulation is clear
(understandable) as an entire text and as separate parts as well.
2.13. PARTY-1 read and is now completely aware of all the rules of Regulation of constantly operating Federal arbitration court (11-A, 1st driveway Perova Polya st., Moscow), and all attachments, the text of the Regulation is clear (understandable) as an entire text and as separate parts as well.
3. PARTY-2 to PARTY-1 guarantees:
3.1. The independent expert examination is fulfilled by XANTO TRADING LLP or the organizations having special approval for such activity implementation by XANTO TRADING LLP.
3.1. The independent expert examination is fulfilled by XANTO TRADING LLP or the organizations having special approval for such activity implementation by XANTO TRADING LLP.
3.2. The basic examination purpose is the property accessory estimation, being an object a of an independent expert examination carrying out, type of membership, and also the certificate(document) holder status confirming the right for property, being object of an independent expert examination.
3.3. PARTY-1 assignment will be executed according to the Requirement specification (request) of its examination carrying out.
3.4. at the moment of signing the present Memorandum, PARTY-2 is capable of all needed power, authorities and facilities for the independent expert examination implementation for PARTY-1 property.
3.5. PARTY-2 does not intend to fulfill a mock or an artificial deal.
3.6. PARTY-2 intentions don’t have any violent influence such as delusion, deceit, violence, threat or ill-intentioned agreement of one PARTY representative from another.
3.7. at the moment of signing the present Memorandum, the PARTY is absolutely competent and able to comprehend the sense of its actions which are in control and accurately directed.
4. PARTY-1 is aware of:
4.1. PARTY-2 does not request or demand any advanced payments from PARTY-1 within the bounds of the present Memorandum im-plementation.
4.1. PARTY-2 does not request or demand any advanced payments from PARTY-1 within the bounds of the present Memorandum im-plementation.
4.2. for appropriate obligations execution within the bounds of the present Memorandum, the Requirement specification (request) on examination carrying out shall be given to PARTY-2.
5. PARTIES assure that:
5.1. In accordance with the para. 3 of the article 428 of the Russian
Federation: Civil code:
5.1.1. neither Party was put in a position that comprises a significant
hindrance to agreement upon another contents of particular terms
of the present Memorandum or Contract as they had equal
negotiating power;
5.1.2. the terms of the present Memorandum and Contract were
defined by the both Parties;
5.1.3. the negotiating power equality is evident;
5.2. the conditions of the present Memorandum and Contract are not defined by them in forms or any other standard patterns
5.3. the parties have right to make changes to the present Memorandum and Contract when each change is under agreement to an opposite PARTY.
5.4. the present Memorandum and Contracts are not a version of a Connection contract.
PARTY-1
(PRINCIPAL / DEBTOR)
Full name: ____________
Nationality: ____________
Date of birth: __________
Place of birth: _________
Residence: ____________
Tel/Fax: ____________
E-mail: ____________
ID (name, series, number, delivery date, issued by, other info): _________
_____________________________________________ Full name
PARTY-2
(AGENT / MUTUANT)
ALPA CONSULTING (PTY) Ltd
Reg. nr: 2017/499886/ 07
Address: No.1Bridgeway Century City, CAPE TOWN, R.S.A. 7446
Tel: +27(0)21 830-5465
Tel: +27(0)83 394 0870
E-mail: time@alpa-consulting.com
Branch in Russia: 125009, Russia, Moscow, Bolshaya Dmitrovka street, 5/6 bld 3
Tel./fax: +7 (495) 245 0 245
E-mail: time@alpa-consulting.com
Postal address: Postnet Suite 1027, Private Bag X2, CENTURY CITY, R.S.A. 7446
General manager
____________________________________________ Adio A.
L.S.
5.1. In accordance with the para. 3 of the article 428 of the Russian
Federation: Civil code:
5.1.1. neither Party was put in a position that comprises a significant
hindrance to agreement upon another contents of particular terms
of the present Memorandum or Contract as they had equal
negotiating power;
5.1.2. the terms of the present Memorandum and Contract were
defined by the both Parties;
5.1.3. the negotiating power equality is evident;
5.2. the conditions of the present Memorandum and Contract are not defined by them in forms or any other standard patterns
5.3. the parties have right to make changes to the present Memorandum and Contract when each change is under agreement to an opposite PARTY.
5.4. the present Memorandum and Contracts are not a version of a Connection contract.
PARTY-1
(PRINCIPAL / DEBTOR)
Full name: ____________
Nationality: ____________
Date of birth: __________
Place of birth: _________
Residence: ____________
Tel/Fax: ____________
E-mail: ____________
ID (name, series, number, delivery date, issued by, other info): _________
_____________________________________________ Full name
PARTY-2
(AGENT / MUTUANT)
ALPA CONSULTING (PTY) Ltd
Reg. nr: 2017/499886/ 07
Address: No.1Bridgeway Century City, CAPE TOWN, R.S.A. 7446
Tel: +27(0)21 830-5465
Tel: +27(0)83 394 0870
E-mail: time@alpa-consulting.com
Branch in Russia: 125009, Russia, Moscow, Bolshaya Dmitrovka street, 5/6 bld 3
Tel./fax: +7 (495) 245 0 245
E-mail: time@alpa-consulting.com
Postal address: Postnet Suite 1027, Private Bag X2, CENTURY CITY, R.S.A. 7446
General manager
____________________________________________ Adio A.
L.S.
5.2. the parties have right to make changes to the present Memorandum and Contract when each change is under agreement to an opposite PARTY.
5.3. the present Memorandum and Contract are not a version of a Connection contract.
PARTY-1
(PRINCIPAL / DEBTOR)
Full name: ______________________
Nationality: _____________________
Date of birth: ___________________
Place of birth: ___________________
Residence: ______________________
Tel/Fax: _______________________
E-mail: _______________________
ID (name, series, number, delivery date, issued by, other info): ______________________
________________________________________ FIO
PARTY-2
(AGENT / MUTUANT)
ALPA CONSULTING LIMITED
Company Number: 2017/499886/07
Address No.1 Bridgeway
Century City,
CAPE TOWN, R.S.A. 7441
Tel.: +2721 830-5465
Dir. Line: +2721 830-5465
An address of office is in Russia: 125009, Russia, Moscow, Georgievskiy side-street, house 1, structure 2
Tel./fax: +7 (495) 245 0 245
E-mail: time@alpa-consulting.com
General manager
____________________________________________ Akenzua A.
L.S.
PARTY-1
(PRINCIPAL / DEBTOR)
Full name: ______________________
Nationality: _____________________
Date of birth: ___________________
Place of birth: ___________________
Residence: ______________________
Tel/Fax: _______________________
E-mail: _______________________
ID (name, series, number, delivery date, issued by, other info): ______________________
________________________________________ FIO
PARTY-2
(AGENT / MUTUANT)
ALPA CONSULTING LIMITED
Company Number: 2017/499886/07
Address No.1 Bridgeway
Century City,
CAPE TOWN, R.S.A. 7441
Tel.: +2721 830-5465
Dir. Line: +2721 830-5465
An address of office is in Russia: 125009, Russia, Moscow, Georgievskiy side-street, house 1, structure 2
Tel./fax: +7 (495) 245 0 245
E-mail: time@alpa-consulting.com
General manager
____________________________________________ Akenzua A.
L.S.
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