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The commission contract on independent expert examination
The value of your timeshare
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The commission contract on independent expert examination
4.2. The Agent compensation under the present Contract makes ______________ RUB.
5. GUARANTEE AND ASSURANCE
5.1. The Principal to the Agent guarantees:
5.1.1. the present Contract is not a mock or an artificial transaction made by violent influence such as delusion, deceit, violence, threat or ill-intentioned agreement of one side representative from another;
5.2.2. at the moment of signing the present Contract, it (the Principal) is absolutely competent and able to comprehend the sense of its actions which are in control and accurately directed.
5.2. the PARTIES assure that:
5.2.1 In accordance with the para. 3 of the article 428 of the Russian
Federation: Civil code:
5.2.1.1 neither Party was put in a position that comprises a significant hindrance to agreement upon another contents of particular terms of the present Contract as they had equal negotiating power;
5.2.1.2. the terms of the present Contract were
defined by the both Parties;
5.2.1.3. the negotiating power equality is evident;
5.2.2. the present Contract conditions are not defined by them in forms or any other standard patterns;
5.2.3. there is a right to make changes to the present Contract when each change is under agreement to an opposite side;
5.2.4.the present Contract is not a version of a Connection contract.
5.1. The Principal to the Agent guarantees:
5.1.1. the present Contract is not a mock or an artificial transaction made by violent influence such as delusion, deceit, violence, threat or ill-intentioned agreement of one side representative from another;
5.2.2. at the moment of signing the present Contract, it (the Principal) is absolutely competent and able to comprehend the sense of its actions which are in control and accurately directed.
5.2. the PARTIES assure that:
5.2.1 In accordance with the para. 3 of the article 428 of the Russian
Federation: Civil code:
5.2.1.1 neither Party was put in a position that comprises a significant hindrance to agreement upon another contents of particular terms of the present Contract as they had equal negotiating power;
5.2.1.2. the terms of the present Contract were
defined by the both Parties;
5.2.1.3. the negotiating power equality is evident;
5.2.2. the present Contract conditions are not defined by them in forms or any other standard patterns;
5.2.3. there is a right to make changes to the present Contract when each change is under agreement to an opposite side;
5.2.4.the present Contract is not a version of a Connection contract.
6. PARTIES RESPONSABILITIES
6.1. In case of obligations breach the Principal pays to the Agent fine (penalty fee) at a rate of 0,05% from the sum specified in article 4.1 of the present Contract.
6.2. In case of obligations breach, the Principal pays to the Agent fine (penalty fee) at a rate of 0,05% from the sum, specified in article 4.1 of the present Contract o per every day of delay.
6.3. Penalty payment does not release the Parties from obligations execution taken up according to the present Contract.
6.4.The AGENT shall have the right to suspend the fulfilment of obligations under this Contract until the corresponding violations are eliminated in the following cases:
6.4.1. in case of signing of the Contract with the Statement of Disagreements by the PRINCIPAL without prior harmonization of these disagreements with the AGENT.
6.4.2. In case of PRINCIPAL breach of the Contract and/or Annexes thereto, provided for in par. 3.2.6 of the Contract.
6.4.3. In case of PRINCIPAL breach of the procedure for signing the Contract and/or Annexes thereto, provided for in par. 9.7. of the Contract.
6.1. In case of obligations breach the Principal pays to the Agent fine (penalty fee) at a rate of 0,05% from the sum specified in article 4.1 of the present Contract.
6.2. In case of obligations breach, the Principal pays to the Agent fine (penalty fee) at a rate of 0,05% from the sum, specified in article 4.1 of the present Contract o per every day of delay.
6.3. Penalty payment does not release the Parties from obligations execution taken up according to the present Contract.
6.4.The AGENT shall have the right to suspend the fulfilment of obligations under this Contract until the corresponding violations are eliminated in the following cases:
6.4.1. in case of signing of the Contract with the Statement of Disagreements by the PRINCIPAL without prior harmonization of these disagreements with the AGENT.
6.4.2. In case of PRINCIPAL breach of the Contract and/or Annexes thereto, provided for in par. 3.2.6 of the Contract.
6.4.3. In case of PRINCIPAL breach of the procedure for signing the Contract and/or Annexes thereto, provided for in par. 9.7. of the Contract.
7. FORCE-MAJEUR
7.1. At force majeur circumstances occurrence that the PARTIES consider as complicating for the present Contract execution such as military actions, acts of nature, epidemics, prohibitive certificates of the state bodies, judicial certificates, fires, earthquakes and flooding, the PARTIES are then released from the responsibility for wrong time obligations execution according to the present Contract for the period of such circumstances action but on condition of the immediate notice of the above-stated circumstances approach to other PARTY.
7.1. At force majeur circumstances occurrence that the PARTIES consider as complicating for the present Contract execution such as military actions, acts of nature, epidemics, prohibitive certificates of the state bodies, judicial certificates, fires, earthquakes and flooding, the PARTIES are then released from the responsibility for wrong time obligations execution according to the present Contract for the period of such circumstances action but on condition of the immediate notice of the above-stated circumstances approach to other PARTY.
8. DISPUTES RESOLUTION ORDER
8.1. The Parties came to an agreement that all disputes between them in the pre-trial order will be resolved through negotiations in compliance with the claim procedure.
8.2. If the claim is received, the Party is obliged to review it and forward the response to the claiming party within twenty (20) business days from the date of receipt of the claim. If the claim is left without consideration (no reply has been received), as well as in case of refusal of its satisfaction (full or partial), the Party submitting the claim, starting from the twenty-first (21) business day from the date of receipt of the claim by the other Party, has the right to refer the dispute to the court in accordance with paragraph 8.3 of this Agreement.
8.3. Any arguments appearing or that might appear upon the present Contract (specific legal relation) between the PARTIES also connected with its conclusion, execution (non-execution or incorrect execution), alteration, abrogation, ineffectiveness (fully or partly) shall be resolved by arbitration administered by the Arbitration Center at the autonomous non-profit organization "Institute of Contemporary Arbitration" in accordance with the provisions of the Arbitration Rules.
8.1. The Parties came to an agreement that all disputes between them in the pre-trial order will be resolved through negotiations in compliance with the claim procedure.
8.2. If the claim is received, the Party is obliged to review it and forward the response to the claiming party within twenty (20) business days from the date of receipt of the claim. If the claim is left without consideration (no reply has been received), as well as in case of refusal of its satisfaction (full or partial), the Party submitting the claim, starting from the twenty-first (21) business day from the date of receipt of the claim by the other Party, has the right to refer the dispute to the court in accordance with paragraph 8.3 of this Agreement.
8.3. Any arguments appearing or that might appear upon the present Contract (specific legal relation) between the PARTIES also connected with its conclusion, execution (non-execution or incorrect execution), alteration, abrogation, ineffectiveness (fully or partly) shall be resolved by arbitration administered by the Arbitration Center at the autonomous non-profit organization "Institute of Contemporary Arbitration" in accordance with the provisions of the Arbitration Rules.
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