The main contents of the commissioned management running agreement: 1, the basic identity information of A and B; 2, introduction to the commissioned matters and the basic situation; 3, the commissioned contract mode and commissioning method; 4, commissioned service fees and payment method; 5, indicating other costs; 6, the rights and responsibilities of both parties; 7, breach of contract terms; 8, dispute resolution; 9, the contract entry into force mode.
Commissioning Management Operation Agreement Model 1
Party A:
Party B:
Party A, in order to promote the development of the school, to create a good school environment, to promote the reform of the school logistics service, to better serve the teachers and students, and to serve the work of education and teaching in the school, Party A will entrust the school logistics service to Party B for the management of operation Party A will entrust Party B with the operation and management of the school logistics service, and Party A will supervise and manage the service. Party A and Party B reached the following agreement by consensus.
One, capital advances:
1, Party B can advance the funds added to the logistical services equipment and facilities, Party A to pay all the funds within one year, or deducted in the contracting costs. (Can also be converted to risk deposit).
Two, hosting time:
Hosting period of six years, from _ year _ month _ to _ year _ month _, of which the probationary period of one year, one year later, recognized by the school, and no security accidents, the contract continues to be fulfilled, otherwise the contract is suspended. (Party A's teachers and students are dissatisfied or less satisfied with the services provided by Party B, the contract can be terminated at any time)
Three, the rights and obligations:
1, Party A will be entrusted to the logistical service project to Party B operation, management, and gratuitous provision of the above project business required licenses, service rooms and venues.
2. During the operation period of the logistic service project contracted by Party B, the operational nature of the generated, all teachers and students all use the Campus One Card. Party B does not collect cash. In the event of special circumstances (power outages, one card system failure, you can charge cash). The turnover of the day is calculated according to the average value of students in school in that month.
3. Party B pays Party A 5% of the total turnover as contracting fee. The contracting fee will be settled at the end of each period.
4, where Party B has the ability to undertake Party A's internal and external hospitality are handled by Party B, including the college entrance exams when the students unified food, etc..
5. Party A guarantees that the number of students will not be less than 600 per meal.
6, large equipment, facilities and facilities to add inside and outside the cafeteria remodeling by Party A is responsible for Party B is responsible for the daily maintenance, and small facilities and equipment input.
7, the canteen inside and outside of the water costs incurred by Party A is responsible for.
8, Party A adopts semi-closed management, students living in the school in principle, not allowed to go out of the school, Party B is responsible for good logistics services to ensure that teachers and students in the school in normal order.
9, Party B labor autonomy, to comply with relevant state regulations.
10, school vacation, Party A should notify Party B one day in advance, otherwise all the losses caused by Party A bear all.
11, Party B in the hosting business period, should be in line with the credibility of the first, quality first, service teachers and students, teachers and students to the benefit of the purpose. In accordance with the requirements of national laws and policies, legal business, strict implementation of national food hygiene standards, compliance with the law, comply with the relevant provisions of the higher and related departments, to comply with school rules and regulations and meal times, and shall not interfere with the normal order of the party teaching.
12, Party B's operation, Party A shall not allow any individual (including staff) and organizations in the school to engage in the same, related to Party B's operation of the project business activities, once found, should be stopped immediately, or Party A shall compensate Party B (calculated by all the costs incurred per day or by the breach of contract)
13, Party A in the meet a variety of inspections before the timely notification and guidance Party B do a good job of related work, such as the superior inspection failed, Party B bear the responsibility.
14. Party B shall hand over all the equipment and facilities to Party A upon the expiration of the operation period, and Party B shall enjoy the priority right of operation under the same conditions.
15, Party B should educate the employees hired to do a good job of the corresponding safety work, and timely removal of potential safety hazards, in the production and operation process of food safety and employee safety by Party B is responsible for, and Party A has nothing to do; non-human accidents, by the A and B negotiation, Party B paid a deposit of one hundred thousand yuan, the contracting period is over, no safety incidents, Party A returned the deposit to Party B, no interest. Interest.
16, Party A for Party B to provide staff accommodation, logistical services office, no further charges, Party B staff accommodation used by Party A is responsible for the cost of water and electricity.
17, Party B shall not use the business site to engage in illegal and criminal activities during the operation period, and shall not sell all kinds of cigarettes, alcohol, poisonous, rotten and expired food to students.
18, Party B in the contracting period, if Party A mismanagement, Party B has the right not to pay the contracting fees, and return the deposit, and compensation for breach of contract.
Four, consultation and settlement:
1, this agreement in the implementation of disputes, the two sides should be negotiated to solve the problem, such as negotiation fails, either party can file a lawsuit to the people's court.
2, in the implementation of this agreement, if there is a need to change or supplement, the two sides should be resolved through separate consultations, and the agreement reached should be in writing, as an attachment to this agreement, has the force of law.
V. Other:
This agreement is in quadruplicate, the two sides signed and sealed to take effect. Each two copies, with the same legal effect.
Party A (official seal): _________ Party B (official seal): _________
Legal representative (signature): _________Legal representative (signature): _________
_________ year ____ month ____ day _________ year ____ month ____ Day
Trusted Management Running Agreement Model 2
Party A (Principal):
Legal Representative:
Address:
Tel:
Party B (Trustee):
Legal Representative:
Address. Tel:
Party A and B, in the spirit of equality, voluntariness, mutual benefit, honesty and credit, in accordance with the "Chinese People's *** and the National Law", "Chinese People's *** and the State Contract Law" and other relevant laws, rules and regulations, to sign this agreement, *** with the compliance with the implementation.
I. Party A, in order to realize the preservation and enhancement of the value of assets, entrusted Party B with asset management, Party B to the stock financial investment expertise, risk control and position management experience based on the advantages of Party A's entrustment.
II. Types of Entrusted Assets and Evaluation Methods
Party A guarantees the legality of the entrusted assets, and the principal of the funds entrusted by Party A for management amounted to RMB ______,000,000;
III. The entrusted assets of Party A are directly remitted by Party A to the fund account opened by Party A's company in the bank (hereinafter referred to as the "Entrusted Account"). "), the account corresponds to the following bank account number:
Account bank:
Account name:
Account number:
Fourth, the purpose and principles of entrusted asset management
Asset entrusted management is the purpose of entrusting Party B to carry out the stock of the special account financial management, decentralization and reduction of risk, in accordance with the agreement of the contract to ensure that the The safety of the entrusted assets, so that the entrusted assets can achieve the preservation and appreciation of the value of the entrusted assets, and to entrust the safety of the assets, profitability as the principle of operation.
V. Commitments of both parties
1. Party A commits that:
(1) Party A commits that the entrusted assets are of legal origin and have undisputed ownership in law;
(2) Party A commits that the entrusted funds are legally permitted to be utilized in the investment field agreed upon;
(3) Party A clearly understands the restrictive provisions of the state on investment in financial market assets. financial market assets;
(4) Party A undertakes that Party B has completed the risk disclosure of the entrusted matters and Party A has fully understood the risks disclosed by Party B;
(5) Party A undertakes that Party A is aware of the possibility of other unforeseeable market risks (not limited to China's domestic market), policy risks and legal risks not disclosed by Party B, and voluntarily bears such risks in the process of entrusting the matters;
(6) Party A undertakes that Party B is aware of the possibility of other unforeseeable market risks (not limited to China's domestic market), policy risks and legal risks not disclosed by Party B and willingly bears such risks;
(6) Party A undertakes to participate in all matters in the operation of funds in its true capacity.
2. Party B undertakes that:
(1) Party B undertakes to have the qualification to operate the entrusted assets;
(2) Party B undertakes to have the qualified personnel to operate the assets;
(3) Party B undertakes to operate the entrusted assets only within the lawful limits;
(4) Party B undertakes to have fully and thoroughly detailed information to Party A on all foreseeable risks in a manner understandable to Party B;
(5) Party B undertakes to provide Party A with a full and detailed report of all foreseeable risks to Party B in a manner that Party A can understand. in a manner understandable to us.
VI. Investment Scope
Party A entrusts Party B with the entrusted management of the above assets, the scope of which is the investment portfolio of stocks, funds, bonds and other financial products approved or filed for issuance by the financial regulatory authorities in Shanghai and Shenzhen stock exchanges. The above "stocks, funds and bonds" are limited to the corresponding trading varieties listed and traded on the Shanghai and Shenzhen Stock Exchanges.
VII. Entrustment Period
Since the establishment of this contract, Party A and Party B will determine the date of cooperation, Party A will transfer the funds of RMB ______,000,000 into Party B's account for subscribing to the financial plan. Since the establishment of the financial plan, the commission period ____ months.
VIII. Entrusted matters
Party A entrusts Party B to subscribe to the financial plan in Party A's name and carry out the stock business, and the specific content of the transaction and operation and management are left to Party B to decide.
IX. Management fee
1. Payment time and method. Party A shall transfer the management fee receivable by Party B from the entrusted account to the following designated bank account within five working days upon the expiration of the entrusted period of liquidation:
Account Bank:
Account Name:
Account No.
Party B's receivable management fee arrives at the account, and Party A will show the payment voucher issued by the bank to Party B to the Settlement Department of the Party B and the company where it is deposited, and then Party A may allocate the remaining Funds.
2, income distribution. At the end of the commission period, the account revenue ___% (including) or less to Party A, ___% of the part above to Party B.
3. Party B agrees to Party A's requirement that the account return shall not be less than ____% of the entrusted assets. If Party A's account return is less than ____% of the entrusted assets, the loss of the lower portion shall be borne by Party B, which shall be replenished five working days after the expiration of the period.
X. Agreement on the management of funds
1. Party A undertakes that, unless the term of this contract expires or both parties agree to terminate the agreement in advance, Party A shall not withdraw the principal amount of the entrusted assets in its entrusted account.
2. After the expiration of this contract, Party A withdraws the funds in the entrusted account on the condition that Party B has received the management fee and other relevant fees paid by Party A and has been notified in writing for Party A. The principal amount of the entrusted assets shall not be withdrawn from the entrusted account unless Party A agrees to terminate the agreement earlier.
3, Party A as a subscriber, and to assist Party B's wind control.
4, party B as the management party, responsible for the development of channels, customer agreements, customer deposit collection and management, and regularly transmit work reports to party A.
Eleven, the rights and obligations of the parties
1, the rights and obligations of Party A
(1) Party A has the ownership of the entrusted assets and the right to obtain the proceeds due to the entrusted assets.
(2) Party A is obliged to invest the entrusted assets in accordance with this contract, and before the expiration of the contract period, Party A shall not withdraw the entrusted assets except in case of force majeure factors.
(3) Party A is obliged to pay all taxes and fees arising from the operation of the entrusted assets, including but not limited to: income tax, stamp duty, inquiry fees, transaction fees, bank charges, etc.
(4) Party A is obliged to pay the agreed management fees in full according to the contract.
2. Rights and Obligations of Party B
(1) Party B has the right to operate independently on Party A's assets entrusted to it in accordance with this contract.
(2) Party B shall exercise due diligence in the management of entrusted assets, fulfill the obligations of honesty and trustworthiness, prudence and diligence, manage entrusted assets with professional skills, serve the best interests of Party A, and protect the property rights and interests of Party A in accordance with the law. However, Party B shall not be liable for the seizure, deduction or freezing of the entrusted assets by the judicial authorities and securities registration and settlement authorities due to Party A's debts; if the contract cannot be continued, Party B may terminate the contract in accordance with the provisions of the contract on early termination.
(3) Party B in the entrusted asset management, according to the macroeconomic policy, industry policy and other fundamental conditions and specific conditions of the financial market, within the agreed investment portfolio. During the entrustment period Party B has the full right to deal with the operation of Party A's entrusted assets, and Party A shall not intervene in Party B's operation of the entrusted assets, or else the loss shall be borne by Party A in full.
(4) Party B obtains management fees in accordance with the asset management service agreement signed by both parties.
(5) Party B is obliged to distribute the proceeds of entrusted asset management to Party A in accordance with this contract.
3. Rights and obligations of both parties:
(1) During the period of fulfillment of this contract, without the consent of the other party to the contract, Party A and Party B shall not transfer all or part of their rights under this contract to any third party.
(2) Both parties shall be obliged to keep confidential the important contents involved in this contract, including but not limited to: the text of this contract, relevant agreements, investment programs, investment targets, research information, entrusted asset management, and the results of liquidation at the end of the period, etc., and shall not disclose them to any third party without the consent of the other party to the contract.
XII. Recovery of entrusted assets
1. Within 15 days before the expiration of the entrustment period, Party B shall notify Party A in writing that the entrustment period is about to expire, and remind Party A that all the entrusted assets will be realized before the expiration of the entrustment period, and the time of realization shall be determined by Party B at its sole discretion.
2. Party B shall notify Party A in writing after the completion of the realization of all assets, and Party A shall have the right to recover the principal amount of the entrusted assets and the proceeds to be distributed according to the contract at the same time after the delivery of the agreed management fee and other expenses in full.
3. If either party of A or B requests early termination of this contract due to force majeure (such as war, earthquake, etc.), the requesting party must present valid proof and submit a written notice to the other party two weeks in advance.
Thirteen, the responsibility for breach of contract
The above terms A and B should *** with compliance, no party shall not default, such as Party A or Party B violation of this contract, the resulting loss of all losses will be borne by the defaulting party, and to pursue the corresponding legal responsibility.
Fourteenth, the early termination of the contract
1, in the validity of the contract, Party A and Party B shall strictly abide by the terms of the contract, in addition to meet the conditions of early termination of the contract, shall not terminate the contract without cause, otherwise, the party to terminate the contract will bear the corresponding legal responsibility and the other party's related economic losses incurred.
2. If there are unforeseeable factors that make it impossible to continue the performance of this contract, the contract can be terminated in advance only if both parties agree to terminate the contract in advance after consultation.
3, due to Party A's debt caused by the assets entrusted by the judicial authorities, securities registration and settlement authorities seized, deducted, frozen, resulting in the contract can not continue to perform, Party B may terminate the contract, Party A shall bear the losses incurred, and Party A shall still pay Party B 3% of the principal amount of the entrusted assets as a management fee.
4. If any party does not fulfill the obligation of confidentiality, it is a breach of contract, and the contracting party has the right to terminate the contract, and the breaching party shall bear all the responsibilities and compensate the contracting party for all the economic losses.
Fifteen, the contract supplements and changes
This contract can be modified or supplemented in writing according to the views of both parties to the contract, and the resulting supplemental agreement has the same legal effect as this contract.
XVI, force majeure
Either party shall not be able to perform this contract in whole or in part or delay the performance of this contract due to force majeure, shall notify the other party of the event in writing within three days from the date of the occurrence of the force majeure event, and shall submit to the other party within thirty days from the date of the occurrence of the event, the proof of the resultant inability to perform in whole or in part or the delay in the performance of the other party.
Seventeen, the agreement takes effect
This agreement is signed by the representatives of both parties and stamped with the official seal, and takes effect when Party A formally hands over the entrusted assets to Party B for management.
Eighteen, tips
Party B has drawn Party A's attention to a full and accurate understanding of the terms of this contract, and at the request of Party A has made a detailed explanation. Both parties recognize the meaning of the contents of this contract.
Party A (official seal): _________ Party B (official seal): _________
Legal representative (signature): _________Legal representative (signature): _________
_________ Year ____ Month ____ Day _________ Year ____ Month ____ Day
Commissioned Management Operating Agreement Model 3
Party A:
Party B:
In order to serve the World Wide Web, give full play to the respective advantages of the two sides of the cooperation, in the spirit of honesty, credit, the principle of equality, the consensus of the two sides, the second floor of the restaurant of the Ziyuan branch of the Mao Family Hotel commissioned management services agreed as follows:
Article 1: commissioned content
1, floor management, service
2, commissioned period: _ year _ month _ to _ year _ month _ day
3, commissioned the expiration of the period, party B has the right to priority to renew the contract, when there are adjustments to the use of the party will be the new staff restaurant priority to party B management services.
4, management services and requirements: in accordance with the two sides to confirm the ".
Article 2: the rights and obligations of Party A
I. Rights:
1, according to the requirements of the ", is responsible for the restaurant inspection, supervision, assessment, including: quality of service, food hygiene, safety and environmental protection, customer complaints, satisfaction rate, and the right to make corrective action requirements;
2, when there are adjustments to the use of the right to make the appropriate adjustments;
3, when there are adjustments to the use of the right to make adjustments;
4, when there are adjustments to the use of the right to make adjustments. /p>
3, due to the need to prepare for progress, the right to make new requirements for restaurant services.
Second, the obligations:
1, provide the restaurant's existing housing, equipment, kitchen utensils, tableware, and the existing housing, equipment, kitchen utensils to carry out a maintenance and repair so that it is in a state of normal use;
2, according to the construction, preparation for the increasing demand for restaurant meals, for the restaurant to add part of the kitchen utensils and tableware;
3, for the restaurant Provide water, electricity, gas, administrative fees, restaurant housing, equipment, kitchen maintenance costs and kitchenware, tableware and additional costs;
4, provide the relevant licenses to run the restaurant.
Article 3: the rights and obligations of Party B
I. Rights:
2, the right to use the "" brand in the management services (limited to inside and outside the restaurant building);
3, under the premise of ensuring the normal dining of the organization's personnel, the right to issue catering dining vouchers for food and beverage services. service.
2. Obligations
1, the restaurant business service management activities, bear the corresponding administrative, civil and criminal liability.
3, the restaurant recruitment, use of staff have the responsibility of education and management, and to ensure that the staff used in line with the requirements of the Labor Law and the Food Safety Law;
4, must maintain the image of the Shanghai World Expo, shall not be detrimental to the Shanghai World Expo;
5, the Party provided housing, equipment, kitchen utensils, tableware, and the responsibility of the use of love and care of storage;
2, the obligations
2, obligations
1, to the restaurant operation and service management activities bear corresponding administrative, civil and criminal responsibility. Responsibility;
6, the Party provided water, electricity, gas, the responsibility to use economically;
7, the Party puts forward the rectification requirements as soon as possible to answer and rectify the responsibility;
8, the Party puts forward a new service requirements have priority to meet the responsibility.
Article 4: Financial Settlement Methods
1. Settlement shall be made once a month, Party B shall submit the invoice of the previous month's catering service income to Party A before the day of every other month according to the amount of employees' credit card consumption settled during the settlement period of Party A's dining system, and Party A shall pay to Party B through the bank within one working day. Within days, make notification and handle the voucher refund service in the restaurant. Responsible for completing the signing of the housing lease contract with the landlord; restaurant remodeling and decoration and equipment installation engineering design; complete the signing of the property management contract with the property company; assist in the completion of the relevant licenses; assist in the day-to-day management.
3. Party A pays the restaurant's water, electricity, gas and administrative fees in a timely manner.
Article V: entrusted deposit
1, Party B's first month of service revenue as a deposit entrusted management services;
2, the expiration of this agreement, in the Party B to Party A after the handover of the completion of the working days from Party A through the bank to pay to the Party.
Article VI: Liability for breach of contract
1, in the validity of this agreement, both parties shall not unilaterally terminate the agreement, due to any one party's reasons for the agreement can not be properly performed, should be caused by direct and indirect losses to the party not responsible for the liability.
2, Party B did not appear in the performance of the "" in the process of breach of contract, Party A can make the corresponding economic penalties, divided into A class fault penalty yuan, B class fault penalty yuan; C class fault penalty yuan; one month, there are times A class fault, Party A has the right to unconditionally terminate the agreement, and withholding of security deposit.
Article VII: Dispute Resolution
1, the agreement disputes, by the two sides to negotiate a solution. Failure of consultation, litigation to the People's Court of Party A's seat.
Article 10: Other Terms
1, this agreement in quadruplicate, the A and B parties each sign two copies; this agreement shall enter into force from the date of signing;
2, this agreement needs to be supplemented by the two parties to sign a separate supplemental agreement;
3, the annexes of this agreement are equally effective as this agreement.
Party A (official seal): _________ Party B (official seal): _________
Legal representative (signature): _________Legal representative (signature): _________
_________ year ____ month ____ day _________ year ____ month ____ Day
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