中华人民共和国技术合同法（十二）_法律英语

中华人民共和国技术合同法（十二）

文章来源：文章作者：发布时间：2007-07-24 02:39 字体： [大中小]　进入论坛

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Technical background material relevant to the performance of the contract, and feasibility and technical evaluation¹ reports, project task and planning documents, as well as drawings, tables, data and photographs may, as agreed between the parties, form an integral part of the contract.

Article 16. A technology contract formed in accordance with the law shall immediately become legally binding². The parties shall perform their duties fully³ as stipulated⁵ in the contract. One party may not, of its own accord, modify or terminate the contract.

Article 17. If one party fails to execute a technology contract or if their performance of their contractual obligations does not conform to the stipulated conditions, thereby⁶ rendering⁷ them in breach⁸ of contract, the other party shall have the right to demand performance or to adopt remedial measures, as well as have the right to demand damages.

The liability for compensation by the party in breach of contract shall be equivalent to the loss suffered by the other party as a result of the breach, but shall not exceed the amount which should have been foreseen by the party in breach at the time of forming the contract.

The parties may agree in the contract that if one party is in breach of contract it shall pay a stipulated monetary⁹ penalty to the other party. They may, alternatively, stipulate⁴ a method for the calculation of damages.

A party which suffers a loss as a result of breach of contract by the other party shall promptly¹⁰ take appropriate steps to prevent the loss form increasing. Should it fail to promptly take appropriate action, thereby causing an increase in the loss, it shall not have the right to demand compensation for the additional loss.

Article 18. If all parties are in breach of contract, they shall all bear equivalent liability.

Article 19. If one party is unable to fulfil its contractual obligations as a result of the actions of a higher authority it shall, as stipulated by the contract, compensate¹¹ the other party for damages or adopt other remedial measures, after which higher authority shall be responsible for dealing¹² with the loss incurred¹³ in doing so.

Article 20. If a party is unable to perform a technology contract for reasons of force majeure, it shall be relieved form its liability for non-performance.

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收听单词发音

1 evaluation
n.估价，评价；赋值
参考例句：
I attempted an honest evaluation of my own life.我试图如实地评价我自己的一生。 The new scheme is still under evaluation.新方案还在评估阶段。

2 binding
有约束力的，有效的，应遵守的
参考例句：
The contract was not signed and has no binding force. 合同没有签署因而没有约束力。 Both sides have agreed that the arbitration will be binding. 双方都赞同仲裁具有约束力。

3 fully
adv.完全地，全部地，彻底地；充分地
参考例句：
The doctor asked me to breathe in,then to breathe out fully.医生让我先吸气，然后全部呼出。 They soon became fully integrated into the local community.他们很快就完全融入了当地人的圈子。

4 stipulate
vt.规定，（作为条件）讲定，保证
参考例句：
International rules stipulate the number of foreign entrants.国际规则规定了外国参赛者的人数。 Some manufacturers stipulate the price at which their goods are to be sold.有些制造商规定出售他们生产的商品的价格。

5 stipulated
vt.& vi.规定；约定adj.[法]合同规定的
参考例句：
A delivery date is stipulated in the contract. 合同中规定了交货日期。 Yes, I think that's what we stipulated. 对呀，我想那是我们所订定的。来自辞典例句

6 thereby
adv.因此，从而
参考例句：
I have never been to that city,,ereby I don't know much about it.我从未去过那座城市，因此对它不怎么熟悉。 He became a British citizen,thereby gaining the right to vote.他成了英国公民，因而得到了投票权。

7 rendering
n.表现，描写
参考例句：
She gave a splendid rendering of Beethoven's piano sonata.她精彩地演奏了贝多芬的钢琴奏鸣曲。 His narrative is a super rendering of dialect speech and idiom.他的叙述是方言和土语最成功的运用。

8 breach
n.违反，不履行；破裂；vt.冲破，攻破
参考例句：
We won't have any breach of discipline.我们不允许任何破坏纪律的现象。 He was sued for breach of contract.他因不履行合同而被起诉。

9 monetary
adj.货币的，钱的；通货的；金融的；财政的
参考例句：
The monetary system of some countries used to be based on gold.过去有些国家的货币制度是金本位制的。 Education in the wilderness is not a matter of monetary means.荒凉地区的教育不是钱财问题。

10 promptly
adv.及时地，敏捷地
参考例句：
He paid the money back promptly.他立即还了钱。 She promptly seized the opportunity his absence gave her.她立即抓住了因他不在场给她创造的机会。

11 compensate
vt.补偿，赔偿；酬报 vi.弥补；补偿；抵消
参考例句：
She used her good looks to compensate her lack of intelligence. 她利用她漂亮的外表来弥补智力的不足。 Nothing can compensate for the loss of one's health. 一个人失去了键康是不可弥补的。

12 dealing
n.经商方法，待人态度
参考例句：
This store has an excellent reputation for fair dealing.该商店因买卖公道而享有极高的声誉。 His fair dealing earned our confidence.他的诚实的行为获得我们的信任。

13 incurred
[医]招致的，遭受的； incur的过去式
参考例句：
She had incurred the wrath of her father by marrying without his consent 她未经父亲同意就结婚，使父亲震怒。 We will reimburse any expenses incurred. 我们将付还所有相关费用。

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