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 法律及新造船合同 | 新造船合同及点评 |  造船合同第十四章 关于合同转让的修改
 
造船合同第十四章 关于合同转让的修改
2014-05-17

ARTICLE XIV RIGHT OF ASSIGNMENT

Neither of the parties hereto shall assign this Contract to any other individual, firm, company or corporation unless prior consent of the other party is given in writing.

合同原文:在未得到另一方的书面同意前,任何一方不得将本合同转让给任何个人、团体、公司或联合体。

买方多数都需要融资,融资就会涉及合同转让,所以买方多数对合同中关于转让的描述提出质疑。如买方坚持修改,建议使用以下描述:

Neither of the parties hereto shall assign this Contract to any other individual, firm, company or corporation unless prior consent of the other party is given in writing.

The BUYER may assign the benefit of this Contract to any bank or other financial institution which is financing the BUYER’S purchase of the VESSEL provided that such assignment is approved and acknowledged by the SELLER, such consent not to be unreasonably withheld or delayed by the SELLER, it being understood and acknowledged by the SELLER that the BUYER expects to assign the benefit of the Contract to bank(s) or other financial institutions financing the purchase of the VESSEL. On any such assignment of this Contract the SELLER will procure that the Refund Guarantor bank shall issue an acknowledgement and consent to the assignment and confirm the continued validity of the Refund Guarantee.

to a third party or to a financing institution with the prior consent of the SELLER (which is not to be unreasonably withheld) and upon prior written notification to the SELLER and to the issuing bank of the Refund Guarantee and the written acknowledgement and consent by the SELLER, its successors shall succeed to all the rights (exclude the right of cancellation or rescind under this Contract as well as the right of demand for payment under the Refund Guarantee shall always remain with the BUYER) and obligations of the BUYER under this CONTRACT, PROVIDED THAT the third party and the financing institution shall not be entitled to reassign any such right or benefit to any other third party and also that the BUYER shall remain liable under this CONTRACT as mentioned hereunder. The SELLER shall be entitled to request a performance guarantee from the BUYER having identical form and contents as Exhibit "B" annexed hereto;

 
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China Shipbuilding, 2014