4. 份额比例的计算方法 CALCULATION OF PROPORTIONATE SHARE 4.1 份额比例应根据附件A中规定的分工范围以及每一阶段各方合同价格的分配来计算。自合同签署之日起应对份额比例重新进行计算,以反映与客户进行谈判导致的各方价格的变动。此后,在合同履行过程中,各方的份额比例应随着合同价格以或各方之工作范围的变化按季度进行调整,或者按照各方同意的时间进行调整。在合同期满时应对份额比例进行最终计算,以反映合同价格以及各方之间工作范围的所有变动。 The Proportionate Shares for each Phase of the Project shall be calculated on the basis of the Appendix A Scope of Allocation and that portion of the Contract Price allocable to each Party’s Scope of Work in each Phase. The Proportionate Shares shall be recalculated to reflect any changes in either Party's price resulting from negotiations with the Customer as of the date of the signature of the Contract. The Proportionate Shares shall thereafter be amended during implementation of the Contract on a quarterly basis or as mutually agreed upon by the Parties for changes in the Contract Price or scope transfers between Parties. A final recalculation of Proportionate Shares shall be made at the end of the Contract to reflect all changes in the Contract Price and scope transfers between the Parties.
4.2 基于本协议下份额比例的权利或义务的确定应当首先取决于权利和义务发生之时生效的计算结果。权利或义务的确定应当随着份额比例的每次重新计算而变更。基于最终的份额比例,将对权利和义务进行最后一次调整。 Any allocation of rights or obligations which is based upon Proportionate Shares under this Agreement shall initially use the calculation in effect at the time the right or obligation arises. Such allocation of rights or obligations shall be revised with each recalculation of Proportionate Shares. There will be a final adjustment of rights and obligations based on final Proportionate Shares.
Beijing Chinese Subtitling Translation Service Agency has translated many technical documents about calculation of proportionate share. 华译网上海翻译公司曾经翻译过大量有关份额比例的计算方法的资料文件。
5. 支付 PAYMENT 5.1 各方将与客户进行谈判,希望客户同意直接接受每一方就其所承担的工作范围单独开出的发票和直接向各方分别支付款项。如果客户同意,则各方分别就己方承担的工作范围向客户提供发票和接受客户支付的所有款项。如果客户不同意, 则联合体经理代表各方负责提供发票和接受客户的所有款项。每一方应向联合体经理及时提供关于其工作范围进度的足够信息和详细情况,以便联合体经理向客户提供发票。联合体经理从客户处收到的所有款项应依据针对发票注明的工作范围各自所开的帐单按实际比例迅速采用电汇方式汇寄至各方手中,但是不得晚于收到客户款项之后五天。如果客户拒绝支付发票中的一部分,则联合体经理将按照客户实际支付的数额部分分配给各方。如果客户没有说明不按发票总额支付的原因,则实际支付的款项将根据各自帐单与发票总额的比例在各方之间分配。 The Parties will conduct their negotiations with the Customer with the objective of obtaining the Customer’s agreement to receive invoices directly from and make payments directly to each of the Parties for their respective Scopes of Work. If and to the extent the Customer so agrees, each Party will be responsible for submitting all invoices to and receiving all payments from the Customer for its Scope of Work. If and to the extent the Customer does not agree, the Consortium Manager will be responsible for submitting invoices to and receiving payments from the Customer for and on behalf of the Parties. Each Party will provide the Consortium Manager with sufficient and timely information and detail about the progress of its Scope of Work for the Consortium Manger to submit invoices to the Customer under the Contract. All Payments received by the Consortium Manager from the Customer will be re-distributed to the Parties by wire transfer promptly, but not later than five (5) days after receipt from the Customer, pro rata in accordance with their respective billings for the Scopes of Work included in the invoice(s) for which such payment was received. If the Customer does not pay a specific part of an invoice, the payment will be distributed by the Consortium Manager to each Party based upon the specific part paid. If the Customer does not provide details as to why the total of an invoice was not paid, the amount paid will be divided between the Parties based on the percent its respective billing represented to the total invoice.
5.2 前述程序受合同中规定的支付条件管辖,各方同意在合同签署之前修改本协议,修改至与该支付条款保持一致的最低程度。 The foregoing procedures shall be governed by the payment terms set forth in the Contract and the Parties agree prior to signature of the Contract to amend this Agreement to the least extent necessary to be consistent with such payment terms.
5.3 每一方应单独承担其在合同项下工作范围部分的所有用户支付风险,并放弃所有针对另一方提出的与支付问题有关的索赔。 Each Party individually shall assume all risks for the payment by the Customer of the portion of the Contract Price corresponding to its Scope of Work under the Contract and waive all claims for payment against the other Parties.
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