深圳经济特区格式合同条例 Regulations of Shenzhen Special Economic Zone On Standard Contract

beginning. If part of a standard contract is revoked or null and void without affecting the validity of the other parts, the other parts shall still be valid.

　　If a standard contract is null and void, it shall not affect the validity of the dispute settlement clause in the contract.

　　Article 22 The property acquired as a result of the performance of a contract shall be returned after the standard contract is confirmed to be null and void. The party at fault shall compensate the other party for actual losses incurred as a result thereform.

　　Chapter Ⅳ　Performance of the Standard Contracts

　　and Liability for Breach of Contracts

　　Article 23　The parties may agree in the standard contract that a third party performs the obligations to the counterpart .The user shall be liable to the losses caused by the third party performing the contract inadequately. If the third party refuses to perform, the user shall perform the contract.

　　Article 24 One party may suspend its performance of the contract if the other party who shall render its performance first, according to the terms of a contract or trade usage, has not rendered its performance.

　　Article 25 The users shall inform the other party on time if they, in order to avoid causing loss to the other party, fail to perform the contract because of technical questions.

　　The parties shall, excluding force majeure, inform the other party in a reasonable way and request the other party to modify relevant terms, if performance of the former contract is dramatically unfair to the users, which results from the great changes of the objective circumstances that are unforeseeable, unavoidable or insurmountable by the users. And if the other party confuses to modify the contract, the users may terminate performance of the contract.

　　Article 26 The parties may agree on the breach of contract damages one should bear in light of the breach.

　　Liquidated damages shall be considered as compensation for losses resulting form the breach of contract. The parties may request the people’s court or an arbitration institution to increase or reduce the liquidated dama

ges, if the liquidated damages are excessively higher or lower than the losses caused by breach of the contract. The parties may request the people’s court or an arbitration institution to make a discretionary reduction, if there is no losses as a result and it is obviously unreasonable to pay the breach of contract damages according to the terms of a contract.

　　Article 27 Deposit may be agreed in the standard contract, but the amount of the deposit shall not exceed 20 percent of the montary amount of contract object.

　　Chapter Ⅴ

　　Supplementary Provisions

　　Article 28 Article 17 (2) of these regulations shall not be adopted to the postal telegram contract and lottery contract ratified by the State.

　　Article 29 These regulations shall take effect as the day of October 1,1998

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