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Governing Law; Arbitration

General Terms and Definitions | Obligations of the Contractor | Service Rendering Procedure | Payment Procedures |


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12.1. This Contract shall be governed by and construed in accordance with the laws of the Russian Federation as provided in the article 1.2.7 of the present Contract.

 

12.2. All disputes arising in connection with this Contract shall be settled in the first instance by mutual negotiation between the Parties hereto.

 

12.3. In the event that it is not possible to settle the dispute by means of negotiations within 30 days after the Parties are informed of the existence of the dispute, the dispute may be referred to the arbitration court for consideration in accordance with the procedure of the settlement of disputes.

Force-Majeure

13.1 Neither party to this Contract shall be considered in breach of this Contract if, and for so long as, prevented from performing by any condition of force majeure, which is beyond the control and without the negligence of the party so affected. Force majeure shall include riots, wars (declared and undeclared), civil disturbances, prohibitory resolutions of state bodies issued after the date execution of this Contract, acts of God (excluding weather conditions) and other acts or cause which the party could not reasonably prevent. The Party whose performance hereunder is affected by the event of force majeure shall inform the other about the occurrence of such force-majeure event within 5 days of its occurrence; the failure of a party to so notify the other party within this 5 day period shall prevent this Party from referring to this event of force majeure as an excuse for the performance of its obligations hereunder.

 

13.2. During the period of an event of force majeure and until termination pursuant to Article 14.4 (a), each Party shall take its best efforts to perform the Works and otherwise execute the terms of the Contract.

 

13.3. Each Party shall remain solely liable for its own property and personnel in the event of force majeure and in the event that work under the Contract can not be completed due to the force-majeure events all the expenses incurred by each Party prior to the occurrence of such events shall be borne by such Parties.

 

Termination

14.1. The present Contract shall take effect upon its signing by the authorized representatives of the Parties hereto and remain in force from January 1, 200 through December 31, 2xxx.

 

14.2. The Customer can refuse from the execution of the Contract subject to payment of the expenses actually incurred by the Contractor.

 

14.3. The Contractor can refuse from the execution of the Contract subject to reimbursement of all losses incurred by the Customer.

 

14.4. This Contract shall terminate in the following instances:

 

a. If an event of force majeure declared pursuant to Article 13 should continue for a period in excess of thirty (30) consecutive days, either Party may terminate the Contract by giving 5-days prior written notice to the other Party.

 

 

b. If either the Contractor or the Customer should become bankrupt, or the subject of liquidation or similar proceedings (other than voluntary arrangements for purposes of effecting a corporate restructuring of such entity), the other Party may terminate the Contract by giving written notice.

 

c. If mutually agreed in writing by the Parties hereto.

 

14.5. The Customer is entitled to claim for termination of the present Contract in the following instances:

 

a. The breach on the part of the Contractor of the terms of the present Contract, which result in substantial decrease of the quality of provided services.

b. The invalidation of the licenses for all types of activities directly related to the execution of this Contract, other Acts, issued by the governmental authorities under the existing law which prevents the Contractor from the execution of the terms of the present Contract.

 

14.6. The Contractor is entitled to claim for termination of the present Contract in the following instances:

 

a. In case of delay in payment by the Customer for the services for more than 3 months.

 

14.7. The Party terminating the present Contract shall notify another party by the written instrument.

Notices

 

15.1. All notices required herein to be given, will be deemed to have been properly given if made in writing and delivered in person or by registered mail or sent by facsimile (with confirmed answer back) the respective party at the address indicated below:

Customer:

K

626000, Russia Tyumen Oblast, Khanty Mansiysk Autonomous Okrug

 

Attention:

Fax:

 

With a copy to:


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