Exhibit 10.50
APRIL 24, 2009
MULTI-FINELINE ELECTRONIX (SUZHOU) CO., LTD. AND
BEIJING SHIYUAN XIDA CONSTRUCTION AND TECHNOLOGY COMPANY,
A SOLE SUBSIDIARY OF CHINA ELECTRONICS ENGINEERING DESIGN INSTITUTE
ENGINEERING, PROCUREMENT AND
CONSTRUCTION/TURN KEY PROJECT
AGREEMENT
FOR THE CONSTRUCTION OF A FACTORY
AT MULTI-FINELINE ELECTRONIX( SUZHOU), CHINA
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CONTENTS
SECTION 1. CONTRACT AGREEMENT SECTION 2. CONDITIONS OF CONTRACT APPENDIX 2.1 PARENT COMPANY GUARANTEE APPENDIX 2.2 PERFORMANCE BOND APPENDIX 2.3 MAINLY MATERIAL PRICE IN MARCH 2009 SCHEDULE 2.4 PROJECT SCHEDULE SCHEDULE 2.5 LIST OF PERMITS, LICENCES AND APPROVALS APPENDIX 2.6 OTHERS APPENDIX 2.7 PAYMENT MILESTONES SECTION 3. THE EMPLOYER' S REQUIREMENTS DRAWINGS SPECIFICATION SECTION 4 TENDER DOCUMENTATION APPENDIX 1 TENDER INVITATION APPENDIX 2 TENDER SUBMISSION APPENDIX 3 TENDER SCHEDULE APPENDIX 4 LIST OF UNIT RATE COSTINGS APPENDIX 5 EXPLANATIONS / BREAKDOWN OF COSTS APPENDIX 6 DESCRIPTIONS APPENDIX 7 APPENDIX TO TENDER SITE PLAN APPENDIX 8 WORK SCHEDULE APPENDIX 9 TENDER ACCEPTANCE AND LETTER OF INTENT APPENDIX 10 CONTRACTOR' S CONFIRMATION OF LETTER OF INTENT
2 APPENDIX 11 CONTRACTOR' S DESCRIPTION APPENDIX 12 CONTRACTOR' S PROJECT EXECUTION PLAN APPENDIX 13 [RESERVED] APPENDIX 14 BUSINESS CERTIFICATE OF MULTI-FINELINE ELECTRONIX (SUZHOU)CO.,LTD AND BEIJING SHIYUAN XIDA AND TECHNOLOGY COMPANY
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SECTION 1 CONTRACT AGREEMENT
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The Contract Agreement is made for a new building which located in Hedong Industrial Estate, North Sanfeng Road, Suzhou Chania, and is signed April 24 of 2009 in Suzhou between Multi-Fineline Electronix (Suzhou) Co., LTD, a corporation organized and existing under the laws of the People' s Republic of China ( PRC ) and having its registered office at Suning Industrial Estate Block A&B, South Dongwu Road, Suzhou 215128, China ( Employer ) of the one part, and Beijing Shiyuan Xida Construction and Technology Company, a sole subsidiary of China Electronics Engineering Design Institute and existing under the laws of the People' s Republic of China ( PRC ) and having its registered office at 27 Wanshou Road, Beijing 100840 ( Contractor ) of the second part, and China Electronics Engineering Design Institute, a Corporation organized and existing under the laws of the People' s Republic of China and having its registered office at 27 Wanshou Road, Beijing 100840 ( Guarantor ) of the third part. (A) Whereas the Employer desires that the Works should be designed, executed, completed and tested by the Contractor, and has accepted a tender by the Contractor for the design, execution, completion and testing of such Works and the remedying of any defects therein, which also include integrating and management of Employer' s assigned water treatment system and waste water/recycle treatment system contractors ( Water Treatment and Waste Contractors ). Contractor shall manage the Water Treatment and Waste Contractors and any management fees and overhead for the Water Treatment and Waste Contractors shall be negotiated and determined by the Water Treatment and Waste Contractors and the Contractor, who shall enter into an agreement, which shall follow the Chinese Law.
(B) Whereas the Guarantor has agreed to guarantee the performance of the obligations of the Contractor under the Contract. The Employer, the Contractor and the Guarantor agree as follows:
1. In this Agreement words and expressions shall have the same meanings as are respectively assigned to them in the Conditions of Contract hereinafter referred to.
2. The following documents shall be deemed to form and be read and construed as part of this Agreement: (a) This Contract Agreement (Section 1);
(b) The Conditions of Contract (Section 2);
(c) The Employer' s Requirements (Section 3); and
(d) Tender Documentation (Section 4).
3. In consideration of the payments to be made by the Employer to the Contractor as hereinafter mentioned, the Contractor hereby covenants with the Employer to design, execute, complete and test the Works and remedy any defects therein, in conformity in all aspects with the provisions of the Contract and the Guarantor hereby covenants to deliver to the Employer a guarantee for the obligations of the Contractor under the Contract in the form set out in Appendix 2.1 of the Conditions of Contract.
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The Employer hereby covenants to pay the Contractor, in consideration of the design, execution, completion and testing of the Works and the remedying of defects therein, the sum of RMB163,900,000 (Renminbi 163.9 million only), based on Tender A which shall
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include all duties and taxes (including value added tax and business tax) and any other taxes and such other sums as may become payable under the provisions of the Contract at the times and in the manner prescribed by the Contract.
5. No amendments or additions to this Contract Agreement shall be binding on the parties unless in writing and signed by duly authorised personnel on behalf of the parties.
6. If there is any inconsistency between the English version and Chinese version, the English version shall control. 7. In Witness whereof the parties hereto have caused this Contract Agreement to be executed the day and year first before written in accordance with their respective laws.
The Employer The Contractor Multi-Fineline Electronix (Suzhou) CO.,LTD Beijing Shiyuan Xida Construction and Technology Company Name
Reza A. Meshgin Name
Su Gangmin /s/ Su Gangmin Signature
/s/ Reza A. Meshgin Signature
Liu Zhiyuan /s/ Liu Zhiyuan Name
[Seal] Name
[Seal] The Guarantor China Electronics Engineering Design Institute [Seal] Name
Hu Ping Signature
/s/ Hu Ping
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SECTION 2 CONDITIONS OF CONTRACT 7
CONTENTS
1 THE CONTRACT 1.1 Definitions 1.2 Headings and Marginal Notes 1.3 Interpretation 1.4 Law and Language 1.5 Contract Agreement 1.6 Priority of Documents 1.7 Documents on Site 1.8 Communications 1.9 Provision of Construction Documents 1.10 Contractor' s Use of Construction Documents 1.11 Contractor' s Use of Employer' s Documents 1.12 Compliance with Statutes, Regulations and Laws 1.13 Joint and Several Liability 1.14 Parent Company Guarantee 1.15 Clauses, Appendices & Schedules 1.16 Severability 1.17 Confidentiality 2 THE EMPLOYER 2.1 General Obligations 2.2 Access to and Possession of the Site 2.3 Permits, Licences or Approvals 2.4 Employer' s Entitlement to Terminate 2.5 Assignment and Novation by Employer 2.6 Employer' s claims 3 THE EMPLOYER' S REPRESENTATIVE 3.1 Employer' s Representative' s Duties and Authority 3.2 Requirements for Employer' s Representative 3.3 Employer' s Representative' s Authority to Delegate 3.4 Employer' s Representative' s Instructions 3.5 Employer' s Representative to Attempt Agreement 4 THE CONTRACTOR 4.1 General Obligations 4.2 Performance Security 4.3 Contractor' s Representative 4.4 Co-ordination of the Works 4.5 Subcontractors 4.6 Assignment of Subcontractor' s Obligations 4.7 Setting Out 4.8 Quality Assurance 4.9 Site Data 4.10 Matters Affecting the Execution of the Works 4.11 Unforeseeable Sub-Surface Conditions 4.12 Access Route 4.13 Rights of Way and Facilities 4.14 Programme 4.15 Progress Reports 4.16 Contractor' s Equipment
8 4.17 Safety Precautions 4.18 Protection of the Environment 4.19 Electricity, Water and Gas 4.20 Employer Supplies and the Parties Responsibilities 4.21 Clearance of Site 4.22 Security of the Site 4.23 Contractor' s Operations on Site 4.24 Fossils 4.25 Commissioning and Start Up Spare Parts and Services 4.26 Customs Clearance 5 Design 5.1 General Design Obligations 5.2 Contractor' s Documents 5.3 Contractor' s Undertaking 5.4 As-Built Drawings 5.5 Operation and Maintenance Manuals 5.6 Error by Contractor 5.7 Patent Right 6 STAFF AND LABOUR 6.1 Engagement of Staff and Labour 6.2 Rates of Wages and Conditions of Labour 6.3 Persons in the Service of Others 6.4 Labour Laws 6.5 Working Hours 6.6 Facilities for Staff and Labour 6.7 Health and Safety 6.8 Contractor' s Superintendence 6.9 Contractor' s Personnel 6.10 Disorderly Conduct 7 PLANT, MATERIALS AND WORKMANSHIP 7.1 Manner of Execution 7.2 Delivery to and Storage at Site 7.3 Inspection 7.4 Testing 7.5 Rejection 7.6 Ownership of Plant and Materials 8 COMMENCEMENT, DELAYS AND SUSPENSION 8.1 Commencement of Works 8.2 Time for Completion 8.3 Extension of Time for Completion 8.4 Delays Caused by Authorities 8.5 Rate of Progress 8.6 Liquidated Damages for Delay 8.7 Suspension of Work 8.8 Consequences of Suspension 8.9 Payment for Plant and Materials in Event of Suspension 8.10 Prolonged Suspension 8.11 Resumption of Work
9 9 TESTS ON COMPLETION 9.1 Contractor' s Obligations 9.2 Delayed Tests 9.3 Retesting 9.4 Failure to Pass Tests on Completion 10 EMPLOYER' S TAKING OVER 10.1 Taking-Over Certificate 10.2 Use by the Employer 10.3 Interference with Tests on Completion 11 TESTS AFTER COMPLETION 11.1 Employer' s Obligations 11.2 Delayed Tests 11.3 Retesting 11.4 Failure to Pass Tests after Completion 12 DEFECTS LIABILITY 12.1 Completion of Outstanding Work and Remedying Defects 12.2 Cost of Remedying Defects 12.3 Extension of Contract Period 12.4 Failure to Remedy Defects 12.5 Removal of Defective Work 12.6 Further Tests 12.7 Right of Access 12.8 Contractor to Search 12.9 Performance Certificate 12.10 Unfulfilled Obligations 13 CONTRACT PRICE AND PAYMENT 13.1 The Contract Price 13.2 Advance Payments 13.3 Application for Interim Payment Certificates 13.4 Issue of Interim Payment Certificates 13.5 Payment 13.6 Delayed Payment 13.7 Statement at Completion 13.8 Application for Final Payment Certificate 13.9 Discharge 13.10 Issue of Final Payment Certificate 13.11 Cessation of Employer' s Liability 14 VARIATIONS 14.1 Right to Vary 14.2 Value Engineering 14.3 Variation Procedure 15 DEFAULT OF CONTRACTOR 15.1 Notice to Correct 15.2 Termination 15.3 Valuation at Date of Termination 15.4 Payment after Termination 15.5 Improper and Illegal Payments
10 16 DEFAULT OF EMPLOYER 16.1 Contractor' s Entitlement to Suspend Work 16.2 Termination 16.3 Cessation of Work and Removal of Contractor' s Equipment 16.4 Payment on Termination 17 RISK AND RESPONSIBILITY 17.1 Indemnity 17.2 Contractor' s Care of the Works 17.3 Employer' s Risks 17.4 Consequences of Employer' s Risks 17.5 Contractor' s Risks 17.6 Limitation of Liability (Contractor' s) 18 INSURANCE 18.1 Insurance for Design 18.2 Insurance for Works and Contractor' s Equipment 18.3 Insurance against Injury to Persons and Damage to Property 18.4 Insurance for Workers 18.5 General Requirements for Insurances 19 FORCE MAJEURE 19.1 Definition of Force Majeure 19.2 Effect of Force Majeure Event 19.3 Contractor' s Responsibility 19.4 Employer' s Responsibility 19.5 Payment to Contractor 19.6 Optional Termination, Payment and Release 19.7 Release from Performance under the Law 20 CLAIMS, DISPUTES AND ARBITRATION 20.1 Procedure for Claims 20.2 Payment of Claims 20.3 Mediation 20.4 Arbitration APPENDICES 2.1 Parent Company Guarantee 2.2 Performance Bond 2.3 Main construction material/price list on March 2009 SCHEDULES 2.4 Project Schedule 2.5 List of Permits, Licences and Approvals 2.6 Additional Statement 2.7 Milestones 2.8 Down-payment Plan
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The Contract Definitions 1.1 In the Contract (as defined below) the words and expressions defined below shall have the meanings assigned to them, except where the context requires otherwise: 1.1.1 Documents 1.1.1.1 " Appendix to Tender" means the completed appendix comprised in the Tender. 1.1.1.2 " Contract" means the Contract Agreement, these Conditions of Contract and the Employer' s Requirements and such further documents as may be expressly incorporated in the Contract Agreement. 1.1.1.3 " Contract Agreement" means the contract agreement referred to in Sub-Clause 1.5. 1.1.1.4 " Phase work instruction" means the instructions the Employer gives to the Contractors before the Contractor starts the next " phase" of the Works and order the materials for such phase. The Works under this Agreement are divided into 10 " phases" including but not limited to: (1) design management, (2) 1#Piling, Foundation and Outside Work, (3) 1# CSA Package, (4) CSA Package 2~9#, (5) Fit Out Package, (6) Mechanical Package, (7) Electrical, (8) 35KV Substation, (9) Fire protection and (10) IT and BMS. These phases shall be further defined by the Employer after the Contract is signed. Before Contractor can start any phase, Contractor shall request an application letter from the Employer, and the employer shall issue a Phase work instruction, which shall either instruct Contractor to begin the next phase, delay the next phase, or stop the Works (which determination shall be made by the Employer in its sole discretion without any obligation or liability to the Contractor). Only upon a Phase work instruction instructing the Contractor to begin the next phase may the Contractor start such phase' s work and order materials for such phase. 1.1.1.5 " Project Purchase Order" means the Purchase Order issued by the Employer to the Contractor which includes 10 items (each item related to one phase of the Works), with each phase' s spec/amount/remark etc. No item on the Project Purchase Order shall be released until the Phase work instruction for that phase is issued by the Employer, specifically directing the Contractor to move forward with the next phase. 1.1.1.6 " Employer' s Requirements" means the description of the scope, standard, criteria (if any) and programme of work, as included in the Contract and more specifically in Section 3 of the Contract, and any alterations and modifications thereto in accordance with the Contract.
12 1.1.1.7 " Tender" means the Contractor' s signed offer for the Works and all other documents which the Contractor submitted therewith including the Contractor' s quoted material price list on March 2009 (see attached Annex 2.3). 1.1.1.8 " EPC/turnkey projects" means Engineering, Procurement and Construction which also include installation/testing/trail running/final acceptance and integrating of Employer assigned Water Treatment and Waste Contractors. 1.1.2 Persons 1.1.2.1 " Contractor" means the person whose tender has been accepted by the Employer and whose name appears as such in the Contract Agreement and the legal successors in title to such person, but not (except with the consent of the Employer) any assignee of such person. In this Contract, contractor is Beijing Shiyuan Xida Construction and Technology Company. 1.1.2.2 " Contractor' s Representative" means the person (if any) named as such in the Contract or other person appointed from time to time by the Contractor under Sub-Clause 4.3. 1.1.2.3 " Employer" means Multi-Fineline Electronix (Suzhou) Co., LTD and the legal successors in title to such person. 1.1.2.4 " Employer' s Representative" means the person appointed by the Employer to act as Employer' s Representative for the purposes of the Contract and notified to the Contractor prior to the Effective Date, or other person appointed from time to time by the Employer and notified as such to the Contractor. In this contract, employer' s representative is indicating to employer assigned project manager and Supervision Engineer. 1.1.2.5 " Supervision Engineer" means someone who belongs to constructive consultant company by employer assigned, on behalf of employer for supervision and management of project under the government' s policy. 1.1.2.6 " Guarantor" means the person or persons referred to in Sub-Clause 1.14 and whose name or names appears or appear as such in the Contract Agreement and the legal successors in title to such person, but not (except with the consent of the Employer) any assignee of such person. In this Contract, China Electronics Engineering Design Institute is the Guarantor. 1.1.2.7 " Key Personnel" means the Contractor' s key personnel as listed in the Appendix to Tender. 1.1.2.8 " Provisions Suppliers" means such persons as shall be notified by the Employer to the Contractor as the suppliers of the whole or part of the Employer' s Supplies and the legal successors to such persons.
13 1.1.2.9 " Subcontractor" means any person named in the Contract as a subcontractor, manufacturer or supplier for a part of the Works or any person to whom a part of the Works has been subcontracted in accordance with Sub-Clause 4.5, and the legal successors in title to such person, but not any assignee of such person.
1.1.3 Dates, Times and Periods 1.1.3.1 " Base Date" means the date forty (40) days prior to execution of the Contract. 1.1.3.2 " Commencement Date" means the date on which the Contractor receives the notice to commence issued by the Employer's Representative under Sub-Clause 8.1. 1.1.3.3 " Contract Period" means the period from the Commencement Date to the date three hundred and sixty-five (365) days after the date on which the whole of the Works shall have been completed as certified by the Employer's Representative under Clause 10 (or as extended under Sub-Clause 12.3A). During the 12 month period following the issue of the Completion Certificate the works shall be maintained by the Contractor at his expense, and at the end of which, following satisfactory completion of any required remedial works the balance of the Retention Money is released. 1.1.3.4 " day" means a calendar day and " year" means 365 days. 1.1.3.5 " Effective Date" means the date of the Contract Agreement. 1.1.3.6 " Latent Defect/Damage Contract Period" means, in respect of Latent Defect/Damage, the period commencing on the expiry of the Contract Period and expiring at the end of the following periods, based on the requirements of the Chinese National Code, for example:- (a) Foundation and Superstructure - 50 years (b) Roof and waterproofed areas - 5 years (c) Lighting, water supply and drainage, equipment and renovation 2 years (d) Heating and Cooling Systems 2 annual cycles for each system 1.1.3.7 " Time for Completion" means the time for completing the Works or a Section (as the case may be) and passing the Tests on Completion, which shall be eleven (11) months (or as extended under Sub-Clause 8.3), commencing from the Commencement Date (2009, April 24). 1.1.4 Tests and Completion 1.1.4.1 " Performance Certificate" means the certificate issued by the Employer' s Representative under Sub-Clause 12.9.
14 1.1.4.2 " Taking-Over Certificate" means a certificate issued under Clause 10. 1.1.4.3 " Tests on Completion" means the tests specified in Schedule 2.4 for mechanical completion and pre-commissioning and any other such tests as may be agreed by the Employer's Representative and the Contractor or instructed as a Variation, which are to be carried out before the Works or any Section are taken over by the Employer. 1.1.5 Money and Payments 1.1.5.1 " Contract Price" means the sum stated in the Contract Agreement as payable to the Contractor for the execution, completion and testing of the Works and the remedying of any defects in accordance with the provisions of the Contract. 1.1.5.2 " Cost" means all expenditure properly incurred (or to be incurred) by the Contractor, whether on or off the Site, including overhead and similar charges, but does not include profit. 1.1.5.3 " Final Payment Certificate" means the payment certificate issued by the Employer's Representative under Sub-Clause 13.10. 1.1.5.4 " Final Statement" means the agreed statement defined in Sub-Clause 13.8. 1.1.5.5 " Interim Payment Certificate" means any payment certificate issued by the Employer' s Representative under Clause 13, other than the Final Payment Certificate. 1.1.5.6 " Payment Milestones" means the milestones specified in Schedule 2.4 against which the Contractor is entitled to be paid for work completed in accordance with the percentages specified therein. 1.1.6 Other Definitions 1.1.6.1 " Contractor' s Equipment" means all machinery, apparatus and other things (other than Temporary Works) required for the execution and completion of the Works and the remedying of any defects, but does not include Plant, Materials, or other things intended to form or forming part of the Permanent Works. 1.1.6.2 " Country" means the country in which the Works are to be executed and to which Plant and Materials are to be delivered. 1.1.6.3 " Employer' s Supplies" means the equipment to be supplied by the Provisions Suppliers to the Contractor on behalf and for the account of the Employer, which is to be incorporated into and
15 comprising the Plant, details of which are contained in the Employer' s Requirements. 1.1.6.4 " Latent Defect/Damage" means a defect in or damage to the Works that was present during the Contract Period, but which would not have been disclosed by reasonable examination during such period. 1.1.6.5 " Materials" means things of all kinds (other than Plant) to be provided and incorporated in the Permanent Works by the Contractor, including the supply only items (if any) which are to be supplied by the Contractor as specified in the Contract. 1.1.6.6 " Permanent Works" means the permanent works to be executed in accordance with the Construction Drawings. 1.1.6.7 " Plant" means machinery and apparatus intended to form or forming part of the Permanent Works, including the supply-only items (if any) which are to be supplied by the Contractor as specified in the Contract and, as the context may require, the Employer' s Supplies taking into account the responsibilities of the parties in relation to the Employer' s Supplies in accordance with Sub-Clause 4.20. 1.1.6.8 " Section" means a part of the Works specifically defined in the Employer' s Requirements as a Section (if any). 1.1.6.9 " Site" means the places provided by the Employer where the Works are to be executed and to which Plant and Materials are to be delivered, and any other places as may be specifically designated in the Contract as forming part of the Site. 1.1.6.10 " Temporary Works" means all temporary works of every kind (other than Contractor's Equipment) required for the execution and completion of the Works and the remedying of any defects. 1.1.6.11 " Variation" means any alteration and/or modification to the Employer' s Requirements, which is instructed by the Employer' s Representative or approved as a variation by the Employer's Representative, in accordance with Clause 14. 1.1.6.12 " Works" means the Permanent Works and the Temporary Works or either of them as appropriate. Headings and Marginal Notes 1.2 The headings and marginal notes are not part of these Conditions, and shall not be taken into consideration in their interpretation. Interpretation 1.3 Words importing persons or parties shall include firms and corporations and any organization having legal capacity. Words importing the singular also include the plural and vice versa where the context requires. Words importing one gender also include other genders.
16 Law and Language 1.4 The Contract shall be governed and interpreted in accordance with the laws of The People' s Republic of China. The law governing the procedure and administration of any arbitration instituted pursuant to sub-clause 20.4 shall be the laws of The People' s Republic of China. The languages for day to day communications shall be the Chinese and English languages. Contract Agreement 1.5 If requested by one party, the other parties shall execute a Contract Agreement, in the form approved by the Employer as may be necessary to record the Contract. The costs of stamp duties and similar charges imposed by law shall be borne by the Employer. Priority of Documents 1.6 The documents forming the Contract are to be taken as mutually explanatory of one another. If there is an ambiguity or discrepancy in the documents, the Employers' Representative shall issue any necessary clarification or instruction to the Contractor, and the priority of the documents shall be as follows: (a) The Project Purchase Order to the extent signed by an executive officer of the Employer; (b) The Phase work instruction, to the extent signed by either the Employer' s Representative or an executive officer of the Employer; (c) The Contract Agreement; (d) The Conditions of Contract; (e) The Employer' s Requirements; and (f) The Construction Documents, the Tender and any other documents forming part of the Contract. Documents on Site 1.7 The Contractor shall keep on the Site one complete set of the documents forming the Contract, the Construction Documents, Variations, other communications given or issued under Sub-Clause 1.8 and the documents mentioned in Sub-Clause 5.4. The Employer, the Employer's Representative and assistants (as referred to in Sub-Clause 3.3) shall have the right to use such documents at all reasonable times. Communications 1.8
Wherever provision is made for the giving or issue of any notice, instruction, consent, approval, certificate or determination by any person, unless otherwise specified such communication shall be in writing and shall not be unreasonably withheld or delayed.
Wherever provision is made for a communication to be " written" or " in writing" , this means any hand-written,
17 type-written or printed communication, including agreed systems of electronic transmission. All certificates, notices or written orders to be given to the Contractor and/or the Guarantor by the Employer or the Employer's Representative, and all notices to be given to the Employer or to the Employer's Representative by the Contractor and/or the Guarantor, shall either be delivered by hand against written acknowledgement of receipt, or be sent by airmail or one of the agreed systems of electronic transmission. The addresses for the receipt of such communications shall be as follows:
For Contractor
Attn : Mr. Su Gangmin
Project Director
Attn : Mr. Chen Lin Zhi , Mr. Li Yigong
Project Manager
Address:
For Guarantor
Attn: Mrs. Hupin
Chairman
Company' s name: China Electronics Engineering Design Institute
Company' s address: 27 Wanshou Road, Beijing, 100840
For Employer
Attn: Mr WC Chong
Employer' s Representative Multi-Fineline Electronix (Suzhou) CO., LTD
Suning Industrial Estate Block A&B, South Dongwu Road,
Suzhou 215128, China
Email address: wcchong@mflex.com.cn
With a copy to:
General Counsel
Multi-Fineline Electronix, Inc
3140 E. Coronado Street
Anaheim, CA 92806 USA
Email address: cbesnard@mflex.com Provision of Construction Documents 1.9 The Construction Documents shall be in the custody and care of the Contractor. The Contractor shall provide to the Employer 6 sets of Construction Drawings for civil works and M&E installation for MFC-1 Suzhou. Contractor' s Use of 1.10 Copyright in the Construction Documents and other
18 Construction Documents documents made by or on behalf of the Contractor shall (as between the parties) become the property of the Employer. They shall not, without the Employer' s consent, be used, copied or communicated to a third party by the Contractor or the Contractor' s Representative for any purposes other than the Contract. Contractor' s Use of Employer' s Documents 1.11 Copyright in the Employer's Requirements and other documents issued by the Employer or the Employer' s Representative to the Contractor shall (as between the parties) remain the property of the Employer. The Contractor may, at his cost, copy, use and communicate any such documents for the purposes of the Contract. They shall not, without the Employer' s consent, be used, copied or communicated to a third party by the Contractor, except as necessary for the purposes of the Contract. Compliance with Statutes, Regulations and Laws 1.12 The Contractor shall, in all matters arising in the performance of the Contract, comply with, give all notices under, and pay all fees required by, the provisions of any national, provincial or local statute, ordinance or other law, or any regulation of any legall ...
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