工农许可分包合同.doc

FIELD PERMIT SERVICE PROVISION CONTRACTRef.: _This Field Permit Service Provision Contract (the “Contract”) is made and entered into by and between the following parties on _, 20_:BGP xxxx, a company duly incorporated and existing under the laws of _, having its registered office at _, hereinafter referred to as “BGP”;And_ (Name of Service Provider), a company duly incorporated and existing under the laws of _, having its registered office at _, hereinafter referred to as “Service Provider”;Both parties hereinafter referred to individually as a “Party” or collectively as the “Parties”.Whereas:(a) BGP is the contractor of _ (the “Client”) for the project of _ seismic acquisition services (the “Project”), and in order to carry out the Project in the least time possible and as fast as possible, it is necessary to carry out the Field Permit Work ( to be defined herein under).(b) The Service Provider hereby represents that it has the necessary capability, expertise, equipment relationship and qualified personnel to perform the Field Permit Work and is willing and able to do so on the terms and conditions set out herein;NOW THEREFORE, for and in consideration of the mutual covenants and agreements set forth herein, the Parties hereby agree as follows:1. OBJECTThe Field Permit Work (the “Work”) to be carried out by the Service Provider includes: To achieve the credibility with the local communities; GPS recording of every one of the property/lands in approximately _ (acreage) within the working area of the Clients Project; Obtaining the permits for BGP to occupy in, operate and pass the lands of the owners in the aforesaid working area of the Clients Project; Obtaining agreements, the signatures of the owners and to legalize before a public notary if necessary and as instructed by BGP, as well as to make payment of the compensation to the owners; To be an integral part of the seismic group, deliver the monthly work plan to BGP in the beginning of every month, continuously informing all the Work details and progress of the same; To be present at the working areas if necessary in order to support the normal operations in all the stages; To write all the related reports as required by BGP.2. PERSONNEL2.1. For the smoothly performance of the Work, the Service Provider shall provide the following minimum personnel (the “Personnel”) at the same time:One (1) Group Manager with extensive experience in the management of communities and who shall be responsible for the entire Work in field;_personnel for carrying out the daily Work;One (1) supervisor assistants responsible for documentation.2.2. The above Personnel do not include personnel in holidays and day-off and these functions of Personnel shall be staffed with adequate relief/rotation arrangements to assure that each function is staffed at all times in accordance with this Contract. All of expense for the Personnel, including salary, bonus, allowances, social contribution, insurance, taxes for Personnel hired by the Service Provider shall be paid by itself, and the Service Provider shall indemnify, defend and hold harmless BGP from and against any and all claims or liability for claims, demands, causes or causes of action of whatever kind or nature based on any liens, claims assessments, fines and levies arising out of the Service Providers failing to comply with this article.2.3. BGP has the right to request the Service Provider to increase and decrease their Personnel according to the real situation of the procedure of the Clients Project. The Service Provider shall provide all the curriculum vitae of his key personnel, and BGP has the sole right to ask for replace any person who is not satisfied to BGP.3. TRANSPORTATIONIn order to keep the smooth procedure of the Work, the Service Provider shall provide enough transportation, such as vehicle and ships during its Work. All of transportation shall be arranged and used by the Service Provider according to the requirement of Work. All of expense related to the transportation shall be paid and borne by the Service Provider (including the rent, oil fee and driver salary etc.). BGP has right to request the Service Provider to increase and decrease the transportation according to the real situation of the procedure of the Clients project.4. PERIOD4.1. This Contract shall become effective on the date of execution and be in effective for a period of _months, i.e. ending on _ (Expiration Date). Both parties agree that the time for the accomplishment of all responsibilities stipulated in the Contract shall comply with the time schedule of BGP.4.2. In order to keep the smooth procedure of the Work, BGP has right to request a certain time point of the Service Provider to obtain the land permission in the district according to the real situation.4.3. The Service Provider shall complete the documentation work and the required reports within 15 days after accomplishment of the Work for every month. The Service Provider shall provide the following supporting documents for the invoices they submit for every month: A statistical production chart or report that shows the monthly Work. A statistics report of the lost time for the surveying, drilling and recording group due to the Service Providers responsibilities. All Permits documents including:- Documents signed by Client Supervisor and BGP Supervisor;- Documents ready to be signed by Client Supervisor and BGP Supervisor.- Documents refused to be signed by Client Supervisor and BGP Supervisor. A chart showing invested quantity of workforce and vehicle hours per day/week/month. A schedule of the Work for the following month: production, personas/vehicles use and organization. A financial schedule and planning for the following month: permits cost, damage compensation, social needs/requirements.5. PRICE AND FORM OF PAYMENT5.1. The price that the Parties have agreed upon for the Work is the following:_ US$ per month, including Value Added Taxes and all the other applicable taxes levied on the Service Provider.5.2. In case of the fault or negligence of the Service Provider, causing loss or incompleteness of field permit documents and the Client refuses to reimburse BGP because of the above mentioned reasons, BGP has the right to deduct the lost amount from the amount due to the Service Provider for the reimbursement of BGPs loss.5.3. 10% of the above monthly amount paid to the Service Provider shall be retained by BGP as the guarantee of good service quality, and BGP agrees to pay to the Service Provider all of retained amount immediately after all of field Permits documents been accepted in written by the Client and BGP.5.4. Both Parties agree that aforementioned amount is the total and exclusive amount that shall be paid by BGP to the Service Provider, and the Service Provider shall not claim any other fees and expenses to BGP unless BGP agrees in writing.5.5. The price and rate hereof is fixed and not subject to the any fluctuation and changes.6. HEALTH, SAFETY, SECURITY & ENVIRONMENT6.1. The Service Provider must perform the Work in accordance with all applicable local and national governmental regulations, as well as with the HSE policies and procedures of BGP and the Client.6.2. BGP reserves the right to audit/inspect the Service Providers HSE program, equipment and operations before and during performance of the Work. The foregoing shall not however be construed to exclude the Service Providers duty to exercise care and diligence, or in any way relieve the Service Provider of its obligations and liabilities as expressed in this Contract.6.3. In case of the Service Provider violates BGP HSE policies, the Service Provider must take prompt action to correct such violation to the satisfaction of BGP. In addition to any other remedies available to BGP, any Personnel of the Service Provider, who violates BGP policy or any applicable policy of the Client, or any applicable government law or regulation, may be cause for immediate removal of the offending person from any BGP or Client property.7. OBLIGATIONS OF THE PARTIESBesides the faithful compliance with the legal, regulatory and contractual provisions, the Parties are obligated to the following:7.1. BGP agrees to: Provide the camp facilities for the use of the Service Provider, and the board and lodging shall be free of charge to the Service Provider. (Or the Service Provider shall pay BGP at rate of _) Provide _ interphones to the Service Provider for the communication between the base camp and the Service Providers vehicle and personnel who perform the Work. Others 7.2. The Service Provider agrees to: Combine with the very high professional level in the term agreed by BGP; carry out the Work which is consented by BGP. Undertake the office expenses by themselves. Accomplish the Work and reports on time, guarantee the integrity and nicety of organized document. Be obligated to explain any question issued by the Client supervisor. Others8. PENALTY AND AWARD SUM8.1. BGP has right to inspect various progresses of Work at any time, and request the Service Provider to carry out the Work as per the schedule submitted by the Service Provider and agreed by BGP. Both Parties agree that the Service Provider shall pay the penalty sum equivalent to US$_ per day to BGP if the Service Provider did not complete the Work in time. The amount shall be deducted from the final payment due to the Service Provider, in case of no sum due and payable, the Service Provider shall pay such penalty sum immediately as per the instruction of BGP.8.2. In case of completion of the Work 7 days earlier than the agreed schedule, the award amounting to US$_ per day shall be added to the final payment due to the Service Provider.9. REPRESENTATIVE OF THE SERVICE PROVIDERThe Service Provider shall appoint a competent and experienced representative to be responsible for administering this Contract on the Service Providers behalf and to be in charge of the Work within five (5) days of executing this Contract. The representative shall be responsible for and duly authorized to receive and act on all matters related to this Contract. BGP shall be entitled to rely on all decisions and positions of the representative as those of the Service Provider.10. INDEPENDENT CONTRACTOR10.1. The Service Provider is an independent contractor and neither the Service Provider nor its Personnel shall be employees, partners or joint venturer or agent of BGP. The entire performance, operation, management and control of the Service Providers equipment and Personnel shall be under the exclusive control and command of the Service Provider. The Service Providers primary purpose shall be to perform all acts necessary to execute the Work consistent with safety and good international oil industry practice.10.2. The Service Provider shall indemnify BGP against, and hold BGP harmless from all claims, losses, damages, costs (including legal costs), expenses, and liabilities of every kind and nature, in respect of property, equipments of the Service Provider whether owned, hired, leased or otherwise provided by the Service Provider, as well as the Service Providers personal injury including death or disease, arising from, relating to or in connection with the performance or non-performance of the Contract.10.3. The Service Provider shall have no authority to make any statements, representations or commitments of any kind or to take any action which shall be binding upon BGP except as provided for herein or authorized by BGP.11. FORCE MAJEURE11.1. In the event of any delay in performance by either party due to any cause arising from or attributable to acts event omissions accidents or Acts of God beyond the reasonable control of the party to perform including without limitation, strike, civil commotion, wars, hurricane, then the party so delayed or prevented shall be under no liability for loss or injury suffered by the other party thereby. The Party suffered by Force Majeure shall inform the other Party of the accident in a timely manner and with a certificate of the accident issued by the Competent Government Authorities where the accident occurs as evidence thereof. 11.2. Under such circumstances, the Service Provider, however, is still under the obligation to take all necessary measures to expedite the performance the Work. No payment shall be due and payable to the Service Provider for the suspension hereof. In case the accident lasts for more than 4 (four) weeks, BGP shall have the right to cancel and terminate the Contract without paying any additional expenses.12. CONTRACT TERMINATION12.1. This Contract shall be early terminated in any of the following cases:a) Upon insolvency or bankruptcy of any of the parties hereto.b) If either party hereto shall commit any breach act, either material or not, of its obligations hereunder and fails to remedy such breach within Seven (7) days of receipt of the other partys written notice specifying such breach.c) Both parties agree to early terminate this Contract by writing.d) BGP may at any time, terminate all or any part of the Contract without cause by giving fourteen (14) days prior notice to the Service Provider specifying that BGP intends to terminate the contract, the contract to be terminated, and the effective date of termination.12.2. Notwithstanding otherwise stipulated, this Contract shall be automatically and finally terminated from the Expiration Date stated hereinabove.12.3. Termination of the Contract will not relieve either party from any financial or other obligations occurred under this Contract. It is mutually agreed that no other termination payments or fees shall be considered other than those stated herein.12.4. Upon termination, the Service Provider shall return within 20 days all documentation and materials to BGP.13. INDEMNITYBoth