执照产品研发合同-英文版

2021年1月14日发(作者：卓习之)

Date:
Classification: Final Draft
Project Name: Packer rubber for staged fracturing tool

2012-11

Specification No:
Revised No:
Internal Order No:

Client:




GENERAL CONTRACT

BETWEEN
AND
OF
THE PACKER RUBBER
FOR STAGED FRACTURING TOOL

IN ALBERT CANADA

BY
UNIVERSITY OF ALBERTA


Prepared By: Sheet

GENERAL CONTRACT BETWEEN AND UNIVERSITY OF ALBERTA
OF THE PACKER RUBBER FOR STAGED FRACTURING TOOL

Introduction
Accompanying with the fast growing of fracturing operation in petroleum
industry in China, the usage of the staged fracturing tools will be expanded
markedly.
By the invitation of Prof. Gu, University of Alberta (shall mean the Party B) will
help Poly-Doctor Petroleum Technology Co. Ltd. Beijing (shall mean the Party A)
to develop a packer rubber for staged fracturing tool. The site of the packer
rubber manufacturing plant is selected in Alberta.
(More information please is noticed in the attachment of the Proposal of the
packer rubber production line for staged fracturing tool in Alberta, Canada.
Internal Order No: UAlberta-2012-11)
Parties in this Contract
Entrusting Party (Party A):
Entrusted Party (Party B): University of Alberta
116 St, 85 Ave
Edmonton, AB
Canada
T6G 2R3
Articles of Rights and Obligations of two Parties
The following articles have been discussed and agreed upon between Party A (stands
for …) and Party B (stands for University of Alberta):
The scope of supply for this Contract is Party B helps Party A to build a packer rubber for
staged fracturing tool (required technical specification is attached in the technical
index).Party A entrusts Party B to research and develop technique proposal of a packer
rubber for staged fracturing tool. The following articles are reached and abided by the
both parties.
Article 1: Definitions

1.1 Technique proposal of a packer rubber for staged fracturing tool (hereinafter
referred to as “the Solution”) shall mean all the required techniques to construct the
general idea which will commit the attached technical index requirements in attachment.
The Solution shall include all technical details of all designing schemes and experimental
verification for key parameters.
1.2 documentationsshall mean all the necessary documents to design the
Solution and all the verification documents that Party B will use in designing the
Solution.
1.3 “R&D” shall mean research and development.
Article 2: Contents & Scopes of Contract
2.1 The requirements of the Contract Solution
2.1.1 Technical Content:
(a) Design technical proposal;
(b) Key features verification;
(c)

Detailed technical requirements see technical index attachment.
2.2 The obligations of both parties
2.2.1
Party B shall submit the R&D plan to Party A within two months after this
Contract comes into effect.
2.2.2
With the confirmation of the both parties, within the validity of the Contract,
Party A shall designate Mr. … as Party A’s project contact person. Party B shall
appoint Mr. … as Party B’s project contact person. If any changes of the contact
person occur, one party shall inform the other party based on written materials in
due time. If one party fails to promptly inform the other party, it shall be held
responsible for any influence or damage caused by the untimely notification during
the performance of the Contract.
2.3 Delivery
Party B shall deliver the Contract Solution to Party A before November 1
st
2012, which
shall be in accordance with the contents as specified in the technical index of Internal
Order No: UAlberta-2012-11 of the attachment of the Contract.
2.4 Assessment & Acceptance
Confirmed by the both parties, Party A shall adopt the signed standards and methods to
examine and accept the Contract Solution by Party B.

2.4.1
To ensure that the Contract Solution supplied by Party B is correct, reliable and
advanced，Party A and B shall jointly perform the assessment and acceptance of the
technical Solution and core parameters in accordance with the provisions of items 2.1
- 2.3 of the Contract and technique attachment. If the technical Solution are qualified,
both parties shall jointly sign a certificate of acceptance in two copies, one for each
party.
2.4.2
If the Solution is not able to meet the requirements of the Contract, both parties
shall hold friendly discussions to analyze the reasons and take measures to correct
any defect and prepare for the second assessment and acceptance of the Contract
Solution, and the second assessment shall be delivered to Party A after 120 days of
the date of Delivery. If the Solution are still not qualified after the second assessment
and acceptance and the responsibility lies in Party B ,Party B shall be responsible for
all the losses thus caused, Party A shall have the right to terminate the Contract and
raise a claim against Party B according to Article 6；If the responsibility lies in Party
A, both parties shall mutually discuss the further implementations of the Contract.

2.5 Contract technical Solution results and related intellectual property
ownership

Confirmed by the both parties, the technical Solution results and related intellectual
property right generated from the Contract shall be settled by the following methods.
2.5.1
Party A has the right to apply for the patents. The use and the relevant
allocation of benefits after obtaining the patent right are as following: Party A will
own the patent right and benefits.
2.5.2
The profit caused from the use and transfer of the ownership of patent right
shall be dealt by the following ways:
(a)

The right to use technical secret: Owned by party A;
(b)

The right to transfer technical secret: Owned by party A;
(c)

The method to allocated the relevant benefits: Owned by party A;
2.5.3
The owner of the physical fixed property which was bought by Party B rights of
equipments, instruments procured with the funds of research and development is
Party B.
2.5.4
With the both parties’ confirmation, Party A has the right to utilize the research
and development achievements provided by Party B in accordance with the
stipulation in the Contract to make follow-up improvement. Thereby the new
technologic achievements with the feature of substantial or creative technology
progress and its right adscription shall be shared by Party A. The detailed allocation
of the related benefits shall be as follows: Owned by party A.
2.5.5
After the accomplishment of the R&D works stipulated in the Contract, Party B
has the right to take use of the research and development achievements to make
follow-up improvement. Thereby the new technologic achievements with the feature
of substantial or creative technology progress shall be owned by Party B. The detailed
allocation of the related benefits shall be as follows: Owned by Party B.
Article 3: Contract price
3.1
According to the Contract contents and scopes as specified in Article 2, the total
price of the Contract Solution provided by Party B including the designs, drawings,
product, technical service and training shall amount to five hundred thousand dollars.