Article 8 Technical Improvements
8.1 If the technical documents provided by Party B are not applicable to Party Asactualproduction condidions (such as design standards, raw materials, purchased Partsfor the ma-chine, production facilitie), Party B is obliged to assist Party A inmodifying the technicaldocuments and confirm the same. upon the condition that theproperties of the Contracted Products are not affected, raw materials, fittings andequipmint of chinese origin may be used.
8.2 During the currency of the Contract. if eithet of the two parties effets improve-ments on or developments of the Products within the xcope stipulated in the Contract,thd said party shall submit, free of charge, to the other party the technologicalinformation con-cernign such improvements or developments.
8.3 The ownership of such improvements on or developments of the ontracted Productshall belong to the party who has effected such improvements or develpments. The otheparyt shall not apply for patent ortransfer the same to any third arty.
Article 9 Guarantees and Claims
9.1 Party B guarantees that the technical& nbsp;documents to be supplied by Party B are thelatest technical information which has been put into practical use by Party B. Party Balso undertakesto supply to Party A in time the technical information relevant to anydevelop-ment of or improvement on the Contracted Product.
9.2 Party B guarantees that the technical documents to be supplied by Party B arecom-plete,correct,legible and are to be despatched in time.
9.3 If the documents supPied by Party B are not in conformity with the stipulationin Article 6, Party B shall, within the shortext possible time but not later than 3Odays after re-ceiPt of Party As written notice, despatch free of charge to Party Athe missing or the cor- rcet and legible technical socuments.
9.4 If Party B fails to despatch the said documents within the stipulated period asper Appendix 2 Party B shall pay penalty to Party A in the following proportions:
(1)percent of the total Contract price for delay from 1 to 4 weeks.
(2)percent of the total contract price for delay form 5 to 8 weeks.
(3)percent of the total contract price for delay exceeding weeks;
9.5 The payment of penalties by Party B to Party A as stipulated in Article 9 shllnot releve party B of its obligation to deliver the said documents.
9.6 Whenever the delay in delivering the said documents exceeds 6 months, Party Ashall be entitled to terminate the Contract at its discretion and Party B shall beobliged to re- fund Party A all its payments together with the corresponding ingerestat the rate of... per-cent per annum.
9.7 If the verification tests fail with the responsibility lying with Party B andif,as theresult,Party A cannot start normal production with the Contract having to beterminated, Party B shall erfund all the payments previously made by Party A to Party Btogether with the interest at the rate of... percent per annum.
9.8 If only some aspects of the properties of the Product are not up to the standardsasstipulated in the Contract and the responsibility lies with Party B, Party B shallcompensate Party A with ... percent of the total Contract price according to Concredtcircumstances. Ifthe responsibility lies with Party A, Party a shall pay the totalContract price in accordancewith the stipulations.
Article 10 Confidentiality
10.All drawings, designs, specifications and all other technical informationmade available under this Contract by Party B shall be kept strictly confidential byParty A who.shall not sell, transfer or divulge it in any manner to anyone exceptthose of its own employ-ees who will be using it in the manufacture of the Products,without prior written consent ofParty B. Party A may. however,supply such technicalinformation to its subcontractor to the extent necessary for such subcontractor tomanufacture parts of Contract Products,pro-vidingthat Party A shall have suchsubcontractor agree, in writing, to hold suchnical information strictly in confidence.
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