Chapter 4- E-V Translation
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Transcript of Chapter 4- E-V Translation
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8/13/2019 Chapter 4- E-V Translation
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1. Any dispute between the Parties as to the performance of this CONTRACT or the
rights or liabilities of the Parties herein, or any matter arising out of the same or
connected therewith, which cannot be settled amicably shall be settled by
arbitration. ach of the Parties hereto shall be entitled to appoint one arbitrator and
the third arbitrator shall be appointed !ointly by the Parties.
". The arbitration shall be held at #ingapore. The award of the arbitrators shall be final
and binding upon the Parties. The costs of the arbitration shall be borne by the Party
whose contention was not upheld by the arbitration tribunals, unless otherwise
pro$ided in the arbitration award.
%. Notwithstanding the foregoing, the Parties may agree that any particular matter of
disputes can most &uic'ly be settled by an (pert. )n that e$ent, the Parties shall
!ointly prepare and sign a statement on the issue to be determined by the (pert
before agreeing upon the identity of the (pert.
*. CONTRACTOR and its #ub+contractors shall be sub!ect to the applicable law. )f
CONTRACTOR or its #ub+contractors perform the Contract in breach of the law,
then CONTRACTOR shall bear any additional costs of said $iolation and correction
thereof. -aw includes any laws and any re&uirements, rules, or regulations of any
rele$ant authority.
. This Contract and all &uestions concerning its $alidity, interpretation andperformance shall be go$erned by the law of the #ocialist Republic of /ietnam. This
contract shall not include, incorporate or be sub!ect to the pro$isions of the 0nited
Nations Con$ention on Contracts for the )nternational #ale of 2oods.3
4. The Parties agree to the establishment and continuance of international
telecommunications ser$ices using )nternet 5including phone to phone calls and fa(
to fa( calls6 in accordance with the terms and the conditions set forth in this
Agreement which shall be collecti$ely referred to as the 0#er$ices3.
7. This Agreement supersedes all prior agreements, promises, understandings,
statements, representations and warranties and embodies the Parties8 complete and
entire agreement with respect to the sub!ect matter hereof. No statement or
agreement, oral or written, made before the e(ecution of this Agreement shall $ary
or modify the written terms hereof in any way whatsoe$er.
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9. :;RA#, /T) is a telecommunications carrier duly authori
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1. This Agreement may be e(ecuted with se$eral counterparts, each of which shall
constitute an original, but all of which shall constitute one and the same instrument.
To the e(tent that this Agreement is translated into any other language, the nglish
language $ersion shall be the authoritati$e $ersion.
14. All disputes, contro$ersies, or differences which may arise between the parties,
out of, or in relation to, or in connection with this contract, or for the breach thereof,
shall be finally settled by arbitration in #ingapore in accordance with the
Commercial Arbitration Rules of the #ingapore Commercial Arbitration Board and
under the -aws of #ingapore.
17. )f any one or more of the pro$isions contained in this Contract or any document
e(ecuted in connection herewith shall be in$alid, illegal or unenforceable in any
respect under any applicable law, the $alidity, legality and enforceability of the
remaining pro$isions contained herein shall not in any way be affected thereby.
19. Any discrepancies and or disputes arising out or in connection with this contract
not settled amicably shall be referred to Arbitration in accordance with the Rules
and Practices of the )nternational Chamber of Commerce in Paris or such other
places agreed by both sides.
1=. 0#ubcontractor3 means any person named in the Contract as a #ubcontractor for
a part of the :or's or any person to whom a part of the :or's has been
subcontracted with the consent of the ngineer and the legal successors in title to
such person, but not any assignee of any such person.
">. )n this contract the words below ha$e the meanings ascribed to them unless the
conte(t otherwise clearly dictates. DContract Dmeans this Contract, its preamble and
appendices, as well as all documents e(pressly listed as Contract documents or
otherwise e(pressly mentioned in this Contract.