Common use of THE FRAMEWORK AGREEMENT Clause in Contracts

THE FRAMEWORK AGREEMENT. On 7 June 2016, the Company entered into the Framework Agreement with ▇▇▇ ▇▇▇, whereby the Company (by itself or through its subsidiaries) may, but is not obliged to, purchase Concrete from ▇▇▇ ▇▇▇ (or its subsidiaries and/or associates) from time to time during the period from 1 January 2016 to 31 December 2018 for the Group’s construction projects. During the term of the Framework Agreement, the Group and ▇▇▇ ▇▇▇ (or its subsidiaries and/or associates) will enter into Individual Agreement for individual transaction and the Individual Agreement shall contain details of the transaction including but not limited to the rights, assumption and obligations of the parties, fees and expenses, requirements of manufacture, payment, delivery and indemnities. The terms of the Individual Agreement shall not conflict with the general principles set out in the Framework Agreement. Should there be any conflict, the parties shall discuss and agree such adjustments to the Individual Agreement so that the general principles in the Framework Agreement should prevail. The parties agreed that the price, fee or any other consideration shall be determined with reference to the relevant market price on a fair and reasonable basis. As will be explained in greater detail below, the Group awards its contracts for Concrete through a tender/quotation by invitations process by which market price (being the price offered by independent third party suppliers for products of the same or substantially similar kind in ordinary business and within the same territory in the market) for the relevant Concrete products can be ascertained. The Framework Agreement is conditional upon approval by the Independent Shareholders pursuant to the Listing Rules, whereupon the 2013 Framework Agreement will cease to have effect. Subject to satisfaction of such condition, the Framework Agreement is for a term commencing from 1 January 2016 and ending on 31 December 2018, both dates inclusive. The Framework Agreement may be renewed upon expiry subject to the Company’s compliance with the Listing Rules. The Framework Agreement may be terminated by either the Group or ▇▇▇ ▇▇▇ by giving prior written notice to the other party three (3) months in advance and the parties should decide on the terms and conditions of such termination by mutual agreement.

Appears in 2 contracts

Sources: Framework Agreement, Framework Agreement

THE FRAMEWORK AGREEMENT. On 7 8 July 2011, the Company entered into the 2011 Framework Agreement with ▇▇▇ ▇▇▇ for the purchase of Concrete from time to time for the period from 1 June 20162011 to 31 December 2013 pursuant to the terms of the 2011 Framework Agreement. The term of the 2011 Framework Agreement will soon expire. Accordingly, on 18 November 2013, the Company entered into the Framework Agreement with ▇▇▇ ▇▇▇, whereby the Company (by itself or through its subsidiaries) may, but is not obliged to, purchase Concrete from ▇▇▇ ▇▇▇ (or its subsidiaries and/or associates) from time to time during the period from 1 January 2016 2014 to 31 December 2018 2016 for the Group’s construction projects. During the term of the Framework Agreement, the The Group and ▇▇▇ ▇▇▇ (or its subsidiaries and/or associates) will enter into Individual Agreement Agreements for individual transaction and transactions during the Individual Agreement term of the Framework Agreement, which shall contain details of the transaction transactions including but not limited to the rights, assumption and obligations of the parties, fees and expenses, requirements of manufacture, payment, delivery and indemnities. The terms of the Individual Agreement Agreements shall not conflict with the general principles set out in the Framework Agreement. Should there be any conflict, the parties shall discuss and agree such adjustments to the Individual Agreement Agreements so that the general principles in the Framework Agreement should prevail. The parties agreed that the price, fee or any other consideration shall be determined with reference to the relevant market price on a fair and reasonable basis. As will be explained in greater detail below, the Group awards its contracts for Concrete through a tender/quotation by invitations process by which market price (being the price offered by independent third party suppliers for products of the same or substantially similar kind in ordinary business and within the same territory in the market) for the relevant Concrete products can be ascertained. The Framework Agreement is conditional upon approval by the Independent Shareholders pursuant to the Listing Rules, whereupon the 2013 Framework Agreement will cease to have effect. Subject to satisfaction of such condition, the Framework Agreement is for a term commencing from 1 January 2016 2014 and ending on 31 December 20182016, both dates inclusive. The Framework Agreement may be renewed upon expiry subject to the Company’s compliance with the Listing Rules. The Framework Agreement may be terminated by either the Group or ▇▇▇ ▇▇▇ by giving prior written notice to the other party three (3) months in advance and the parties should decide on the terms and conditions of such termination by mutual agreement.

Appears in 1 contract

Sources: Framework Agreement