博物馆建设工程BT模式投资建设合同.docx

博物馆建设工程BT模式投资建设合同.docx

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博物馆建设工程BT模式投资建设合同

博物馆建设工程BT模式

投

资

建

设

合

同

回购人：

某市城市建设投资有限公司

投资人：

某建筑有限责任公司

签约地点：

签约日期：

20xx年3月1日

目录

陈述······························································································4

第一章特许权······················································································4

第1条定义和解释················································································4

1.1定义··························································································4

1.2释义··························································································7

第2条双方义务··················································································7

2.1特许权的授予··················································································7

2.2担保权························································································8

2.3投资人的主要义务··············································································8

2.4回购人的主要义务··············································································8

2.5建设期························································································8

2.6建设期的延长··················································································8

第3条合作前提条件··············································································9

3.1投资人条件····················································································9

3.2回购人条件····················································································9

3.3回购承诺函和回购担保文件······································································9

3.4履约担保······················································································9

第二章投融资···················································································10

第4条项目融资·················································································10

4.1投资人的投融资义务···········································································10

4.2担保权益·····················································································10

4.3融资文件·····················································································10

4.4资金使用·····················································································10

第三章项目监管·················································································10

第5条项目监管·················································································10

5.1回购人的监管权···············································································10

5.2财务监管·····················································································11

5.3资金管理·····················································································11

5.4工程造价监管·················································································11

5.5施工监理·····················································································11

第四章项目建设·················································································12

第6条土地使用·················································································12

6.1征地、拆迁和补偿··············································································12

6.2建设用地的权利···············································································12

6.3对建设用地的限制·············································································12

6.4临时用地·····················································································12

6.5公用设施使用建设用地·········································································12

第7条前期工作·················································································13

第8条设计修改和设计变更·······································································13

第9条施工·····················································································14

9.1投资人的主要义务···········································································14

9.2回购人的主要义务···········································································15

9.3建设工程质量···············································································15

9.4质量保证和质量控制方案·····································································15

9.5奖励·······················································································16

第10条进度计划及控制········································································16

10.1进度计划··················································································16

10.2进度报告··················································································16

10.3建设中的预期延误··········································································17

10.4建设过程中的监测、检验及异议······························································17

10.5工程停建或缓建············································································17

第五章项目终止·················································································18

第11条终止合同················································································18

11.1终止合同···················································································18

11.2终止合同的估价·············································································18

11.3终止后的支付···············································································18

第六条验收和移交·················································································19

第12条工程验收···············································································19

12.1验收标准··················································································19

12.2验收······················································································19

12.3重新验收··················································································19

12.4检验争端··················································································19

第13条单项工程移交············································································19

13.1移交的范围和时间··········································································19

13.2移交文件··················································································20

13.3技术移交··················································································20

13.4移交效力··················································································20

13.5移交证书··················································································21

第14条项目整体移交···········································································21

第七章缺陷责任··················································································21

第15条缺陷责任期·············································································21

15.1完成收尾工作和修补缺陷····································································21

15.2缺陷责任期················································································21

第八章回购款的计算、调整和支付···································································22

第16条回购款计算调整·········································································22

16.1回购款的计算··············································································22

16.2回购的调整················································································23

第17条回购款支付·············································································23

17.1回购款的支付··············································································23

17.2审计······················································································24

第九章环境及文物保护·············································································24

第18条环境及文物················································································24

18.1环境保护··················································································24

18.2保护考古、地质和历史文物··································································24

第19条项目文件和保险·········································································25

19.1项目文件的协调············································································25

19.2保险······················································································25

19.3知识产权··················································································25

第十章不可抗力···················································································25

第20条不可抗力及影响··········································································25

20.1不可抗力引起的中止履行····································································25

20.2通知······················································································26

20.3不可抗力造成的支出和延误··································································26

20.4减少损失的责任和协商······································································27

20.5不可抗力造成的终止········································································27

第十一章合同转让················································································27

第21条双方合同合同让·········································································27

21.1由回购人的转让············································································27

21.2由投资人的转让············································································28

第十二章违约责任·················································································28

第22条违约责任···············································································28

22.1投资人违约················································································28

22.2回购人违约················································································28

第十三章争议解决·················································································28

第23条解释规则···············································································28

23.1合同文件···································································