In the event of a need for construction, design issues occupy one of the central places. Who, how and when, how well will cope with the design task - all this determines the overall success of the entire enterprise. In this case, a design contract is used to formalize the relationship between the customer and the contractor. A contract for design work can be drawn up either on the basis of a sample downloaded from the Internet, or prepared with the help of lawyers who will prepare a draft agreement for a fee as part of the provision legal services. The contract for the design should reflect the specifics of the relationship between the parties, and have a clearly defined subject of the contract, as well as determine the mutual rights and obligations of the parties. The conditions on the subject should determine the specific scope of work, as well as their name and deadlines. To minimize the risk of disputes, these terms and conditions should be described as exhaustively and punctually as possible. Often the design includes several stages, determined by the specifics of the object being designed. The stages of work should also be reflected - in the text of the contract and in the annex. Permits (a copy thereof), allowing the contractor to carry out the design, should also be attached to the document. In addition, attention should be paid in the text of the agreement to such aspects as who prepares the design assignment, whether the customer has the right to disclose the results of design work, dispose of them at his own discretion, or will be obliged to coordinate all this with the contractor. All these aspects will not be easy to take into account if a sample contract for design work is downloaded from the Internet, and will only partially fit the emerging relationship.

Contract for the execution of design work

When concluding a contract for design work, special attention should be paid to the person who will carry out the design. The fact is that since the design of, for example, a residential building will differ from the design of a real estate object for industrial purposes, it is necessary to check whether the designer has the necessary powers, whether he has licenses. Contract for design work with individual can be concluded if it is involved on the part of the customer, i.e. does not carry out the design work itself, but will implement the results of this activity, for example, when erecting a country house according to the project.

Moscow "___" _____________ 201__

Hereinafter referred to as the "Customer", represented by _________________________, acting on the basis of __________________, on the one hand,

and Open Joint Stock Company "__________________________________________" (abbreviated name - JSC "_______________"), hereinafter referred to as the "Contractor", represented by Director General __________________, acting on the basis of the Charter, on the other hand, collectively referred to as the "Parties", have concluded this agreement for design work (hereinafter referred to as the "Agreement") as follows:

1. The Subject of the Agreement
1.1. The Customer instructs, and the Contractor assumes the obligation to develop project documentation by ... (hereinafter referred to as the "Works").
1.2. Design stages: Design and Working documentation.
1.3. The Contractor grants the Customer the right to use the project documentation developed under this contract for the performance of Works at the facility specified in clause 1.1. contracts for design work.
1.4. Technical, economic and other requirements for design products that are the subject of this Agreement must comply with the requirements of SNiP and other applicable regulations Russian Federation.
1.5. The Contractor performs the Works specified in p.p. 1.1. of the Agreement in accordance with the Terms of Reference (Appendix No. 1).

2. Cost of work and payment procedure
2.1. The cost of works is set by the Minutes of the agreement on the contractual price (Appendix No. 4) and amounts to ... rub. ... cop. (…) rubles 00 kop., including VAT 18% - … (…) ruble … kop.
including:
2.1.1. stage "Project" - ... (...) rubles, including VAT - 18%;
2.1.2. stage "Detailed documentation" - ... (...) rubles, including VAT - 18%.
2.2. Payment for work under the Contract is made in stages, in accordance with the calendar plan (Appendix No. 2) in the following order:
2.2.1. The Customer, within 15 (fifteen) banking days from the date of conclusion of the contract for design work, transfers an advance payment in the amount of ... % of the total cost of the Works, which amounts to ... (...) rubles, including VAT 18% - ... (...) rubles ... cop.
2.2.2. Payment for the Works fully completed at each stage is carried out by the Customer on the basis of the Works acceptance certificate for the relevant stage, within 5 (five) business days from the date of its signing by the Parties, with a proportional deduction of the paid advance.
2.3. The obligation to pay is considered fulfilled from the moment of receipt Money to the Contractor's bank account.
2.4. Acceptance of Works for each stage and the procedure for signing the acceptance certificate of Works is carried out in accordance with paragraphs. 4.2.-4.4. of this contract for design work.
2.5. When changing the Terms of Reference (Appendix No. 1) by agreement of the Parties, resulting in a change in the volume and cost of the Works, the Parties sign an additional agreement to this Agreement, which indicates the changed volumes and the new cost of the Works.

3. Deadlines for the completion of the Works
3.1. The deadlines for the completion of the Works are determined in the work schedule (Appendix No. 2), which is an integral part of the contract for design work.
3.2. In case of violation by the Customer of the terms stipulated by the work contract for:
a) payment of an advance;
b) payment for accepted work results;
the deadlines for the performance of the Works are postponed for the time of delay in the fulfillment by the Customer of the above obligations under the Contract, but not later than the term of the Contract as a whole.

4. Order of delivery and acceptance of Works
4.1. Acceptance by the Customer of the results of the Works that meet the requirements specified in clause 1.5. Contracts are carried out in the manner specified in paragraphs. 4.2, 4.3. contracts for design work.
4.2. Upon completion of the Works by stages, the Contractor shall transfer to the Customer the documentation developed for the relevant stage in five copies on paper and one copy in electronic form in the following formats:
- explanatory note and other text documentation in Microsoft Word, Excel formats;
- drawings in AutoCAD format;
- and the act of acceptance of the Works for the stage in two copies.
4.2.1. The Customer, within 5 (five) business days from the date of receipt, considers the submitted documentation and signs the acceptance certificate for the Works by stage or submits a reasoned refusal to accept.
4.3. If the Customer refuses to sign the acceptance certificate for the Works at the relevant stage, the Customer sends the Contractor a written reasoned refusal to accept the Works with a list of necessary improvements and deadlines for their implementation.
4.4. The Contractor has the right to send to the Customer at the address specified in clause 7.7.2. contracts for design work listed in clause 4.2. Contract documents by mail. Within 5 (five) working days from the date of receipt by the Customer of the above acts, he is obliged to sign them and send one of the copies to the Contractor or send a reasoned refusal to the Contractor. If, after the expiration of the specified period, the Customer does not send the signed act of acceptance of the completed Works or a reasoned refusal to the Contractor, the Works are considered accepted in full, of proper quality and payable in accordance with the terms of the Agreement.

Contract for design and construction
№ _______

Moscow "___" _____________ 200___

ROSINTER RESTAURANTS LLC, hereinafter referred to as the "Customer", represented by General Director ________, acting on the basis of the Charter, on the one hand and,
LLC ______________________________________, hereinafter referred to as the "Contractor", represented by ________________________________________, acting on
on the basis of ___________________, on the other hand, have concluded this Contract as follows:

ARTICLE 1 DEFINITIONS

The concepts used in this Contract in the following text mean the following:

"Parties" - "Customer" and "Contractor".

"Customer" - LLC "_______________", a legal entity established in accordance with the legislation of the Russian Federation.

"Contractor" - ______________________________, a legal entity established in accordance with the legislation of the Russian Federation, performing work under this Contract on the basis of license (s) No. _______________________ dated "___" _________ 200__, issued by the Federal Agency for Construction and Housing and Communal Services au pair.

"Facility" - means the building (room of the restaurant "_______________________"), located at: ______________________________________, with a total area of ​​_____________ sq.m., in which the Contractor performs work in accordance with the terms of this Contract, building codes and rules in force in the Russian Federation in period of work.

"Works" - The whole set of necessary and sufficient actions to achieve the objectives of this Contract, including all the works defined in the Annexes to this Contract, but not limited to them, including:
- performance of pre-project, design works (electrical installation, ventilation and air conditioning, water supply and sewerage, low-voltage systems, fire extinguishing system, etc.), as well as obtaining all the necessary permits and approvals from the State Control and Supervisory Services for the performance of work under this Contract;
- repair, installation, finishing, commissioning and other types of work, including the supply of materials, products, equipment;
- delivery of completed Works to the Acceptance (Working) Commission;
- delivery of the completed Works to the Customer under the Acceptance Certificate of the completed work and commissioning of the Facility.

"Hidden Works" - Means Works hidden by subsequent works and constructions. The quality and accuracy of hidden works cannot be determined after subsequent work has been completed.

"Acceptance Certificate of Completed Works" - a Document signed by the Parties on the completion by the Contractor of certain volumes of Works provided for by this Contract in accordance with the terms established in this Contract.

"Acceptance Certificate of all completed works" - a Document signed by the Parties on the completion by the Contractor of all Works at the Facility provided for by this Contract.

"Connection to engineering communications" - Connection of internal engineering communications to external engineering networks, made in accordance with the specifications. Connection is made:
- electrical networks- from the switchboard installed inside the building;
- low-voltage networks - from a shield installed inside the building;
- cold water supply - from the water meter unit;
- heating - from ITP;
- sewer outlets - into existing drains.

"Executive documentation" - a complete set of documents (drawings, diagrams, etc.) produced by the Contractor based on the results of the performance of certain types of Works, showing the exact actual location, dimensions and details of the Works in the form in which they were performed, and also including, but, not limited to: operating instructions for the Equipment of the Facility, passports and certificates for Equipment and Materials, acts for Hidden Works and other documents in accordance with Appendix "D" of MGSN 8.01-00, protocols for testing engineering systems and acts for commissioning work performed.

"Security deposit" - a way to ensure that the Contractor fulfills its obligations to timely eliminate deficiencies and defects identified during the operation of the Facility within 3 (three) years from the date of signing by the Parties of the Acceptance Certificate of the work performed. A security deposit in the amount of 10 (ten)% of the total cost of the Contract is withheld by the Customer from the amount of funds payable to the Contractor in accordance with the terms of Article 5 of the Contract.
In accordance with clause 5.5. of this Contract, the parties have the right to set off counter homogeneous claims without monetary payment, on the basis of the relevant Set-off Certificate signed by the Parties.

"Subcontractors" - Organizations and their personnel engaged by the Contractor to fulfill any obligations of the Contractor under the Contract. The qualifications of the Subcontractors shall correspond to the nature of the work performed under the Contract.

"Approval" - Confirmation in writing duly made by the Employer and the Contractor or their authorized representatives within their competence.

"Contract" - This document, signed by the Customer and the Contractor, with all Agreements and Annexes to it, as well as all Additions and changes that are signed by the Parties during the period of its validity.

"Turnkey" - Performance by the Contractor of works, on the basis of the "Guidelines for the preparation of contracts for construction in the Russian Federation" (letter of the Ministry of Construction of the Russian Federation No. BF-558/15 dated 10.06.92), in accordance with this Contract. Works include: works on pre-project, design preparation; obtaining the approvals of the relevant regulatory authorities necessary for the performance of work and acceptance of the Facility for operation; repair, installation and finishing works; equipping the Facility with engineering systems (to the extent stipulated by this Contract), including heating, ventilation and air conditioning, water supply and sewerage, low-voltage systems, a sprinkler fire extinguishing system, power, plumbing and auxiliary equipment; elimination of defects identified during operation; providing the Customer with the technical documentation necessary for the operation of the Facility; ensuring the final commissioning of the Object. The object is transferred to the Customer completely ready for commercial (functional) use.

The definitions used above in the singular may also be used in the plural, where required within the meaning of this Contract.

ARTICLE 2 SUBJECT OF THE CONTRACT
2.1. The Contractor undertakes to perform, on the instructions of the Customer, the Works at the Facility on a turnkey basis in accordance with the terms of this Contract and hand over their result to the Customer, and the Customer undertakes to accept the result of the Works and pay for it.
2.2. The Contractor undertakes to develop the project documentation specified in Appendix No. 1.
2.3. The Contractor undertakes to develop project documentation in accordance with the requirements for project documentation set forth in Appendix No. 2. The Contractor is obliged to provide the Owner with Project Documentation in two languages: Russian and English.
2.4. The Contractor undertakes to perform construction and installation works at the Facility specified in the design documentation prepared by the Contractor and accepted by the Customer.
The Contractor undertakes to perform construction and installation works at the Facility within the time limits established by the Work Schedule (Appendix No. 3 to this contract)
2.5. The Contractor undertakes to perform construction and installation works at the Facility in accordance with the requirements set forth in Appendix No. 4 (Technical Documentation) to this contract.

ARTICLE 3 CONTRACT PRICE AND PAYMENT PROCEDURE
3.1. The total cost of work performed by the Contractor under this contract is (_________________________) rubles, including VAT 18% - _____________ (__________________________ ________) rubles. Detailed description the cost of work performed by the Contractor under this contract (details) is indicated in the Estimate (Appendix No. 5 to this contract).
3.2. The cost of developing project documentation is (_________________________) rubles, including VAT 18% - _____________ (__________________________ ________) rubles.
3.3. The cost of construction and installation works is (_________________________) rubles, including VAT 18% - _____________ (__________________________ ________) rubles.
3.4. The total cost of work performed by the Contractor under this contract includes the cost of all work necessary to fully fulfill the obligations of the Contractor under this Contract, including the cost of materials used by the Contractor in the performance of work under this Contract, equipment, mechanisms installed at the facility, etc. ., taking into account customs duties and fees paid on materials and equipment imported into the territory of the Russian Federation, the cost of delivery, the Contractor's expenses for obtaining the necessary approvals, permits, warrants, testing, inspections, conclusions, etc.
3.5. Within a period of not more than 20 (twenty) days from the date of signing this contract and the Contractor issuing an invoice to the Customer for the amount specified in this clause of the contract, the Customer pays the Contractor an advance payment in the amount of 30% (thirty percent) of the cost of developing design documentation and 30% (thirty percent) of the cost of construction and installation works, namely: ___________
3.6. Within a period not exceeding 20 (twenty) days from the date of signing by the Parties of the Project Documentation Acceptance Certificate, the Customer shall pay the Contractor 65% (sixty-five percent) of the cost of developing the project documentation, namely: _________.
3.7. Within a period of not more than 20 (twenty) days from the date of signing by the Parties of the Acceptance Certificate for construction and installation works, the Customer pays the Contractor 65% (sixty-five percent) of the cost of construction and installation works, namely: _______.
3.8. In order to ensure the Contractor's warranty obligations for the timely elimination of deficiencies and defects identified during the operation of the Facility, within a three-year period, the Customer withholds a Security Deposit in the amount of 10 (ten)% of the total cost of the Contract, namely: ___________ (_________) rubles. The customer pays the contractor a security deposit in the manner prescribed by this contract.

ARTICLE 4 TERMS OF COMPLETION OF WORK
4.1. All work under this contract must be completed and handed over by the Contractor to the Customer according to the Acceptance Certificate of all work performed no later than "___" _____________ 200__.
4.2. The Customer, no later than 5 (five) days from the date of signing by the Parties of this Contract, submits the Object to the Contractor under the Admission Certificate.
The completion date of the Works is the date of delivery of the Works at the Facility to the Customer and the signing by the parties of the Acceptance Certificate for all completed works.
4.3. In the event of the Customer's request during the period of the Contract for the performance additional work or changes in the scope of the Works, the timing and cost of such Works are agreed by the Parties and formalized by Additional Agreements to the Contract.
4.4. In case of untimely performance of the Works by the Contractor, in contrast to the terms established in this Contract, the Customer has the right to unilaterally and extrajudicially terminate this Contract by sending a written notice to the Contractor, and to complete the Works, hire another contractor, with subsequent reimbursement of the costs incurred for this purpose Contractor.

ARTICLE 5 PAYMENT TERMS
5.1. Payments under this Contract are made on the basis of original invoices, which are subject to transfer to the Customer no later than 5 (Five) working days before the due date of payment. The Contractor's delay in handing over the original invoice entitles the Employer to withhold the relevant payment in proportion to the period of such delay; in this case, sanctions are not applied to the Customer.
5.2. The Contractor is obliged to submit to the Customer all the documents stipulated by the tax legislation of Russia. If the Contractor fails to submit the documents stipulated by the tax legislation of Russia (provides improperly executed documents) or does not provide them in a timely manner, the Customer has the right to suspend payments under this agreement until the Contractor provides all required documents, without applying any penalties to the Customer.
5.3. Payment dates mean the date when funds are debited from the Customer's account.
5.4. Assignment of the right to a monetary claim under this Contract is possible only subject to prior signing by the Parties of the relevant Supplementary Agreement. Only the signing of the Supplementary Agreement is a proper notification (consent) of the Customer about the transfer of the right of claim from the Contractor to a third party. In case of violation of this condition, the Customer has the right to refuse to fulfill obligations in favor of a third party.
5.5. In order to ensure the Contractor's warranty obligations for the timely elimination of deficiencies and defects identified during the operation of the Facility, within a three-year period, the Customer withholds a Security Deposit in the amount of 10 (ten)% of the total cost of the Contract.
The Parties have the right to set off counter homogeneous claims without monetary payment, on the basis of the relevant Set-off Certificate signed by the Parties.
If the Contractor does not eliminate the shortcomings and defects identified at the Facility within 3 (three) years, as soon as possible, but in any case not more than 10 (ten) days from the date of their discovery by the Customer, the Customer has the right to eliminate the identified shortcomings and defects, independently or by other organizations at the expense of the Security Deposit, respectively reducing the amount of the Security Deposit payable to the Contractor. In the event of the said withholding, the Owner sends the Contractor a written notice of withholding with the calculation of the withheld amounts attached.
In case of proper fulfillment by the Contractor of the assumed warranty obligations, the Parties shall sign the Certificate of acceptance of warranty obligations every 4 (four) months. Within a period not exceeding 20 (twenty) days from the date of signing by the Parties of the Certificate of Acceptance of Warranty Obligations, the Customer shall pay the Contractor _____ (____) rubles from the Security Deposit.
If the Contractor improperly fulfilled the warranty obligations, and the Customer made a deduction from the Security Deposit, the amount payable by the Customer based on the results of the past 4 (four) months shall be subject to a corresponding reduction. In such a case, the amount payable to the Contractor shall be indicated in the relevant Warranty Acceptance Certificate.

ARTICLE 6 OBLIGATIONS OF THE PARTIES
6.1. To perform the Contract, the Contractor:
6.1.1. Performs work under this Contract on the basis of the available permits, in particular SRO certificates.
6.1.2. Carries out the purchase, delivery, payment of customs duties and storage of materials, unloading, acceptance, storage and supply for the performance of the Works of materials and equipment necessary for the Contractor to perform the Works under this Contract.
6.1.3. Performs on its own and its own materials (means) all the Works in accordance with the Annexes to this Contract to the extent of this Contract and within the time limits stipulated in this Agreement, and delivers the work in full to the Customer. Bears the burden of maintaining the construction site.
6.1.4. Ensures the safety of the Facility and property located at the Facility, bears the risk of its accidental loss and accidental damage until the Facility is handed over to the Customer under the Acceptance Certificate of all work performed.
6.1.5. Carries out systematic, and upon completion of works, final cleaning of the Facility and roads immediately adjacent to the Facility from construction waste, excess materials and products, carries out the removal of municipal solid waste, seasonal cleaning territory from snow or fallen leaves, dismantles and removes construction equipment and debris from the Facility. Disposal of garbage and waste is carried out by the Contractor at his own expense.
6.1.6. Ensures the implementation of the necessary fire-fighting measures and measures for safety and security environment during the period of work. The contractor is responsible for violation of the requirements of the law and other legal acts on environmental protection arising in the course of the work.
6.1.7. Undertakes to coordinate the Project Documentation with the Customer and state supervisory services, as well as with the Lessor and submit to the Customer documents confirming the specified approval before "___" ____________ 200___.
6.1.8. Delivers all auxiliary materials, improvised means and tools that are not specified in the Contract (Appendices), but are necessary for the performance of work under the Contract and the timely delivery of the Facility according to the Work Acceptance Certificate. Responsible to the Customer for the actions of its subcontractors as for its own.
6.1.9. Conducts, at the request of the Customer, an examination of the bearing capacity of the structures of the existing building as part of the remuneration provided for in clause 3.1. Contract.
6.1.10. Together with the Customer, within the framework of the remuneration provided for by the Contract, receives the technical conditions necessary for the performance of work under this Agreement from JSC Mosenergo, Vodokanal, and, if necessary, on the instructions of the Customer, also from Mosteploenergo.
6.1.11. Transfers to the design organization the documentation approved by the Customer for the development of the project.
Receives from the Customer and state control and supervision services the necessary Approvals and permits for the performance of the Works. Provides author's supervision over the production of the Works.
6.1.12. Is obliged to take measures, in accordance with the project and the current Rules and Regulations, to protect the environment inside and outside the Facility and to avoid injury or damage to citizens or their personal property, due to environmental pollution, noise or other causes resulting from the implementation of the Works by the Contractor.
6.1.13. Undertakes to independently and at its own expense coordinate the implementation of repair and construction work with private individuals living in houses above built-in, as well as built-in-attached Objects, house committees, housing and communal services, DEZ, etc.
6.1.14. Provides on its own and at its own expense all the needs for the performance of the Works in electricity, water, telephone and telefax communications, sewerage, heat supply, etc., including the laying of temporary communications, coordination with administrative bodies and payment for use on separate accounts of city organizations, including including reimbursement of payment for the services specified in this paragraph on the accounts of city organizations issued to the Customer during the term of this Contract.
6.1.15. At its own expense, makes deductions to the UGPS, IGASN of Moscow and other necessary payments related to the performance by the Contractor of work under this Contract.
6.1.16. Will make all types of insurance in accordance with Article 12 of this Contract.
6.1.17. Undertakes to ensure the delivery of the work performed by the Acceptance (Working) Commission before "___" _____________ 200__.
6.1.18. Will take out of the construction site the property belonging to the Contractor before the delivery to the Customer of the full scope of work under the Acceptance Certificate of all work performed.

6.2. To fulfill the Contract, the Customer:
6.2.1. undertakes to make payments in accordance with the terms of this agreement.
6.2.2. Provides the Contractor within 5 (five) working days from the date of signing this Contract with the Object according to the Certificate of admission to the Object for the performance of work.
6.2.3. Carries out technical supervision over the performance of work, without interfering in the operational and economic activities of the Contractor, namely:
- monitors the quality and timing of work performed;
- carries out quality control of the materials used by the Contractor;
- exercises control over the observance of the work production technology;
6.2.4. In the event that deviations from the terms of the Contract are discovered during the work, the Customer has the right to demand the termination of work performed with deviations from the terms of the Contract and their correction at the expense of the Contractor.
6.2.5. The Customer may make proposals for changes and additions to both the unapproved and the approved Project Documentation.

Continuation of the contract for design and construction:

Contract No.

for the development of project documentation

LLC "Ivanov", hereinafter referred to as the "Customer", represented by Director Ivanov I.I., acting on the basis of the Charter, on the one hand, andLLC "Petrov-Proekt" (NP SRO "Interregional Association of Designers"; certificate of SRO No. ________ dated _____ 2012), hereinafter referred to as the "Contractor", represented by Director Petrov P.P., acting on the basis of the Charter, on the other hand (collectively referred to as the Parties), have concluded this agreement as follows:

1. The Subject of the Agreement

1.1. The Customer instructs, and the Contractor assumes obligations to perform a set of works and services for the development and approval of the Design and Working Documentation for the facility:Automated steam and hot water boiler house with emergency fuel facilities (hereinafter referred to as Work or Documentation).

1.2. The documentation is developed by the Contractor on the basis of:

- Tasks for the design of the facility, which is Appendix No. 1 to this contract;

- Initial data for design provided by the Customer, in accordance with Section 9 of Appendix No. 1 to this contract;

- The results of engineering surveys provided by the Customer, in accordance with Section 10 of Appendix No. 1 to this agreement.

1.3. The initial data for the design and the results of engineering surveys in accordance with Appendix No. 1 to this contract must be provided by the Customer within 30 and 45 days according to the date of conclusion of this agreement.

1.4. The Work performed under this contract must comply with the requirements of regulatory documents, the Town Planning Code of the Russian Federation, Decree of the Government of the Russian Federation No. 87 of February 16, 2008, Order of the Ministry of Regional Development of the Russian Federation No. 108 of April 2, 2009, other applicable regulatory acts of the Russian Federation, in terms of the composition , content and execution of the Construction Design Documentation, as well as the Assignment for the Design of the Facility, which is Appendix No. 1 to this agreement.

1.5. The Contractor undertakes, with the assistance of the Customer, to organize and provide full support for the State examination of design and estimate documentation, followed by the obligatory receipt of a positive Conclusion.

2. Rights and Obligations of the parties

2.1. The customer undertakes:

2.1.1. Timely accept and pay for the Work performed in accordance with this contract.

2.1.2. Provide the Contractor with the documents and information necessary for the performance of the Works under this contract, as well as be responsible for their completeness and accuracy.

2.1.3. Within the terms established by the Contract, review, approve, approve and accept the materials and documents submitted by the Contractor relating to the subject matter of this contract.

2.1.4. In case of untimely receipt of the initial data by the Customer, he is obliged to provide a copy of each received document to the Contractor within two working days after its receipt in the manner prescribed by clause 1.2 of this contract. If the requirements of the documents do not comply with the design solutions developed by the Contractor, jointly determine the scope and timing of the work to correct the Documentation by amending this contract, and also pay for the work performed.

2.1.5. If it is necessary to process or correct the Documentation on its own initiative, together with the Contractor, determine the scope and cost of the specified Works and set the terms for their implementation and payment in the relevant Supplementary Agreement.

2.1.6. Assist the Contractor in the performance of the Work to the extent and on the terms stipulated by the Contract.

2.1.7. Use the Documentation executed under the Contract only for the purposes provided for in this Contract, do not transfer it to third parties and do not disclose the data contained in it without the consent of the Contractor.

2.2. The contractor undertakes:

2.2.1. Fulfill the obligations assumed in accordance with the terms of this agreement, the Assignment for the design of the facility (Appendix No. 1), the initial data, the results of engineering surveys and permits.

2.2.2. Within 5 (five) working days from the date of receipt of each source or permit document, inform the Customer in writing if there are discrepancies between the requirements or conditions of this document with the design solutions adopted by the Parties and developed by the Contractor. In the presence of such inconsistencies, the document is considered not transferred by the Customer with the onset of consequences in accordance with the terms of this agreement.

2.2.3. Transfer the finished Work to the Customer in accordance with the terms of this agreement.

2.2.4. Make corrections and supplement the Work according to the Customer's written reasonable comments at his own expense, if the errors were made through the fault of the Contractor, and the Customer's comments do not contradict the terms of this contract. The deadlines for making changes and additions specified in this paragraph are established by the Parties for each specific case separately, depending on the volume and nature of the corrections and additions. If the instructions of the Customer go beyond the scope of the subject of this agreement, the Parties sign an Addendum to this agreement, which determines the scope of the required additional Works, the deadlines for completion and the terms of payment.

2.2.5. Upon completion of the Works and / or each stage in accordance with the terms of this agreement, transfer to the Customer for consideration the result of the Work, as well as the Acceptance Certificate of the work performed in the manner and on the terms of this agreement.

2.2.6. Within the terms additionally determined by the Parties, at their own expense, eliminate deficiencies and supplement the Documentation on the comments of the coordinating organizations, if the latter are the result of an error or imperfection of the Contractor.

2.2.7. Make corrections according to the comments of the Customer or authorized state bodies at his own expense, if errors were made through the fault of the Contractor.

2.2.8. Do not transfer the Documentation executed under this agreement to third parties without the consent of the Customer.

2.2.9. To inform the Customer, at his request, about the state of affairs in the implementation of this agreement.

2.2.10. In writing, inform the Customer in a timely manner about the circumstances that prevent the Contractor from fulfilling the contractual obligations assumed.

2.2.11. The Contractor, at its own discretion, engage third parties for the performance of the Works and/or part thereof, concluding relevant subcontract agreements with them. In this case, the responsibility to the Customer for the quality of the Works and the choice of a subcontractor shall be borne by the Contractor.

2.3. The Parties establish that making any changes to the Documentation, as well as other documents (initial data, results of engineering surveys) is possible only subject to prior agreement with the Chief Engineer of the Customer.

3. Procedure and terms of work performance

3.1. Contractor begins to execute this contract from the moment of its conclusion unless otherwise provided by the terms of this agreement.

3.2. Pre-project surveys are carried out by the Contractor within 30 (thirty) days

3.3. The initial design data developed by the Contractor, in accordance with Section 11 of Appendix No. 1 to this contract, must be provided to the Customer within 30 (thirty) days from the date of conclusion of this agreement. The customer undertakes within 10 (ten) days consider the specified initial data, approve or send comments to the Contractor.

3.4. Development of design and working documentation must be carried out within 110 (one hundred and ten) days from the date of conclusion of this agreement.

3.5. The Contractor transfers to the Customer the completed and properly executed Work in the amount of 3 (three) copies in the manner and under the terms of this contract. Additionally, the Contractor provides the Customer with 1 (one) copy in electronic form in the format PDF.

3.6. The deadline for passing the state examination of project documentation is established within 60 (sixty) days from the moment of approval by the Customer of the design and estimate documentation and the readiness of the entire set of documents required for the state examination, in accordance with Section 33 of Appendix No. 1 to this agreement.

3.7. The Contractor undertakes to coordinate the sections of the project with the authorized services of the Customer prior to the state examination.

3.8. The Contractor undertakes to carry out the necessary approvals of project documentation with authorized state bodies and local governments.

3.9. The Contractor undertakes, with the assistance of the Customer, to organize and carry out full support of the State examination of design and estimate documentation with the subsequent receipt of a positive Conclusion. In case of receiving a negative conclusion of the State Expertise, the Contractor undertakes to eliminate the comments, if these comments relate to the performance of the Contractor's duties under this contract, and submit documents for re-conducting the State Expertise within 15 (fifteen) business days.

3.10. The services of authorized state bodies and local governments for project approval, as well as the cost of state examination of design and estimate documentation, are paid by the Customer.

3.11. The duration of the Works does not include the time spent on the approval of the Documentation by the Contractor with the Customer's services, authorized state bodies and local governments.

3.12. In case of non-compliance by the Customer with the established deadlines:

Providing initial data and results of engineering surveys;

Acceptance of Works (timely signing of the Acceptance Certificate or providing a reasoned objection to its signing);

Readiness of the documents required for the state examination, in accordance with clause 9, clause 10, clause 33 of the Design Assignment, which is Appendix No. 1 to this contract;

Payment for completed stages of the Works;

The deadlines for the performance of the Works under this contract are postponed accordingly for the period of delay in the fulfillment by the Customer of its obligations under this contract with a written notification of the Customer about the reasons and terms for prolonging the contract and / or its individual stages.

3.13. When the Work is performed in several stages, the start date of the Work on the first stage is the day of receipt of the advance payment, and the start date of the Work on the next stage is the day of payment for the Work on the previous stage, unless otherwise provided by agreement of the parties.

3.14. Acceptance of the Work and/or its stages is confirmed by the signing of the Acceptance Certificate by the Customer in the following order:

3.14.1. Consideration of the results of the Work presented by the Contractor and / or its stages by the Customer is carried out within 10 (ten) business days from the date of receipt of the work package.

3.14.2. Within the above period, the Customer is obliged to sign the Works Acceptance Certificate and send one copy to the Contractor or provide him with a reasoned refusal to accept the Works and / or its stages.

3.14.3. If the Customer refuses to accept the Work, the Parties, within 2 working days from the moment the Contractor receives a reasoned refusal, draw up an Act with a list of shortcomings, necessary improvements and deadlines for their implementation. For completion and correction of existing deficiencies, the Parties set a time limit for each specific case, depending on the volume and nature of the improvements and corrections.

3.14.4. Within five working days after receiving the signed Acceptance Certificate, the Contractor provides the Customer with the remaining sets of Design Documentation.

3.14.5. After the expiration of the period specified in paragraph 3.14.1, in the absence of a reasoned refusal, the Work is considered accepted by the Customer and payable on the basis of a unilateral Acceptance Certificate.

3.15. The basis for refusal to accept the Work is the non-compliance of the Work with the requirements and conditions of this agreement.

4. Cost of work and payment procedure

4.1. The cost of design work provided for by this agreement is established by the Parties on the basis of the Estimate for design work, which is Appendix No. 2 to this agreement.

4.2. As agreed by the parties, the cost of the Works under this contract is ______ rubles, VAT is not included.

4.3. The cost of work under this contract is not subject to value added tax (VAT) in connection with the use by the Contractor of a simplified taxation system on the basis of clause 2 of Art. 346.11 of Chapter 26.2 of Part 2 of the Tax Code of the Russian Federation.

4.4. Payment under this agreement provides for an advance in the amount of ______ rubles.

4.5. Upon approval by the Customer of the initial design data developed by the Contractor, in accordance with Section 11 of Appendix No. 1 to this contract, the Customer undertakes to pay the Contractor __________ rubles.

4.6. Upon signing by the Customer of the Acceptance Certificate of the developed design and working documentation, the Customer undertakes to pay the Contractor _________ rubles.

4.7. The remaining amount of ___________ rubles The Customer pays the Contractor within 10 days from the date of receipt of a positive conclusion of the State Expertise of the project documentation.

4.8. The date of payment is the date of receipt of funds to the account of the Contractor.

5. Liability of the parties

5.1. For violation of the obligations assumed under this agreement, the Parties shall be liable in accordance with the legislation of the Russian Federation.

5.2. The Contractor shall not be liable for failure to fulfill obligations under this Agreement, if it is caused by an action or inaction of the Customer, resulting in the failure to fulfill his own obligations under this Agreement to the Contractor.

5.3. If the Customer violates the terms of payment for the Work (at the relevant stage), he shall pay the Contractor a penalty in the amount of 0.03% of the debt for each day of delay in payment, but not more than 10% of the amount of this contract.

5.4. In the event of a delay in payment for the completed Works (part and / or Stage), delay in the provision of initial and / or permits for more than 14 (fourteen) banking days, the Contractor has the right to suspend the execution of Works at all stages of the design stages until the signing of the relevant Agreement on further conditions and deadlines for completion of the Works.

5.6. If the Contractor violates the deadlines for the delivery of the Work and / or its stage through the fault of the Contractor, established by this agreement, the Contractor shall pay the Customer a penalty in the amount of 0.03% of the cost of the late stage of work for each day of delay, but not more than 10% of the amount of this agreement.

5.7. The payment of penalties does not release the Parties from the performance of obligations in kind. Voluntary recognition of penalties is their receipt on the account of the Party that submitted a written request and justification for their collection.

5.8. The Parties may be released from liability in the event of force majeure circumstances and in other cases arising independently of the will of the Parties, if the party could not be expected to take these circumstances into account when concluding the contract, or to avoid or overcome these circumstances or consequences.

The following events are considered as cases of force majeure, in particular: flood, earthquake, fire, other natural disasters, war, hostilities, acts of authorities and administration that affect the performance of obligations.

Evidence of the existence of the above circumstances and their duration are certificates issued by authorized organizations in accordance with the current legislation of the Russian Federation. The party affected by force majeure must immediately notify the other party by telegram or letter, incl. e-mail or fax about the type and possible duration of force majeure, as well as other circumstances that prevent the performance of contractual obligations. If the occurrence of the aforementioned circumstances is not notified in a timely manner, then the party affected by the force majeure is not entitled to refer to it, except in the case when the force majeure circumstance prevents the sending of such a notification in time.

5.9. During the period of force majeure and other circumstances exempting from liability, the obligations of the parties are suspended. If circumstances within the meaning of this article last more than 60 (sixty) calendar days, the Parties must decide the fate of this agreement. If an agreement is not reached, then the party affected by force majeure has the right to terminate the contract unilaterally after a written notice (by letter, telegram, fax, e-mail) about this to the other party 10 (ten) calendar days before termination. At the same time, the Contractor is obliged to return all payments previously received by him and not confirmed by the performance of the Work to the Customer's settlement account within the same period.

6. Relationships of the parties.

The procedure for changing and terminating the contract

6.1. All changes and additions under this agreement are made out by the Additional Agreement in accordance with the current legislation of the Russian Federation, unless otherwise follows from the terms of this agreement.

6.2. The parties, at their own discretion and by mutual agreement, have the right to change or terminate this agreement. Changes in the terms of this agreement and its termination are made in writing in the form of an Additional Agreement or an Agreement signed by the Parties or their authorized representatives.

6.3. At the request of the Customer, this agreement may be terminated early unilaterally in the event that the Contractor has materially violated the terms of this agreement on the timely delivery of the Work / its individual stages (more than one month) through its own fault.

6.4. At the request of the Contractor, this contract may be early terminated unilaterally in cases where the Customer has not fulfilled the obligation to pay the advance on time or has not paid the advance in full (payment delay for more than 3 months), has not transferred the initial permit documentation (delay more than 3 months).

In these cases, the Contractor/Customer warns the party in writing about such violations with a request to eliminate them within a reasonable time or informs about the termination of this contract 30 days before its termination.

6.5. In the event of termination of the Work or its suspension under this agreement (at the initiative of the Customer, by agreement of the parties, under other conditions provided for by this agreement and current legislation), the Customer is obliged to accept from the Contractor under the Acceptance Certificate the Work in the amount in which it was completed at the time of termination of this agreement and pay its cost determined by the Contractor, based on the volume of the actually performed Work, the conditions and price of this agreement, advance payments made by the Customer. Payment by the Customer and transfer by the Contractor of unfinished Works shall be made in the manner prescribed by this Agreement. Incomplete works are transferred by the Contractor in the 1st copy on paper.

6.6. This Agreement is made in two copies, having equal legal force, one for each Party.

6.7. All notices, messages, claims sent by one of the Parties in connection with this agreement must be made in writing and will be considered properly transferred if they:

handed over in person;

Sent by registered mail with acknowledgment of receipt.

In cases of urgency, the Parties have the right to send each other the necessary notifications, claims and messages by e-mail and / or by facsimile. Decisions made at joint production meetings and reflected in the relevant Protocols signed by the Parties are binding on the Parties. Decisions taken at the end of the meetings that go beyond the scope of contractual obligations are subject to subsequent formalization in the form of the relevant Additional Agreements.

6.8. The Parties shall take measures to directly resolve disputes arising from the execution, modification or termination of this agreement through direct negotiations between authorized representatives of the Parties.

6.9. When negotiating by correspondence under the terms of this agreement (including claims), as well as to resolve the issues raised as part of the fulfillment of obligations under this agreement, agreeing on the terms of annexes and agreements to this agreement, the Parties set a period for their consideration no more than 7 -and (seven) working days. In the event of disputes and failure to reach agreement between the Parties, the dispute is referred to the arbitration court at the Chamber of Commerce and Industry of the Samara Region.

7. Special conditions

7.1. The right to use the Documentation developed under this Agreement shall be obtained by the Customer only after full settlements with the Contractor.

7.2. The copyright for the Documentation developed under this agreement belongs to the Contractor and its use by the Customer as a basis for the development of the Documentation for other construction projects must in all cases be agreed with the Contractor.

7.3. The Contractor must be fully indicated in any publications, printed publications, photographic materials undertaken by the Customer on the object reflected in the subject of this contract. In the case of further design based on materials developed by the Contractor under this contract, other design organizations, the Customer is obliged to involve the Contractor for the author's support.

7.4. A Party has the right to transfer its rights and obligations under this Agreement only with the written consent of the other Party.

7.5. All negotiations and correspondence, commercial offers prior to the signing of this agreement shall be considered invalid in case of their discrepancy with this agreement.

7.6. If one of the articles of this agreement becomes invalid, this cannot serve as a basis for suspending the operation of the remaining articles. In this case, the Parties to this agreement are obliged to agree in a timely manner on the introduction of new provisions into the text of this agreement to replace the invalid ones.

7.7. The Parties confirm and guarantee that this agreement is signed by authorized representatives of the Parties and that the conclusion of this agreement and the fulfillment of its terms does not contradict the provisions of the constituent documents of the Parties, internal documents of the Company, does not violate any resolutions and / or other regulatory documents of the authorities and the legislation of the Russian Federation .

7.8. The Parties are obliged to immediately notify each other about all changes in payment and postal details, changes in the legal address. Actions committed at old addresses and accounts, committed before notification of their changes, are counted towards the fulfillment of obligations in a proper manner.