CONTRACT N__
on Financial services
__________________ "___"____________19___
XYZ S.A. a company incorporated under the laws of
Switzerland,Canton of Geneva, Switzerland, presented by its
President Mr._______________________________ ,hereinafter called
"XYZ S.А." and ____________________________________ presented
by_________________________________ hereinafter called "ТRUSTEE"
It is hereby agreed as follows:
Section I. SUBJECT OF THE CONTRACT
1. XYZ S.А. will provide TRUSTEE with financial services
inclading the transfer of funds, foreign exchange transactions,
cash management in various currencies, audit services.
2. TRUSTEE entrusts to XYZ S.А.:
a) The collection of funds from organizations and persons
which/who have financial obligations to TRUSTEE and the credit of
the amounts so received onto XYZ S.А. account No._______________
at the Bank___________________ ,Geneva, Switzerland or to other
accounts which shall be specified and scheduled by TRUSTEE for
each amount collected.
b) The transfer of amounts collected and credited according
to clause 2.a. onto the accounts of Russian and forign
organization and persons in accordance with TRUSTEE"s orders for:
- payments for shipments of goods or services provided by
TRUSTEE;
- payments for penalties and/or interest that TRUSTEE must
pay to its creditors;
- payments of other invoices that TRUSTEE must pay to its
creditors.
c) The use of the amounts of TRUSTEE transferred to XYZ S.A.
account at other accounts according to clause 2.a. of the Contract
hereto for the purchase of property, goods and services in
accordance with orders and specifications provided by TRUSTEE.
3. XYZ S.A. has the right:
a) to collect a commission of one per cent (1%) out of any
amount transferred to TRUSTEE as stipulated in clause 2.a. of the
Contract hereto.
b) to collect the following expenses borne by XYZ S.A.
connected with the execution of TRUSTEE"s orders:
- bank charges;
- legal fees;
- generally fees for third party services, if the principle
of these fees were previously approved by TRUSTEE.
c) to demand as at TRUSTEE"s order and from TRUSTEE"s name
the liabilities due from TRUSTEE"s debtors, in accordence with
legal regulation.
d) to transfer at the TRUSTEE"s order the appropriate amounts
of money to creditors by means and in currency previosly agreed
with these creditors.
4. TRUSTEE hereby ratified in advance each transaction
carried out by XYZ S.A. as at the order and/or in favour of
TRUSTEE.
Section 2. TERMS OF THE CONTRACT
5. The Contract hereto is executed as from
________________to_______________ 199__ and effects up the date of
________________to_______________ 199__ .
6. The Contract hereto may be cancelled by either party with
90 days" previous notice.
Section 3. RESPONSIBILITY
7. XYZ S.A. is liable toward TRUSTEE only for thous damages
resulting from fraud and gross negligence by it personnel in the
frame of the amounts of money received in accordans with clause
2.a. of the Contract hereto.
8. Rights, liabilities and responsibility of the parties
hereto shall be sybject to and governed by Swiss Law.
9. The cancellation of the Contract hereto doesn"t release
either party from completing fully their mutual obligation under
this Contract.
Section 4. NOTICES
10. All TRUSTEE"s orders connected with the execution of the
Contract hereto are considered valid if sent to XYZ S.A. in
written form.XYZ S.A. may decide at its sole discretion whether or
not to execute any order given by facsimile or telex, until
receipt of written confirmation.
11. Any notice required to be given under the Contract hereto
shall be deemed duly served if delivered by hand otsent by telex
or facsimile to the party to be served and simultaneously
confirmed by letter sent first class registered airmail, postage
prepares at the official addresses set Section 4.hereof.
12. Any notice served in accordance with clause 11. of the
Contract hereto shall be effective seven (7) days after the
sending by telex or facsimile of the notice of the folloving day
if hand delivered, unless a later date is specified in the notice.
13. The parties hereto are obliged to inform each other by
notice in advance and in accordance with clause 11 of the Contract
hereto of the official address, telepfone, telex or facsimile
number, if any.
Section V. ARBITRATION
14. Any dispute arising from the Contract hereto and/or any
allied contract, in particular with respect to their existence,
validity, interpretation, expiration of the contract will be
brought before the competent courts of the Canton of Geneva.
15. All the modifications and/or extensions of the Contract
hereto are considered valid if made in written form and signed by
both of the parties of this Contract.
Section VI. OFFICIAL ADDRESSES OF PARTIES
XYZ S.A. ___________________________________________________
_________________________________________________________________
_________________________________________________________________
TRUSTEE ____________________________________________________
_________________________________________________________________
_________________________________________________________________
* * *
The Contract hereto is executed in two (2) copies in Russian
and English each, kept by TRUSTEE and XYZ S.A. both texts having
the same force and effect.
XYZ S.A. TRUSTEE
___________________ ______________________