Invalid contract statement and re-signing instructions
The original contract entrusting party: xx Company and the entrusted party: signed the technology development entrustment contract on xx, xx, xx. Project name: xx. As the entrusting party is a newly established company, the procedures for opening a bank account are agreed in the process of handling, so as not to affect the cooperation between the entrusting party and the entrusted party and the payment time. Note: The contract stipulates that payment shall be made within 7 days after the contract is signed. Note: xx Company, a subsidiary of the special entrustment group, paid the project development fee, but the entrusted entity company was inconsistent with the transfer account company, so it could not be recorded in the audit of the entrusted party. Through communication between the entrusting party and the entrusted party, the original contract is now declared invalid and signed by the entrusting party: xx Company. Hereby declare and apply!
Client: xx Company (official seal)
Trustee: xx (official seal)
Xx year xx month xx day
The statement of signing a new contract after the original contract is invalidated needs to indicate the relevant information of both parties first, then specify the specific content of the contract dissolution, the consequences to be borne after the contract dissolution and the responsibilities of both parties, explain the time limit of the relevant rights and obligations of both parties, and explain the specific information and content of the re-signed object, and finally sign and seal.
1, indicating the basic information such as the name and address of the party concerned;
2. Explain the basic contents of an invalid contract, including the reasons for invalidity, expression of will and consequences;
3, indicate the signature or seal of the parties, invalid date, etc. Invalid contract means the termination of the contract. The termination of a contract refers to the behavior of one or both parties to terminate the validity of the contract according to the legal basis or the agreement of the parties. The termination of a contract can be divided into two situations: agreed termination and legal termination. The parties may terminate the contract if they reach an agreement through consultation. The parties may stipulate the conditions for one party to terminate the contract. When the conditions for contract termination are met, the creditor may terminate the contract. After the termination of the contract, if it has not been performed, the performance shall be terminated; If it has been performed, according to the performance and the nature of the contract, the parties may request restitution or take other remedial measures, and have the right to claim compensation for losses.
Legal basis:
People's Republic of China (PRC) Civil Code
Article 562 The parties may terminate the contract through consultation.
The parties may agree on the reasons for one party to terminate the contract. When the reasons for the termination of the contract arise, the creditor may terminate the contract.
Article 563 The parties may terminate the contract under any of the following circumstances:
(a) the purpose of the contract cannot be achieved due to force majeure;
(two) before the expiration of the time limit for performance, one party clearly indicated or indicated by his own behavior that he would not perform the main debt;
(three) one party delays the performance of the main debt and fails to perform it within a reasonable period after being urged;
(4) One of the parties delays the performance of debts or commits other breach of contract, which makes it impossible to achieve the purpose of the contract;
(5) Other circumstances stipulated by law.
For an indefinite contract whose content is to continue to perform debts, the parties may terminate the contract at any time, but they shall notify the other party before a reasonable time limit.
Article 564 The time limit for exercising the right of revocation shall be prescribed by law or agreed by the parties. If the parties fail to exercise their rights at the expiration of the time limit, the rights shall be extinguished.
If the law does not stipulate or the parties have not agreed on the time limit for exercising the right of revocation, and the holder of the right of revocation knows or should know the reason for revocation and fails to exercise it within one year, or fails to exercise it within a reasonable period after being urged by the other party, the right shall be extinguished.
Article 565 If one party claims to terminate the contract according to law, it shall notify the other party. When the notice reaches the other party, the contract is terminated; If the notice states that the debtor fails to perform the debt within a certain period of time, the contract will be automatically terminated. If the debtor fails to perform the debt within the time limit, the contract will be terminated at the expiration of the time limit specified in the notice. If the other party disagrees with the termination of the contract, it may request a people's court or an arbitration institution to confirm the validity of the termination of the contract.