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资产评估委托合同


Number:ZDXP-2024-


Asset Appraisal Entrustment Contract


Entrusting Party (Party A):


 Address:


Bank:


Account number:


Contact:


Telephone:


Fax:


Zip code:


Trustee (Party B): Shaanxi Zhengdexin Asset Appraisal Co., Ltd


Asset Appraisal Qualification Certificate No.: 61210019


Address: 11th Floor, Shirong Jiaxuan, Fengcheng 5th Road, Weiyang District, Xi'an City


Bank: China Everbright Bank Xi'an Economic and Technological Development Zone Branch


Account number: 78680188000105007


Contact: Li Li


Telephone: 17602973579


Fax: 029-87892236 ext. 8000


E-mail: 1429592631@qq.com


In accordance with the Civil Code of the People's Republic of China and other relevant laws and regulations, Party A hereby entrusts Party B to conduct asset appraisal, and after negotiation between the two parties, the following agreements are reached:


1. The purpose of the assessment;


The purpose of this project assessment is to provide advice to the entrusting party to understand the market value of the land use right under the name of Shaanxi Bluebird Biomass Power Generation Co., Ltd. located in Wu Village, Zhao Town, Liquan County, Xianyang City, Shaanxi Province, after deducting the cost of demolition of buildings (structures), machinery and equipment, and the net cash inflow of the land (land use right) under its name after deducting taxes and fees at the auction after bankruptcy proceedings.


2. Objects and scope of assessment;


The assessee included in this assessment: the land use rights, building (structure), machinery and equipment demolition costs under the name of Shaanxi Bluebird Biomass Power Generation Co., Ltd. located in Wu Village, Zhao Town, Liquan County, Xianyang City, Shaanxi Province, and the net cash inflow of the entrusting party after deducting taxes and fees from the land (land use right) under its name after the bankruptcy procedure.


The specific scope of assessment is the market value of the land use right under the name of Shaanxi Bluebird Biomass Power Generation Co., Ltd., the cost of demolition of buildings (structures), machinery and equipment, and the net cash inflow of the entrusting party after deducting taxes and fees from the land (land use right) under its name after the bankruptcy procedure.


3. Assessment base date;


The base date of this assessment is YYYYYYYYYYYYYYYYYYYYYYYY


Fourth, the scope of use of the assessment report;


(1) Users of asset appraisal reports


The user of the asset appraisal report is: the entrusting party, and the other report users are the relevant parties involved in the appraisal project and other users of the appraisal report stipulated by national laws and regulations.


(2) The client or other user of the asset appraisal report shall use the asset appraisal report in accordance with the provisions of laws, administrative regulations and the purpose and use of the asset appraisal report.


If the client or other user of the asset appraisal report uses the asset appraisal report in violation of the foregoing agreement, the asset appraisal institution and its asset appraisal professionals shall not be liable.


(3) The asset appraisal report shall be used within the validity period of the appraisal conclusions specified.


(4) Without the written permission of the client, the asset appraisal institution and its asset appraisal professionals shall not provide or disclose the content of the asset appraisal report to a third party, except as otherwise provided by laws and administrative regulations.


(5) Without the consent of the asset appraisal agency, the content of the asset appraisal report shall not be excerpted, quoted or disclosed in the public media, except as otherwise agreed by laws, administrative regulations and relevant parties.


5. The deadline and method for submitting the assessment report;


In the case that the information of the entrusting party and the property right holder is complete, the appraisal agency shall issue a report at the agreed time, as follows:


1. The evaluation project team will issue a communication draft within 20 working days after the completion of the on-site work;


2. 15 working days after the entrusting party or the property rights holder (assessee) submits the materials required for the assessment, and issues a draft of communication opinions;


3. After Party A receives the draft communication opinion, after argumentation by both parties, it will issue a formal report within 5 working days without violating the evaluation standards and relevant laws and regulations.


4. The report can be submitted by mail or paper.


6. Assess the total amount of service fees or payment standards, payment time and payment methods;


Combined with the characteristics of the object and scope of this assessment, and considering the complexity of the assessment work, after full negotiation between Party A and Party B, it is agreed that the total fee for this assessment is RMB 436,100.00 (capitalized RMB: 叁拾吁廟一百元).


Payment method: (1) Party A shall pay 4 0% of the contract price to Party B within 5 working days after the contract is signed; (2) Within 2 working days after the issuance of the communication draft, Party A shall pay Party B 40% of the contract price; (3) Within 3 working days before the issuance of the formal assessment report, Party A shall pay 2 0% of the contract price to Party B.


Before Party A pays, Party B shall provide a formal invoice of equal amount.


7. The rights and obligations of the client and the asset appraisal agency;


(1) Party A's rights and obligations


1. Provide Party B with documents and materials related to the assessment on the agreed date, and be responsible for the authenticity, accuracy and legality of the documents and materials provided.


2. Party B's evaluators shall provide transportation, communication, accommodation and necessary office conditions to Party A, and provide assistance.


3. If Party B needs Party A's cooperation in the assessment work, especially when conducting on-site investigation or asset inventory verification work, Party A shall designate the corresponding professional and technical personnel and their relevant personnel to actively cooperate to ensure the smooth progress of the assessment work.


4. Party A shall be responsible for the coordination between the asset appraiser and the relevant parties according to the needs of the appraisal business, and Party A or the property right holder shall sign, seal or confirm the appraisal details and related materials provided.


5. Pay the appraisal service fee in full and in a timely manner according to the provisions of this contract.


6. Party A shall ensure that the asset appraisal report provided by Party B shall only be used in accordance with the appraisal purpose specified in this letter, and shall not be provided to a third party except for the relevant government departments in accordance with the law. The proper use of the assessment report is the responsibility of the client and the parties involved.


7. Party A shall provide legal due diligence documents for all related expenses involved in the bankruptcy liquidation of Shaanxi Bluebird Biomass Power Generation Co., Ltd.


8. When the appraisal business is suspended due to the reasons of the entrusting party, the entrusting party shall pay the corresponding appraisal business fees to the appraisal agency according to the completed workload.


(2) Party B's rights and obligations


1. According to the provisions of the Basic Standards for Asset Valuation, it is the responsibility of the asset appraiser to comply with the relevant laws, regulations and asset appraisal practice standards, and to analyze, estimate and express professional opinions on the value of the appraisal object under the specific purpose of the appraisal base date.


2. Abide by professional ethics and keep the business secrets learned in the process of performing business strictly confidential. Unless otherwise stipulated in the Professional Standards for Asset Appraisers of the China Asset Appraisal Association, or with the consent of Party A, Party B shall not disclose the trade secrets known to Party A and the information provided by Party A and related parties.


3. Party B has the obligation to take the initiative to coordinate with other intermediaries and appoint a legally qualified registered appraiser to undertake the project to ensure the progress and quality of the work; Party A recuses Party B from Party B's assessors who may involve persons who have an interest in Party A.


4. In the process of evaluation, if Party B reworks due to major changes proposed by Party A, the two parties shall separately negotiate additional appraisal service fees and extend the time for issuing asset appraisal reports, and if necessary, they can sign supplementary agreements or sign business contracts.


5. Under the premise that Party A fulfills its responsibilities and obligations, Party B will issue an asset appraisal report at the time agreed by both parties. If Party A fails to provide relevant materials within the specified time, Party B has the right to extend the time for delivering the report accordingly.


8. Liability for breach of contract and dispute resolution;


1. Both parties shall bear the liability for breach of contract in accordance with the provisions of the Contract Law of the People's Republic of China; If either party breaches the contract, in addition to paying liquidated damages to the non-breaching party, it shall also pay the attorney's fees, appraisal fees and other expenses incurred due to the protection of rights;


2. If both parties are unable to perform the business contract due to force majeure, they shall be exempted from liability in part or in whole according to the impact of force majeure, unless otherwise provided by law;


3. All disputes arising from the performance of this agreement shall be properly resolved by both parties in accordance with the principle of friendly consultation. If the parties fail to resolve the dispute through negotiation, either party shall have the right to apply to the Xi'an Arbitration Commission for an arbitration award in accordance with the arbitration rules of the Commission.


9. Suspension of performance and termination of business contracts


1. Due to unforeseen circumstances that may affect the scheduled completion of the agreed business, or it is necessary to issue a report in advance, Party A and Party B may request to change the agreed matters or terminate the agreement, but they shall notify the other party in time and the two parties shall resolve it through negotiation.


2. After the signing of this contract, if there is a change in the purpose of the assessment, the assessment object, the assessment base date, or a major change in the scope of the assessment, Party A and Party B shall sign a supplementary agreement or re-sign the business contract as appropriate.


3. After the signing of this contract, if the parties find that the relevant matters are not clear, or the performance of the evaluation procedure is restricted and the agreed matters need to be added or adjusted, they may negotiate to change the relevant terms of the contract, and sign a supplementary agreement or re-sign the business contract.


4. After the signing of this contract, when the agreement is terminated due to Party A's reasons during the execution of the task, the advance payment shall be offset as compensation for Party B's losses and the advance payment is less than the amount of work that Party B has completed, and Party A shall make up Party B's expenses; For the workload that has been completed, Party A shall pay all the fees according to the contract, and Party B shall be deemed to have completed the entire workload after completing the communication draft. When the agreement is terminated due to Party B's reasons, Party B will return the remaining advance payment.


10. Service of Notice


After 3 days after the relevant documents of signing, performing and terminating this contract and the relevant legal documents served by the court or arbitration commission are sent to the contact address or email address or email address retained in this contract, Party A and Party B shall be deemed to have been effectively served, regardless of whether the other party signs for receipt, refuses to accept it, finds no such person, or returns the letter. Either party shall notify the other party in writing of any change in the address for service, otherwise it shall bear the legal consequences of not being able to serve.


11. The effective time of the asset appraisal contract


This contract shall be executed in duplicate , two copies of Party A and two copies of Party B, and shall have the same legal effect. This contract shall come into force on the date of signing.


12. Place of Signing


The signing place is Xi'an, Shaanxi.


Party A (official seal or contract seal): Party B (official seal or contract seal):


Legal Representative or Authorized Person: Legal Representative or Authorized Person:


Time: Year, Month, Day, Time: Year, Month