教你五十招写好合同英文版（三）

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　　Appendix A (Basic Form of Contract)
        　　CONTRACT
        　　AGREEMENT made this _______ day of ____________, 20_____, between
______________________, hereinafter called "_______________", and
______________________, hereinafter called "_____________".
        　　WHEREAS, ________________;
        　　WHEREAS, ________________; and
        　　WHEREAS, ________________;
        　　NOW THEREFORE, in consideration of their mutual promises made herein, and
for other good and valuable consideration, receipt of which is hereby
acknowledged by each party, the parties, intending to be legally bound, hereby
agree as follows:
        　　1. Recitals. The parties agree that the foregoing recitals are true and
correct and incorporated herein by this reference.
        　　2. __________________.
        　　___. Miscellaneous. Time is of the essence of this agreement. This
agreement is made in the State of Florida and shall be governed by Florida law.
This is the entire agreement between the parties and may not be modified or
amended except by a written document signed by the party against whom
enforcement is sought. This agreement may be signed in more than one
counterpart, in which case each counterpart shall constitute an original of this
agreement. Paragraph headings are for convenience only and are not intended to
expand or restrict the scope or substance of the provisions of this agreement.
Wherever used herein, the singular shall include the plural, the plural shall
include the singular, and pronouns shall be read as masculine, feminine or
neuter as the context requires. The prevailing party in any litigation,
arbitration or mediation relating to this agreement shall be entitled to recover
its reasonable attorneys fees from the other party for all matters, including
but not limited to appeals. Pinellas County, Florida, shall be proper venue for
any litigation involving this agreement. This agreement may not be assigned or
delegated by either party without the prior written consent of the other
party.
        　　IN WITNESS WHEREOF, the parties have signed this agreement as of the day
and year first above written.
        　　____________________________ ________________________(Seal)
        　　____________________________
        　　Witnesses
        　　____________________________ ________________________(Seal)
        　　____________________________
        　　Witnesses
        　　Appendix B (Basic Form of Notary Acknowledgement)
        　　STATE OF FLORIDA
        　　COUNTY OF ____________
        　　The foregoing instrument was acknowledged before me this _____ day of
__________________, 20____, by _________.
        　　Notary Public-State of Florida:
        　　sign_________________________________
        　　print________________________________
        　　Personally Known _____; OR Produced Identification ______
        　　Type of Identification Produced: ____________________________
        　　Affix Seal Below:
        　　Appendix C (Sample Letter of Intent Form)
        　　LETTER OF INTENT FOR POSSIBLE
        　　CONTRACT FOR SALE OF ASSETS
        　　Possible Seller: _____________________________
        　　Possible Buyer: _____________________________
        　　Business: _____________________________
        　　Date: ______________, 20_____
        　　This is a non-binding letter of intent that contains provisions that are
being discussed for a possible sale of the Business named above from the
possible Seller named above to the possible Buyer named above. This is not a
contract. This is not a legally binding agreement. This is merely an outline of
possible contract terms for discussion purposes only. This is being signed in
order to enable the Possible Buyer to apply for financing of the purchase price.
This letter of intent is confidential and shall not be disclosed to anyone other
than the parties and their employees, attorneys and accountants and the possible
lenders of the Possible Buyer. The terms of the transaction being discussed are
attached hereto, but the terms (and the possible sale itself) are not binding
unless and until they are set forth in a written contract signed by Possible
Seller and Possible Buyer. The word "shall" is used in the attached terms only
as an example of how a contract might read, and it does not mean that the
attached terms are or ever will be legally binding.
            
            

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        　　____________________________ ________________________
        　　____________________________
        　　Witnesses
        　　____________________________ ________________________
        　　____________________________
        　　Witnesses
        　　Appendix D (Sample Hourly Attorney's Fee Agreement for Probate)
        　　IN THE CIRCUIT COURT FOR ______________ COUNTY, FLORIDA
        　　PROBATE DIVISION
        　　FILE NUMBER _________
        　　IN RE: ESTATE OF
        　　______________________,
        　　DECEASED.
        　　______________________________________
        　　ATTORNEY'S HOURLY FEE AGREEMENT
        　　AGREEMENT made between the following persons:
        　　Personal Representative: _____________________________
        　　Attorney: _____________________________
        　　Residuary Beneficiaries: _____________________________
        　　Whereas, Attorney is about to undertake the performance of substantial
legal services on behalf of the Personal Representative, for which Attorney
shall be paid fees and costs, and the Florida Bar's Rules of Professional
Conduct encourage attorneys and clients to enter into fee agreements at the
commencement of representation in order to avoid the possibility of
misunderstandings, and the Florida Probate Code requires that attorney fee
agreements be signed by the Personal Representative and by the persons bearing
the impact of the fees;
        　　Now therefore, in consideration of their mutual promises stated herein, the
parties hereby agree that:
        　　1. Hourly Rates. The Personal Representative has retained Attorney to
provide legal services to the Personal Representative for administration of the
above probate estate in Florida at hourly rates of $_____ for attorney time and
$_____ for paralegal time for all matters handled, including but not limited to
ordinary services and extraordinary services.
        　　2. Limitation on Fees. Notwithstanding the foregoing, Attorney agrees not
to bill fees for ordinary services of Attorney that would exceed the percentage
fees provided for in Florida Statutes Section 733.6171.
        　　3. Monthly Bills. Fees shall be billed by Attorney and paid by the Personal
Representative out of the assets of the Estate on a monthly basis. Costs
incurred for copies, postage, long distance, fax, FedEx, filing fees, and other
items shall also be billed and paid at least monthly.
        　　4. No Statutory Percentage Fees. The parties agree that the provisions of
this Fee Agreement replace the provisions of the applicable statutes and case
law and that Attorney will not charge fees based upon a percentage of the assets
or income of the probate estate. (Florida Statutes Section 733.6171 provides
that the following is presumed to be reasonable compensation for ordinary
services by the attorney for the Personal Representative: $1,500 for the first
$40,000 plus $750 for the next $30,000 plus $750 for the next $30,000 plus 3% of
the rest of the inventory value and income of the probate estate for ordinary
services. The statute also provides that the attorney, personal representative
and persons bearing the impact of the compensation may agree to compensation
determined in a different manner. The statute also provides that attorneys are
entitled to additional compensation for extraordinary services, such as real
estate, adversary proceedings, homestead, tax matters, business, etc.)
        　　5. Fee Proceedings. If the matter of fees and costs is submitted to the
Court for review or determination at any time, fees and costs shall be billed by
and paid to Attorney for such fee proceeding on the same basis as other fees
under this Agreement; i.e., billed and paid at least monthly. In addition,
attorneys testifying as expert witnesses on the matter of fees shall be entitled
to fees at their usual hourly rates, which shall be paid out of the estate.
        　　6. Joint Representation. The parties agree that Attorney represents
________________ in his or her capacity as Personal Representative of the Estate
and also in his or her capacity as Successor Trustee of THE ______________
TRUST. The parties understand the potential conflict of interest arising from
representation of multiple parties in multiple roles. They understand that if a
conflict should ever develop between the multiple clients concerning the Estate
or Trust, then Attorney would not be able to represent either of the clients in
that conflict. The Personal Representative, Trustee and residuary beneficiaries
are encouraged to engage his or her own separate lawyer before signing this
agreement if they desire legal advice concerning this Fee Agreement or
concerning any other aspect of the probate estate or Trust.
        　　Under penalties of perjury, we declare that we have read the foregoing, and
the facts alleged are true, to the best of our knowledge and belief.
        　　Attorney:
        　　______________________________
        　　Date:_________, 20____
        　　Personal Representative:
        　　______________________________
        　　Date:_________, 20____
        　　Residuary Beneficiary:
        　　______________________________
        　　Date:__________, 20____
        (兼职编辑：段保净）