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<PAGE>
Exhibit 10.6
CONTRACT
For
Applied Films TSIP
Facility Phase-I
Between
Applied Films
Taiwan Co., Ltd.
And
Wide Bond
Construction Co., Ltd.
<PAGE>
CONTRACT AGREEMENT
for
TURN-KEY BUILDING PROJECT
This Agreement made the 30th day of August 2005
between Applied Films Taiwan Co., Ltd.
1F, Building A, No. 3 Nan-Ko
Rd. 7
Science Based Industrial Park
Tainan, Taiwan, 741, R.O.C.
(hereinafter called "the
Employer") of the one part,
and Wide Bond Construction Co.,
Ltd.
of 9F, No. 35 Kuang Fu North
Road
Talpei, Taiwan, R.O.C.
(hereinafter called "the
Contractor") of the other part
Whereas
(A) the Employer requests that the Works
known as - AF TSIP Facility - shall be
executed by and through the
Contractor as a turn-key project. The Employer
has accepted a tender made by the
Contractor for the design, execution and
completion of the Works and the
remedying of any defects therein
(hereinafter called "the
Project").
(B) the Contractor is a construction
company with the capability, experience
and resources to execute and
complete the Project in accordance with this
Contract.
(C) the Employer is a registered company
at the Tainan Science Based Industrial
Park and has an approved land lease
application (Dali 1st Rd, land 11-3)
available and which will be the
construction site.
The Employer and the Contractor agree as follows:
1.
Definitions
In this Agreement words and
expressions shall have the same meanings
as respectively assigned to
them in the General Conditions contained
in the FIDIC Silver Book
Conditions of Contract hereinafter referred
to as amended in the Particular
Conditions.
Page 1/5
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2.
Contract Documents
The Contract between the
Employer and the Contractor shall be deemed
to comprise the following
documents and such documents shall in
interpreted and take effect
between the parties, and any
inconsistencies shall be
resolved, in the following order of priority
and application:
(a) The memoranda annexed hereto (which includes
a breakdown of the
Contract Price);
(b) The Particular Conditions of Contract annexed
hereto;
(c) The General Conditions of Contract annexed
hereto;
(d) The Employer's Requirements (Rev. B dated
July, 30th 2005);
(e) The Contractor's Tender (dated August, 3rd
2005); and
(f) The Minutes of Meeting from July, 28th 2005
(dated August, 1st
2005).
(g) The Minutes of Meeting from August, 15th to
19th 2005 (dated
August, 19th 2005).
3.
Contract Scope
The Project is planned as a
turn-key project based on the FIDIC Silver
Book for EPC/Turnkey Projects
(First Edition 1999-ISBN 2-88432-021-0,
English language) and shall
provide the Employer with a fully
completed and operational
manufacturing facility. The Project
includes the production
building (goods receiving, stock, disposition
area, assembly hall, packaging
and shipping), office building,
gas/dangerous goods stock, one
level parking place and all necessary
equipment and utilities to
operate the building.
4.<






