Aug 16, 2000 14:35
24 yrs ago
56 viewers *
German term
Dies vorausgeschickt vereinbaren die Parteien folgendes:
German to English
Law/Patents
Law: Contract(s)
I am looking for an eloquent way to express the "dies vorausgeschickt" that comes at the end of a preamble to an agreement.
Proposed translations
(English)
0 | See below |
Anthony Frey
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0 | Having said this |
Dr. Sahib Bleher
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0 | confirmation for the first two answers |
Dan McCrosky (X)
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0 | See below |
Anthony Frey
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Change log
Mar 16, 2010 10:32: Steffen Walter changed "Field (specific)" from "(none)" to "Law: Contract(s)"
Proposed translations
10 mins
Selected
See below
This really depends on your translation of the preamble. If you have used: Witnessth and whereas, then the final sentence is usually "NOW, THEREFORE the parties agree as follows:" For example:
WITNESSETH:
WHEREAS, ABC has entered into negotiations with Mr. YYY, who is the
registered owner of certain filed applications for patents and know-how relating to XXX;
WHEREAS, Mr. YYY has assigned ABC the rights for the production, marketing, use and distribution of the aforesaid patents and patent rights;
WHEREAS, ABC EUROPE GmbH is the licensee of XXX Technology for the licence area of Europe, Turkey and the former Soviet Union;
WHEREAS, ABC EUROPE GmbH has the exclusive rights for sale, production and further development of XXX in the licence area;
WHEREAS, ABC EUROPE GmbH has the option for all further developments and applications of XXX Technology;
WHEREAS, Interested Party is interested in getting closely acquainted with XXX Technology and in scrutinizing the marketing and production potentials of XXX technology.
WHEREAS, Interested Party undertakes the commitment not to infringe on ABC’s patent rights and/or patent applications—nor to challenge ABC’s applications for patents and/or patents; nor to institute nullity action against these patents and/or patent applications, either directly or through third parties, never to copy or produce the XXX, the XXX System and/or similar procedures based on them without a licence agreement or without obtaining permission in writing by ABC.
NOW, THEREFORE, in consideration of the premises and of the mutual covenants herein contained the parties hereto agree as follows:
Good luck!!!
WITNESSETH:
WHEREAS, ABC has entered into negotiations with Mr. YYY, who is the
registered owner of certain filed applications for patents and know-how relating to XXX;
WHEREAS, Mr. YYY has assigned ABC the rights for the production, marketing, use and distribution of the aforesaid patents and patent rights;
WHEREAS, ABC EUROPE GmbH is the licensee of XXX Technology for the licence area of Europe, Turkey and the former Soviet Union;
WHEREAS, ABC EUROPE GmbH has the exclusive rights for sale, production and further development of XXX in the licence area;
WHEREAS, ABC EUROPE GmbH has the option for all further developments and applications of XXX Technology;
WHEREAS, Interested Party is interested in getting closely acquainted with XXX Technology and in scrutinizing the marketing and production potentials of XXX technology.
WHEREAS, Interested Party undertakes the commitment not to infringe on ABC’s patent rights and/or patent applications—nor to challenge ABC’s applications for patents and/or patents; nor to institute nullity action against these patents and/or patent applications, either directly or through third parties, never to copy or produce the XXX, the XXX System and/or similar procedures based on them without a licence agreement or without obtaining permission in writing by ABC.
NOW, THEREFORE, in consideration of the premises and of the mutual covenants herein contained the parties hereto agree as follows:
Good luck!!!
4 KudoZ points awarded for this answer.
Comment: "Thank you to all who responded. Your answers (and added comments) were very helpful. I have seen the word "Preamble" used in contracts published on the web, but that certainly doesn't mean that the usage is standard. Thanks again!"
8 mins
Having said this
Having said this the parties agree as follows.
Reference:
9 hrs
confirmation for the first two answers
Here are other good examples of Leipzig's format:
http://gcc.ca/Political-Issues/jbnqa/complementary_agreement...
http://www.sec.gov/Archives/edgar/data/1022581/0001022581-97...
If, for some reason, this format is not to be used, the following alternatives to Bleher's suggestion might also be possible:
"…having accepted/read/cognizance of/understood/knowledge of/stated/said the foregoing, the parties do hereby agree to the following…"
- HTH - Dan
http://gcc.ca/Political-Issues/jbnqa/complementary_agreement...
http://www.sec.gov/Archives/edgar/data/1022581/0001022581-97...
If, for some reason, this format is not to be used, the following alternatives to Bleher's suggestion might also be possible:
"…having accepted/read/cognizance of/understood/knowledge of/stated/said the foregoing, the parties do hereby agree to the following…"
- HTH - Dan
16 hrs
See below
Cami, I am sure this is something you are aware of, but to be certain: Praeambel, as in German, is rarely rendered as Preamble in English contracts. I cannot however say with 100% certainty "never". I have a CD ROM collection of sample agreements, which offer various solutions for this paragraph, i.e. the one I mentioned and that of Bleher and Dan. Normally, you can use the "Witnessth", which represents a very formal structure. Another possibility is "Recitals" as section title in combination with the various passages (without "whereas") and with the closing sentence "Now Therefore" or the suggestions made by Bleher and Dan. Hope this helps!
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