GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW) | ||||||
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14:02 Apr 23, 2015 |
English to French translations [PRO] Law/Patents - Law: Contract(s) | |||||||
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| Selected response from: Daryo United Kingdom Local time: 13:03 | ||||||
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Summary of answers provided | ||||
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5 | passer la main au VENDEUR pour assurer la défense |
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3 +1 | propose son moyen de défense |
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Discussion entries: 2 | |
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propose son moyen de défense Explanation: , |
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tenders defense [of the case] to SELLER. passer la main au VENDEUR pour assurer la défense Explanation: SELLER agrees to defend at its expense and pay costs and damages awarded in any suit brought against BUYER for infringement of any United States patent by such Product in the form, state and condition as sold by SELLER, if BUYER promptly notifies SELLER of the commencement of any suit and tenders defense thereof to SELLER. the meaning of the whole clause: if the BUYER ends up in legal troubles in a US court in relation to goods or services sold by the SELLER, the SELLER agrees to defend at its expense and pay costs and damages awarded but ONLY under the condition that the SELLER himself defends the case IOW as the SELLER is the one who will ultimately have to pay all costs and awarded damages (if any), the SELLER wants to be the one to defend the case, i.e. the SELLER doesn't want to end up having to pay costs and damages because the BUYER couldn't be bothered to defend properly the case [as it's not BUYER's money that is at stake] in plain speak: as soon as the BUYER has been sued, the BUYER must hand over the conduct of the case to the SELLER, otherwise the BUYER is on its own - will have to pay costs and possible damages himself. here "to tender" has the same meaning as in "to tender some money to s.o." i.e. to hand it to s.o. CL5 about the meaning - OTOH there might be some more elegant formulation |
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