English translation: the party to be burdened (further)
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07:46 Jan 14, 2011
English to English translations [PRO] Bus/Financial - Law: Contract(s)
English term or phrase:the party to be charged
Agreement
Agreement made on 01.01.2011 between A, a limited liability company organized under the laws of the State of New York, hereinafter referred to as A, as agent for Mr X (collectively, the "Author") (hereinafter referred to as the Licensee) and Mr Y, hereinafter referred to as the Translator.
This Agreement may be modified only in writing signed by the party to be charged.
Whereas, the Authors have authorised A to license, produce and present a play X, hereinafter referred to as Play, into the Polish language, in a translation prepared by the Translator.
Now therefore, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowleged, it is mutually agreed as follows:
1. The translator agrees to translate the Play in the aforementioned language.
10. The translator may not assign, or delegate any obligation under this Agreement. This Agreement may by modified only in a writing signed by the party to be charged
Who is obliged to sign the modified Agreement?
The party which introduces the changes or the other one ?
Explanation: Once an agreement has been made, the rights and obligations of the parties thereto are all fixed. And if one party wants to amend or modify the agreement and add more duties, responsibilities or obligations to the other party, then he has to acquire the other party's consent in writing (i.e., ...only in writing signed by the party to be charged), otherwise such amendment or modification would not be effective.
Charge means: to impose a duty, responsibility, or obligation on, considering the current agreement here, charge can be understood as: to impose more duties, responsibilities or obligations on top of those agreed upon.
This really is a request for legal advice and not a translation forum question at all
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Answers
4 hrs confidence: peer agreement (net): -1
the other one
Explanation: Hopefully, the following links, each using slightly different wording, should clarify things.
This Agreement may be modified or amended only by a writing signed by the Party to be charged with said modification or amendment. http://www.9timezones.com/ia/scrcoll.htm
No modification or amendment of this Agreement shall be enforceable against a party unless in writing and signed by the party against whom such modification or amendment is sought to be enforced. http://www.essortment.com/disclaimer.htm
This agreement shall not be changed, modified or discharged in whole or in part, except by an instrument in writing signed by the party
against whom such change or modification is to be enforced. http://www.capinvestco.com/pdffiles/CounselContract.PDF
No change or modification of the terms or provisions of this Agreement shall be binding on a party hereto unless such change or modification is in writing and signed by an authorized official of the party against which such change or modification is to be imposed. http://ci.owatonna.mn.us/wp-content/uploads/2010/10/AP-2010-...
I don't believe it matters which party proposed the changes and certainly neither of the two parties is obliged to sign the modified Agreement.
But once a party signs the modified Agreement, that party is bound by its terms.
Sec. S86. " By The Party To Be Charged."
But it is well settled in most jurisdictions that the words in question (i.e. " by the party to be charged") mean "sought to be charged in the action," and, therefore, that the memorandum need be signed only by the defendant, and must be signed by him without regard to which part of the contract he is to perform.
-------------------------------------------------- Note added at 11 hrs (2011-01-14 18:56:09 GMT) --------------------------------------------------
4.2.4 'In writing, and signed by the party to be charged, or by some person by the party lawfully authorised'
It is the party to be charged who must have signed personally or by agent...If the buyer wishes to enforce the contract, the seller will be the party to be charged. If the seller wishes to enforce the contract, the buyer will be the party to be charged.
MCristy Romania Local time: 04:14 Works in field Native speaker of: Romanian
19 hrs confidence: peer agreement (net): +1
the party to be burdened (further)
Explanation: Once an agreement has been made, the rights and obligations of the parties thereto are all fixed. And if one party wants to amend or modify the agreement and add more duties, responsibilities or obligations to the other party, then he has to acquire the other party's consent in writing (i.e., ...only in writing signed by the party to be charged), otherwise such amendment or modification would not be effective.
Charge means: to impose a duty, responsibility, or obligation on, considering the current agreement here, charge can be understood as: to impose more duties, responsibilities or obligations on top of those agreed upon.
orientalhorizon Local time: 09:14 Specializes in field Native speaker of: Chinese PRO pts in category: 12
The translation workplace 
