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English to English translations [PRO]
Law/Patents - Law: Patents, Trademarks, Copyright | | English term or phrase: waiver ... of the breach of any term | No waiver by any party of any condition or of the breach of any term contained in this Agreement, whether by conduct, or otherwise, in any one or more instances, shall be deemed to be, or considered as, a further or continuing waiver of any such condition or of the breach of such term or any other term of this Agreement.
Does 'waiver ... of the breach of any term...' mean the waiver of the obligation of the defaulting party who breached any term... to correct its wrongs or to make compensation? |
| | | A one-time waiver | Explanation:
It means any waiver of condition or breach of the contract that is allowed or agreed to ("let's ignore what just happened") will only be a one-time waiver, i.e., don't let it happen again.
Your definition of "waiver" is correct. However, it's not "waiver of the breach". It's "waiver of the condition", or "breach of the contract".
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Note added at 1 hr (2009-01-23 00:45:07 GMT)
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Edward, apologies. I see now that this was exactly your question -- if 'waiver of the breach' means 'waiver of the obligation'. In a roundabout way, it does. Using Google I see this term "waiver of the breach" shows up in legal writings. I can't imagine a different meaning for 'to waive a breach', i.e. the possible notion that a specific breach can be temporarily redefined as 'not a breach' in that specific instance. |
| Selected response from:
Anton Baer
Slovakia
Local time: 11:24
| Grading comment Thank you very much for your understanding and assistance.
4 KudoZ points were awarded for this answer |
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| Discussion entries: 0 |
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Automatic update in 00:
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7 mins confidence:   peer agreement (net): +1 A one-time waiver
Explanation:
It means any waiver of condition or breach of the contract that is allowed or agreed to ("let's ignore what just happened") will only be a one-time waiver, i.e., don't let it happen again.
Your definition of "waiver" is correct. However, it's not "waiver of the breach". It's "waiver of the condition", or "breach of the contract".
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Note added at 1 hr (2009-01-23 00:45:07 GMT)
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Edward, apologies. I see now that this was exactly your question -- if 'waiver of the breach' means 'waiver of the obligation'. In a roundabout way, it does. Using Google I see this term "waiver of the breach" shows up in legal writings. I can't imagine a different meaning for 'to waive a breach', i.e. the possible notion that a specific breach can be temporarily redefined as 'not a breach' in that specific instance.
| Anton Baer
Slovakia
Local time: 11:24
Native speaker of:  English
PRO pts in category: 4
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| | Grading comment | Thank you very much for your understanding and assistance. |
| Notes to answerer
Asker: Thanks, the phrase "or of the breach of any term" has a "of" before the breach, which means there is an omission of a preceding noun. In this case, waiver is the only possible missing noun.
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1 hr confidence: The statement is contradictory
Explanation:
In the beginning they are saying "NO waiver", and then they say "shall be deemed to be, or considered as, a further or continuing waiver"
I think it should be "Any Waiver" as below
Any waiver by any party of any condition or of the breach of any term contained in this Agreement, whether by conduct, or otherwise, in any one or more instances, shall be deemed to be, or considered as, a further or continuing waiver of any such condition or of the breach of such term or any other term of this Agreement.
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Note added at 1 hr (2009-01-23 00:51:02 GMT)
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I did look at it and as the last part is so specific, and direct, it could have only been the first word which was incorrect.
| Gary D
Local time: 19:24
Native speaker of: English
PRO pts in category: 4
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| Changes made by editors |
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| Jan 29, 2009 - Changes made by Anton Baer: | | Created KOG entry | KudoZ term => KOG term |
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