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waiver ... of the breach of any term

English translation: A one-time waiver

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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
English term or phrase:waiver ... of the breach of any term
English translation:A one-time waiver
Entered by: Anton Baer
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23:30 Jan 22, 2009
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?
Edward LIU
Local time: 09:23
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: 15:23
Grading comment
Thank you very much for your understanding and assistance.
4 KudoZ points were awarded for this answer



Summary of answers provided
4 +1A one-time waiver
Anton Baer
4The statement is contradictory
Gary D


  

Answers


7 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 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: 15:23
Native speaker of: Native in EnglishEnglish
PRO pts in category: 4
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.


Peer comments on this answer (and responses from the answerer)
agree  Derek Gill Franßen: I agree with your understanding and pity the poster; the original sentence is horrible.
33 mins
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1 hr   confidence: Answerer confidence 4/5Answerer confidence 4/5
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: 00:23
Native speaker of: Native in EnglishEnglish
PRO pts in category: 4

Peer comments on this answer (and responses from the answerer)
neutral  Derek Gill Franßen: I think that is exactly what they are trying to exclude, but I may be mistaken.
5 mins
  -> thank you
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Changes made by editors
Jan 29, 2009 - Changes made by Anton Baer:
Created KOG entryKudoZ term » KOG term


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