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etwas mit etwas vereinbaren

English translation: this entitlement shall be reconciled

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13:53 Sep 13, 2007
German to English translations [PRO]
Law/Patents - Law: Contract(s) / Clause on contract termination
German term or phrase: etwas mit etwas vereinbaren
If I understand the grammar of this third sentence correctly (from a contract drawn up by a firm of experts who assess damage in the case of motor vehicle accidents), the verbal expression is “etwas mit etwas vereinbaren” = “to reconcile something with something”, and I presume that “dieser” refers back to the “Auftraggeber”. The whole idea is rather complex – have I understood the meaning correctly in the last sentence?

„Wird der Vertrag aus einem wichtigen Grund gekündigt, den der Sachverständige zu vertreten hat, so steht ihm eine Vergütung für die bis zum Zeitpunkt der Kündigung erbrachten Leistungen zu. In allen anderen Fällen behält der Sachverständige den Anspruch auf das vertraglich vereinbarte Honorar, jedoch unter Abzug ersparter Aufwendungen. Sofern der AG im Einzelfall keinen höheren Anteil an ersparten Aufwendungen nachweist, wird dieser mit 40% des Honorars für die vom Sachverständigen noch nicht erbrachten Leistungen vereinbart.“

“Should the contract be terminated on serious grounds for which the Expert is responsible, he shall be entitled to a fee for services provided prior to the termination of the contract. In all other cases, the Expert shall retain his entitlement to such fee as provided in the contract, less any expenses saved. Unless, in a given case, the Principal is able to demonstrate that a larger amount of expenses has been saved, he shall be reconciled with 40% of the fee for services not yet provided by the Expert.”

Thanks so much for any help!
Alan Campbell
Local time: 05:09
English translation:this entitlement shall be reconciled
Explanation:
I believe the antecdent for "dieser" is the "Anspruch."
The claim or entitlement will be reconciled at . . .
I don't really like reconcile for this context, but I need to think.

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Note added at 46 mins (2007-09-13 14:39:55 GMT)
--------------------------------------------------

This claim shall be stipulated to be . . .
This claim shall be in the amount of . ..
Unless, in a given case, the Principal is able to demonstrate that a larger amount of expenses has been saved, the (or: this) claim shall be in the amount of 40% of the fee for services not yet provided by the Expert.”


--------------------------------------------------
Note added at 48 mins (2007-09-13 14:42:00 GMT)
--------------------------------------------------

Or: . . . has been saved, the Expert shall be entitled to receive 40 % of the fee for services . . .
Selected response from:

Dr. Fred Thomson
United States
Local time: 22:09
Grading comment
Thanks so much for all your help - you obviously put a lot of thought into it and I found your answer extremely helpful. I actually went for "This claim shall be in the amount of" in the end, as it just seemed the best way of wording it in the context. Thanks again!
4 KudoZ points were awarded for this answer

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Summary of answers provided
4 +1this is agreed to be 40% of etctransatgees
3 +1this entitlement shall be reconciled
Dr. Fred Thomson
4assumed to beAndras Malatinszky


Discussion entries: 1





  

Answers


24 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
this is agreed to be 40% of etc


Explanation:
This should do it!

transatgees
United Kingdom
Local time: 05:09
Specializes in field
Native speaker of: English
PRO pts in category: 102
Notes to answerer
Asker: Great - thank you. Yes, this is close to what I ended up putting (see Dr. Fred's answer below), so thanks very much for putting me straight!


Peer comments on this answer (and responses from the answerer)
agree  TonyTK
18 hrs
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30 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
assumed to be


Explanation:
Unless the Principal is able to demonstrate that a larger amount of expenses has been saved, it shall be assumed to be 40% of the fee for services not yet provided by the Expert.

I think "dieser" refers back to "Anteil" in the first part of the sentence.

Also, consider using the phrase "terminated for cause" as a translation for "aus einem wichtigen Grund gekündigt" in the first sentence.

Andras Malatinszky
Local time: 00:09
Native speaker of: Native in HungarianHungarian
PRO pts in category: 11
Notes to answerer
Asker: Thanks for your suggestions - much appreciated. Although I do agree with Dr. Fred that the "dieser" refers back to the "Anspruch" in the previous sentence - it seems to make more sense!

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41 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +1
this entitlement shall be reconciled


Explanation:
I believe the antecdent for "dieser" is the "Anspruch."
The claim or entitlement will be reconciled at . . .
I don't really like reconcile for this context, but I need to think.

--------------------------------------------------
Note added at 46 mins (2007-09-13 14:39:55 GMT)
--------------------------------------------------

This claim shall be stipulated to be . . .
This claim shall be in the amount of . ..
Unless, in a given case, the Principal is able to demonstrate that a larger amount of expenses has been saved, the (or: this) claim shall be in the amount of 40% of the fee for services not yet provided by the Expert.”


--------------------------------------------------
Note added at 48 mins (2007-09-13 14:42:00 GMT)
--------------------------------------------------

Or: . . . has been saved, the Expert shall be entitled to receive 40 % of the fee for services . . .

Dr. Fred Thomson
United States
Local time: 22:09
Specializes in field
Native speaker of: English
PRO pts in category: 463
Grading comment
Thanks so much for all your help - you obviously put a lot of thought into it and I found your answer extremely helpful. I actually went for "This claim shall be in the amount of" in the end, as it just seemed the best way of wording it in the context. Thanks again!

Peer comments on this answer (and responses from the answerer)
agree  Camilla Seifert: Reconcile is also my first choice.
13 hrs
  -> Thanks, Camilla
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