Jul 19, 2012 05:40
12 yrs ago
1 viewer *
French term

Franchise (+ rest of phrase)

French to English Law/Patents Law: Contract(s)
This is part of a large legal document relating to a property lease (I'm only doing part of it so can't be more specific)

Just need help with the section in asterisks. I'm not sure of the best way to translate "franchise" here, nor how to translate and incorporate that phrase into the rest of the sentence. Any help would be much appreciated!

Toute différence avec la surface mentionnée aux présentes et les dimensions réelles des Locaux Loués de 3% en plus ou en moins, justifiera une réduction ou une augmentation du loyer au prorata des surfaces **en plus ou en moins au-delà des 3% de franchise** selon les modalités visées à l’article 28 ci-après.

Proposed translations

+2
46 mins
Selected

allowance

It has nothing to do with insurance, the franchise is the 3% slippage referred to in the beginning of the sentence. The rent only changes when there is a difference greater than 3% in either direction. Check your Article 28. My translation:

Any difference between the surface area cited in this agreement and the actual dimensions of the Leased Premises that is greater than or less than 3% shall justify a reduction or increase of the rent pro rata according to the surface area that is ***greater than or less than the 3% allowance***, according to the terms set out in Article 28 below.
Peer comment(s):

agree John ANTHONY
2 hrs
agree cc in nyc
22 hrs
Something went wrong...
4 KudoZ points awarded for this answer. Comment: "Thank you so much for your help, Mark!"
-3
5 mins

Deductible

Franchise' a 'deductible', which refers to a default amount you would pay when making an insurance claim. So you could say 'without deductible' or 'deductible does not apply.'
Peer comment(s):

neutral mchd : cela ne correspond pas au contexte, il est question ici d'un bail de location
33 mins
disagree Gurudutt Kamath : Not sure why you bring in insurance? Deductible, anyway, does not fit in the context.
33 mins
Then what will you suggest ???
disagree John ANTHONY : In UK English, what you refer to is the "excess". However, this is not the context - the question is about a lease or rental agreement...
2 hrs
disagree cc in nyc : Not about insurance; not about a deductible
23 hrs
Something went wrong...
-1
52 mins

franchise (see complete translation)

"will justify a reduction or an increase in rent prorated to the surface area (sq. ft.) when exceeding more or less than 3% of the cost of the franchise according to. . ."

franchise = L'objet du contrat de franchisage (l'ensemble des prestations fournies au franchisé par le franchiseur); par extension, le contrat lui-même.
Peer comment(s):

neutral John ANTHONY : This does not seem to have anything to do with a franchise agreement...
1 hr
disagree cc in nyc : Not in this context
22 hrs
Something went wrong...
+2
45 mins

exemption, grace, allowance

As I understand it, it is saying (my rough translation) that when there is a difference of + - 3% in the mentioned area versus the actual area, there will be a prorata increase or decrease in the rent if the difference is beyond the exemption (grace, allowance) of 3%. A variation between real and actual area can be upto 3%. If it is beyond, a prorata increase/decrease will be applicable. (GDT/Harrap's/Google give examples of exemption in a different sense, but not in this sense.)

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Note added at 1 hr (2012-07-19 07:09:43 GMT)
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variation, margin of error can also bring out the meaning. Allowance gives it a different flavour/meaning all together -- hence I used it last.
Peer comment(s):

agree John ANTHONY
2 hrs
agree cc in nyc
22 hrs
Something went wrong...
3 hrs

disregard /disregarding

Standard term for something not taken into account in such a calculation. You can either use the noun or turn it round to express it as, e.g. "disregarding the initial 3%".

www.rics.org/site/scripts/documents_info.aspx?documentID=13...
by T Norton - 2010
"Royal Institution of Chartered SurveyorsStarting points - Rent reviews and Starting ... and disregards to be made when valuing the premises for the purpose of rent ... is the most common method of calculating a rent review but there are"

"The rentable area of a building refers to the total portion of the floor owned by the tenant. It is measured from the inner finished surface of the outer walls of the building, disregarding any corridor walls or structures within the given area. It is possible, however, to convert rentable area to usable area and vice versa using the common area factor ..."
http://www.ehow.com/info_8047181_standard-floor-area-office-...
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