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zu erwerben böswilllig unterlasst

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15:13 Jun 29, 2003
German to English translations [PRO]
Law/Patents / Director Contract
German term or phrase: zu erwerben böswilllig unterlasst
Last one from an employment contract for a director. Appears in the ban on competition section. Maybe because it's Sunday and the sun is shining outside while I'm sat at my desk working but this sentence (paragraph!) has got me tied in knots and I can't seem to make sense of it. In particular the part between ** **.

"Für jedes Jahr der Dauer des Wettbewerbverbotes nach Ablauf des Vertrages, verpflichtet sich die Gesellschaft, Herr XX die Hälfte der von ihm bezogenen Jahresvergütung gemäss Art. 5 zu zahlen. Herr XX muss sich auf die fällige Entschädigung anrechnen lassen, was er während des Zeitraumes, für den die Entschädigung gezahlt wird, durch anderweitige Verwertung seiner Arbeitskraft erwirbt oder **zu erwerben böswillig unterlasst**, soweit die Entschädigung unter Hinzurechnung dieses Betrages den Betrag der zuletzt von ihm bezogenen vertragmässigen Leistungen gem. Art. 5 um mehr als 1/10 übersteigen würde."

Phew! I must have misunderstood something because I can't see why they would want to offset income Mr XX had "willfully refrained from earning". Help??
Fiona Busfield
United Kingdom

Summary of answers provided
5let me try to explain,
LegalTrans D
4 +1failed to earn through negligent (or culpable) omission to seek employment
William Stein
4earns or in bad faith fails to earn
Maureen Holm, J.D., LL.M.



9 mins   confidence: Answerer confidence 5/5
let me try to explain,

Fiona...the whole thing is about the periode AFTER termination of the contract

The company will pay him a compensation, which will be offset by earnings from other activities - or by earnings he would have received, had he not wilfully refrained from earning something, i.o.w. had he not said to himself "The company will pay my compensation, anyway, why should I take up some other work?"

I hope this will point you in the right direction.

Note added at 2003-06-29 15:30:24 (GMT)

Since this is a non-competition clause, it might not be easy for the director to land a job after his contract runs out or is terminated. This is why he gets a compensation for the compensation period, but with many ifs and buts - the company wants him to get back into some kind of work asap so they won\'t have the pay the whole compensation. This is why they are anxious that he should take up work if it is offered to him. If he refuses to take up work on purpose (because he thinks he gets the compensation, anyway), they are absolved, if.....and so on.

LegalTrans D
Native speaker of: Native in GermanGerman
PRO pts in pair: 551
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14 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
failed to earn through negligent (or culpable) omission to seek employment

I agree without Volkmar about the meaning, but that's how I'd phrase it in English

William Stein
Costa Rica
Local time: 03:19
Native speaker of: Native in EnglishEnglish
PRO pts in pair: 1734

Peer comments on this answer (and responses from the answerer)
agree  LegalTrans D: That's the stuff!
2 mins
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2 days 13 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
earns or in bad faith fails to earn

the essence, simple and direct

I can't quite sign on to the "culpability" notion.

Maureen Holm, J.D., LL.M.
United States
Local time: 04:19
Native speaker of: Native in EnglishEnglish
PRO pts in pair: 986
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