В.В. Степанова

К.П. Чилингарян

Учебно-методическое пособие по курсу «юрдокументация на английском языке» Студенты

Seminar 1 Legal English Handout

1 Identify the official style features in the following extracts:

1 Unless a handwritten signature is specifically required by IBM, any document required to be signed under this Agreement may be signed by hand or, where recognized by law, electronically.

2 Written communications, including notices to the receiving party’s designated representative, are to be sent to the address specified in this Agreement, an applicable Attachment or Transaction Document, or the primary relationship contact you specify on your PartnerWorld Profile on IBM’s PartnerWorld website.

3 If either party desires to exchange confidential information, such exchange will be governed by the IBM Agreement for Exchange of Confidential Information.

4 If you are approved to market to Remarketers, you will only market to Remarketers who have been approved by IBM to market the same Products or Services.

5 a) to obtain any consent; b) to maintain trained personnel for the Programs you are approved to market; c) to participate in the marketing activities as requested by IBM; d) to retain records, as IBM specifies in the Operations Guide, of each transaction for at least three years and to provide us relevant records on request.

6 Programs are not to be priced separately.

7 Billing for the transaction may be on one or more invoices from you, or from you and IBM, but must be generated within a particular period of time, as specified in the Operations Guide.

8 Any Attachment or Transaction Document will be signed by both parties if requested by either party.

9 Neither party will assume or create any obligations on behalf of the other. 10 In order to maintain flexibility in our relationship, IBM may change the terms of this Agreement by providing you at least one month's written notice.

10 In order to maintain flexibility in our relationship, IBM may change the terms of this Agreement by providing you at least one month's written notice.

11 The rights and licenses granted to you under the Agreement may be terminated if you fail to fulfill your applicable payment obligations.

12 Failure by either party to insist on strict performance or to exercise a right when entitled does not prevent either party from doing so at a later time.

Seminar 1 Legal English Handout

13 Damages for bodily injury (including death) and damage to real property and tangible personal property for which IBM is legally liable are not subject to a cap on the amount of damages.

14 Changes to the Agreement terms may be communicated electronically in accordance with section 4.4.

15 You agree you will comply with the license terms and the additional restrictions in this Agreement and use the Programs only for the purpose for which they were provided to you.

16 … expression shall include all assigns, assignees and successors;

… an Article, Section, Appendix or Addendum shall be construed;

... Creditor shall lend to the Debtor a Loan;

… the Debtor shall be obligated to return the Loan .

17 … which were supplied or conveyed prior to/or after the conclusion of this Contract and/or pursuant to this Contract.

18 Borrower desires to obtain from Lender a loan in the principal amount.

19 This Loan Contract is made, signed and came into force …

20 Parties and/or their advisors pursuant to the conclusion of this Contract…

21 Section, Appendix or Addendum shall be construed …

22 All oral communications, representations and information of any nature made by the Parties …

23 … hereinafter referred to as the "Debtor", which expression shall include all assigns …

24 Except as specifically provided otherwise herein, any reference to an Article, …

25 ‘Contract’ means this contract, and the Appendixes, together with all Amendments thereto.

26 …that the failure was due to an impediment beyond his control, and …

27 Full possession of said property will be delivered in the same condition.

28 …either party shall be entitled to terminate the Agreement with notice.

Seminar 1 Legal English Handout

29 …The Seller will promptly inform the Buyer of any claim which may involve the product liability of the Buyer.

30 The Parties shall be released from the liability for the nonfulfillment, partially or in full, of their obligations under this Agreement, if such nonfulfillment is caused by the circumstances of force-majeure.

31 Seller hereby agrees to sell, assign and convey to Purchaser and Purchaser agrees to purchase from Seller, all of Seller’s right, title and interest in and to, the following …

32 The Land, together with the office building, parking garage and other improvements appurtenant thereto (the “ Improvements”).

33 Seller desires to sell, convey, transfer and assign to Purchaser, and Purchaser desires to acquire from Seller, subject to the terms and conditions of this Agreement, the Property.

34 For purposes of calculating pro-rations, Purchaser shall be deemed to …