82,891
edits
Talk:Deutscher rahmenvertrag: Difference between revisions
no edit summary
Amwelladmin (talk | contribs) No edit summary |
Amwelladmin (talk | contribs) No edit summary |
||
| Line 73: | Line 73: | ||
:12(3) [ ] The interest surcharge provided for in Clause 3 sub-Clause (4) shall be [ ]%.<br> | :12(3) [ ] The interest surcharge provided for in Clause 3 sub-Clause (4) shall be [ ]%.<br> | ||
:12(4) After Clause 8 sub-Clause (2), sentence 1 the following sentence is inserted:<br> | :12(4) After Clause 8 sub-Clause (2), sentence 1 the following sentence is inserted:<br> | ||
either<br> | :either<br> | ||
:[ ] This shall, without prejudice to Clause 12 sub-Clause (5) (C) (a), apply only if, in relation to at least one {{drvprov|Transaction}}, the {{drvprov|Party Entitled to Damages}} (i) has finally and incontestably received all payments or other performances owed by the other party and (ii) would still have unconditional or conditional payment or other obligations itself if the {{drvprov|Agreement}} were to continue,<br> | :[ ] This shall, without prejudice to Clause 12 sub-Clause (5) (C) (a), apply only if, in relation to at least one {{drvprov|Transaction}}, the {{drvprov|Party Entitled to Damages}} (i) has finally and incontestably received all payments or other performances owed by the other party and (ii) would still have unconditional or conditional payment or other obligations itself if the {{drvprov|Agreement}} were to continue,<br> | ||
:or<br> | :or<br> | ||
| Line 82: | Line 82: | ||
:::(a) it is to be anticipated that, on the next {{drvprov|Due Date}}, either party will have to pay additional amounts pursuant to the preceding sub-Clause (A) with regard to a payment which it is required to make, other than with regard to interest payable pursuant to Clause 3 sub-Clause (4), or<br> | :::(a) it is to be anticipated that, on the next {{drvprov|Due Date}}, either party will have to pay additional amounts pursuant to the preceding sub-Clause (A) with regard to a payment which it is required to make, other than with regard to interest payable pursuant to Clause 3 sub-Clause (4), or<br> | ||
:::(b) either party is no longer permitted to perform the {{drvprov|Agreement}},<br> | :::(b) either party is no longer permitted to perform the {{drvprov|Agreement}},<br> | ||
such party (hereinafter called the '''{{drvprov|Affected Party}}'''), and in the case of (b) also the other party (hereinafter called the '''{{drvprov|Non-affected Party}}'''), may, by giving at least two weeks' notice, terminate the {{drvprov|Transaction}} affected by such change with effect as from a date to be designated by it, provided that such date may not be earlier than one month before the date on which such change becomes effective. In the event of such termination, Clause 7 sub-Clause (3) shall apply only with respect to the {{drvprov|Transaction}}(s) concerned. However, the {{drvprov|Non-affected Party}} or, in the event of the termination notice being given by the {{drvprov|Non-affected Party}}, the {{drvprov|Affected Party}} may, within one week after receipt of the notice of termination, decide, by a declaration to that effect addressed to the party having given the notice of termination, that the {{drvprov|Agreement}} as a whole is terminated. For the form of the notice of termination and the declaration pursuant to sentence 3, Clause 7 sub-Clause (1), sentence 3 shall apply.<br> | ::such party (hereinafter called the '''{{drvprov|Affected Party}}'''), and in the case of (b) also the other party (hereinafter called the '''{{drvprov|Non-affected Party}}'''), may, by giving at least two weeks' notice, terminate the {{drvprov|Transaction}} affected by such change with effect as from a date to be designated by it, provided that such date may not be earlier than one month before the date on which such change becomes effective. In the event of such termination, Clause 7 sub-Clause (3) shall apply only with respect to the {{drvprov|Transaction}}(s) concerned. However, the {{drvprov|Non-affected Party}} or, in the event of the termination notice being given by the {{drvprov|Non-affected Party}}, the {{drvprov|Affected Party}} may, within one week after receipt of the notice of termination, decide, by a declaration to that effect addressed to the party having given the notice of termination, that the {{drvprov|Agreement}} as a whole is terminated. For the form of the notice of termination and the declaration pursuant to sentence 3, Clause 7 sub-Clause (1), sentence 3 shall apply.<br> | ||
::12(5)(c) In the event of a termination notice being given on the basis of any of the grounds for termination mentioned in sub-Clause (B), Clause 8 shall apply subject to the following:<br> | ::12(5)(c) In the event of a termination notice being given on the basis of any of the grounds for termination mentioned in sub-Clause (B), Clause 8 shall apply subject to the following:<br> | ||
:::(a) The {{drvprov|Non-affected Party}} shall be regarded as the {{drvprov|Party Entitled to Damages}}. Clause 12 sub-Clause (4), where agreed, shall not apply.<br> | :::(a) The {{drvprov|Non-affected Party}} shall be regarded as the {{drvprov|Party Entitled to Damages}}. Clause 12 sub-Clause (4), where agreed, shall not apply.<br> | ||