Примеры использования Agreed sum на Английском языке и их переводы на Русский язык
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The amount of the agreed sum payable for delay is further discussed below in section D.
In the case of liquidated damages orpenalty clauses, the agreed sum is recoverable without proof of loss.
Secondly, the agreed sum may serve as the limit to the liability for a failure to fulfil the countertrade commitment.
Uniform Rules on Contract Clauses for an Agreed Sum Due upon Failure of Performance 1983.
The courts may also have the power to award additional damages when the actual damage exceeds the agreed sum.
The beneficiary could then claim the agreed sum from the financial institution according to the terms of the guarantee.
The contract may also provide for a guarantee to be given by a financial institution in respect of the agreed sum paragraph 16.
Some legal systems do not permit fixing the agreed sum at a level that exceeds the amount of the underlying obligation.
Assuming that"X Company" is the beneficiary of the clause and"Y Company" is the party obligated to pay the agreed sum, the stipulation may read as follows.
The agreed sum may be intended to stimulate performance of the obligation, or to compensate for losses caused by the failure to perform, or both.!
In some cases, they may wish to provide for the payment of an agreed sum see chapter XIX,"Liquidated damages and penalty clauses.
Under liquidated damages or penalty clauses,the obligated party does not have the option of choosing between either performing the obligation or paying the agreed sum.
Accordingly, the contract may provide that the purchaser can,in addition to the agreed sum, claim performance(Uniform Rules, article 6).3.
Under other legal systems,clauses under which the agreed sum serves as compensation, or is intended to stimulate performance, or has both those functions, are valid paragraph 5.
In those legal systems the parties may not be permitted to derogate from the power of the court to reduce the agreed sum or to award additional damages.
The purchaser may wish to provide that an agreed sum is to be payable for any delay in delivery see chapter XIX,"Liquidated damages and penalty clauses.
Nor is the contractor permitted,in cases where the amount recoverable as damages is less than the agreed sum, to assert that he should only be liable for damages.
Where the applicable law permits an agreed sum to serve only as compensation, parties should attempt to estimate as accurately as possible the losses the purchaser is likely to suffer.
Under some legal systems, clauses by which the parties, at the time of contracting, fix an agreed sum payable as compensation for losses caused by a failure to perform are valid.
Where a legal system permits an agreed sum to serve only as compensation, parties should attempt to estimate as accurately as possible the losses which the purchaser is likely to suffer.
Many legal systems have rules, which are sometimes mandatory,regulating clauses for the payment of an agreed sum, and such rules will often restrict what the parties may achieve through those clauses.
The purchaser could claim the agreed sum from the financial institution after proof of a failure to perform by the contractor see chapter XVII,"Security for performance", paragraphs 10 to 12.
Under section 15(a)is different between the expected damage during felling the contract and the agreed sum of compensation rather than between expected damage and the actual damage suffered by either side.
Nor is the party owing the agreed sum permitted,in cases where the amount recoverable as damages is less than the agreed sum, to assert that that party should be liable only for damages.
Furthermore, a deduction or a set-off might later be invalidated, if the agreed sum deducted or set-off was held by a court to be excessive and was reduced.6.
However, when the party committed to purchase has aparticular interest in obtaining the goods, it may be agreed that the party committed to supply the goods would pay an agreed sum in the event that the party.
The courts may have the power to reduce the agreed sum in specified circumstances, e.g., if the amount is grossly excessive in the circumstances, or there has been part performance.
The parties may also wish to provide that termination after the limit is reached is not to affect the payment of an agreed sum which has become due before the termination see chapter XXV,"Termination of contract.
The beneficiary of the liquidated damages orpenalty clause may wish to include a provision in the countertrade agreement requiring the other party to arrange for a financial institution to give a guarantee in respect of the obligation to pay the agreed sum.
The parties may wish to provide that the aggrieved party loses the right to claim the agreed sum if a claim is not made within a specified period of time following the expiry of the fulfilment period e.g., thirty days.