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  1. #1
    Hanka is offline Senior Member
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    Default preposition "by"

    Hi,

    could you please tell me what the preposition "by" expresses in the following sentence:

    For the term of this Contract, the distributor undertakes not to manufacture or sell any product that may compete with the specified products or futher to manufacture or sell such competing products by a third party.

    Does it mean:
    1) that the competing products are produced by a third party?
    2) that the distributor should not manufacture or sell the competing products through a third party?

    Thank you very much.

    Hanka

  2. #2
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    Default Re: preposition "by"

    I think it is #2
    but it certainly is confusing

  3. #3
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    Default Re: preposition "by"

    Quote Originally Posted by Hanka View Post
    Hi,
    could you please tell me what the preposition "by" expresses in the following sentence:
    For the term of this Contract, the distributor undertakes not to manufacture or sell any product that may compete with the specified products or futher to manufacture or sell such competing products by a third party.
    Does it mean:
    1) that the competing products are produced by a third party?
    2) that the distributor should not manufacture or sell the competing products through a third party?
    Thank you very much.
    Hanka
    What a horrible sentence! I hate this 'officialese' stuff...

    It could be that 'produced' is missing, and it should read 'to manufacture or sell such competing products produced by a third party.', meaning that the distributor can not make and sell the competing product, nor sell a competing product made by someone else.

    It could also have 'means of' is missing, 'to manufacture or sell such competing products by means of a third party.', meaning that the distributor can't manufacture and sell a competing product through a third party.

    I would, like Fiona, guess at the latter on the basis that selling a third party product is already forbidden by the general 'not to manufacture or sell any product that may compete' phrase.

  4. #4
    Tdol is offline Editor, UsingEnglish.com
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    Default Re: preposition "by"

    I'll third it and the logic.

  5. #5
    Hanka is offline Senior Member
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    Default Re: preposition "by"

    BTW, what do you mean by "third"?

  6. #6
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    Default Re: preposition "by"

    Quote Originally Posted by Hanka View Post
    BTW, what do you mean by "third"?
    Tdol is the third person to vote for #2, and I'll forth it. I pick #2.

    In other words,

    The distributor cannot

    (i) make [new products] that may compete with the specified product

    or

    (ii) sell [old products (i.e., products the distributor has previously made) that may compete with the specified product.


    Moreover, or further, so as to make stipulations (i) and (ii) clearer,


    The distributor cannot

    (iii) have a third party make products that may compete with the specified product [This narrows the meaning of stipulation (i)]

    or

    (iv) have a third party sell [the distributor's previously made] products that may compete with the specified product. [This narrows the meaning of stipulation (ii).
    For the term of this Contract, the distributor undertakes not to
    (i & ii) manufacture or sell any product that may compete with the specified products
    or further
    (iii & iv) manufacture or sell such competing products by a third party.
    All the best.

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