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  1. HaraKiriBlade's Avatar
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    #1

    Contract

    Hello,

    I'm translating contracts for the first time in life, and it's difficult. And boring.

    The following text is driving me bonkers, as I am stuck in between two different interpretations:

    (C) The Distributor has assured the Corporation that it possesses the necessary technical and commercial competence and the ability to easily structure the organization necessary to ensure efficient performance of its contractual obligations hereunder;
    Should I read:

    1. The Distributor has assured the Corporation that it possesses [the necessary technical and commercial competence] and [the ability] to easily structure the organization necessary...

    or

    2. The Distributor has assured the Corporation that it possesses [the necessary technical and commercial competence] and [the ability to easily structure the organization necessary] to ensure efficient performance...


    Thank you in advance

    - HKB

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    #2

    Re: Contract

    What is the question?
    I think the word second "necessary" is unnecessary.
    I am not a teacher.

  2. Piscean's Avatar
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    #3

    Re: Contract

    It's sloppily written, I assume that this is meant:


    The Distributor has assured the Corporation that it possesses the [necessary technical and commercial competence] and [the ability] to easily structure the organization to ensure ...

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    #4

    Re: Contract

    It's not well written.

    They possess two things:

    1. the necessary technical and commercial competence
    2. the ability to structure the organization

    Both of these should ensure they can perform their contractual obligations.

  3. HaraKiriBlade's Avatar
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    #5

    Re: Contract

    So even here in this forum people are split on the interpretation but unanimous about the crappy writing.

    I suppose I'll just do a coin toss and go with either one of the two interpretations. The difference between them isn't worth this much headache, especially now that I know for sure the source text is much to blame.

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    #6

    Re: Contract

    I would go with your second interpretation. (And yes, the text is to blame.)

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    #7

    Re: Contract

    Quote Originally Posted by HaraKiriBlade View Post
    unanimous about the crappy writing.
    It reads to me like someone who is not a lawyer, or not an English-speaking one, trying to write a legal text.

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