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    • Join Date: Jul 2005
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    #1

    correct?

    Hi,

    could you please tell me which of the following two options is correct and why:

    He shall be obliged to notify the company that any of the situations described in this article exists immediately after being/having been instructed to provide performance under this Agreement and notified of the name of the customer.

    Thanks a lot!

    Hanka


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    #2

    Re: correct?

    Quote Originally Posted by Hanka View Post
    Hi,

    could you please tell me which of the following two options is correct and why:

    He shall be obliged to notify the company that any of the situations described in this article exists immediately after being/having been instructed to provide performance under this Agreement and notified of the name of the customer.

    Thanks a lot!

    Hanka
    This is a terrible sentence. It is difficult to read and should be broken up into two sentences.

    I have read and re-read this sentence four times to try to figure out what is required here. This is my rewrite showing the first sentence.

    He is obliged to notify the company immediately, if any of the situations described in this article exist.

    "instructedto provide performance under this Agreement" this part of the sentence makes no sense to me. Perhaps it is because it is out of context.

    Are you trying to say that "he" must do these things first before notifying the company??


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    #3

    Re: correct?

    First the company instructs him to provide the performance and notifies him of the name of the customer. Then he e.g. finds out that he knows the customer and that a conflict of interests might arise. Therefore he has to notify the company of the fact immediately.

    In other words:

    Immediately after the company instructs him to provide performance under this agreement and notifies him of the name of the customer, he shall be obliged to notify the company that any of the situations described in this article exists.
    Last edited by Hanka; 22-Nov-2007 at 18:03.


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    #4

    Re: correct?

    Quote Originally Posted by Hanka View Post
    First the company instructs him to provide the performance and notifies him of the name of the customer. Then he e.g. finds out that he knows the customer and that a conflict of interests might arise. Therefore he has to notify the company of the fact immediately.

    In other words:

    Immediately after the company instructs him to provide performance under this agreement and notifies him of the name of the customer, he shall be obliged to notify the company that any of the situations described in this article exists.
    to provide performance .... This is meaningless.


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    #5

    Re: correct?

    or maybe "render any performance" or which general expression would you use for "he performed something under this contract" if you donīt know exactly what? Services, goods, whatever.


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    #6

    Re: correct?

    Quote Originally Posted by Hanka View Post
    or maybe "render any performance" or which general expression would you use for "he performed something under this contract" if you donīt know exactly what? Services, goods, whatever.
    It is the word "performance" that is the problem for the most part. It is undefined.

    I think I know what you are trying to say though.

    He shall be obliged to notify the company that any of the situations described in this article exists immediately after being/having been instructed to provide performance under this Agreement and notified of the name of the customer.

    If any of the situations described in this article exist, he is obliged to notify the company immediately after executing his contractual duties and identifying the name of the customer.

    I have returned to a single sentence but rearranged it.




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    #7

    Re: correct?

    And would there be any difference between:

    If any of the situations described in this article exist, he is obliged to notify the company immediately after executing his contractual duties and identifying the name of the customer.

    AND

    If any of the situations described in this article exist, he is obliged to notify the company immediately after having executed his contractual duties and identifying the name of the customer.


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    #8

    Re: correct?

    Quote Originally Posted by Hanka View Post
    And would there be any difference between:

    If any of the situations described in this article exist, he is obliged to notify the company immediately after executing his contractual duties and identifying the name of the customer.

    AND

    If any of the situations described in this article exist, he is obliged to notify the company immediately after having executed his contractual duties and identifying the name of the customer.
    executing his contractual duties and identifying the name of the customer.

    "executing" is a gerund heading a noun phrase that is the object of the preposition "after". I see no reason to put this in passive voice. Both mean the same...I would use the first probably.

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