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Please tell me what's meaning of 【 upon]】,is it means 'after'? and the provisions of Article 16, Paragraph 2 (1) above shall apply mutatis mutandis【 upon】 establishing the amount of the penalty as an amount equal to 20% of the stated purchase price. In such instances, if the money received by Seller is insufficient for such penalty, the Purchaser shall immediately pay the Seller the deficient amount. Article 16, Paragraph 2 (1): 2. Handling in the event the Agreement is cancelled in accordance with the immediately preceding paragraph shall be controlled by the following respective items: (1) If the Purchaser is in breach of the Agreement, of the money received by the Seller, the Seller may acquire a portion of the Deposit equal to 20% of the Purchase Price as a penalty, and shall refund the remaining balance to the Purchaser without interest. If the amount of Deposit received by the Seller is insufficient to cover 20% of the Purchase Price, the Seller will have the right to make claims against the Purchaser for the balance of the amount;
Nov 3, 2018 8:47 AM
Answers · 8
1
Upon = when it happens, when the thing, or breach of contract/agreement happens then the penalty of establishing 20% of the stated price will be calculated. You have to refer back to Article 16, Paragraph 2 (1) to see what shall apply and what conditions or breaches have occurred the penalty will be 20% of the price stated. It is not possible to answer the last part of your question until we know what is being sold or agreed the nature of any agreements or how any prices have or will be agreed to be calculated. WE NEED THE FULL CONTEXT. but upon = when it happens the "mutatis mutandis" will come into effect. MUTATIS MUTANDIS. The necessary changes. This is a phrase of frequent practical occurrence, meaning that matters or things are generally the same, but to be altered, when necessary, as to names, offices, and the like. the changes will be made when (upon) the amount of 20% of the stated price has been established.
November 3, 2018
1
Forget "after" that is a grammar question only, this is legal question, you do not want the buyer to claim there is/are any "after" effects to wriggle out of their obligations. as soon as the contract/agreement is signed by all parties and/or witnessed, all terms are immediately "agreed upon" they are in effect immediately. "agreed upon" is the legal term and definition always used In English law.
November 3, 2018
1
Almost: legal language is very precise! I would say "as an immediate consequence of", i.e. it denotes causality as well as time, and the effect is immediate, rather than "at some time later".
November 3, 2018
這裡的意思是 "後". 與 "thereafter", "thereon" 一样. upon establishing the amount of = 確定金額後
November 3, 2018
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