Some Commonly Used Phrases in Legal Documents (2)

1.   Provided that The usage of this phrase is very similar to “if” or “but”. If it is put in the beginning of a sentence, it constitutes a conditional clause meaning “if”. Where there is a main clause before this phrase, it is equivalent to “with the exception of” meaning “but”. 1)         Provided that the acceptance of rent by the Landlord after the expiration of the term of the tenancy hereby created shall not be deemed to operate as a waiver or breach of any of the terms hereof nor as a new periodic tenancy by way of holding over or otherwise. 在本合同约定的租期届满后,业主接受租金,不应看作业主放弃了或违反了本合同的任何条款,也不应看作以延期或其他方式重新租赁。 2)         Either Party may transfer all or part of its registered capital contribution to the Company to any third party, provided that it first obtains the unanimous approval of the Board and the approval of the Approval Authority and complies with the provisions of this Article. 任何一方均可将其公司注册资本中的全部和部分出资转让给第三方,该等转让首先须经董事会一致通过和审批机构的批准,并符合本条的规定。 2.   Where There are two usages of this word. One is to lead conditional clause meaning “if”, the other is to lead adverbial clause meaning “in the case where”. 1)         Where an employee is granted any period of annual leave, the employer shall pay him annual leave pay in respect of that period not later than the day on which he is next paid his wages after that period. 雇员获准休年假,雇主应于该年假后第一个发薪日支付该雇员该段年假的薪酬。 2)         Where a contract is ratified by virtue of this section, the person who purported to act for or on behalf of the company in making the contract shall not thereafter under any greater liability than he would have been if he had entered into the contract on behalf of the company as an agent acting without its authority and after its incorporation. 任何合同凭借本章节而获得追认,则在订立合同时其意是代表该公司行事的人,在该合同获得追认后所须承担的法律责任,不得大于若该人是在该公司成立后未获该公司授权而以代理人身份代表公司订立合同的情况下所须承担承担的责任。 3.   For the purpose of 1)         For the purposes of sections 79B and 79C, a provision of any kind mentioned in paragraph 30(1) of the Tenth Schedule, other than one in respect of a diminution in value of a fixed asset appearing on a revaluation of all the fixed assets of the company, or of all of its fixed assets other than goodwill, is treated as a realized loss. 第 79B 及 79C 条而言,附表 10 第 30(1) 段所述的任何种类的准备金,均视为已实现亏损,但就公司所有固定资产或除商誉外的所有固定资产作出价值重估时所出现的固定资产减值而提供的准备金则除外。 2)         For the purpose of this law, “invention-creation” means inventions, utility models and designs. 本法所称的发明创造是指发明、实用新型和外观设计。

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