Prośba o sprawdzenie opinii

Temat przeniesiony do archwium.
OPINION

This opinion is written because of request to check the correctness of an agreement terms with interest of NEUTRON LIMITED.

OUR OPINION:

In the clause 3.2 (a) I propose to substitute the phrase in brackets in the sentence: „excluding a direct Bernd Setor competitor of the Sponsor”. In our opinion this kind of contract termination should secure the Sponsor from negative consequences of competitor`s action in the same place.

In the clause 3.2 (c) I propose to add the words „not allow” operating or permitting any third party to operate a betting or gaming service at the Stadium. In our opinion this kind of contract termination should secure the Sponsor from negative consequences of competitor`s action in the same place.

In the clause 3.3 (e) I propose to use the word „excluding” rather than the word „including”. In my opinion this kind of contract termination should secure the Sponsor from negative consequences of competitor`s action in the same place.

In the clause 5 (q): this clause sends to clause nr 3.5 in draft agreement, which does not exist so in my opinion we are capable of evaluating this contract term. So I propose to delete it or set the proper clause.

In the clause 5 (s): We suggest to determine specified term in which the Club should inform of the costs associated with the prevision of the Sponsorship Rights, for example once a month. This solution is important because of financial issues.

In the clause 5 in our opinion we suggest add following clauses about obligation of the Club which should have a wording:
a) it shall not, during the Term, enter into any Agreement or Arrangement (other than this Agreement) whether on its own account or via a third party which would involve the advertisement or promotion of the Sponsor`s direct Brand Sector competitor.
b) the Club is obliged to take care of sponsor`s good name and not take actions that may adversely affect his reputation.

In clause 7.1: the non-exclusive, royalty-free license which Sponsor grants to the Club should have periodical nature and this period should last as long as this agreement but no longer. This solution will protect the Sponsor Mark after termination of the the Agreement.

In clause 9.1 and 9.2: These two terms are unprofitable to the Sponsor, because after a few weeks and without any significant breach of contract the Club may terminate the Agreement and take all fee. We suggest add sentence to clause 9.2 in according with The Club will be required to return to the Sponsor the Sponsorship Fee and any others many which was given to the Club in connection with the execution the Agreement.
This clause can be also change in another way, for example you can allow to the Club to terminate this Agreement but you cannot allow to enter into a Shirt Sponsorship agreement with a Brand Sector competitor of the Sponsor.

In clause 9.5 it will be good for both side to determine duration of notice period, for example 2 weeks.

In clause 14.7 in our opinion obligations in clause 14 shall continue with limitation in time, for example as long as the Agreement is in progress. There is no reasonable explanation to permit to the Club use the obligation in clause 14 longer or without limit time.

In clause 16.3 we suggest to delete a word “without”. There is no reason to let the Club terminate agreement without liability to the Sponsor in situation when the Sponsor does not have any knowledge about employees action which may fulfill the terms of the contract.

If You have any other question, please do not hesitate to contact with us.

Your faithfully,
XYZ
This opinion is 'written' (mnie to slowo sie nie podoba, you express an opinion, you submit an opinion, tutaj slowo 'submit' najlepiej pasuje...submitted) because of (przedimek) request to 'check' (za niskie slowo, 'verify') the 'correctness' (mozna tez 'accursacy') of 'an' (niepotr) agreement terms 'with' (niepotr) 'interest' (tego calkowicie nie rozumiem) of NEUTRON LIMITED.

OUR OPINION:

In 'the' (niepotr) clause 3.2 (a) I propose to substitute the phrase in brackets in the sentence: „excluding a direct 'Bernd Setor' (blad ortog) competitor of the Sponsor”. In our opinion this kind of contract termination should secure the Sponsor from negative consequences of competitor`s action in the 'same place' (cos tu nie tak, nie jest latwe do zrozumienia o co chodzi).

In 'the' (niepotr) clause 3.2 (c) I propose to add the words „not allow” operating or permitting any third party to operate a betting or gaming service at the Stadium. 'In our opinion this kind of contract termination should secure the Sponsor from negative consequences of competitor`s action in the same place.' (nie wiem czy to tutaj powinno byc)

In 'the' (niepotr) clause 3.3 (e) I propose to use the word „excluding” rather than the word „including”. In 'my' (ale wczesniej pisales 'our' a tutaj 'my' albo jedno albo drugie) opinion this kind of contract termination should secure the Sponsor from negative consequences of competitor`s action in the same place.' set the proper clause' (tego nie rozumiem).

In 'the' (niepotr) clause 5 (s): We suggest 'to determine' (daj to inaczej...a determination) OF A specified term in which the Club should inform (alew kogo? tutaj brakuje kogo) of the costs associated with the 'prevision' (blad ortog) of the Sponsorship Rights, for example 'once a month' (jak piszesz 'contract' to trzeba wyrazniej, tzn. podaj dokladna date w miesiacu, albo 'a previously determined date'). This solution is important because of (tutaj cos brak, moze 'any') financial issues.

In 'the' (niepotr) clause 5 in our opinion we suggest addING (przedimek) following clauses 'about' (za niskie slowo, daj tutaj 'regarding') (przedimek) obligation of the Club which should 'have a wording' (za niskie , lepiej 'state'):
a) it shall not, during the Term, enter into any Agreement or Arrangement (other than this Agreement) whether on its own account or via a third party which would involve the advertisement or promotion of the Sponsor`s direct Brand Sector competitor.
b) the Club is obliged to 'take care' (dokladniej w jaki sposob, trzeba napisac) of sponsor`s good name and not take actions that may adversely affect his reputation.

In clause 7.1: the non-exclusive, royalty-free license which THE Sponsor grants to the Club should have periodical nature (ale np. jaki period, once a month, once every 3 months, trzeba dokladniej) and this period should last as long as this agreement but no longer. This solution will protect the Sponsor Mark after termination of 'the' (niepotr) the Agreement.

In clause 9.1 and 9.2: These two terms are unprofitable to the Sponsor, because after a few weeks and without any significant breach of contract the Club may terminate the Agreement and take all fee (ale co to znaczy? czy to 'fee' jest 'paid' czy 'payable'?). We suggest addING A sentence to clause 9.2 in 'according' (daj inne slowo, , ja bym to zrobila inaczej...9.2 specifying that) The Club will be required to return to the Sponsor the Sponsorship Fee and any others 'many' (calkowicie zle slowo, tutaj 'monies') which was given to the Club in connection with the execution OF the Agreement.
This clause can be also changeD in another way, for example you can allow 'to' (niepotr) the Club to terminate this Agreement but you cannot allow IT to enter into a Shirt Sponsorship agreement with a Brand Sector competitor of the Sponsor.

In clause 9.5 it will be 'good' (za niskie slowo, tutaj 'beneficial') for both sideS to determine (przedimek) duration of notice period, for example 2 weeks. (tutaj trzeba dodac w jaki sposob, czy to ma byc ustnie, czy pisemnie i w jaki sposob dostarczone dla drugiej strony)

In clause 14.7 in our opinion THE obligations in clause 14 shall continue with limitation in time, for example as long as the Agreement is in progress. There is no reasonable explanation to permit 'to' (niepotr) the Club TO use the obligation in clause 14 longer or without 'limit time' (po jakiemu to jest? tutaj 'a definite time limit').

In clause 16.3 we suggest 'to delete' (the deletion of) 'a' THE word “without”. There is no reason to 'let' (zle slowo, tutaj 'allow') the Club TO terminate (przedimek) agreement without (tu cos brak, daj slowo 'any') liability to the Sponsor in (przedimek) situation when the Sponsor does not have any knowledge about employees action which may 'fulfill' (to jest zle slowo, bo napewno nie to masz na mysli, ) the terms of the contract.

If 'You' (mala litera) have any other questionS, please do not hesitate to contact 'with' (niepotr) us.

Your faithfully,

To jest napisane troche za bardzo po polsku, tutaj powinno byc wiecej slow ktore sa bardziej precyzyjne i ktore sa jednoznaczne, zeby nikt pozniej nie mowil, ze slowa znacza cos innego. Troche terminow 'legaleese'