NDA 3---as good and valuable
Thread Content
As good and valuable consideration for AAA’s provision of Information to the Recipient, the Recipient agrees to keep secret and confidential any Information disclosed to it, directly or indirectly, by AAA in written or electronic form, including but not limited to drawings, offers, specifications, data sheets, calculations, test results, process conditions, samples, etc., or orally or visually during visits to plants, presentations, etc. After careful consideration, AAA has decided to provide these materials to the Recipient, who in turn agrees to maintain confidentiality regarding all information disclosed to it by AAA, directly or indirectly, in written or electronic form (including but not limited to drawings, quotations, technical requirements, data sheets, calculations, test results, process conditions, samples, etc.), or orally or visually during factory visits or presentations. Please help to make some revisions!
A few suggestions for reference: As good and valuable consideration for AAA’s provision of Information, in a spirit of friendship and mutual benefit, AAA provides information to.. either orally or visually during plant visits, or discloses it verbally or in writing during such visits; offers quotes and samples :handshake :handshake
This post was last edited by bamboobamboo on 2010-4-7 05:34. As a good and valuable consideration for AAA’s provision of Information to the Recipient, the Recipient agrees to keep secret and confidential any information... AAA’s action of providing materials to the recipient is highly generous and valuable; therefore, the recipient also agrees to maintain confidentiality regarding any information provided by AAA, whether it is provided directly or indirectly. . . Still. . . My understanding is a bit different from Echo’s; I think this sentence doesn’t imply that AAA provides the information out of kindness and in exchange for something valuable, but rather that the recipient considers AAA’s actions to be extremely kind and valuable, and therefore keeps the information provided by AAA confidential as a form of reward. FYI
A common phrase is For good and valuable consideration (there are many translations available online). Let’s learn some key points together*: 1. The understanding of consideration in Anglo-American contract law. Consideration is a key element and characteristic of Anglo-American contract law; this concept does not exist in civil law systems. In Anglo-American contract law, the concept of value can be summarized as: the promise, act, or omission that serves as the counterpart to the promise in question, and which is what gives binding force to that promise on the party who makes it. ...... good and valuable consideration should refer to Consideration that is valid under the law: http://law.uibe.edu.cn/html/zhongwen/jiaoxuegongzuo/yanjiushengjiaoxue/20090703/1726.html http://bbs.fobshanghai.com/viewthread.php?tid=64453. 2. Explanation of consideration/considerable value: Consideration is the price at which the parties to a contract exchange valuable things. Consideration is the corresponding price; in simple terms, it is an equivalent or matching price. Learn about two related phrases: valuable consideration (significant consideration, valuable consideration element) ； Good consideration (moral consideration, moral factor). \"Good consideration\" means \"the promise to provide benefits or transfer property out of love, affection, or moral duty among relatives, such that the beneficiary cannot request enforcement of that promise…\", while its counterpart is \"valuable consideration\". The difference between the two is that the former lacks genuine consideration, whereas the latter involves one party paying a valuable price in exchange for the other party’s commitment or action. The former should not be regarded as true consideration; therefore, a contract without true consideration does not have enforceability. http://www.vlaws.cn/wap.aspx?nid=4322&cid=11&sp=3 In consideration of valid and valuable consideration, the phrase “personal tendency” is translated as “given effective and valuable consideration”. -------------------------------------------FYI
I have a question while hitchhiking: Is \"secret and confidential\" a common expression in Yinni texts? I’ve never seen it before anyway. I used to only have a vague idea that there was some difference in the degree of confidentiality between \"secret\" and \"confidential\".
As good and valuable consideration for AAA’s provision of Information, in a spirit of friendship and fair compensation, AAA provides the relevant information to..—even though Echomm has given many explanations, I still find it difficult to understand—especially the information that is disclosed verbally or visually during factory visits; I also have trouble accepting the translation of “visually” as “written.” Note the use of the word “presentations”: it refers not only to written materials but also to visual elements—things like slides displayed on a projector :handshake
6# yinni agrees; presentation and visit are placed side by side after during
Here, “good and valuable consideration” is a term used in trade contracts, encompassing two meanings: “good consideration” and “valuable consideration”. Personally, I think it should be translated as “effective valuable consideration” for a more professional tone, or as “in accordance with the principle of effective equivalence.” . . ”,
This post was last edited by yinni on 2010-4-8 08:39. Let’s try to translate “as good and valuable consideration” in a non-professional terms version: As good and valuable consideration for AAA to make the Information available to the Recipient, the Recipient agrees to keep secret and confidential any Information disclosed, directly or indirectly, by AAA to the Recipient in written or electronic form, including but not limited to drawings, offers, specifications, data sheets, calculations, test results, process conditions, samples, etc., or orally or visually during visits to plants, presentations, etc. As a friendly and valuable reward for AAA providing these materials to the Licensee, the Licensee also agrees to maintain confidentiality regarding all information disclosed to it directly or indirectly, in written or electronic form (including but not limited to drawings, quotations, technical requirements, data sheets, calculations, test results, process conditions, samples, etc.), or orally or visually during factory visits or presentations.
Plant visit---factory tour; Echomm’s translation is great!
1. Thank you very much to Echo for the explanation on the 4th floor; it taught me that “good and valuable consideration” is actually a specialized term in business law, and cannot be translated arbitrarily as I did on the 3rd floor. It’s true that “in every group of three, there’s always someone I can learn from, and every day is a day for me to learn!” 2. I consulted a law professor friend of mine today, and he said that the formal Chinese translation for “good and valuable consideration” is “effective consideration”. Yinni is translating a formal contract, so I suggest using formal terms like “consideration” instead. Also, I still have different opinions regarding Echo’s translation on the second floor. I still think that in this sentence it doesn’t seem to refer to “AAA providing information to... out of considerations of friendship and fair compensation”; rather, it seems to mean that “in light of AAA’s decision to make the information available to the recipient, and based on the principle of fair compensation, the recipient agrees to keep the information provided by AAA confidential...”"