Hello! With the advent of a new leader in our medical institution, changes inevitably followed. One of the first is the rule of greeting patients, namely: the greeting "Hello!" is not allowed. And depending on the time of day, the greeting "good morning", "good afternoon", "good evening" is introduced. Accordingly, the question arose: until what time to say morning, until which afternoon, etc.? violations will be punished financially. Thanks to! Sincerely, Rybakina Marina.
| Question #293283 | ||
Kind. Can you please tell me if commas are needed after "what" in the sentence below: In response to your request, we inform you that, according to the terms of service and the license agreement, only a person over 18 years old can be a main account holder. Thank you in advance!
The answer of the reference service of the Russian language
Punctuation marks are placed correctly. The increment after the number is not needed, right: over 18 years old.
| Question No. 291801 | ||
Good evening! From what time should you say "Good morning", "Good afternoon", "Good evening"?
The answer of the reference service of the Russian language
We sent your question to the consultant of our portal - k. filol. n. Leading Research Fellow at the Institute of the Russian Language. V. V. Vinogradov RAS O. I. Severskoy. Here is her recommendation.
By unspoken agreement, the morning lasts until 11 o'clock, the evening begins at 16 o'clock, and after 22 o'clock it is customary to wish good night.
| Question #286542 | ||
There is a phrase in the contract: Paragraph 5 should be stated as follows: "The result is determined by agreement of the parties." Are both dots at the end necessary?
The answer of the reference service of the Russian language
The dot is placed only after the quotation marks: Paragraph 5 shall be stated as follows: "The result is determined by agreement of the parties."
| Question #284657 | ||
How right? Any changes to the agreement (changes to the agreement, changes to the agreement) are valid if submitted in writing and signed by both parties.
The answer of the reference service of the Russian language
Right: any changes to the agreement are valid...
| Question #276028 | ||
Is the expression "one-sided truce" and "Poroshenko announced a truce" correct (when the negotiations had not yet begun)? In my opinion, here it is necessary to talk about the suspension of fire, because. a truce requires the participation of two (or more) warring parties.
The answer of the reference service of the Russian language
Your remark is correct. Here is how the meaning of the word is explained truce"Big Explanatory Dictionary of the Russian Language" ed. S. A. Kuznetsova: "temporary cessation of hostilities by agreement of the belligerents." In other words, if there is no agreement between the parties, we can talk not about a truce, but about the suspension of fire by one of the parties.
| Question #273168 | ||
Hello! Tell me, is there a difference between the words "transfer" and "transfer"? Thank you in advance!
The answer of the reference service of the Russian language
Transfer- transition, transfer of someone, something. according to official agreement elsewhere. Transfer - financial and legal term.
| Question #263852 | ||
Hello!
Please tell me, in the sentence "According to the signed agreement, work will begin ..." is a comma needed after the word "agreement". Many thanks!
The answer of the reference service of the Russian language
The comma is optional (optional), the decision on its setting is made by the author of the text. Note: start(no soft sign).
| Question #263839 | ||
Good afternoon!
Is the following sentence correct: "Any changes and additions to this agreement may be made by mutual agreement of the parties"?
The answer of the reference service of the Russian language
Better: any changes to this agreement and additions to it ...
| Question #251400 | ||
Hello! Please tell me if a comma is needed after the word "agreement" in the sentence: "According to the signed agreement, company X will deal with the following categories of products manufactured by company Y: ...". Thanks!
The answer of the reference service of the Russian language
The comma is optional (optional).
At the moment, work is underway to determine the cost and timing of the issuance of documentation for the allocation of an additional priority stage, in connection with the construction of a new facility....
Do I need a comma before "associated"?
Correction of the working documentation in terms of replacing the external fence made of reinforced concrete slabs with a fence made of profiled sheet is possible by additional agreement. Are commas needed here?
Thanks.
The answer of the reference service of the Russian language
Commas are not needed.
| Question #235505 | ||
please help How is it better for A and B to agree on a tax cut or A and B to agree on a tax cut Thank you very much in advance
The answer of the reference service of the Russian language
The second option is better.
| Question #232573 | ||
Pronoun agreement - is it for you? Example: "In the attachment to the letter you will find our written defense of the claim, along with the proposals for a settlement agreement, which we ask you to comment" "Which" refers only to proposals for a settlement agreement, or also to the defense of the claim? In other words, were we asked to comment only on the settlement agreement, or on the written objections as well? Sincerely, Gregory
The answer of the reference service of the Russian language
This proposal can be understood in two ways.
| Question #231650 | ||
The following transactions are recognized as taxation objects: the sale of goods (works, services) on the territory of the Russian Federation, including the sale of collateral and the transfer of goods (results of work performed, the provision of services) under an agreement on the provision of compensation or innovation, as well as the transfer of property rights. Tell me, please, in this sentence: "the sale of goods ...., and also ..." - is a CPP (complex-subordinate sentence) or "and also ..." - is a continuation of "including ..." .
The answer of the reference service of the Russian language
This is not a SPP, since _and also_ is not a subordinating, but a coordinating union. As for the question of what exactly the words _and also the transfer of property rights_ refer to, it is difficult for linguists to answer it: the structure of the sentence allows both interpretations. In our opinion, the homogeneous members are as follows: _the sale of goods (works, services) on the territory of the Russian Federation, as well as the transfer of property rights_.
Documents that supplement, clarify, change the contractual terms in the process of preparing the contract for conclusion or in the process of fulfilling obligations can be divided into several types:
- attachment to agreement;
- additional agreement;
- protocol of disagreements;
- dispute resolution protocol.
To avoid confusion, we will analyze the main differences between the listed documents and determine the specifics of their design. And also consider the possibility of using these documents within the framework of Federal Law No. 44-FZ "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs" (hereinafter - Law No. 44-FZ) and in general in procurement activities.
Appendix
Attachment to agreement is a document that clarifies or discloses in more detail the content of the contractual terms. Let's say that the contract only names the subject of the work to be performed, and the appendix to the contract gives the terms of reference of an already detailed content or provides a specification listing both the types of work and their cost.
The application is drawn up on one or more sheets, which will become an integral part of the contract. The design of the introductory part of the document must begin with the name ("Appendix") and its serial number. Mandatory is a reference to the contract itself, its number and date of preparation.
Next, you should title the main part of the document, based on its content. In the final part of the application, you must specify the details of counterparties. They, along with a reference to the number and date of the contract, are important factors confirming that the document belongs to the main contract.
There are also places for signatures of authorized persons of each of the parties, indicating their positions, surnames and initials. The application must be signed simultaneously with the conclusion of the contract. Otherwise, if such a document is drawn up later, an additional agreement to the contract should be drawn up, and not an annex.
Purchasing application
To date, the concept mined documentation". "Bombed" is considered to be documentation that misleads the order placing participant (hereinafter referred to as OPP), and when reading it diagonally, it is very difficult to notice important points.
One of these methods of "mining" is the separation of requirements according to the text of the documentation. For example, in the documentation, the requirements for the performance of services are the same, and in the draft contract, they are different. Moreover, in the documentation itself, the requirements are described in detail, and in the appendix to the contract, the terms of reference are reduced to 1-2 pages. At the same time, the participant, having read the terms of reference in terms of the documentation, being afraid of such volumes and the exactingness of the Customer to perform the work, may stop analyzing the documentation further and decide not to participate.
It is important that after the conclusion of the contract, the main document for both parties is the contract with all the integral applications. And all other conditions reflected in the documentation, notice, etc., but not included in the contract, are no longer significant for the parties.
The contractor must be guided by the draft contract. Purchasing rules are the rules for selecting the Supplier, and there is no need to perform work on the documentation.
Additional agreement
An additional agreement, unlike an annex, is drawn up to an already concluded contract. Consequently, additional agreement- This is a document that amends an already existing and previously signed contract. At the initial negotiation of the terms of the contract, it is incorrect to draw up additional agreements, since the contract itself does not yet exist.
In addition, an additional agreement may aim to expand the terms of the contract, extend its validity, etc. Moreover, this document always indicates from what moment (in the form of a specific date or the wording “from the moment of signing”) it begins to operate. Up to that point, the original wording of the treaty shall remain in effect.
When making additional agreements, the following rules should be observed:
- Take the preamble from the agreement, replacing the words “have concluded this agreement” with the words “have concluded this supplementary agreement”;
- Secure the additional agreement with the signatures and seals of the parties, indicate the validity period of the additional agreement.
If you make changes (additions) to the contract with your additional agreement, then, in order to avoid further misunderstandings and discrepancies, it is best to arrange it as follows:
- 1. State the p ... of the agreement in the following edition:
- "__. ____________________” (and write a new version of this paragraph);
- 2. Clause ___ (in clause ___ the words “___”) shall be excluded from the text of the agreement;
- 3. Supplement the text of the agreement with paragraph ___ of the following content:
- «__. ____________________».
- 4. Amend Appendix No. ___ to the Agreement and adopt it in a new edition in accordance with Appendix No. ___ to this Addendum No. ___.
- 5. Supplement the Agreement with Appendix No. ___ "_________________", and accept it as amended in accordance with Appendix No. ___ to this Addendum No. ___.
Additional agreement under Law No. 44-FZ
In the practice of tender procedures, there is often a need to conclude an additional agreement to the contract. The change in the terms of the contract was settled by part.h. 1-7 Art. 95 of Law No. 44-FZ.
Note that the beginning of Part 1 of Art. 95 of the new Law may raise questions, since it says: “Changing the essential terms of the contract during its execution is not allowed, except for changing them by agreement of the parties in the following cases ...”, despite the fact that the concept of “essential terms” is not disclosed either in this norm, nor in any other norm of Law No. 44-FZ. We believe that this concept should be applied in the sense in which it is given in the Civil Code of the Russian Federation, on which, among other things, we recall, Law No. 44-FZ is based.
Consider the main conditions under which it is possible to amend an already concluded contract:
- 1. Protocol of disagreements within the framework of the auction. The winner of the electronic auction, with whom the contract is concluded, has the right to send the protocol of disagreements to the state contract to the customer using the functionality of the personal account on the electronic platform.
The protocol of disagreements to the contract will be signed with an electronic signature in the personal account, so there is no need to send the signed and scanned document to the customer. In the current version of Law No. 44-FZ, there are no restrictions on the number of these protocols that can be placed by the winner of an electronic auction. The deadline for their submission is 13 days from the date of placement in the unified information system of the protocol for consideration of applications.
However, officials of the Ministry of Economic Development of Russia have prepared a draft amendment to the Law on the contract system. In particular, they propose to add a rule according to which the winner of an electronic auction will be able to submit no more than one protocol of disagreements.
The authors of the draft propose to change part 4 of Article 70 of Law No. 44-FZ. It will establish that the protocol of disagreements cannot be sent more than once and later than 5 days from the date of placement by the customer of the draft contract. Accordingly, the 13-day period will be excluded from the text of the law.
- 2. Minutes of disagreements within the tender or request for quotations. The tender winner has no right to send the protocol of disagreements to the customer. The direction by the winner of the competition to the customer of disagreements on the state contract can be regarded as evasion from signing it.
When submitting an application for participation in the tender, the participant in the order placement agrees with all the conditions of the auction, including all the provisions of the draft state contract, in which, following the results of the auction, only the price of the contract and, in the event of a tender, other conditions for its execution, which were the subject estimates. Therefore, the direction by the winner of the auction to the customer of disagreements on the state contract can be regarded as evasion from signing it, which is the basis for including the relevant supplier in the register of unscrupulous suppliers.
In total, the possibility of filing a protocol of disagreements by Law No. 44-FZ is established only for holding an auction in electronic form.
Disagreement Protocol
The party that received the protocol of disagreements signs it if it agrees with the new edition. As a result, the corresponding condition of the agreement will be valid in the version of the protocol of disagreements, and not the agreement. However, it is likely that some of the proposed conditions may not suit the counterparty. In this case, a protocol of agreement (settlement) of disagreements is drawn up for the protocol of disagreements.
This document is drawn up by analogy with the protocol of disagreements with the addition of the column "Agreed version", which prescribes the disputed condition, taking into account the requirements of both parties. At the same time, a note is made in the initial protocol of disagreements "With a protocol for reconciling disagreements".
If, even after drawing up a protocol for reconciling disagreements, the parties cannot come to a consensus, then we can offer two options for further action: either draw up a new text of the contract and start all the work again, or look for a new counterparty. And although in practice there are protocols of disagreements No. 2 for protocols for reconciling disagreements, in order to avoid unnecessary paperwork, it is more logical to use the first option of the proposed actions.
It is advisable to send the draft agreement, the protocol of disagreements and the protocol of agreement of disagreements with cover letters, which should contain a proposal to sign the submitted documents. The letter may also indicate the time period for consideration of this issue.
All considered documents on the agreement of contractual terms allow the parties to reduce their risks and bring the disputed terms of the contract to a "common denominator". Use all methods of resolving disagreements that arise both during the conclusion of the contract and during its execution. How do you get out in practice, paraphrasing the well-known saying, “A contract is more valuable than money!”.
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Hello! With the advent of a new leader in our medical institution, changes inevitably followed. One of the first is the rule of greeting patients, namely: the greeting “Hello!” is not allowed. And depending on the time of day, the greeting "good morning", "good afternoon", "good evening" is introduced. Accordingly, the question arose: until what time to say morning, until which afternoon, etc. Perhaps my question will make an absurd impression, but for us it is very serious, violations will be punished financially. Thanks to! Sincerely, Rybakina Marina.
Good evening! From what time should you say "Good morning", "Good afternoon", "Good evening"?
The answer of the reference service of the Russian language
We sent your question to the consultant of our portal - k. filol. n. Leading Research Fellow at the Institute of the Russian Language. V. V. Vinogradov RAS O. I. Severskoy. Here is her recommendation.
By unspoken agreement, the morning lasts until 11 o'clock, the evening begins at 16 o'clock, and after 22 o'clock it is customary to wish good night.
How right? Any changes to the agreement (changes to the agreement, changes to the agreement) are valid if presented in writing and signed by both parties.
The answer of the reference service of the Russian language
That's right: any changes to the agreement are valid ...
| Question #276028 | ||
Is the expression "one-sided truce" and "Poroshenko declared a truce" correct (when the negotiations had not yet begun)? In my opinion, here it is necessary to talk about the suspension of fire, because. a truce requires the participation of two (or more) warring parties.
The answer of the reference service of the Russian language
Your remark is correct. This is how the meaning of the word truce is explained in the Big Explanatory Dictionary of the Russian Language, ed. S. A. Kuznetsova: "temporary cessation of hostilities by agreement of the belligerents." In other words, if there is no agreement between the parties, we can talk not about a truce, but about the suspension of fire by one of the parties.
Hello!
Please tell me in the sentence “According to the signed agreement, work will begin ...” whether a comma is needed after the word “agreement”. Many thanks!
The answer of the reference service of the Russian language
The comma is optional (optional), the decision on its setting is made by the author of the text. Please note: they will begin (without a soft sign).
Hello! Please tell me if a comma is needed after the word “agreement” in the sentence: “According to the signed agreement, company X will deal with the following categories of products manufactured by company Y: …”. Thanks!
The answer of the reference service of the Russian language
The comma is optional (optional).
At the moment, work is underway to determine the cost and timing of the issuance of documentation for the allocation of an additional priority stage, in connection with the construction of a new facility ....
Do I need a comma before "associated"?
Correction of the working documentation regarding the replacement of the external fence made of reinforced concrete slabs with a fence made of profiled sheet is possible by additional agreement. Are commas needed here?
Thanks.
The answer of the reference service of the Russian language
Commas are not needed.
Pronoun agreement - is it for you? Example: “In the attachment to the letter you will find our written defense of the claim, along with the settlement proposals that we ask you to comment on.” “Which” refers only to the settlement proposals, or also to the defenses? In other words, were we asked to comment only on the settlement agreement, or on the written objections as well? Sincerely, Gregory
The answer of the reference service of the Russian language
This proposal can be understood in two ways.
| Question #231650 | ||
The following transactions are recognized as taxation objects: the sale of goods (works, services) on the territory of the Russian Federation, including the sale of collateral and the transfer of goods (results of work performed, the provision of services) under an agreement on the provision of compensation or innovation, as well as the transfer of property rights. Please tell me, in this sentence: "sale of goods ...., and also ..." - is a CPP (complex-subordinate sentence) or "and also ..." - is a continuation of "including ...".
The answer of the reference service of the Russian language
This is not a SPP, since _and also_ is not a subordinating, but a coordinating union. As for the question of what exactly the words _and also the transfer of property rights_ refer to, it is difficult for linguists to answer it: the structure of the sentence allows both interpretations. In our opinion, homogeneous members are as follows: _realization of goods (works, services) on the territory of the Russian Federation, as well as the transfer of property rights_. Pages: 2 last
The procedure for concluding additional agreements to the contract
Art. 450 of the Civil Code of the Russian Federation provides for the possibility of changing a previously concluded contract, subject to the consent of both parties. The subject and terms of the contract, other parameters that are important for counterparties may change. You can read about the features of the agreement on the extension of the contract in the article "Additional agreement on the extension of the contract".
Part 1 Art. 420 of the Civil Code of the Russian Federation makes it clear that an agreement to amend a contract is also a contract. Thus, the procedure for signing an additional agreement complies with the rules on negotiations, offer and acceptance (Articles 434.1–443 of the Civil Code of the Russian Federation).
The initiator sends the developed document to the partner with a description of the motive for making changes and a request to review and sign the agreement.
The counterparty gets acquainted with the document and, if the proposed conditions suit him, signs the agreement. If he agrees to the change, but on different terms, he makes his own amendments to the agreement and sends them for consideration to the initiator of the change in the agreement (amendments to the agreement can be drawn up by drawing up a new draft agreement or protocol of disagreements). In case of disagreement with the amendment of the original contract, the counterparty responds with a letter of refusal, but has the right to simply remain silent (it is appropriate when such silence is not an acceptance).
If a compromise is not reached, the dispute, if there are legal grounds for it, may be referred to the court.
The Civil Code of the Russian Federation provides for the following reasons for judicial amendment of the contract:
- material breach of the obligations of one of the parties (subclause 1, clause 2, article 450 of the Civil Code of the Russian Federation);
- another case expressly stated in the contract, the Civil Code of the Russian Federation and other laws (subclause 1, clause 2, article 450 of the Civil Code of the Russian Federation);
- a significant change in circumstances (Article 451 of the Civil Code of the Russian Federation).
Add. agreement to amend the terms of the contract: sample amendments to the contract, sample amendment to the clause of the contract
The legislator has not provided a specific form for additional agreements, therefore, based on established practice, the following mandatory attributes can be distinguished:
- name of the document, for example: “Supplementary agreement No. ___ to contract No. ___ date”;
- the name of the partners concluding it, indicating the position and powers of the signatories;
- the essence of the changes made to the document;
- date of entry into force of the amendments;
- details and signatures.
There are 2 main options for describing changes:
- Briefly indicate the essence of the change, for example: "Extend the contract until ...". The filling option can be viewed here: Additional agreement on changing the terms of the contract - sample.
- Accept the contract or its parts in a new edition. An example of such an agreement can be viewed at the link: Add. agreement to change a clause of the contract - sample.
Thus, an additional agreement is one of the main tools in the arsenal of a practicing contracting lawyer. It can be concluded either by reaching an agreement, or in court (when there are grounds for taking the dispute to court).
>Supplementary agreement on changing the terms of the contract sample 2018 free download standard form example form
Additional agreement on changing the terms of the contract sample 2018 free download standard form example form
N _____ from "__" _________ _____
__________ "___" ________ ____
This agreement is concluded between the parties to the sale and purchase agreement N _____ dated "__" ____ ____ (hereinafter referred to as the "agreement") in ___ copies of equal legal force, _____ for each party.
Hereinafter referred to as __ the Seller, represented by _____________________, (position, surname, name, patronymic) acting ___ on the basis of ______________________________, (Charter, regulation, power of attorney) on the one hand, and ________________________________, hereinafter referred to as __
The buyer, represented by ____________________________, (position, surname, name, patronymic) acting ___ on the basis of ___________________________, (Charter, regulation, power of attorney)
on the other hand, have entered into this agreement as follows:
1. In connection with __________________________________ (indicate the reasons that led to the change in the agreement), the parties who entered into the agreement on "___" _________ _____ on _________________
2. Paragraph ____ of the agreement shall be stated as follows: "_____________________________________".
3. In clause ___ of the agreement, between the words "______________" and "____________", include the words: "______________________".
4. Clause ________ of the contract should be excluded from the text, renumbering the clauses of the contract accordingly.
5. The text of the agreement shall be supplemented with paragraph __________, stating it as follows: "_______________________".
6. Obligations of the parties, modified by this agreement, for execution
which the parties have already started, are subject to execution as follows: _______________________. (indicate in what order and how to proceed with their execution)
7. This supplementary agreement shall enter into force upon its signing by the parties.
8. This supplementary agreement is an integral part of the agreement N ______ dated "___" _________ ____ between the parties, and all issues related to it, the parties to the agreement will be resolved pursuant to and in accordance with the rules and provisions of the amended agreement.
9. Details of the parties:
Seller: __________________ (full name)
The address: _____________________
Postal address and zip code: _________________________
TIN: _________
Current account N ________________
in the bank ______________________
Corr. account N _______________________
BIC: _____________________________
Phone fax: ___________________________
Buyer: _____________________________ (full name)
The address: _____________________
Postal address and zip code: _______________
TIN: ______________
Settlement account N ____________________________
in the bank ______________
Corr. account N _____________________
BIC: ____________________
Phone fax: _________________________
SIGNATURES OF THE PARTIES:
Salesman:
Buyer:
________________________ __________________
(head position) (signature) (full name)
N 3 on amendments and additions to the terms of the contract of sale N 453 dated January 11, 2018
This agreement is concluded between the parties to the contract of sale N 453 dated January 11, 2018 (hereinafter referred to as the "agreement") in two copies having equal legal force, one for each of the parties.
ZhilTorg LLC, hereinafter referred to as
The Seller, represented by General Director Artem Pavlovich Zolotarev, acting on the basis of the LLC Charter dated February 11, 2001, on the one hand, and CosmeticsGroup LLC, hereinafter referred to as the Buyer, represented by Fedor Arkadyevich Poddubny, General Director, acting on the basis of the LLC Charter dated 05.10.2007, on the other hand, have entered into this agreement as follows:
1. In connection with the renaming of the street. Kaluga in st. V. Vysotsky, and according to the agreement reached, the parties who entered into agreement N 453 dated January 11, 2018 on the purchase and sale of an apartment (hereinafter referred to as the "parties") agreed to make the following changes and additions to the above-mentioned agreement N 453.
2. Clause 1.4. of the agreement shall be amended as follows: “The Seller undertakes to transfer into the ownership of the Buyer on the terms of the agreement and for the fee established by him apartment No. 3 on the street. V. Vysotsky, St. Petersburg.
3. In clause 3.5 of the agreement, between the words “Buyer” and “transfers”, include the words: “within 30 calendar days”.
4. Clause 5.1. treaty from the text to exclude, correspondingly changing the numbering of clauses of the treaty.
5. Supplement the text of the agreement with clause 6.2.4., stating it as follows: “In case of disputes between the parties regarding the subject of the agreement, they must take measures to resolve the differences on a voluntary basis. If it is impossible to reach an agreement between the parties, the dispute shall be referred to the court.
6. The obligations of the parties, modified by this agreement, which the parties have already begun to fulfill, are to be fulfilled as follows: the part of the amount not paid by the Buyer is distributed for the period indicated by the additional agreement and transferred to the Seller's account according to the approved calculation scheme. (indicate in what order and how to proceed with their execution)