英語での正確な時の表現(02)

英文契約で必要な正確な時（年月日、時間）に関する表現と例文を挙げる。
解説は、おいおい充実させていきます。

2-01. a term that is the greater of A or B
         (例文1）Patent in effect on or that result from applications pending before June 8 shall have a term that is the greater of 17 years from filing or 20 years from issue.  (BNA's Patent, Trademark, & Copyright Journal, 12-15-94, p.149)
         (例文2）The term of a patent that is in force on or that results from an application filed before the date that is 6 months after the date of the enactment of the Uruguay Round Agreements Act shall be the greater of the 20-year term as provided in subsection (a), or 17 years from grant, (2701-Patent Term (uspto.gov)) 　

2-02. the difference between A and B
         (例文1）The extension of the patent term is limited by the difference between 14 years and the number of years remaining in the patent term after the drug has been approved for sale. The maximum allowable extension is five years. Thus, if there are 11 years remaining on the patent after the drug product has been approved for sale, the length of the extension cannot exceed three years, even if the regulatory review period was longer than three years.(Patent Term Extensions for Pharmaceutical Products (MR144e) (publications.gc.ca))
       (例文2）Extension is further limited by the difference between fourteen years and the number of years remaining on the patent after the product has been approved.  In other words, if there are ten years remaining on the patent after the product is approved, the amount of extension cannot exceed four years, even if the regulatory review period was greater than four years.  (Food & Drug Law Journal.  Vo. 49, 1994.  P.512) 
[コメント: the number of years remaining on the patentという表現や、ten years remaining on the patentという表現。延長期間の長さについて、the amount of extensionという表現。longer than four yearsでもよいのだろうが、greater than four yearsという表現も使われることなどが、参考になる。]

2-03. the number of years remaining on the patent
         (例文1）The amount of patent extension is determined by the product's regulatory review period and the number of years remaining on the patent after the product is approved.  [Food & Drug Law Journal.  Vol. 29, 1994.  p. 511)

2-04. seasonably; the contract time
         (例文1）If a non-conforming tender is made and the time for performance has not yet expired, the seller may seasonably notify the buyer of an intention to cure and may within the contract time make a conforming tender. (Black Letter Series. Contract. P.37)
         (例文1）Where any tender or delivery by the seller is rejected because nonconforming and the time for performance has not yet expired, the seller may seasonably notify the buyer of his intention to cure and may then within the contract time make a conforming delivery. (title11sec2-508.pdf (mainelegislature.org))
[コメント：seasonablyという表現も参考になる。米国統一商法典によると、An action is taken seasonably if it is taken at or within the time agreed or, if no time is agreed, at or within a reasonable time.  § 1-205. Reasonable time; Seasonableness. | Uniform Commercial Code | US Law | LII / Legal Information Institute (cornell.edu)]

2-05. then in effect
         (例文1）Except as provided in Section X below, I agree that any dispute or controversy arising out of, relating to, or concerning any interpretation, construction, performance or breach of this agreement. shall be settled by arbitration to be held in Ramsey County, Minnesota, in accordance with the employment dispute resolution rules then in effect of the American Arbitration Association … (Principle XIII.1.1 - Arbitration agreement | Trans-Lex.org)

2-06. increase the term
         (例文1）This may be contrasted with the unique demands by the pharmaceutical industry for a review to increase the term of patent protection as pharmaceutical products may experience long delays in obtaining the requisite FDA approval. (https://view.officeapps.live.com/op/view.aspx?src=https%3A%2F%2Fwww.wipo.int%2Fedocs%2Fmdocs%2Fgovbody%2Fen%2Fa_39%2Fa_39_13_add_3.doc&wdOrigin=BROWSELINK) [コメント：期間term)を延ばすことについての動詞としてincreaseを用いる。]

2-07. wihin the same time period
         (例文1）Termination shall take effect sixty (60) days after receipt of such notice unless the breach is corrected within the same time peirod.
         (例文2）If a refund is required by this section and the member has executed any credit or loan agreement with the health spa to pay for use of all or part of the facilities and services, that agreement shall be canceled and returned within the same time period as required for the refund. (statute.aspx (ky.gov))

2-08. semester; calendar semester
         (例文1）If the underpayment is by five percent (5%) or more during any calendar semester, Excelsior Co., Ltd. shall reimburse Akatsuki Co., Ltd. for its out-of-pocket expense of such audit. [コメント：Calendar Day, Calendar Month, Calendar Quarter, Calendar Yearというのは契約書ではよく使われるが、半年を表現するにはsemesterを使って、Calendar Semesterという表現をする。いずれにせよ、誤解が生じないために、下記のように明確に定義して契約書では用いる。]
         (例文2）Calendar Semester means the period from January 1 until June 30 and/or the period from July 1 until December 31 of any calendar year. (LICENSE AGREEMENT by and between Zealand Pharma A/S and Aventis Pharma... | Law Insider)
         (例文3）“Semester” means any continuous period of six calendar months beginning on April 1 or October 1. (World Bank Document)
         (例文4）The first Financial Monitoring Report shall be furnished to the Bank not later than forty five (45) days after the end of the first Semester after the Effective Date, and shall cover the period from the incurrence of the first expenditure under the Project through the end of such first Semester; thereafter, each FMR shall be furnished to the Bank not later than forty five (45) days after each subsequent Semester, and shall cover such Semester.  (World Bank Document)

2-09. start from … continue until …
         (例文1）The initial term of the research collaboration started from the signing of the Letter of Intent between the parties, dated May 25, 1994, and will continue until May 25, 1997.
         (例文2）Fees start from the month this agreement is signed, but NYCHA can retroactively impose a fee if appliance usage began before this agreement was signed. Fees continue until the end of the month that this agreement is terminated, or until the appliance is removed from the apartment, whichever is later. (11288F.indd (nyc.gov))

2-10. extend for a period longer than … days/months/years
         (例文1）In the event the testing extends for a period longer than thirty (30) days, Excelsior Inc. shall furnish to Akatsuki Co., Ltd. an interim report containing the information required to be furnished in Paragraph 3.
         (例文2）The franchise must not extend for a period longer than 20 years from the date of the sale of the public utility and franchise on foreclosure.  (Michigan Legislature - Section 78.26)
         (例文3）A contract shall not extend for a period longer than sixty months. (533A.8.pdf (iowa.gov))

2-11. the then expiring term
         (例文1）The initial term of the research collaboration started from the signing of the Letter of Intent between the parties, dated May 25, 1994, and will continue until May 25, 1997; and this research collaboration term can be extended or renewed y mutual written agreement between the parties at least thirty (30) days prior to the expiratin of the then expring term.
         (例文2）The term of this Agreement shall begin on the date hereof, and continue for three (3) years until September 8, 2018 (the “Term”) subject to earlier termination as provided for in Section 9 below. Thereafter, provided the parties have reached an agreement in writing as to the Service Fee at least one hundred twenty (120) days prior to the end of the then expiring Term, the Term shall be eligible for renewal for one (1) two (2) year term (the “First Renewal Term”), unless terminated. Following the First Renewal Term, in each instance, provided the parties have reached an agreement in writing as to the Service Fee at least one hundred twenty (120) days prior to the end of then expiring Term, the Term shall be eligible for renewal for successive one (1) year terms (together with the First Renewal Term, the “Renewal Terms”).  (Exhibit 10.7 - Prepared by EDGARX.com (sec.gov))

2-12. the preceding accounting period
         (例文1）If there have been no sales during the same accounting period, then the sales price shall be determined on the basis of said sales during the preceding accounting period.
         (例文2）Where the amount of a trading loss exceeds the profits of the same accounting period, the company may claim to carry back the excess against the profits of preceding accounting periods. The preceding accounting periods are those falling wholly or partly within the twelve-month period ending immediately before the beginning of the loss-making accounting period.  Losses may only be carried back against profits of a preceding accounting period if the company was carrying on the trade (in which the loss was incurred) at same time in that accounting period. It is not necessary for the trade to have been carried on for the whole of the preceding accounting period. If the trade was carried on at any time in an accounting period, then losses may be set-off against the profits of the whole of that accounting period.  (CTM04510 - Corporation Tax: trading losses - relief against total profits: preceding accounting periods: general - HMRC internal manual - GOV.UK (www.gov.uk))

2-13. anniversary of …
         (例文1）This Agreement shall be terminable by either party on thirty (30) days prior written notice to the other subsequent to the first (1st) anniversary of the effective date of this Agreement.
         (例文2）One-fourth (1/4) of the Time-Based Options shall vest on each anniversary of the date of this Agreement commencing on the first anniversary of this Agreement and continuing until all Time-Based Options are vested. (Exhibit 10.14 (sec.gov))
[コメント：__th anniversary of the agreement date　契約日より＿年後の応当日]

2-14. on … days prior written notice
         (例文1）This Agreement shall be terminable by either party on thirty (30) days prior written notice to the other subsequent to the first anniversary of the effective date of this Agreement.
         (例文2）Consultant shall provide services to the Company pursuant to this Agreement for the period commencing on July 1, 2013 and ending at the close of business on July 1, 2014 unless terminated by the Company or the Consultant earlier on thirty days prior written notice to Consultant or the Company respectively (the "Term"). The Term hereof may be extended upon the mutual written agreement of the Company and the Consultant. (uree_ex1030.htm (sec.gov)) [コメント：for the period commencing on …. and ending at the close of business on …という表現も参考になる。]

2-15. a calendar quarter
         (例文1）At least one hundred eighty (180) days prior to the beginning of each calendar quarter commencing January 1st, April 1st, July 1st and October 1st, Excelsior Inc. shall submit to Akatsuki Co., Ltd. written estimates of its requirements of the Bulk Product for each of four (4) consecutive quarters commencing each such quarter.
         (例文2）Calendar Quarterの定義条項の例 (Calendar Quarter Definition: 8k Samples | Law Insider)：
a. Calendar Quarter means the respective periods of three (3) consecutive calendar months ending on March 31, June 30, September 30 and December 31.
b. Calendar Quarter means the three-month period ending on the last day of March, June, September or December.
c. Calendar Quarter means the respective periods of three (3) consecutive calendar months ending on March 31, June 30, September 30 and December 31; provided, however, that (a) the first Calendar Quarter of the Term shall extend from the Effective Date to the end of the first complete Calendar Quarter thereafter; and the last Calendar Quarter of the Term shall end upon the expiration or termination of this Agreement. [コメント：契約の発効日と終了日を含むCalendar Quarterについては、特に定義で明確にする必要があることが多い。]