French term
simples tolérances
ARTICLE 23 - TOLERANCE - MODALITES D’EXECUTION - INDIVISIBILITE
23.1. Toute modification des présentes ne pourra résulter que d’un document écrit et exprès sous forme d’acte bilatéral ou d’échanges de lettres.
Cette modification ne pourra en aucun cas être déduite, soit de la passivité du Bailleur, soit même de *simples tolérances*, quelles qu’en soient la fréquence et la durée, le Bailleur restant toujours libre d'exiger à tout instant la stricte application des clauses et stipulations qui n'auraient pas fait l’objet d'une modification expresse et écrite par voie d’avenant dûment signé par les parties.
From what I have read the lessor's tolerance of undesirable conduct (e.g. using the premises for purposes other than those agreed in the lease) does not stop them from being able to invoke the early termination clause if they wish to.
My translation is "single instances of tolerance", but maybe there is something better out there?
Also, the existing PROZ answer does not really fit my context.
4 | verbatim: "plain/simple tolerances" | Yves ALLAIN (X) |
Non-PRO (1): mchd
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Proposed translations
verbatim: "plain/simple tolerances"
This segment means that no part can deduce that something has become legal and accepted as an agreed term between both parts because it had been tolerated in the past. And this stands as an example of a situation that is contrary to the rule previously edicted: either a change has been agreed in writting or it's no enforceable term (acte bilatéral ou échange de lettres).
I think you've absolutely understood the situation but I don't agree with your "single" word. A tolerance must be repetitive to take chances with its enforceability. Therefore "single" can be misunderstood. A benevolent acceptance could raise issues and become enforceable, but not here.
In your example, the demand to terminate the contract is perfectly valid because the contract precisely states that any changes will be agreed in writing. A tacit tolerance is no written term.
I can't speek for other countries but such terms exist in French contracts to counter possible invocations of the enforceability of a usage tolerance.
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Note added at 23 hrs (2018-05-30 17:16:55 GMT)
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Sorry. I wrote "speeak" and deleted the wrong letter. "speak", of course.
Discussion