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 General Terms and Conditions for Online Marketing of the „Marbella-Deluxe.info“ Website. (GT&C-OM)


1. Subject matter and scope

1.1 These General Terms and Conditions (GT&Cs) are valid for all commercial relationships between LBFO Ltd. (Company No. 7474435), 126 Duckett St, London E1 4SY, UK (hereinafter referred to as LBFO) and advertising clients and advertising agencies (hereinafter referred to as the Client).

LBFO operates the following online Internet market places:

(including all related websites hereinafter referred to as the LBFO Website(s)).

Within the framework of these commercial relationships, LBFO shall provide clients with services in connection with the publication of online advertising material of all kinds (hereinafter referred to as online advertising). These General Terms and Conditions (GT&Cs) shall apply for placements of the Client's advertising material on the LBFO-websites, on other websites operated by LBFO now or in the future and in the email newsletter available to the users of these LBFO-Websites (hereinafter referred to as advertising space). The ad placements shall be agreed upon in the respective individual contracts between LBFO and the Client.

LBFO shall also be entitled to conclude contracts even with competitors of the Clients or advertising agencies at any time, also on the subject of online advertising.

1.2 General terms and conditions of the Client or other third parties shall have no validity, even if LBFOdoes not object to them expressly in individual cases.


2. Conclusion of contract

2.1 A contract between LBFO and the Client on the rendering of services in the online advertising segment shall come into being when LBFO accepts a written offer submitted by the Client on the basis of a proposal, always non-binding, from LBFO. The declaration of acceptance need not reach the Client. The specific individual contract in question shall contain the respective scope of performance and the contractual terms as harmonised with the circumstances of each individual case. If the provisions of an individual contract diverge from those of these GT&Cs, the provisions of the individual contract shall take precedence.

2.2 If the Client is an advertising agency, LBFO shall conclude the contract with it only if the advertising client for whom the agency is placing the ad with LBFO is specified by name. The same shall apply if the Client wants to conclude the contract with LBFO via an advertising intermediary not acting in his/her own name. In all cases, LBFO shall be entitled to demand from the advertising intermediary proof of his/her being instructed to carry out the transaction.

2.3 In the event of LBFO rejecting an offer from a client to conclude a contract concerning online advertising, LBFO shall notify the respective client of this without undue delay.


3. Duties of the Client

3.1 The Client must check the legality of the information, data, files, content and other material (hereinafter referred to as advertising material), including links to advertising material on other websites and shall assume sole responsibility for the legality of the advertising material made available for publication.

3.2 The Client shall be obliged to design and structure the advertising material in such a way that it does not infringe legal provisions, official prohibitions or public morality. In particular, the Client shall not deliver advertising material which

  • contains pornographic content;

  • constitutes an inadmissible offering;

  • constitutes an offering which impairs young people's development;

  • contains propaganda material or characteristics of unconstitutional organisations;

  • contains representations inciting hatred and violence against specific groups or glorifying violence;

  • incites racial hatred, glorifies war or promotes a terrorist organisation;

  • invites people to break the law;

  • contains insulting and/or defamatory remarks and/or representations;

  • is contrary to fair competition;

  • contains illegal content of some other kind, or is generally suited to damaging the reputation of LBFO or an affiliate of LBFO.

3.3 The Client shall ensure that the above are complied with and gives his assurance that the advertising material that it delivers is free of any third party rights which present an obstacle to use as defined by the contract and of any other third party rights, in particular trademark rights, patent rights or copyright. This refers particularly to the Client's being entitled to the rights of use (Item 7) to the advertising material supplied and intended for publication in accordance with this contract for the intended type of realisation.

3.4 The Client shall ensure that the above is complied with and gives his assurance that he is entitled to use any links to other content that may be integrated into his advertising material.

3.5 The Client undertakes to supply the advertising material necessary for the online advertising at his own expense up until such time as is agreed in the individual contract or – should no time be agreed in the individual contract – until no later than five working days before the agreed publication date, and in complete and perfect condition and in accordance with the contractual agreements. The Client undertakes to ensure that the advertising material is suitable for the agreed purposes, in particular for the screen presentation in the appropriate environment and that it is of the type and size agreed in the individual contract. The advertising must correspond to the technical specifications for DoubleClick DART that are relevant in each case. The Client can receive these from LBFO on request. Insofar as links are contained in the advertising material provided, the Client must indicate the respective target addresses (URL) of the links in advance. If the Client does not comply with the agreed date and the online advertising can be published only with a delay or not at all, this shall not impair LBFO's claim to the full payment of the agreed remuneration. In cases where it is no longer possible to publish the online advertising, LBFO must take into account amounts which it saves as a result of its exemption from performance or which it acquires or culpably fails to acquire as a result of the alternative use of the freed resources.

3.6 Each of the parties shall specify to the other party an employee of its own as the contact person for all questions that arise in connection with the rendering of the online advertising.

3.7 The Client is obliged to perform effective maintenance of the URLs he has specified to which the online advertising is intended to be linked for the duration of the online advertising placement period. He shall ensure that the Internet pages and documents to which links are provided can be accessed in accordance with the state of the art for the duration of the online advertising placement period. If one of the parties discovers a fault in the linking of the online advertising, it shall inform the other party of this without undue delay. LBFO can suspend the placement of the online advertising for the duration of the linking fault if this fault was caused by the Client.

3.8 If the Client performs his cooperation duties either only partly or not at all, LBFO's obligation to render those services that can be rendered either not at all or only at unreasonable additional expense without the fulfilment of the Client's cooperation duties shall be suspended for the duration of the Client's non-performance. Any additional expense resulting from the Client's non-performance of his cooperation duties must be paid by the Client in accordance with the prices agreed in the contract in question, or, if no prices are stipulated there, on a time basis in accordance with the general LBFO rates applicable at the time when the expense was incurred. Outlays must be reimbursed. In any event, any legal rights of LBFO to cancel or rescind the contract shall remain unaffected.


4. Services rendered by LBFO

4.1 LBFO undertakes, subject to these GT&Cs, to place the advertising material made available and specified for publication by the Client under the individual contract in question for the contractually agreed period in the advertising space that is determined in the individual contract. LBFO shall be entitled to edit the advertising material with regard to its format, size and technical properties insofar as LBFO regards this as necessary to present the advertising material on the LBFO Website and reasonable for the Client in consideration of LBFO’s interests. If LBFO regards it as necessary to edit the content of the advertising material (e.g. due to the illegality of some or all content), LBFO shall obtain the Client's consent to this course of action. Any delays in the rendering of LBFO’s services that result from this shall be the responsibility of the Client.

4.2 The placement of the online advertising shall be made only for the period agreed in the individual contract and/or until the maximum number of ad impressions (Internet users' visual contact with the online advertising), page impressions (retrievals of the Internet page on which the online advertising is placed) or ad clicks (Internet users' clicks on the online advertising) specified in that contract has been reached.

4.3 Insofar as LBFO has assured the Client that it will deliver a particular number of ad impressions, page impressions or ad clicks within a particular period for an item of online advertising and the number thus assured was not delivered in full during this period, LBFO shall be entitled, but not obliged, to carry on placing the online advertising in question and subsequently deliver the still missing number of ad impressions, page impressions or ad clicks. The deadlines for such delayed deliveries shall be coordinated with the Client taking the legitimate interests of both parties into account.
If the agreed number is not delivered subsequently within the period allowed for delayed delivery, the Client shall be entitled to reduce the remuneration proportionally for the ad impressions, page impressions and ad clicks that were not delivered.

4.4 The Client, notwithstanding any divergent agreement contained in the individual contract in question, shall have no claim to a placement of the advertising material in a particular part of the advertising space.

4.5 Insofar as the advertising material determined and handed over for publication by the Client is not clearly recognisable as advertising, LBFO shall be entitled to identify the material as advertising, and in particular to label it with the word "Advertisement" or similar indications and/or to separate it spatially from any editorial content also on hand in order to make clear its advertising character.

4.6 LBFO shall not be obliged to hand over the advertising material delivered for the realisation of the online advertising to the customer upon termination of the online advertising or to retain it.

4.7 LBFO shall not be obliged to create graphics or advertising copy for the Client. Insofar as LBFO renders services of this kind on the basis of an individual agreement in the respective individual contract, these services must be remunerated separately on the basis of the hourly rates agreed in the individual contract or, if no such agreements exist, on the basis of LBFO's currently valid hourly rates.

4.8 LBFO shall be entitled to postpone or cancel altogether an agreed date for the publication of an item of online advertising if a service within whose scope the publication is supposed to take place is not offered on the agreed date or if technical circumstances prevent publication on the agreed date, provided that LBFO were not responsible for such obstacles arising. If it is possible to postpone the placement until a later date, LBFO shall give due consideration to the Client's interests of which it is aware as far as is reasonable and possible.


5. Rejection or discontinuation of online advertising

5.1 LBFO shall be entitled to either wholly or partly reject advertising material submitted by the Client for publication if such material contains illegal or immoral content as defined by Item 3.2 or infringes the rights of third parties as defined by Item 3.3.

5.2 Item 5.1 shall also apply if the advertising material is not supplied to LBFO by the Client for the purpose of placement on the LBFO Website by LBFO, but is instead made available by the Client on a different ad server chosen by the Client and is integrated into the the LBFO Website only via a link. The Client may not alter or replace such advertising material without the prior consent of LBFO.

5.3 LBFO shall also be entitled, under the preconditions in Item 5.1, to remove either temporarily or permanently, either wholly or partly, advertising material already published, or in the case of Item 5.2 to disable the relevant link. This shall also apply if the Client subsequently alters advertising material that has already been published and the prerequisites in Item 5.1 have been satisfied.

5.4 If there is reasonable suspicion that the advertising material provided by the Client has illegal content as defined by Item 3.2 or infringes third party rights as defined by Item 3.3, LBFO shall be entitled to reject the online advertising or discontinue its publication until a statement has been made by the Client and the matter has been cleared up, or until the Client succeeds in dispelling the suspicion. A reasonable suspicion in this sense shall apply in particular when such a suspicion has been induced by official proceedings or by a criminal investigation or when there are comprehensible grounds for believing that such proceedings will soon be initiated. The same shall also apply if LBFO is requested by a third party to refrain from any further placement of the online advertising because it is illegal or immoral or infringes third party rights, provided that the third party's claim is not clearly, and for LBFO recognisably, unfounded. LBFO shall notify the Client of the rejection or blocking of the online advertising without undue delay and specify the reasons for this course of action.

5.5 Items 5.1 - 5.3 shall apply analogously if the advertising material provided and intended for publication by the Client contains links to illegal or immoral content as defined by Item 3.2 or to content that infringes third party rights as defined by Item 3.3.

5.6 LBFO also reserves the right to reject particular forms of online advertising on grounds of its content, its origins or its technical quality on the basis of uniform, factually justified principles if their placement is unreasonable for LBFO or to its affiliates.

5.7 There shall be no obligation for LBFO to check the advertising material or the links referred to by the advertising material, including the content of those links. Any checks carried out by LBFO shall not release the Client from his responsibility for the advertising material and/or the links referred to by the advertising material, including the content of those links.


6. Remuneration, settlement, taxes

6.1 The remuneration to be paid by the Client for LBFO's services shall ensue from the individual contract between LBFO and the Client that is agreed in each case.

6.2 Insofar as the remuneration is calculated on the basis of TCP (thousand contact price, calculated per 1000 page impressions or ad impressions) or per ad click (cost per click = CPC), LBFO shall inform the Client on request about the relevant number of ad impressions, page impressions or ad clicks and the click rate (= ratio of ad clicks to ad impressions or page impressions) for those LBFO Websites or newsletters on which the Client's online advertising is placed.

6.3 The sole authoritative factor for the counting of the quantity of ad impressions, page impressions or ad clicks delivered to the advertising client, as well as the click rate, shall be LBFO’s reporting activities (recorded by LBFO’s ad server). If the advertising client has counted divergent quantities of ad impressions, page impressions, ad clicks or click rates with its own ad server, these shall not be taken into account. This shall not apply if the counts by the Client and LBFO demonstrably differ by more than 10%. In such cases the parties shall come to an agreement on the counted quantity that is authoritative for the contractual relationship.

  1. If the relevant specialist departments are unable to agree within fifteen days on the definitive quantity counted, they shall refer the dispute to the parties' respective management bodies.

  2. If the parties' management bodies are unable to agree within a further fifteen days on the definitive quantity counted, the parties shall have recourse to an arbitration board to resolve the dispute in accordance with its arbitration rules as amended at the time the arbitration proceedings were initiated.

  3. The limitation of the right of action arising from the commercial situation being dealt with by arbitration shall be suspended from time of the arbitration request until the end of the conciliation proceedings.

  4. If one of the parties is dissatisfied with the arbitration decision made by the arbitration board, it can reject the arbitration board and assert its claims before a court.

6.4 Unless otherwise agreed in an individual contract, LBFO shall charge the agreed remuneration for the services rendered after the online advertising in question has come to an end. If the term of the online advertising is longer than one month or a monthly remuneration has been agreed, LBFO can charge the agreed remuneration at the end of the respective month. The agreed sum shall be payable on issue of the invoice and must be transferred without deductions to an account to be specified by LBFO within 14 (fourteen) days. If the Client fails to pay by the due date, the Client shall pay any dunning and processing costs incurred. In other respects, the legal provisions on default shall apply.

6.5 The Client may set off its own claims against claims by LBFO only if such claims have been recognised by declaratory judgment or are recognized.

6.6 LBFO reserves the right to grant individual clients a discount in writing when a particular booking volume has been reached.

  1. If the discount is granted on the basis of a booking volume to be achieved per month, the discount shall be included in the monthly invoice in question and granted for the entire monthly booking volume.
  2. If the Client is granted a discount in the event of its achieving a particular booking volume for a period longer than one month (e.g. one year), the Client, on achievement of the booking volume in question, shall receive the discount solely for the booking volume which exceeds the agreed limit.
  3. If the Client, in derogation of Item 6.6 (b), is granted a discount by LBFO at the time of the first ad booking on the basis that the Client, within a defined period, reaches a booking volume liable to an aggregate discount, the Client undertakes to pay back the amount saved via the discount if it proves unable to generate the originally agreed booking volume by the end of the agreed period.

6.7 LBFO shall not grant the discount arrangement specified above in the case of ad placement collectives. Ad placement collectives shall be held to apply when various companies operate together under a single advertising client's name or a single advertising agency when booking services from LBFO. This provision shall also apply if the different companies all belong to the same group. If the existence of an ad placement collective does not become known until LBFO has already granted a discount, LBFO can demand the repayment of the discount that had erroneously been granted.

6.8 All agreed prices are strictly net and must be paid plus the statutory rate of VAT to LBFO.


7. Granting rights of use

7.1 The Client hereby grants LBFO and the affiliates of LBFO, for the purposes of this contract and limited to the contractual term agreed in the respective individual contract, the non-exclusive, non-transferable, worldwide right, including the right to grant sublicenses to affiliates of LBFO, to integrate the advertising material handed over to LBFO within the scope of the online advertising activities into the LBFO Website(s) and newsletters agreed on an individual contractual basis, to present and publish it there and to make it accessible and transmit it to the general public and closed user groups via fixed and mobile communications networks in places and at times of their choice for the purpose of simultaneous or successive use – also readily retrievable – and to reproduce the advertising material for the above purposes. The above granting of rights shall also encompass, in particular, the right to use the advertising material:

  1. within the scope of telecommunications, tele- and media services, (e.g. online services, electronic push-and-pull services such as email, SMS, MMS);
  2. in each case including all digital and analogue transmission and retrieval technologies, particularly via cable, radio, fixed and mobile satellite networks and microwaves using all methods (in particular GSM, GPRS, UMTS, WAN, LAN, WLAN, broadband, etc.);
  3. utilising all protocols and languages (in particular TCP-IP, IP, HTTP, WAP, HTML, c-HTML, XML etc.);
  4. including reproduction, downloading and storing on any receiver equipment such as, in particular, stationary and mobile computers, television sets, set-top boxes, (hard-disk) video recorders, mobile phones and personal digital assistants (PDAs);
    and including
  5. the right to edit the advertising material in accordance with the provisions of this contract and to use these edited versions in accordance with this Item 7 and
  6. the database right, in particular the right to record the relinquished advertising material and edited versions of that material in machine-readable form and store it electronically in an inhouse database, even if this does not serve the database operator's own use.

7.2 The above granting of rights also refers, in particular, to existing copyrights and ancillary copyrights applicable to the advertising material, privilege as to one's own image, rights to bear names and titles, trademark rights and other identification rights.


8. Indemnity against claims by third parties

Insofar as third parties, including organs of the state (e.g. prosecuting authorities), assert claims against LBFO and/or affiliates of LBFO on grounds of an infringement (a) of industrial property rights (e.g. patent or trademark rights), copyright or other rights (e.g. privilege as to one's own image) or (b) legal provisions (e.g. criminal law, youth protection law, unfair competition law) as a result of the use in conformity with the contract of the advertising material provided and intended for publishing in the online advertising campaign by the Client and/or as a result of the content of the Internet pages and documents to which this advertising material was linked in accordance with the URLs specified by the Client, the Client undertakes to exempt LBFO and/or the affiliate of LBFO fully from these claims (in the amount of the ordered fine or pecuniary penalty ordered in the case of infringement of public regulations) and from the reasonable costs of a legal dispute and legal defence (including costs of legal advice and representation). LBFO and/or the affiliate of LBFO undertakes not to acknowledge third party claims of this kind without the Client's consent and not to reach any settlement on the matter in question with the third party. The Client, however, may refuse his consent only for good cause. This obligation to exempt shall not apply if the Client was not responsible for the infringement as per items (a) or (b). The limitations on liability in Item 10 shall not apply for this obligation to exempt. Any compensation claims asserted on grounds of loss or damage going beyond this shall remain unaffected by the above.


9. Warranty / Force majeure

9.1 LBFO shall make the LBFO Websites available for the online advertising in accordance with the current state of the art.

9.2 LBFO shall restrict the availability of the LBFO Websites temporarily if this is required in respect of capacity limits, the security or integrity of the servers or in order to carry out technical measures, and if this serves the proper or improved rendering of the services (maintenance work). In such cases, LBFO shall take account of the Client's legitimate interests, e.g. by providing advance information.

9.3 All of the services offered on the Internet can be impaired by, in particular, technical circumstances, failures of productivity and/or connections, hardware and software defects and the influence of third parties whose actions cannot be attributed to LBFO (e.g. as a result of viruses or services attacks). The parties are agreed that breakdowns and/or faults in the rendering of services caused by such occurrences for which LBFO were not responsible shall not constitute any rights for the Client.

9.4 Each of the two parties shall be released from its obligations to perform if the rendering of their performance temporarily becomes impossible on grounds of force majeure. Force majeure shall be regarded as all events which, even with the utmost care that can reasonably be expected, could not be foreseen and averted by the party prevented from rendering the performances in question, e.g. war, civil disorders, natural disasters, fire, sabotage by third parties, and strikes in areas for whose smooth functioning the affected party is not responsible. The release from obligations to perform shall apply only for the duration of the hindrance. If it is no longer possible for LBFO to render the services at a later date when the hindrance has ceased to apply (e.g. because the booked placements have then been booked by another client), or if the hindrance through force majeure lasts longer than fourteen days, each of the two parties shall be entitled to cancel the individual contract in question without notice or withdraw from it for good cause.

9.5 The Client shall be obliged to check the online advertising without undue delay after its publication and to notify LBFO in writing of any discernible errors without undue delay but no later than one week after publication. If the Client fails to provide notification in this way, the online advertising shall be regarded as approved in accordance with the contract, unless the error was not discernible at the time of the check. If an error in the online advertising becomes apparent at a later date, the Client must give notification of it without undue delay upon its discovery, otherwise the online advertising shall be deemed approved even in consideration of this error.


10. Liability

10.1 The parties shall be liable vis-à-vis one another for loss or damage in accordance with the relevant legal provisions, except in the case of violations of material contractual duties, only if and insofar as the parties, their legal representatives, senior employees or other vicarious agents are guilty of intent or gross negligence. If material contractual duties are violated, the parties shall be held liable for all culpable behaviour by the parties, their legal representatives, senior employees or other vicarious agents. Contractual duties are considered Material contractual duties if their performance is essential for the proper fulfilment of the contract, if the partner may reasonably rely on their fulfilment and if their breach endangers the attainment of the purpose of the agreement.

10.2 Except in the case of intent or gross negligence by the parties, their legal representatives, senior employees or other vicarious agents, the liability of the parties as regards the amount shall be limited to the loss or damage typically incurred in transactions of this kind that could be foreseen when the contract was concluded.

10.3 Except in the case of intent or gross negligence by the parties, their legal representatives, senior employees or other vicarious agents, the liability of the parties for indirect loss or damage, particularly lost profits, shall for each damaging event be restricted to the amount of remuneration that the Client was obliged to pay LBFO for online advertising during the last six months preceding the damaging event.

10.4 The exclusions of liability and restrictions specified above shall not apply if the parties assume explicit guarantees; in the event of fraudulent concealment of defects; for damage arising from loss of life, bodily injury or damage to health; or if other mandatory legal provisions apply.


11. Confidentiality

11.1 The parties undertake to treat as strictly confidential during the term of this contract and for three years after its termination all information received from the other party about its affairs and all information that comes to their attention relating to the other party in connection with the implementation of this agreement, particularly customer and product data, technical data such as computer programs and interfaces, and financial data such as the other party's sales figures, margins and purchasing terms ("confidential information"), to use it only for the purpose of implementing this contract and not to make it accessible to third parties. The content of this agreement, too, must be treated confidentially. Each of the parties is obliged to consult the other party if any doubts emerge as to whether a specific piece of information is to be treated confidentially. With regard to the secrecy of confidential information, the receiving party shall exercise the same care and use the same safeguards that it uses to protect its own confidential information of the same kind and at least the level of care as is usual in the ordinary course of business. In doing so it shall, in particular, take adequate steps to protect confidential information against unauthorised disclosure, reproduction and use.

11.2 This obligation to observe confidentiality shall not apply to information (a) which was demonstrably already known to the receiving party when it was disclosed or (b) was already generally obvious at this time, or to information (c) for which the receiving party proves that it has received this information from a third party without any obligation to observe confidentiality after this contract was concluded, on condition that this third party for its part did not infringe an obligation to the disclosing party to observe confidentiality by passing on the information, (d) in respect of which the receiving party proves that this information became generally obvious through no fault of the party in question after the contract was concluded or (e) must be disclosed on grounds of mandatory legal provisions, a non-appealable court judgment or an official order. LBFO shall be entitled to forward the Client's confidential information to affiliate of LBFO for the purpose of implementing this contract.

11.3 The parties shall not publish any press information, press releases, interviews or other public statements in respect of the planned cooperation, or make them available to third parties, without the prior written (also via email) consent of the other party. Each party may exercise its complete discretion in granting such consent.


12. Limitation

All claims of the Client against LBFO which arise from this contractual relationship with LBFO shall become statutebarred after one year, starting with the end of the year in which the claim first arose and the Client became aware of the circumstances that justify the claim or must have become aware of them without gross negligence. This shall not apply in the case of any liability of LBFO on grounds of intent.


13. Miscellaneous

13.1 All agreements reached at the time of the contract being concluded or thereafter which diverge from the provisions of these GT&Cs, as well as the cancellation of individual contracts that were concluded, must be made in writing to be effective. This shall also apply to an annulment or waiver of the written form requirement. The parties are agreed that signed declarations sent by fax shall also satisfy the written form requirement. In particular, all individual contracts can also be sent by fax to LBFO. Unless otherwise agreed, all other notifications within the scope of the implementation of this contract can be sent by email (to the email addresses specified to each other by the parties for these purposes). Verbal agreements and communication by telephone, on the other hand, shall not be sufficient.

13.2 The Client shall be entitled to assign claims from its contractual relationship with LBFO only after receiving prior written consent from LBFO.

13.3 The Client hereby declares its agreement that LBFO can at any time transfer its rights and obligations arising from this contract either wholly (assumption of contract) or partly to a company affiliated to LBFO. If the Client's legitimate interests are impaired by such a transfer, the Client can cancel this contract without notice as of the date when the transfer comes into effect.


14. Applicability of british law, place of jurisdiction

14.1 These GT&Cs, together with all the individual contracts concluded between LBFO and the Client, shall be governed solely by the law of England to the exclusion of the UN Sales Convention (Vienna, 1980).

14.2 The sole place of jurisdiction – insofar as the Client is a merchant, a legal entity under public law or a special fund under public law, or has no general place of jurisdiction in England – shall be London.

15. Severability clause

Should one or more provisions of this contract be or become invalid or ineffective, this shall not impair the effectiveness of the remaining provisions. The parties shall enter good faith negotiations with the objective of replacing an ineffective provision of this kind with an effective provision which corresponds to what the parties would have agreed upon, in terms of the contractual purpose, if they had been aware of the ineffectiveness of this provision when the contract was being concluded. The same shall apply to any gaps or loopholes in the provisions.

As per January 2011


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