In 1995 A Renegotiation Of The General Agreement

4 In a given renegotiation procedure, none of these obligations claim exclusive validity. Rather, it is a starting point for determining what is being asked of the parties in each particular case, examining the nature of the contract and the combined effect of its provisions and the nature of the risks involved. Proposals for concrete and reasonable adjustment instead of mere general declarations of readiness, continued efforts to reach an appropriate agreement over a reasonable period of time, 6 A party`s liability for damages caused by a breach of the renegotiation can only be accepted in exceptional cases. Again, the specific legal nature of this obligation must be taken into account. A simple non-agreement does not, in itself, constitute a breach of duty. Instead, it is considered that it is proven that the non-convention is due to a serious breach of the other party`s obligations. That could be the case, for example. B, where proceedings are unjustifiably delayed or if negotiations are deliberately obstructed or if a party`s proposals are clearly rejected for reasons other than the normal judgment of the companies. It is only in these circumstances that a reasonable person can be considered to have made more effort in a comparable situation. 5 Balancing different factors is governed by the principle of good faith and, in particular, by the resulting conceptions of fairness and adequacy. One party will therefore be less demanding if the other party does not take steps to support the negotiation process. This is evident from the idea of cooperation as a distributor of legislation, on which most of the above obligations are based. The idea of an asymmetrical distribution of information must also be taken into account when balancing.

Therefore, the obligation for one party to make its own proposals during the renegotiation process is proportionately less, since the other party is better able to find a solution because of technical conditions or the distribution of risks in the treaty. Timing also plays a role in defining the negotiating obligations of the parties. Therefore, the longer the negotiations continue, the greater the obligation to propose concrete solutions. In light of the prior contractual practice between the parties, taking into account the interests of the other party, the concern to maintain the value for money taking into account the parameters deemed relevant by the parties, react immediately to the other party`s offers of accommodation, show a willingness to compromise sincerely, indicate the appropriate reasons for their own adjustment proposals, find appropriate and appropriate adjustment solutions, respect the other provisions of the treaty, avoid unnecessary delays in the consensus procedure.

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