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THE either party hereto

English translation: either party (hereto)

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
English term or phrase:THE either party hereto
Selected answer:either party (hereto)

10:29 Jul 19, 2005
English language (monolingual) [PRO]
Law/Patents - Law: Contract(s) / non-disclosure agreement
English term or phrase: THE either party hereto
Non - disclosure agreement

Nothing in this Agreement or in any disclosure of the Confidential Information hereunder shall be construed as .... (5) prohibiting *the*either*party*hereto* from proceeding independently to develop services or products competitive with those involved herein, provided, however, that such services or products are not developed under the Confidential Information; and/or (6) prohibiting *the*either*party*hereto* from associating themselves with competitors of the purposes substantially similar to those involved herein.

Is there any difference between 'THE either party hereto' and 'either party'?

Thank you for your help!
Carsten Mohr
Germany
Local time: 01:34
I think "the " is redundant here
Explanation:
@

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Note added at 3 mins (2005-07-19 10:33:03 GMT)
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you can omit, \"the\"
Selected response from:

Andrey Belousov (X)
United States
Local time: 19:34
Grading comment
thank you!
4 KudoZ points were awarded for this answer



SUMMARY OF ALL EXPLANATIONS PROVIDED
4 +9I think "the " is redundant here
Andrey Belousov (X)
2the other party hereto
Andy Watkinson


Discussion entries: 1





  

Answers


2 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +9
the either party hereto
I think "the " is redundant here


Explanation:
@

--------------------------------------------------
Note added at 3 mins (2005-07-19 10:33:03 GMT)
--------------------------------------------------

you can omit, \"the\"

Andrey Belousov (X)
United States
Local time: 19:34
Native speaker of: Russian
PRO pts in category: 16
Grading comment
thank you!

Peer comments on this answer (and responses from the answerer)
agree  lindaellen (X)
3 mins
  -> Thank you! :)
agree  hirselina: As I said, yes.
3 mins
  -> Thank you! :)
agree  Ulrike Kraemer
15 mins
  -> Thank you! :)
agree  flipendo
26 mins
  -> Thank you! :)
agree  jennifer newsome (X)
1 hr
  -> Thank you! :)
agree  Tony M: Yes, it's very old fashioned legalese for 'either of the parties hereto...'
1 hr
  -> Thank you! :)
agree  Richard Benham
3 hrs
  -> Thank you! :)
agree  Andy Watkinson
4 hrs
  -> Thank you! :)
agree  Alfa Trans (X)
19 hrs
  -> Thank you! :)
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1 hr   confidence: Answerer confidence 2/5Answerer confidence 2/5
the either party hereto
the other party hereto


Explanation:
Another possible explanation is that it's a mistake for "the other party hereto".

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Note added at 4 hrs 26 mins (2005-07-19 14:56:13 GMT)
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Carsten, please disregard this answer - it\'s wrong.

Dusty\'s right when he says it\'s a rather old fashioned term used instead of just \"either party\".

Now he\'s mentioned it I do remember seeing it on occasions and Google will provide 544 hits from US/UK sites.

Wish me better luck next time ;-)))

Andy Watkinson
Spain
Local time: 01:34
Specializes in field
Native speaker of: Native in EnglishEnglish

Peer comments on this answer (and responses from the answerer)
agree  cmwilliams (X)
5 mins
disagree  Tony M: And the last occurence mentions 'themselves', which would incline slightly more towards the 'either' reading, I feel / Fair comment --- but I don't think we should start off by assuming an error...
33 mins
  -> Hi Dusty. Quite right. Though the use of the def. article is not so much redundant but "old fashioned", as you say. (But still in use)
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