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No. IV.6.8 - (Re-) Negotiation Agreement / Clause (Pactum de negotiando)
(a) Under an agreement or contract clause requiring the parties to (re-) negotiate in good faith , both parties are legally obliged to cooperate in the (re-) negotiation process in an efficient manner, i.e. in a manner aimed at successfully negotiating a solution. This requires above all earnest efforts, flexibility and a willingness to consider the needs and interests of the other party. Principle No. IV.8.1 (c) applies accordingly.(b) Such agreements/clauses impose an obligation on the parties to make best possible efforts to reach an agreement within the framework of (a) above. They do not, however, require the parties to actually reach an agreement unless otherwise provided for in the agreement/clause.
(c) If the renegotiation of the contract relates to the adaptation of the price to be paid by one party for the performance of the other party, then - unless otherwise agreed by the parties - the result of the renegotiation process must reflect the initial economic equilibrium between the price and the value of the other party’s performance at the time of conclusion of the contract or at the time of the conclusion of the price agreement resulting from the last renegotiation process.
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