The Apple
Agency Agreements contained two primary features that assured Publisher Defendants of their ability to wrest pricing control from retailers and raise e-book retail prices above $ 9.99.
Second, the Apple
Agency Agreements contained pricing tiers (ostensibly setting maximum prices) for e-books — virtually identical across the Publisher Defendants» agreements — based on the list price of each e-book's hardcover edition.
The final version of the pricing tiers in the Apple
Agency Agreements contained the $ 12.99 and $ 14.99 price points for bestsellers, discussed earlier, and also established prices for all other newly released titles based on the hardcover list price of the same title.
Not exact matches
The
agreement also
contains language enabling
agencies to move forward with research on the causes of gun violence.
It is interesting to note that Federal law was specifically altered in 1984 to strike reference to patent
agreements between fellows and government funding
agencies (35 USCS 212): «No scholarship, fellowship, training grant, or other funding
agreement made by a Federal
agency primarily to an awardee for educational purposes will
contain any provision giving the Federal
agency any rights to inventions made by the awardee.»
-- An
agreement under paragraph (1) shall require that not later than 4 years after the date of enactment of the SBIR / STTR Reauthorization Act of 2010, and every 4 years thereafter, the National Research Council shall submit to the head of the
agency entering into the
agreement, the Committee on Small Business and Entrepreneurship of the Senate, and the Committee on Small Business of the House of Representatives a report regarding the study conducted under paragraph (1) and
containing the recommendations described in paragraph (1).».
g. Raised the retail prices of their newly released and bestselling e-books to the agreed prices — the ostensible price caps —
contained in the pricing schedule of their Apple
Agency Agreements.
d. Declare null and void the Apple
Agency Agreements and any
agreement between a Publisher Defendant and an e-book retailer that restricts, limits, or impedes the e-book retailer's ability to set, alter, or reduce the retail price of any e-book or to offer price or other promotions to encourage consumers to purchase any e-book, or
contains a retail price MFN;
Among the relief requested by the department in the lawsuit is the nullification of the Apple
Agency Agreements and «any
agreement between a Publisher Defendant and an ebook retailer that restricts, limits, or impedes the ebook retailer's ability to set, alter or reduce the retail price of any ebook or to offer price or other promotions to encourage consumers to purchase any ebook, or
contains a retail price MFN (most favored nation status.)
(1) Before executing a contract or
agreement with or receiving money or other valuable consideration from a buyer, a credit services organization shall provide the buyer with a written statement
containing: (a) A complete and detailed description of the services to be performed by the credit services organization for the buyer and the total cost of the services; (b) A statement explaining the buyer's right to proceed against the surety bond or surety account required by section 45 - 805; (c) The name and address of the surety company that issued the bond or the name and address of the depository and the trustee and the account number of the surety account; (d) A complete and accurate statement of the buyer's right to review any file on the buyer maintained by a consumer reporting
agency as provided by the Fair Credit Reporting Act, 15 U.S.C. 1681 et seq.; (e) A statement that the buyer's file is available for review at no charge on request made to the consumer reporting
agency within thirty days after the date of receipt of notice that credit has been denied and that the buyer's file is available for a minimal charge at any other time; (f) A complete and accurate statement of the buyer's right to dispute directly with the consumer reporting
agency the completeness or accuracy of any item
contained in a file on the buyer maintained by the consumer reporting
agency; (g) A statement that accurate information can not be permanently removed from the files of a consumer reporting
agency; (h) A complete and accurate statement of when consumer information becomes obsolete and of when consumer reporting
agencies are prevented from issuing reports
containing obsolete information; and (i) A complete and accurate statement of the availability of nonprofit credit counseling services.
The FTC's
agreement containing consent order is the first of its kind by the
agency against a mobile app provider.
The offer letter
contained a paragraph that said that he would have to sign a «clawback»
agreement which would require that, if my husband left the job, he would have to pay back to the employer the fees it paid to a recruitment
agency.
When the negotiation process is complete, an amended adoption assistance
agreement containing the new terms and effective date of the benefits is prepared by the
agency for the family's review, approval, and signature.
The Seller instructs the LISTING Brokerage to solicit any and all offers on the subject property, from any Purchaser represented under a duly authorized BUYER REPRESENTATION
Agreement (EXCLUSIVE OF DUAL
AGENCY) and the Seller further hereby Agrees to include in the final negotiated selling price an amount equal to the Buyers obligations
contained in such Buyer Representation
Agreement.»
Regarding the authors following statement: «Among other things, the Listing Contract, the Exclusive Buyer
Agency Contract, the Buyer Agency Acknowledgement Form and the various Fee Agreements all contain clauses that modify the explicit duties agency law imposes.&
Agency Contract, the Buyer
Agency Acknowledgement Form and the various Fee Agreements all contain clauses that modify the explicit duties agency law imposes.&
Agency Acknowledgement Form and the various Fee
Agreements all
contain clauses that modify the explicit duties
agency law imposes.&
agency law imposes.»
Among other things, the Listing Contract, the Exclusive Buyer
Agency Contract, the Buyer Agency Acknowledgement Form and the various Fee Agreements all contain clauses that modify the explicit duties agency law im
Agency Contract, the Buyer
Agency Acknowledgement Form and the various Fee Agreements all contain clauses that modify the explicit duties agency law im
Agency Acknowledgement Form and the various Fee
Agreements all
contain clauses that modify the explicit duties
agency law im
agency law imposes.
79 DOS 99 Matter of DOS v. Pagano - disclosure of
agency relationships; failure to appear at hearing; proper business practices; unauthorized practice of law; unearned commissions; vicarious liability; fraudulent practice; jurisdiction; ex parte hearing may proceed upon proof of proper service; DOS has jurisdiction after expiration of respondents» licenses as acts of misconduct occurred and the proceedings were commenced while the respondents were licensed; licensee fails to timely provide seller client with
agency disclosure form prior to entering into listing
agreement and fails to timely provide
agency disclosure form to buyer upon first substantive contact; broker fails to make it clear for which party he is acting; broker violates 19 NYCRR 175.24 by using exclusive right to sell listing
agreement without mandatory definitions of «exclusive right to sell» and «exclusive
agency»; broker breaches fiduciary duties to seller clients by misleading them as to buyer's ability to financially consummate the transaction; broker breaches his fiduciary duty to seller by referring seller to the attorney who represented the buyers when he knew or should have known such attorney could not properly protect seller's interests; improper for broker to use listing
agreements providing for broker to retain one half of any deposit if forfeited by buyer as such forfeiture clause could, by its terms, allow broker to retain part of the deposit when broker did not earn a commission; broker must conduct business under name as it appears on license; broker engaged in the unauthorized practice of law in preparing contracts for purchase and sale of real estate which did not
contain a clause making it subject to the approval of the parties» attorneys and were not a form recommended by a joint bar / real estate board committee; broker demonstrated untrustworthiness and incompetency in using sales contract which purported to change the terms of the listing
agreement to include a higher commission; broker demonstrated untrustworthiness and incompetency in using contracts of sale which were unclear, ambiguous, vague and incomplete; broker failed to amend purchase
agreement to reflect amendment to increase deposit amount; broker demonstrated untrustworthiness in back - dating purchase
agreements; broker demonstrated untrustworthiness in participating in scheme to have seller hold undisclosed second mortgage and to mislead first mortgagee about the purchaser's financial ability to purchase; broker demonstrated untrustworthiness by claiming unearned commission and filing affidavit of entitlement for unearned commission; DOS fails to establish by substantial evidence that respondent acted as undisclosed dual agent; corporate broker bound by the knowledge acquired by and is responsible for acts committed by its licensees within the actual or apparent scope of their authority; corporate and individual brokers» licenses revoked, no action taken on application for renewal until proof of payment of sum of $ 2,000.00 plus interests for deposits unlawfully retained
The
agreement to modify or eliminate duties must either be
contained in a written service
agreement (e.g. a listing contract, buyer
agency contract, or limited dual
agency agreement), or in a written disclosure (e.g. a Working with a Realtor ® brochure).
The
agreement to designate agents must either be
contained in a written service
agreement (e.g. a listing contract or buyer
agency contract), or in a written disclosure (e.g. a Working with a Realtor ® brochure).
Pahud: Template wording has gone out that fairly much mirrors the Consent
Agreement and
contains the language of the new
agency pillar.
In California, for example, exclusive buyer's broker
agreements contain verbiage that allows dual
agency, so most buyers don't realize their buyer's broker could be subject to dual
agency.