Sentences with phrase «agreement fee clause»

It did prevail eventually, but the trial judge concluded no fee recovery was allowable because the assertion of an affirmative defense did not fall within the definition of the option agreement fees clause allowing recovery when «an action» or «a proceeding» was brought.

Not exact matches

Ally's account agreement avoids every practice that Pew considers potentially harmful to bank customers, including complex language, excessive overdraft fees and arbitration clauses.

# 8 Funniest Clause from the Competitor's Contract — We may, in our sole discretion, at any time, and without notice to you remove, or refuse to list or distribute any Content on or from any sales channel, but you will remain liable for all fees and other amounts that you may owe under this Agreement in connection with any Title or Promotional Clip we remove because of a violation of this Agreement or our Content Guidelines.

Now, I'm no expert in contracts, but when I see a written agreement that includes no advance payment to the author, a 50/50 split of royalties AFTER a muddled clause about subtracting fees for costs that may or may not include promotion, marketing, set - up fees, and even printing fees, with lifetime ownership of the copyright, I think SCAM.

You can do this by reading and understanding the clauses about fees and charges, interest rates, repayment conditions, and other costs that might happen, before signing any loan agreement.

When investors enter into an option agreement they may also have to pay legal fees, commission payments and payments to the development company that may not be refunded if a sunset clause is triggered.

The lower court then found that seller was the prevailing party and awarded him $ 456,032.50 in attorney's fees and $ 21,057.35 in costs based on a fees clause in the real estate purchase agreement.

The new Bloomberg BNA product includes Draft Analyzer, a patented technology that helps attorneys find precedents, provides language for agreements and compare documents; Deal Analytics, which enables attorneys to search Bloomberg LP data for public and private mergers and acquisitions, filtering them by size, industry, advisers, fees and other criteria; and In Practice, a set of checklists, timelines, sample forms and clauses to guide attorneys through the transaction process.

You'll want to include details like: the broker's name; who's requesting the broker's services; whether the broker will be finding goods or services; whether the broker will be making introductions, or be involved in the details of the transaction; whether the broker has the licenses and certifications required by the intended industry; the duration of the agreement; any exclusivity or non-circumvention clauses; whether payment depends on the transaction's success; and how the broker's fee will be determined and paid.

Mr. Fernback suggested that TVC would render invoices for fees working within a «budget» of $ 75,000.00 per year, would charge GST, and that the agreement would have a 30 - day termination clause.

I'll let you find out for yourselves exactly what's on offer, but here's the gist of it, according to Bloomberg BNA: The new Bloomberg BNA product includes Draft Analyzer, a patented technology that helps attorneys find precedents, provides language for agreements and compare documents; Deal Analytics, which enables attorneys to search Bloomberg LP data for public and private mergers and acquisitions, filtering them by size, industry, advisers, fees and other criteria; and In Practice, a set of checklists, timelines, sample forms and clauses to guide attorneys through the transaction process.

The defense was then awarded over $ 1.79 million against plaintiff based on a fees clause in a written Stock Purchase Agreement.

The ABA opinion noses around suggesting such a fee agreement clause, but never quite gets there.

We have blogged on many cases that underscore this truth, but the next case does it emphatically in the context of a settlement agreement with a clear fees clause.

The application judge found that the two - member firm partnership had been dissolved and declared the restrictive covenant unenforceable as a penalty, but directed a trial of an issue to determine the damages payable by the appellant as a result of a breach of the portion of the portion of the covenant he found valid and severable — the withdrawal having triggered a clause in the agreement which called for the reduction of the withdrawing partner's capital account «by 500 % of the average fees billed by the firm to clients who transfer to the withdrawing partner within 24... Read More

Other than the percentage fee being charged, a Contingency Fee Agreement will also have numerous other clauses that could impact your net recovefee being charged, a Contingency Fee Agreement will also have numerous other clauses that could impact your net recoveFee Agreement will also have numerous other clauses that could impact your net recovery.

The application judge found that the two - member firm partnership had been dissolved and declared the restrictive covenant unenforceable as a penalty, but directed a trial of an issue to determine the damages payable by the appellant as a result of a breach of the portion of the portion of the covenant he found valid and severable — the withdrawal having triggered a clause in the agreement which called for the reduction of the withdrawing partner's capital account «by 500 % of the average fees billed by the firm to clients who transfer to the withdrawing partner within 24 months of the withdrawal date».

There, a cross-defendant Bank obtained a summary judgment against a cross-complainant, which was not a signatory under a construction loan agreement with a narrow fees clause relating only to the loan agreement.

Both the original lease and a settlement agreement had fees clause, so defendants moved for recovery of fees under Civil Code section 1717.

Protect Your Investment with a Rental Cancellation Policy - Having a cancellation clause in your agreement will allow you to collect a cancellation fee and return only a portion of any payment made if the lease is canceled too close to the rental date.

The lower court did issue an advisory ruling that, if Civil Code section 1717 applied based on a fees clause in the contingency agreement with client, that client did prevail.

Posted at 11:17 AM in Cases: Fee Clause Interpretation, Cases: Quantum Meruit, Cases: Retainer Agreements Permalink

Justin Wolosz and Jesse Siegel wrote «Putting Fee - Shifting Agreements Inside Arbitration Clauses,» in Appellate Law360, where they discuss the recent Beacon Towers Condominium Trust v. Alex case.

It only applies to the merchants which are already referred and are mutual clients of Company and Provider, but if the agreement was terminated would not the Provider want to switch to a different merchant company and take their clients with them, and in a case like this the Partner would have to refuse service to the client in order to avoid the clause, and yet if the client chose to use a company which is partnered with the Partner then, even though the Partner did not «solicit» them to switch, it would appear that the Partner is held liable for the solicitation of the switch and the thirty times fee would come in to effect.

Opposing attorneys were granted fees under a contractual fees clause in an operative settlement agreement between some of the parties (although the provision could encompass even another non-party attorney to the settlement agreement).

It is the single most used clause in our own joint custody agreement and has won more contempt issues and attorney's fees from my ex-wife than any other clause in our custody agreement.

The listing agreement also contained a clause awarding attorney's fees to the prevailing party in the event of any litigation.

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.»

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.

He argued that a protection clause in the listing agreement entitled him to a commission, and the listing agreement also entitled him to an award of attorney's fees.

Many brokerages bury arbitration clauses in their Fee Agreements (aka Buyer Representation Agreements) and their clients unwittingly sign them (another reason to avoid large brokerage firms).

Sotheby's International Realty, Inc. v. Dunemere Assoc. Real Estate (275 A.D. 2d 318)- co-broker entitled to commission from listing broker where written co-exclusive brokerage agreement was orally extended as confirmed by their sworn statements and conduct; listing broker obligated to pay reasonable attorney's fees to owner pursuant to indemnification clause in written listing agreement

Many brokerages bury arbitration clauses in their Fee Agreements (aka Buyer Representation Agreements) and their clients unwittingly sign them.

These clauses are often buried in the Realtor's Fee Agreement and often not disclosed by lenders until it is too late.

The listing agreement also contained a clause that the prevailing party in any litigation would recover its attorney's fees.

Do for sale by owner websites earn their several hundred dollars plus worth of fees for simply paying $ 50 dollars or so a month for a web site, supplying a sign worth $ 15, and providing clauses and agreements of purchase and sale that can be freely downloaded from many a lawyer web site?