How binding is
the standard clause in a settlement contract, a.k.a. minutes of settlement, that requires the parties to attempt mediation or a 4x negotiation meeting before being allowed to bring a court application?
This practice is called the «universal default» clause and increasingly is becoming
a standard clause in credit card agreements.
Standard clause in every proposal that we file says that you can fall two payments into arrears and there really are no consequences.
This option is called a «Subject to Sale Offer» and considered
a standard clause in most markets, except really hot markets where competition can heat things up.
Christian was later fired by MuscleTech because of
a standard clause in all MuscleTech contracts that prohibits the discussion of anabolic steroids.
In many cases, the party that has conduct of sale in the foreclosure requires that many of
the standard clauses in a Contract of Purchase and Sale be amended.
Not exact matches
One of the best examples ever of this comes from the the truly excellent band Van Halen, and why it included a
clause banning brown M&M s from its phone book - length
standard concert contract
in the 1980s.
As is the industry
standard, Dave Dombrow is expected to sit out for a full year due to his non-compete
clause, and begin design work at Nike
in 2017.
But Schroepfer counter claimed that this was not an NDA but just a «
standard confidentiality
clause»
in the agreement to certify Kogan had deleted the Facebook data and its derivatives.
Added sugars were calculated for each food and beverage item on the basis of the definition for added sugars
in clause 1 of
standard 2.8.1 of the Australia New Zealand Food Standards Code (23).
AFAIK Rooney is still on the highest paid
standard contact at # 250k, Ibrahimovich could've been on more, but no one knows as apparently it had all sorts of
clauses in it — so Alexis will be asking for 150k more than anyone else
in the EPL.
The 22 - year old has made no secret about wanting a transfer to the Premier League or Spain's La Liga, but that will be a lot more difficult, or at least more expensive, as the Evening
Standard have reported that his club Sporting Lisbon have placed a release
clause of over # 35 million
in the contract of their young star.
Quinn pointed out the
clause in the
standard baseball major league contract which forbids such extracurricular activity, and said no.
Today, the
Standard reports that Kaboul could be offloaded to Lazio providing the Musaccheo deal goes through although that may now be
in doubt due to a reported argument over a sell on
clause.
All academies established prior to 2010 already have
clauses in their funding agreement that require them to comply with the national
standards for school food.
It may be that there is not the same sort of cancellation
clause in the Mayor's contract with Barclays that must be
standard in contracts between celebrities and sponsors.
More pressure was placed on the government to retreat on the original
clauses of the parliamentary
standards bill as debate continued
in the Commons this afternoon.
-- If the Secretary fails to complete a rulemaking
in accordance with
clauses (i) through (iv) or if the final rule does not produce savings that are greater than or equal to the savings from a minimum efficacy
standard of 45 lumens per watt, effective beginning January 1, 2020, the Secretary shall prohibit the manufacture of any general service lamp that does not meet a minimum efficacy
standard of 45 lumens per watt.
Federal District Judge Lawrence J. O'Neill, Eastern District of California, ruled on Thursday that the State of California's Low Carbon Fuel
Standard (LCFS) program is
in violation of the Commerce
Clause of the US Constitution and issued an injunction prohibiting its enforcement.
Since the data protection laws outside the EU are generally less severe than
in the EU, Apollo Solutions transfers personal data to processors approved by the EU Commission who have
standard contractual
clauses and are obliged to take all necessary measures to protect personal data according to EU
standards.
Since the data protection laws outside the EU are
in general less strict than
in the EU, Apollo and Lionentry have signed
standard contractual
clauses adopted by the European Commission for the transfer of personal data to contracting processors
in third countries,
in order to ensure the protection of personal data at EU
standards.
Provides reading phase: opportunity to look
in depth how poets: - Manipulate grammatical structures for deliberate effect - Use precise noun and verb choices to create atmosphere - Use High Level punctuation at the KS2 Greater Depth
Standard for deliberate effect (Hyphens, dashes, commas to separate
clauses and semi colon.)
In states that have rejected adequacy suits, the courts» analyses have hinged on the inherent arbitrariness of finding a specific
standard and the unconstitutionality of applying a static interpretation on
clauses whose meaning must evolve.
Academies founded between 2010 and June 2014 have no such
clause written
in their agreement, but are being encouraged to sign up voluntarily to the national school food
standards.
ACADEMIES All academies established prior to 2010 already have
clauses in their funding agreement that require them to comply with the national
standards for school food.
All academies established prior to 2010 already have
clauses in their funding agreement that require them to comply with the national
standards for school food.
With colleagues at AAA and the expertise of the legal department, she led the creation of
standard contract
clauses to provide contracts
in the best interest of the organization.
Just because using adverbial
clauses is part of a Grade 9 - 10
standard does not mean that it will be taught on the same day or even the same year
in Florida and
in Massachusetts.
-» (A)
IN GENERAL. - To be eligible for assistance under this chapter, a project shall satisfy applicable creditworthiness
standards, which, at a minimum, shall include -» (i) a rate covenant, if applicable;» (ii) adequate coverage requirements to ensure repayment;» (iii) an investment grade rating from at least 2 rating agencies on debt senior to the Federal credit instrument; and» (iv) a rating from at least 2 rating agencies on the Federal credit instrument, subject to the condition that, with respect to
clause (iii), if the total amount of the senior debt and the Federal credit instrument is less than $ 75,000,000, 1 rating agency opinion for each of the senior debt and Federal credit instrument shall be sufficient.»
(A) Agency - prescribed provisions and
clauses permitted by TAR and used on a
standard basis (i.e., normally used
in two or more solicitations or contracts regardless of contract type) shall be prescribed and contained
in the TAR.
Operating Administrations (OAs) desiring to use a provision or a
clause on a
standard basis shall submit a request containing a copy of the
clause (s), justification for its use, and evidence of legal counsel review to the Office of the Senior Procurement Executive
in accordance with (TAR) 48 CFR 1201.304 for possible inclusion
in the TAR.
In many cases terrible clauses have become standard and non-negotiable in these industries, and to be fair the better of these industry lawyers will explain the unfairness and leave the decision to the clien
In many cases terrible
clauses have become
standard and non-negotiable
in these industries, and to be fair the better of these industry lawyers will explain the unfairness and leave the decision to the clien
in these industries, and to be fair the better of these industry lawyers will explain the unfairness and leave the decision to the client.
Not only does B&N not specify if B&N / third parties will use the CBOE or other recognized financial
standard for Forex, the
clause also gives you no way to determine if their maths are even correct,
in sums and percentages.
Warranty and indemnity
clauses in standard publishing agreements tend to make authors» eyes glaze over.
Also unfair: language
in standard audit
clauses that limits an author's audit right to statements rendered
in the last one or two years.
In addition to the specific terms the author and publisher have agreed upon for things like the type of book, the advance against royalty amount and the delivery date, the standard book contract encompasses a lengthy number of clauses covering important points in a book's life cycle and an author's livelihoo
In addition to the specific terms the author and publisher have agreed upon for things like the type of book, the advance against royalty amount and the delivery date, the
standard book contract encompasses a lengthy number of
clauses covering important points
in a book's life cycle and an author's livelihoo
in a book's life cycle and an author's livelihood.
Aiken, who at the time of the quote was executive director of The Authors Guild, is referring to a system
in which many publishing contracts have a
clause «stating that an author will receive a higher e-book royalty rate if, and when, the
standard rate changes.»
And it must be its own separate document — they can't just include it as a
standard clause buried
in a generic agreement.
some Banks still had an IRD penalty
clause in their
standard charge terms but the formula for calculating this was very different from today.
In addition to the standards of practice, an inspection contract must reflect that state's position on things like arbitration, limit of liability and other defensive clauses found in most inspection contract
In addition to the
standards of practice, an inspection contract must reflect that state's position on things like arbitration, limit of liability and other defensive
clauses found
in most inspection contract
in most inspection contracts.
Some banks still had an IRD penalty
clause in their
standard charge terms, but the formula for calculating this was very different from today.
In its template agreement filed with the CFPB as of March 31, American Express» Gold Card now has, instead of a
standard pre-dispute arbitration
clause, an expanded «Claims Resolution» section.
Stephen Lacey of the Center for American Progress posted on the «technology re-opener»
clause that could allow auto makers to challenge the
standards after 2021, saying this could act as a disincentive to pushing technology hard now
in hopes that a more sympathetic administration will cave later.
Despite the weak agreement, a review
clause could allow for strict
standards to be implemented under the same agreement beginning
in 2022.
MoFo recommends California companies reconsider using a
standard arbitration
clause in their contracts with consumers, due to a recent state supreme court decision.
I believe that thanks to the national constitutional doctrines on the «conditional» primacy of EU law (on the «conditional supremacy» of EU law
in the UK, see the post by Garner on this blog) as well as to the corresponding EU provisions — the constitutional identity
clause in Article 4 (2) TEU and the authorisation to apply higher national
standards of fundamental rights
in Article 53 CFR — national constitutional or apex courts can provide necessary checks and balances on the ECJ enormous judicial power.
On the other hand, if the EU insists on including investment protection
standards in its FTIAs, but keeps ISDS, then the incentives of the investor not to rely on domestic courts are fairly high; especially, if the presence of ISDS is couple with a «no direct effect»
clause.
Restraint
clauses, restrictive covenants, or non-compete
clauses are fairly
standard in professional contracts.
The
standard included
in the MFN -
clause — «fair and equitable treatment» — was not considered to amount to an unconditional right for investors to have their case heard by an international arbitral tribunal.
Employers operating
in Ontario who «draw the circle» around employee rights and entitlements on termination should carefully review and ensure that their contractual termination
clause complies with all aspects of statutory minimum
standards, and
in particular: (a) notice or pay
in lieu, (b) benefits continuation during the notice period, (c) severance pay, if applicable, and (d) continued vacation accrual during the termination notice period.