Sentences with phrase «upon consent of both parties»

Upon consent of both parties, parents may submit to the court a parenting plan to determine physical and legal custody of the child.

The self - determination requirement of mediator ethics appears to make the nature of the process in each case, as well as the substantive decisions, dependent upon the consent of the parties.

Not exact matches

By entering, each entrant warrants and represents the following with respect to their Submission: (a) entrant is the sole and exclusive owner of the Submission; (b) the Submission is entrant's own creation and is 100 % original; (c) the Submission will not infringe on any rights of any third parties; and (d) any third party whose person or property appears in the Submission has given entrant appropriate written consent (which shall be provided to Sponsor upon request thereof) for such person or property to be filmed and used as permitted herein.

And, in the last article, it is declared that it shall take effect and be obligatory upon the contracting parties as soon as the same shall have been ratified by the President of the United States, with the advice and consent of the Senate, thereby showing the early opinion of the government of the character of the Cherokee Nation.

The Decision - Maker alone may be appointed in a family dispute, or may be appointed in addition to the appointment of a Parenting Coordinator or an Arbitrator (see below) at any time after the entry of an order concerning parental responsibilities and upon written consent of both parties.

At any stage of the arbitral proceedings, if all parties agree on settlement of any aspect of the dispute, upon request, the arbitrator may memorialize the agreement in a Consent Award in consultation with the parties» counsel.

More specifically, Commission start is of the view that implied consent can not be relied upon to send commercial electronic messages on behalf of unknown third parties, without obtaining prior specific express consent in accordance with the Act, Regulations and Regulations (CRTC);

In the above examples, if the parties wanted arbitration of disputes to be permissive and non-mandatory, they could have clarified their contract by including more explicit language (i.e., «any and all disputes, upon mutual agreement, may be arbitrated» or «with the consent of the other party, either party may commence arbitration»).

The Committee especially calls upon State parties to recognise and protect the rights of indigenous peoples to own, develop, control and use their communal lands, territories and resources and, where they have been deprived of their lands and territories traditionally owned or otherwise inhabited or used without their free and informed consent, to take steps to return these lands and territories.

(b) If a party is found to be indigent based upon the factors in s. 57.082, the court may not order the party to parenting coordination unless public funds are available to pay the indigent party's allocated portion of the fees and costs or the nonindigent party consents to paying all of the fees and costs.

Similarly, the Committee on the Elimination of Racial Discrimination has, in its General Recommendation No 23, called upon parties to the International Convention on the Elimination of All Forms of Racial Discrimination [6] to ensure that that no decisions directly relating to the rights and interests of indigenous peoples are taken without their informed consent.

Standard RI P&S allows you to assign the contract - it is # 26 on the contract and it states» this contract may be assigned by either party w / o written consent of the other, and shall be binding upon the assigns of buyer and seller»

107 DOS 98 Matter of DOS v. Sosis - subject matter jurisdiction; due process; failure to appear at hearing; proper business practices; deposits; fraudulent practice; DOS fails its burden of proof; DOS has subject matter jurisdiction if at the time the disciplinary proceeding was commenced by proper service of a notice of hearing and complaint the party was (i) licensed to engage in regulated real estate activities, or (ii) an applicant for either a license or for the renewal of a license to engage in regulated real estate activities, or (iii) eligible to automatically renew the prior license under the two - year limitation provision of RPL § 441 (2); ex parte hearing is permissible upon proof of proper notice of hearing; DOS has subject matter jurisdiction where party was licensed at the time proceeding was commenced and, where at time of hearing, although not licensed was eligible to automatically apply to renew pursuant to RPL § 441 (2); licensee operated a real estate brokerage business under an unlicensed name; licensee unlawfully retains deposit funds after deposit monies were delivered on the condition that same were to be disbursed only on the principal's consent and approval and said consent and approval was not given; licensee's illegal exercise of right of ownership over his principal's funds spawns conversion and constitutes a fraudulent practice; DOS fails its burden of proof to establish licensee failed to deposit trust funds in a segregated escrow account, engaged in fraud and changed business location without notice to DOS; restitution ordered in the amount of $ 1,900 plus interest, fine of $ 1,000 and any further application for licensure shall not be considered until applicant pays said fine and provides proof of payment of restitution

73 DOS 95 Matter of DOS v. Marotta - consolidation of actions; dual agency; disgorgement of broker commission; broker may act concurrently in a single transaction as an agent and a principal with informed consent of and full disclosure to principal; broker's agreement breached by broker where broker obtained property incompatible with client's stated needs; no broker's fee earned where brokerage agreement breached by broker; broker engaging in business under trade name acts as individual; agency created between broker and buyer by conduct of parties; dual agency allowed upon full disclosure and informed consent of both buyer and seller; no commission earned by broker where breach of fiduciary duty; refund unearned commissions