Sentences with phrase «whether in a written agreement»

Users of IT services are aware of the potential for the internet to be used to invade their privacy, and service providers will therefore typically undertake — whether in a written agreement or in a published privacy policy — not to disclose voluntarily a user's private data.

Whether in a written agreement or not, it may be important for the couple to have an open discussion on how holidays or other celebrations with the children will work.

Not exact matches

In the eyes of the law, by the very nature of entering into business with another party, you may be considered a partnership — whether you have a written agreement or not.

(a) Schedule 2.7 (a) of the Disclosure Schedule contains a list setting forth each employee benefit plan, program, policy or arrangement (including any «employee benefit plan» as defined in Section 3 (3) of the Employee Retirement Income Security Act of 1974, as amended («ERISA»)(«ERISA Plan»)-RRB-, including, without limitation, employee pension benefit plans, as defined in Section 3 (2) of ERISA, multi-employer plans, as defined in Section 3 (37) of ERISA, employee welfare benefit plans, as defined in Section 3 (1) of ERISA, deferred compensation plans, stock option plans, bonus plans, stock purchase plans, fringe benefit plans, life, hospitalization, disability and other insurance plans, severance or termination pay plans and policies, sick pay plans and vacation plans or arrangements, whether or not an ERISA Plan (including any funding mechanism therefore now in effect or required in the future as a result of the transactions contemplated by this Agreement or otherwise), whether formal or informal, oral or written, under which (i) any current or former employee, director or individual consultant of the Company (collectively, the «Company Employees») has any present or future right to benefits and which are contributed to, sponsored by or maintained by the Company or (ii) the Company or any ERISA Affiliate (as hereinafter defined) has had, has or may have any actual or contingent present or future liability or obligation.

The clerks argued whether they could accept a trade to close the position, but in the end they did minutes before the close, with his agreement to come later and write a personal check to make the shortfall good.

I am not sure whether you are quoting them in agreement or disagreement with the post, but I think they fully support and back up what I wrote above.

There's not even agreement in Rabbinic Judaism even up to the 1800s whether the Torah was written by Moses or G!d or if it was actually written after the first Exile.

interested enough in finding out what the Commission had discovered that he has launched an inquiry, in part, to get to the bottom of whether «investigations potentially significant to the public interest have been bargained away as part of the negotiated arrangement between legislative and executive leaders,» as he wrote in a letter to the Commission's members on April 3 — a reference to the ethics deal struck between the governor and the Legislature as part of their budget agreement at the end of March, which coincided with Cuomo's announcement that he was shutting down the Commission.

Chris, Well, if you ask a lawyer whether an agreement should be in writing, she will almost always say yes.

Our older agreements often give the exclusive right to «publish in book form» or «in any and all editions»... Such grants are usually not limited to any specific format, and indeed the «form» of the book has evolved over the years to include variations of hardcover, paperback, and other written formats, all of which have been understood to be included in the grant of book publishing rights... Whether physical or digital, the product is used and experienced in the same manner, serves the same function, and satisfies the same fundamental urge... Accordingly, Random House considers contracts that grant exclusive rights to publish «in book form» or «in any and all editions» to include the exclusive right to publish in electronic book formats.

Entire Agreement Clause: This term defines what the final agreement will be and supersedes any agreements previously made in negotiations, whether writtenAgreement Clause: This term defines what the final agreement will be and supersedes any agreements previously made in negotiations, whether writtenagreement will be and supersedes any agreements previously made in negotiations, whether written or oral.

In addition to your checks, You agree to be responsible for repayment of any loans Lender makes to cover checks written by any person other than You who is authorized to draw on the Checking Account, whether or not such person is a party to this Agreement.

vi) no information or advice, whether expressed, implied, oral or written, obtained by you from KINDNESS ANIMAL HOSPITAL or through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement.

Pachauri wrote on November 23, 2009: «The question is whether the additional time that the world would now have to arrive at an agreement at the next Conference of the Parties in Mexico will give us time and space to look at the larger problem of unsustainable development, of which climate change is at best a symptom.

The question of whether the work of a freelance attorney requires a written agreement seems obvious at first glance — «get it in writing» is the golden rule, after all.

Let's put aside whether or not an oral agreement is binding, because the best practice is to confirm any settlement in writing.

My question is whether there exists any serious new framework, guidelines or proposal for writing contracts in a way that avoids verbal aggression, underlying instead the spirit of collaboration and commitment that a client / provider agreement should protect.

First, for the purposes of applying Article 81 (1) EC, the question whether or not there is an agreement which is in writing, or otherwise explicit, between the participating undertakings is not decisive so long as they act in collusion (see paragraphs 115 to 123 above).»

Further, since there is no legal requirement that a mediated agreement must be in writing, it is also a process inherently susceptible to uncertainties as to whether a binding agreement has been made, and written agreements are vulnerable to mistakes which may call for rectification.

The sale of foreign land is almost certainly governed by the lex situs and not by the law of the agreement — why should Ontario care whether the contract for the sale of foreign land is or is not recorded in a signed writing?

The issue related to the variation or cancellation of an agreement by email and whether an exchange of emails between the relevant parties would meet the requirements imposed by non-variation clauses of being «in writing» and «signed by both parties».

In Bowes, Chief Justice Winkler, writing for a five - member panel of the Court of Appeal, held that if an employment agreement specifies the amount payable to an employee if the employer terminates the employment contract, whether fixed or readily calculable, the parties have contracted out of the common law presumption of providing reasonable notice of dismissal.

If an agreement is important to you, whether it concerns business or a personal transaction, it is wise to get it in writing.

Whether it is in the Solicitor's Act in Ontario, the Law Society Rules in British Columbia or the Alberta Rules of Court, jurisdictions across Canada already require contingency fee agreements to be in writing.

While not having a contingency fee agreement in writing could breach local rules, it may also prompt the CRA to question whether the agreement qualifies as a bona fide contingency fee arrangement.

Family Diplomacy: A Collaborative Law Firm can help guide you through an uncontested final hearing for divorce whether (i) you and your spouse have already signed a written agreement and are stuck in judicial bureaucracy, (ii) you need independent advice and wish to have an attorney review a marital settlement agreement and / or parenting plan proposed by your spouse or his / her attorney, (iii) you and your spouse have the outline of an agreement, but you need someone to flesh it out and draft it up, (iv) your goal is to come up with an agreement with your spouse, but this just has not yet happened, (v) you want to reach an agreement via mediation or (vi) you wish to participate in the innovative, team - centric process of Collaborative Divorce.

Furthermore, the Court of Appeal determined that, even if the Application Judge was in error with respect to whether there had been reductions in space rented by the Appellant, such an error was ``... not one which would have affected the result» since both the evidence and conduct of the parties suggested ``... whenever a change to the Lease was sought the parties negotiated the terms and entered into a written agreement».

Marital property in Florida is considered to be all assets and debts either spouse acquires during the marriage, unless there is a valid written agreement stating otherwise, regardless of whether the property or debt is only in one spouse's name.

Other factors that can impact your severance entitlement are whether you have a written employment agreement, and whether your employer induced you to join their business in the first place.

In addition, the Court found that where there is a written bonus plan in place, it will likely be necessary to consider its eligibility criteria, whether these criteria were brought to the attention of the employee, and whether the bonus plan forms part of the employment agreemenIn addition, the Court found that where there is a written bonus plan in place, it will likely be necessary to consider its eligibility criteria, whether these criteria were brought to the attention of the employee, and whether the bonus plan forms part of the employment agreemenin place, it will likely be necessary to consider its eligibility criteria, whether these criteria were brought to the attention of the employee, and whether the bonus plan forms part of the employment agreement.

Clare Raven, Partner in Hadef & Partners» Dispute Resolution team, questions whether distribution arrangements that are not detailed in a written distribution agreement are valid and enforceable, and whether compensation is payable upon termination.

Each requires a determination of whether the true agreement between the contracting parties is accurately expressed in the written instruments reflecting either the terms of the agreement or the execution of the obligations themselves.

The EEOC has identified six non-exhaustive factors relevant to making this determination: • Whether the organization can hire or fire the individual or set the rules and regulations of the individual's work; • Whether and, if so, to what extent the organization supervises the individual's work; • Whether the individual reports to someone higher in the organization; • Whether and, if so, to what extent the individual is able to influence the organization; • Whether the parties intended that the individual be an employee, as expressed in written agreements or contracts; and • Whether the individual shares in the profits, losses, and liabilities of the organization.

Whether an agreement in writing which contains an anti-oral variation clause can be varied other than in accordance with the terms of that clause.

These terms and conditions contain the entire understanding and agreement between us and you in relation to your use of the Site and supersedes and replaces any representation, statement or other communication (whether written or otherwise) made by you or us which is not contained herein.

Surely the only matter that the judge in Brown v Patel and Rice needed to decide was whether or not there was a settlement agreement in writing signed by all the parties?

He found that there was not, and this finding should have pre-empted any need to explore whether there was in theory an agreement which could have been evidenced in writing.

This appeal considered whether an agreement in writing which contains an anti-oral variation clause can be varied other than in accordance with the terms of that clause, and whether the Court of Appeal was wrong to follow a previous Court of Appeal decision in which a relevant contrary authority had not been cited, or a later Court of Appeal decision which considered both earlier decisions and rejected that contrary authority but did so obiter.

These Agreements constitute all the terms and conditions agreed upon between you and Spotify and supersede any prior agreements in relation to the subject matter of these Agreements, whether writteAgreements constitute all the terms and conditions agreed upon between you and Spotify and supersede any prior agreements in relation to the subject matter of these Agreements, whether writteagreements in relation to the subject matter of these Agreements, whether writteAgreements, whether written or oral.

Regardless of whether we performed your original mediation, if post-divorce issues have arisen and you require a Modification Agreement (amendment to the original Settlement), we can assist you in mediating changes and then writing up and filing these changes on your behalf.

Family Diplomacy: A Collaborative Law Firm can help guide you through an uncontested final hearing for divorce whether (i) you and your spouse have already signed a written agreement and are stuck in judicial bureaucracy, (ii) you need independent advice and wish to have an attorney review a marital settlement agreement and / or parenting plan proposed by your spouse or his / her attorney, (iii) you and your spouse have the outline of an agreement, but you need someone to flesh it out and draft it up, (iv) your goal is to come up with an agreement with your spouse, but this just has not yet happened, (v) you want to reach an agreement via mediation or (vi) you wish to participate in the innovative, team - centric process of Collaborative Divorce.

At the time you sign an agency agreement, you may be asked to acknowledge whether you would consider giving written consent allowing the brokerage firm to designate a representative for you and one for the other client in a designated agency.

Signature Realty, Inc. v. Tallman (303 A.D. 2d 925)-- if there is any doubt or uncertainty as to the meaning of the disputed language in a brokerage agreement, all ambiguity must be resolved against the broker who prepared it; brokerage agreement was, as a matter of law, ambiguous with respect to the issue of whether broker would earn commissions when tenant exercised an option to renew the lease and therefore broker is not entitled to commissions on rental payments during any renewal term of the lease; broker not entitled to restitution in quasi-contract because there exists a valid and enforceable written contract governing the particular subject matter in dispute; dissenting opinion finds that the brokerage agreement is clear with respect to commissions earned and payable and that tenant was obligated to pay a commission to broker at the time the rental payment was due and owing to landlord, including during renewal terms of the lease.

The best practice when representing buyers is to disclose, in writing, the amount or method of calculating remuneration and the circumstances on which it will be paid whether or not there is a written service agreement.

5 - 2 If a brokerage provides real estate services under a written agreement, whether or not the agreement is required by section 5 - 1 [written service agreements required in some cases] of these rules, the brokerage must deliver a copy to the client immediately on execution of the agreement.

In addition, courts take the existence of a written agreement into consideration in analyzing whether an independent contractor relationship existed between the partieIn addition, courts take the existence of a written agreement into consideration in analyzing whether an independent contractor relationship existed between the partiein analyzing whether an independent contractor relationship existed between the parties.

While the existence of a written agreement is not dispositive as to whether the relationship is in reality that of an independent contractor, a written agreement not only adds important protections for the broker, but is frequently a required element of various state law tests, as well as a required element of certain federal law tests, for determining independent contractor status.

In addition, a new provision in Standard of Practice 16 - 13 requires you to ask buyers whether they have an exclusive representation agreement with any other broker before you provide any substantive services, such as writing an offer to purchasIn addition, a new provision in Standard of Practice 16 - 13 requires you to ask buyers whether they have an exclusive representation agreement with any other broker before you provide any substantive services, such as writing an offer to purchasin Standard of Practice 16 - 13 requires you to ask buyers whether they have an exclusive representation agreement with any other broker before you provide any substantive services, such as writing an offer to purchase.

Had RECA instead required all Written Service Agreements stated whether the agent was working exclusively as a realtor or was working as a realtor in the time off they had from their other job, some real improvement for the REAL professionals in Calgary real estate would have occurred.