The Publisher Defendants» collective adoption of the Apple
Agency Agreements allowed them (facilitated by Apple) to raise, fix, and stabilize retail e-book prices in three steps: (a) They took away retail pricing authority from retailers; (b) they then set retail e-book prices according to the Apple price tiers; and (c) they then exported the agency model and higher retail prices to the rest of the industry, in part to comply with the retail price MFN included in each Apple Agency Agreement.
Not exact matches
Intergovernmental
Agreements between the Arlington Heights Park District and other
agencies allow us to extend reciprocal benefits to many surrounding communities.
The Park District board approved an
agreement with the welfare
agency on Thursday
allowing it to run the mansion from July 12 to Sept. 9, 2007, said Kent Newton, superintendent of business operations for the Park District.
In 2011, Cuomo made the first of what would be several attempts to reform the state's ethics laws, ultimately brokering the
agreement that would create JCOPE and a little noticed database called Project Sunlight, which
allows users to view the details of meetings outside entities have with state officials from every
agency in the state.
Syracuse Mayor Stephanie Miner says the city development
agency found out yesterday that the developer was exercising a clause in an earlier
agreement that would
allow them to make this move.
The Legislature approved a resolution
allowing the county to enter into an
agreement with the Erie County Industrial Development
Agency to contract with a consultant for the design and engineering of infrastructure within the former Bethlehem Steel site.
The Department of City Planning, seeking to find «a balance,» recommended May 22 that the city issue a 15 - year permit, one that would
allow Madison Square Garden to obtain a permit «in perpetuity» if it reaches
agreements with the three rail
agencies that use Penn Station — Amtrak, New Jersey Transit and the MTA — to improve accessibility at the transit hub, which serves more than 600,000 passengers a day.
The town transferred ownership of the former landfill to the UCRRA in June 1993, but in July, Town Supervisor James Quigley III said a clause in the
agreement that
allows the town to buy back the site may prevent the
agency from moving forward.
But yesterday, the two sides came to an
agreement on how much to spend on the earth sciences that
allowed them to advance legislation sketching out a 2 - year vision for the space
agency.
The
agreement would also
allow the International Atomic Energy
Agency (IAEA) inspectors to enter the Yongbyon nuclear complex for the first time since 2009.
As a result, I signed a poorly drafted partnership
agreement that, to my complete shock,
allowed my American partner to sell the
agency in 2008.»
WHEREAS, the Elementary and Secondary Education Act (ESEA), currently known as the «No Child Left Behind Act of 2001,» was due for reauthorization in 2007, and the U.S. Congress has not reached a bipartisan
agreement that will ensure passage to streamline existing federal requirements and
allow states and local educational
agencies to develop and implement policies that will best support students; and
It may be necessary to ensure that the original
agreement includes terms
allowing other
agencies to use the
agreement.
Instead, the
agreements allow e-book retailers to discount prices up to the aggregate cost — generally a 30 % commission under the
agency model — of the discount computed over the course of the contract, which is generally a year.»
In fact, once the Apple
Agency Agreements took effect, Publisher Defendants almost uniformly set e-book prices to maximum price levels
allowed by each tier.
Apple thus knowingly served as a critical conspiracy participant by
allowing the Publisher Defendants to signal to one another both (a) which
agency terms would comprise an acceptable means of achieving their ultimate goal of raising and stabilizing retail e-book prices, and (b) that they could lock themselves into this particular means of collectively achieving that goal by all signing their Apple Agency Agre
agency terms would comprise an acceptable means of achieving their ultimate goal of raising and stabilizing retail e-book prices, and (b) that they could lock themselves into this particular means of collectively achieving that goal by all signing their Apple
Agency Agre
Agency Agreement.
In July 2015, the Department clarified that guaranty
agencies are not
allowed to charge these fees if the borrower enters into a rehabilitation repayment
agreement within 60 days after notice of default.
Andrew Housser says that the
agencies maintain pre-arranged
agreements with credit card companies that
allow them to lower interest rates on existing debt to a creditor - issued «concession rate.»
Under the tax information exchange
agreement, the Bahamas is required to hand over confidential banking and other financial details on Canadians with accounts there to the Canada Revenue
Agency to
allow CRA to conduct tax audits of Canadian individuals or businesses.
Specifically, we
allow covered entities to use or disclose protected health information without individual
agreement to federal, state, or local government
agencies engaged in disaster relief activities, as well as to private disaster relief or disaster assistance organizations (such as the Red Cross) authorized by law or by their charters to assist in disaster relief efforts, to
allow these organizations to carry out their responsibilities in a specific disaster situation.
People who are on the sanctions list of the US, UK, European Union or United Nations will not be
allowed to take part in Telegram Open Network initial coin offerings (ICOs) and will be forbidden from buying Gram cryptocurrency by the official Telegram group investor
agreement, Russian news
agency RBC reports.
The
agreement with employers
allows the
agency to receive a finder's fee if the employer wants to hire the temp worker in a permanent role.
Allowed the State Department to enter into
agreements with one or more qualified accrediting entities to provide for the accreditation of
agencies (nonprofit) and approval of persons (for - profit
agencies and individuals) who seek to provide adoption services for adoptions covered by the Convention
In a domestic
agency adoption, New York State the courts
allow the birth parents and the adoptive parents to come to an
agreement for post adoption contact to accomplish an adoption.
It is an
agreement that
allows the adoptive parents to apply for state adoption assistance after the final order of adoption and commits the
agency to providing state adoption assistance when the adoptive parents apply, if it is determined that the need is related to one of the conditions described above.
As Professionals, is an Agent under the fiduciary duty of
Agency really
allowed to under price a listing without having the Listing
Agreement altered to specifically address any undervaluing?
The very first issue that needs to be tackled is that 18 years after Buyer
Agency was
allowed to be practiced, Listing Agents are still
allowed Falsely, to negotiate Buyers Agents fees in the Listing
Agreement.
On Friday, July 14, 2014, the US Department of Housing and Urban Development (HUD) issued Mortgagee Letter 2014 - 15
allowing dual
agency agreements in FHA pre-foreclosure transactions.
Last month, the US Department of Housing and Urban Development (HUD) issued Mortgagee Letter 2014 - 15
allowing dual
agency agreements in FHA short sales.
According to the NAR State Issues Tracker, as of June 2013, «a great majority of the jurisdictions [surveyed](91 percent) *
allow dual
agency with appropriate disclosures and accompanying consents» and «Several states» rules require specific forms or language to be included in a dual
agency agreement.»
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.
Curtis Properties Corp. v. Greif Companies (212 A.D. 2d 259)- lease; exclusive
agency agreement; written commission
agreement terminated; recovery
allowed under quantum meruit for implied contract; commission entitlement under implied contract where broker brought parties together; party may not frustrate the performance of an
agreement by bringing about the failure of a condition precedent; court will not imply exclusive right to deal absent express language.
9 DOS 94 Matter of DOS v. Shane - motion for pre-hearing discovery beyond SAPA 401 (6) is denied; rules re: subpoenas in administrative proceedings reiterated; proper procedure of reserving right to file post-hearing memorandum of law; MLS form listing
agreements are acceptable; individual license not sufficient to
allow acting as representative of corporate licensee - need affiliated license;
agreements procured by individual acting under name of firm but without affiliated license are illegal and unenforceable - no brokerage fee can be claimed; misrepresentation and execution of unauthorized extension; misrepresentation of law (distinction between canceling
agency authority and abiding contract rights); RPL § 443 controls the disclosures required of licensees; subsequently licensed corporation not vicariously liable; failure to provide copy of
agreement (19 NYCRR 175.12); inadvertence considered in determining penalty
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
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
Wouldn't that make your following anecdote a myth, too: «PED, At 12:01 am January 1st 1995, one of my past clients
allowed me to meet him and sign what I believe is the first ever Buyer
Agency Agreement legally signed in the Province of Ontario.»?
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.