Sentences with phrase «allowed by a clause»

The Independent Democratic Conference has maintained such payments are allowed by a clause that allows payment for service in any «special capacity therein or directly connected therewith,» though the law lays out exact dollar amounts payable to leaders in other positions.

Not exact matches

The Commerce Clause allows Congress the power «to regulate commerce with foreign nations, and among the several states, and with the Indian tribes,» which was later held by courts to include «the channels of commerce, the instrumentalities of commerce, and action that substantially affects interstate commerce.»

Since this debate over pipelines began in earnest last Fall, Jason Kenney and others have been calling on the federal government to invoke clause 92 (10)(c) of the Constitution, which allows the federal government to exert authority over infrastructure such as pipelines which, «although wholly situate within the Province, are before or after their Execution declared by the Parliament of Canada to be for the general Advantage of Canada or for the Advantage of Two or more of the Provinces.»

But the United States» objective of removing NAFTA chapter 19, a dispute resolution clause that allows countries to appeal anti-dumping duties, will be met by significant resistance from both Canada and Mexico.

Rio Tinto is set to invoke a clause that will allow the miner to walk away from contracts with a giant metal refinery in Ireland controlled by Russian billionaire Oleg Deripaska.

Some concrescing entity establishes the head and tail clauses by prehensions in its actual world which allow confirmation of the clauses as true judgments.

The successful court case brought by Andy Messersmith the previous winter had essentially freed ballplayers from the yoke of the reserve clause, allowing them to sell their services on the open market when their contracts expired.

Morata is rumoured to be available due to a 30M Euro by back clause Real Madrid inserted into his sale to Juventus, allowing them to buy him back and potentially sell him on for a profit.

As reported by Sky Sports, Alderweireld's current contract contains a clause which states that should the Premier League runners - up trigger a year - long extension in the Belgian's contract, the former Atletico Madrid man will be allowed to leave for # 25M, which is a clause the club want to eradicate from the player's contract.

There's also a clause in his contract that would allow the club to extend his terms by an additional two years, which would in turn see the clause rise to $ 75m.

The bill allowing all veterans to buy added pension time was vetoed by Cuomo last year because, notwithstanding a clause in the governor's Tier 6 pension reform, it failed to appropriate money to cover the projected state and local government share of the «past service» catch - up cost of the measure.

EU negotiators have repeatedly stressed that punishment is not a motivation in Brexit talks, but a report published by the European Commission last December suggested the EU could insert a «punishment clause» in any trade deal to allow Brussels to place tariffs on some British exports.

The original Tier 6 bill itself contained a clause allowing any public employee union, including those representing court officers, to petition the governor for a restoration of early retirement at age 57, but only on the condition that the added cost would be covered by added employee contributions.

However, given that both federal and New York law allow refusals by both individual providers and institutions, the substance of such conscience clauses is unlikely to be impacted.

The Empire State Development Corporation inserted a clause into its lease proposal with Ratner that would allow the developer to bail on the construction of 2,250 affordable units, by claiming that such construction would be «subject to governmental authorities making available... affordable housing subsidies,» the Brooklyn Paper reported.

The law also excluded low - level waste from the Interstate Commerce Clause, so shipments across state lines are not allowed unless approved by individual states or compacts.

By no means a great film, Santa Clause 3 nonetheless takes us back to a fun world and allows us to revisit interesting characters.

In an analogous case, it relied on the free speech clause to strike down the University of Virginia's (UVA) refusal to allow a religious organization run by students to receive funds that were made available to secular organizations.

This means that we will only allow third parties to access your personal information where those third parties (a) are in countries that have been confirmed by the European Commission to provide adequate protection to personal information; or (b) have agreed to provide all protections to your personal information as set out in the Data Protection Legislation (such as by entering into the European Commission's Model Clauses).

When New York City Mayor Rudolph Giuliani attempted to raise the funds that would allow Catholic schools to fulfill the offer made by the Cardinal and enroll the «most troubled» students, his proposal encountered strong opposition from those who saw it as a violation of the First Amendment's establishment clause.

Allow me to elaborate: Typically, to protect both the state and the testing company, an assessment contract that includes the use of an assessment created for the intent and purpose of college admission, not state accountability, would include a clause requiring that the test items be reviewed and approved for use by a content committee from the client state.

Clause three removes the same 15 - day compliance period for teachers» pay and conditions warning notices, again allowing it to be set by the notice issuer instead.

«The suit claims that the scholarship violates the «no aid» clause and the «uniform public schools» clause of the state's constitution by allowing students to take the aid to private schools, some with religious affiliation.»

And after the Trigger's official regulations are finally solidified by the California Board of Education (hopefully without a proposed clause that would allow teachers to veto a parent petition, turning the whole «empowerment» concept on its head), little kinks like a date box won't be the deciding factors in failing - school takeovers.

I got a free consultation from a lawyer about a contract I was being offered by a publisher and he gave me two key pieces of advice: an audit clause means they have nothing to hide and allows you as an author to play IRS and look at their books if you think you're being cheated (an expensive process, but a good publisher wouldn't be afraid of you using it) and believe their BBB rating if they have one.

Rhode Island was unique in allowing divorce based upon other, more ambiguous grounds, as well... [as] an omnibus clause in the state's legal code authorized divorce based upon... «gross misbehavior and wickedness in either of the parties repugnant to and inconsistent with the marriage contract»... the relative vagueness of the terms «gross misbehavior and wickedness» left room for interpretation by Rhode Island judges.

PW also points out that the settlements agreed to by the publishers, and enforced upon Apple in the findings against it, most favored nation clauses will not be allowed for five years.

An FHA loan will not be allowed to close and fund unless the amendatory clause has been signed by all required parties.

Due - on - Sale Clause A provision in a mortgage allowing the lender to demand repayment in full if the borrower sells the property securing the mortgage without an assumption approved by the investor.

Most destructively and unbelievably, the ASPCA written legislation contains a clause that would, for all practical purposes, eliminate the legally mandated holding period for stray animals by allowing shelters to kill any animal who they found to be in «psychological pain».

Sometimes such an essential elements clause is linked to a non-execution clause (see this informative piece by Lorand Bartels on the issue) which explicitly allows a Party to suspend (part of) or terminate an agreement for a material breach.

By accepting the certificate of analysis into evidence without first allowing defense voir dire / cross examination questioning of the machine operator accepts that attestation clause as reliable without allowing the defendant not only to challenge not only whether the witness is reliable, credible and with sufficient recall, but also to challenge whether the witness properly and according to DFS procedure operated this claimed sophisticated piece of machinery that thusly requires a commensurate level of sophistication in understanding the machinery and using it.

Online sales generally are generally governed by a «terms of service» clause which allows them to cancel the sale in case of a pricing error.

In its view, if greater emphasis was placed on «control» and less on personal service, this would lead to more people being protected by employment law and make it harder for employers to «hide behind» substitution clauses: clauses which can undermine employee status by allowing the individual to substitute personal service for the service of others.

for instance imagine my app uses all sorts of open source components allowing no commercial use, the app will be essentially free, but by paying for a premium account you get access to some usage statistics, extra skins, etc, that wouldn't fall into these clauses.

A clause that allows the employer to make any change to the terms of employment without notice will likely to struck by the court as unenforceable.

In conclusion, a clause in an employment contract that purports to allow the employer to unilaterally change the terms of employment is more likely to be enforced by the court if it is limited in its scope.

Approximately 30 % of termination clauses in Ontario have not been properly drafted and, therefore, will not be enforced by a court allowing the dismissed employee to claim a much larger severance package.

It is questionable, for example, whether a single «Henry VIII» clause (allowing primary and secondary legislation to be amended or repealed by statutory instrument) will be constitutionally acceptable given the wide areas that EU law cuts across and the limited Parliamentary scrutiny that subordinate legislation allows.

However, Transocean has not appealed Justice Popplewell's decision on whether the day rates clause is a complete code, allowing the contractor to charge a rate regardless of whether the time needed for the repair has been caused by its own breach of contract.

The ability to manage your contracts through a process such as this will allow you to leverage the knowledge in your existing contracts, report on the extracted data, even recover hidden revenue (e.g. by policing penalty clauses in your supplier agreements) and comply with current and upcoming regulations.

Employees, AFL - CIO v. Brunner, 1:10 - CV - 504, 2012 WL 6114571 (S.D. Ohio Dec. 10, 2012): A labor organization, three judicial candidates, and a political party, challenged the solicitation clauses of the Ohio Code of Judicial Conduct which prohibit a judicial candidate from personally soliciting contributions but allow a candidate to solicit to groups of 20 or more, or through letters distributed by a candidate's committee.

An arbitration clause states that by entering into the contract, the parties are waiving their right to pursue certain claims through the courts, and instead they agree to allow a neutral private arbitrator to resolve claims through simplified proceedings.

At issue before the ONCA in Oudin was a termination clause that allowed the employer to dismiss the employee without cause by giving him 15 days» notice or the minimum notice required by the Employment Standards Act (ESA).

Many contracts include mediation or arbitration clauses which allow you to avoid litigation if disputes do arise by either party.

You can also allow for change within the agreement by using «sunset clauses.»

It blasts apart documents and allows law firms to identify their own standard clauses or review clauses prepared by other law firms.

On the USA side, with a new SCOTUS panel, there is a good chance they would not allow a class action to be defeated by an arbitration clause.

If the relevant consumer protection law has a minimum $ 5,000 statutory damages amount for some claims covered by the clause, this clause would prevent it from being invalidated, while allowing the merchant to still have access to the consumer unfriendly arbitration forum in which class action lawsuits are probably also barred while class action lawsuits would not be in court.

The Treaty also includes a «harvesting clause», which allows the Ojibway to continue hunting and fishing over the surrendered lands, with the exception of lands needed or used for settlement, mining, lumbering, or other purposes by the «Government of the Dominion of Canada».