Sentences with phrase «as condition precedent»

The purpose of a subject clause (also known as a condition precedent) contained in an offer to purchase is to set out a specific condition which must be fulfilled before the sale can go through, although the contract is legally binding once it is signed by both parties.

Payment of back taxes as condition precedent to cancellation of tax certificate held by county.

First, Manny agreed that given his history, he had the burden of evidencing his sober living as a condition precedent to being an involved parent to his twin children.

While a number of states require the claimant group to provide the State with evidence in relation to legal criteria as a condition precedent to commencing negotiation, there are varying degrees to which the legal tests are applied.

(3) Nothing in this section precludes the insurer from demanding from the person referred to in subsection (2), as a condition precedent to payment, a release to the extent of the payment.

The learned arbitrator treated the date of 7th January, 2013 as immutable and unalterable and no condition could be imposed as a condition precedent that new arbitrator if appointed would hear the matter at the hearing on 7th Jan. 2013.

They had to demonstrate, as a condition precedent to the application of the policy, that the deprivation of artificial insemination facilities might prevent conception altogether.

In the Bremer case the House of Lords held that a notice provision should be construed as a condition precedent, and would be binding, if (i) it states the precise time within which the notice is to be served, and (ii) it makes plain by express language that unless the notice is served within that time, the party making the claim will lose its right under the clause.

Extrinsic evidence as a condition precedent is not required with respect to business records accompanied by an affidavit.

The statute, now codified as Business Occupations and Professions Article, § 10 - 310, et seq., empowers the Court of Appeals to provide by rule for the operation of the Fund and to require from each lawyer an annual assessment as a condition precedent to the practice of law in the State of Maryland.

Some state rules will waive extrinsic evidence as a condition precedent when business records are accompanied by an affidavit.

150150 Butler v. Fairfax County School Board 12/17/2015 Code § 22.1 - 296.1 (A) requires, as a condition precedent to employment, that every applicant for employment by a school board must certify that he or she has not been convicted of any felony.

(2) Nothing in this section precludes the defendant making the payment from demanding, as a condition precedent to such payment, a release from the plaintiff or the plaintiff's personal representative or any other person to the extent of such payment.

The court was concerned that the UK policy set the threshold so high against the applicants from the outset «that it did not allow a balancing of the competing individual and public interests and a proportionality test by the secretary of state or by the domestic courts» because the applicants had to demonstrate as a condition precedent to the application of the policy, that the deprivation of artificial insemination facilities might prevent conception altogether.

EXAMINATION UNDER OATH (EUO): Your policy may require that you submit to an examination under oath as a condition precedent to any claim.

[18] To the extent the doctrine of champerty and maintenance remains relevant in Canadian common law, even as means of protecting the courts and vulnerable litigants against abuses, its purpose is not and was never intended to be achieved by conferring on the courts the discretion to inquire into and approve or disapprove of a plaintiff's funding arrangements as a condition precedent to instituting or pursuing litigation.

In the conclusion to the reasons for judgment of Linden J. in Davidson v. Connaught Laboratories et al. (1980), 14 C.C.L.T. 251, there is to be found, in more or less precatory language, an eloquent expression of concern about the requirement of our law that fault exist as a condition precedent to the receipt of compensation in matters of this kind.

Congress mandated completion of the necessary science as a condition precedent to the release of any National Assessment (even a draft).

On June 26, 2007, the Company amended an Agreement and Plan of Merger between affiliates of the Company and Fiberxon, Inc. that was initially entered into on January 26, 2007 (the «Merger Agreement») to, among other things, remove as a condition precedent for the consummation of the merger that Fiberxon, Inc. deliver to MRVC its audited consolidated financial statements prior to the closing of the transaction.

Not exact matches

On June 28, 2016, the Target Canada Entities and the Plan Sponsor confirmed in writing to the Monitor that all of the conditions precedent set out in section 8.3 of the Plan have been satisfied or waived, as applicable, in accordance with the terms of the Plan and the Plan Implementation Date has occurred and the Plan is effective with its terms and the terms of the Sanction and Vesting Order.

Although Canadian human rights protection does not explicitly include breastfeeding, a 1989 Supreme Court of Canada decision (Brooks v. Safeway Canada) set the precedent for pregnancy as a condition unique to women and that thus discrimination on the basis of pregnancy is a form of sex discrimination.

This should continue as free, fair and credible elections remain the condition - precedent for a sustainable democracy.

f) A Declaration that each of the Applicant's «right to vote and entitle [ment] to be registered as a voter for the purposes of public elections and referenda» in light of the Act 699 and said various laws and legal instruments is not subject to any condition precedent aside the article 42 age and sanity of mind criteria;

This proposal would remove all of the conditions precedent for absentee ballots and allow voters to request an absentee ballot as an alternative to in - person voting.

A group of Illinois government workers are asking the Supreme Court to overturn four decades of precedent that allow agencies to require union dues or fee payments as a condition of employment.

This has numerous precedents in classical physics, such as the flow of a fluid inside a domain, which is uniquely determined by the boundary conditions.

Agents need to be mindful that if they have knowledge of a defect, patent (obvious) or latent (hidden), this information needs to be «disclosed» in the actual listing; the listing agent needs to draw to the attention of his seller, making the seller aware that his agent «knows,» whatever he knows, or surmises, has seen with his own eyes, or has been made aware by his seller — sometimes surreptitiously, (by agent's putting the information confirmation in writing and has advised the seller the need for disclosing), directing his seller to get «fix - it» quotes, repair before going to market, or offer a rebate to his buyer for the dollar amount involved, and advise the seller that this information if known by his agent, or by the seller, «must» be disclosed in some manner, in writing, so as to prevent the seller and all the agents involved (including «team members), both buying and selling sides, from lawsuits, or possible resultant non-closing of transactions, not just even non-removal of conditions, (failing which clauses, conditional clauses — condition precedent, not condition subsequent — self destruct) during which lag time the subject property is theoretically off the market wasting valuable market time, which could prove especially financially disastrous in any sort of turbulent down - turning market.

Deploying a style of photography that references multiple sources and precedents, including the carefully composed and well - lit images of the 1920s New Objectivity movement, the photo - conceptualism that he encountered as a student at CalArts in the 1970s, and the advertisement industry, Williams creates layered works that critically, but also playfully, reveal the conditions of the medium in post-industrial society.

USGCRP did not perform the conditions precedent for valid science as cited in that language.

Unfortunately, it's all very possible... Basically, what Levin does here is compile various predictions from a number of climate scientists and writers, cite historical precedents for climate - related migrations in the US (the Dust Bowl), and make some compelling inferences as to what could happen as weather conditions continue to get worse than they ever have before.

It's arcane terminology and its structure (replete with abstruse definitions, exclusions of liability, unjustified conditions precedent to liability and excessive notice provisions) resembles an insurance policy a lot more than anything one might recognise as a compensatory scheme for victims.

As discussed above, the confidentiality of the communication or document is a condition precedent to its being the subject matter of privilege.

Breach of policy terms, conditions, warranties and conditions precedent is also a common cause of disputes, as is underinsurance.

These are no longer enforceable, but the insurer may list information of which the truth is critical and a condition precedent to insurer's liability (such as LMA Model Clause 5253).

Nobody really needs to propose to anyone, as such propositions are no longer conditions precedent to falling in love.

However, perfection is aspirational and ideal, not a condition precedent to maintaining one's license as a lawyer or to maintaining the office of a judge.»

Since it was well established that a cause of action for a sum recoverable by virtue of an enactment accrued although it remained to be quantified (see Hillingdon London Borough Council v ARC Ltd [1999] Ch 139) there was no good reason for construing reg 86 (1) in such a way as to make quantification a condition precedent to recovery in this case.

The amendments created a new condition precedent to voting that did not exist before and this, as the trial judge rightly concluded, constituted a facial breach of s. 3.

Agents need to be mindful that if they have knowledge of a defect, patent (obvious) or latent (hidden), this information needs to be «disclosed» in the actual listing; the listing agent needs to draw to the attention of his seller, making the seller aware that his agent «knows,» whatever he knows, or surmises, has seen with his own eyes, or has been made aware by his seller — sometimes surreptitiously, (by agent's putting the information confirmation in writing and has advised the seller the need for disclosing), directing his seller to get «fix - it» quotes, repair before going to market, or offer a rebate to his buyer for the dollar amount involved, and advise the seller that this information if known by his agent, or by the seller, «must» be disclosed in some manner, in writing, so as to prevent the seller and all the agents involved (including «team members), both buying and selling sides, from lawsuits, or possible resultant non-closing of transactions, not just even non-removal of conditions, (failing which clauses, conditional clauses — condition precedent, not condition subsequent — self destruct) during which lag time the subject property is theoretically off the market wasting valuable market time, which could prove especially financially disastrous in any sort of turbulent down - turning market.

Here are some common concerns of buyers that appear as «condition precedents» in a Florida residential real estate contract:

There are what are known as «conditions precedent» in most purchase agreements which require certain conditions to be met before the transaction closes.