Sentences with phrase «bound by that clause»

The potential issue would be that an unscrupulous person could cross out a clause after the contract was signed, and claimed that they aren't bound by that clause.

Similarly, one is bound by the clauses in a contract.)

Not exact matches

The «Free Exercise,» hence the the «Free Exercise Clause,» is not bound by where or when, it is per the individual and / or collectively.

Like others who support the original understanding of the Constitution, I disagree with many of the Supreme Court's decisions under the establishment clause, but in our system of government a federal - district judge like Judge Jones is bound by those decisions.

In 1925 (Gitlow v. New York) the Court began the process of «incorporating» by declaring that the First Amendment's guarantee of the freedom of speech and of the press was binding on the states because it is implicit in the liberty included by the due process clause.

Note 2: Clauses 5 and 6 provide transitional arrangements in relation to grocery supply agreements entered into by retailers and wholesalers before being bound by this code.

(1) This clause applies if a wholesaler is a party to a grocery supply agreement entered into before the wholesaler was bound by this code.

because in spain they (the spanish fa) are quite keen on these buy out clauses to be honored legally not challenge - able by the selling club, so if we met the clause athletico are leagally bound by Spanish fa rules to let us at least talk to him without negotiations.

And knows when to respect a person like Cech even if he wasnt bound by any law and has all the money to buy any clauses he wants.

General If any of these terms and conditions should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms and conditions are intended to be effective, then to the extent and within the jurisdiction which that Term or Condition is illegal, invalid or unenforceable, it shall be severed and deleted from this clause and the remaining terms and conditions shall survive, remain in full force and effect and continue to be binding and enforceable.

The Iraq Resolution known as «AUTHORIZATION FOR USE OF MILITARY FORCE AGAINST IRAQ RESOLUTION OF 2002» cites national policy, a war on «terrorism», and United Nations Security Council Resolutions to justify authorization of military force against Iraq, but I am not aware of any document by which the United States has been legally bound by a declaration of war against Iraq as per the federal Constitution (Article 1, Section 8, Clause 11).

[22] The Industrial Relations Act 1971, introduced by Robert Carr (Employment Minister in Edward Heath's cabinet), provided that collective agreements were binding, unless a contact clause in writing declared otherwise.

Members of the Warren County Republican Committee will not be bound by the group's «loyalty clause» when it comes to deciding which candidate to support in the June 24 primary.

If either you or we choose or elect arbitration of any claim, dispute, or controversy, (which may be without the other's consent), any claim, dispute or controversy by either you or us against the other (or against the employees, parents, subsidiaries, affiliates, beneficiaries, agents or assigns of the other) arising from or relating in any way to your Account, transactions on your Account, our relationship, this Agreement or any provisions of this Agreement, any prior Agreement, any disclosures, advertising, or application (hereafter «Claim» or «Claims»), including Claims regarding the applicability or validity of this arbitration clause, shall be resolved exclusively and finally by binding arbitration.

6.1 By using the Card or Membership number, or claiming any Benefit, the Member agrees to be bound by the Terms and Conditions and provides the consents specified in clause 22 relating to personal informatioBy using the Card or Membership number, or claiming any Benefit, the Member agrees to be bound by the Terms and Conditions and provides the consents specified in clause 22 relating to personal informatioby the Terms and Conditions and provides the consents specified in clause 22 relating to personal information.

The Supremacy Clause (Article VI, Paragraph 2) establishes the Constitution, Federal Statutes, and treaties as «the supreme Law of the Land», mandating that state judges be bound by them, even if state constitutions or laws conflict.

A case by case analysis of whether a particular award passes muster through national enforcement proceedings, or a Treaty - by - Treaty analysis of whether a particular dispute settlement or applicable law clause is compatible with EU law, is bound to be time consuming and labor - intensive, and will inevitably be unpredictable and lead to legal uncertainty.

This may be regarded as the establishment or recognition of a residual and minimal legal «safety - net» that could be regarded as binding upon the conduct of both named parties for the purposes of the action they are undertaking which is mandated and legitimated by the Union withdrawal clause (for an argument that the UK government and the EU institutions are bound by EU law in the conduct of the negotiations, see here).

«As a consequence, many employees will not even recognize that they are bound by arbitration clauses until they have been sexually harassed and attempt to bring suit.»

If what you describe is correct, and there are no «out clauses» in the agreement, he is bound by a 1 year contract with 1 month free and you don't have to agree to a new lease on terms which do not suit you better - Whatever you do, don't sign a new lease unless you are happy with it to replace the current one and / or have gotten legal advice.

The parties had entered into a mediation agreement that contained standard confidentiality clauses and a provision that any settlement reached in the mediation would not be binding until it had been reduced to writing and signed by, or on behalf of, the parties.

Here, although there are some minor differences between transposition in various countries, the overall legal framework remains similar; transfer to the United States is possible without consent once an «adequate» level of protection is guaranteed whether that be by resorting to Standard Contractual Clauses, falling with the scope of a Safe Harbor agreement or by respecting Binding Corporate Rules.

It's detailed in Clause 10 of the EULA - for your issue it means «binding non-appearance-based arbitration» by a mutually agreed arbitrator.

The appellate court reversed in part noting that whether an arbitration clause applies to a party's claim is a question of contract interpretation, adding that only signatories are bound by the terms of an arbitration clause.

Clause 5 of the Bill ends the principle of supremacy (understandably, once the UK leaves the EU it will not be bound by this principle), and it does not incorporate the Charter of Fundamental Rights into domestic law.

On judicial review the chambers justice dismissed the application on the basis that he was bound by the Court of Appeal decision in Ostrensky v. Crowsnest Pass, 1996 ABCA 18 in regards to the effect of a tie vote and that the privative clause in the Teaching Profession Act «insulated all decisions from judicial review except on questions of jurisdiction».

Disputes like this wage payment disagreement were covered by a clause in the contract that called for binding arbitration, the employer argued successfully to the trial judge.

Josh Blackman's Blog says the proposal would amend the supremacy clause to state that judges «and other public officials» in every state are bound by the Constitution and laws of the United States.

Parties bound by a similar contractual clause to that highlighted by Artpower should ensure that either the contract provides explicitly for automatic termination at the expiry of the remedy period, or that they take a positive step at the end of the period to inform the breaching party that the contract has been terminated — failing which they may still be obligated under it.

If state courts are the authoritative expositors of state law, and they choose, as a matter of state procedural law, to be bound by a federal precedent that isn't otherwise binding as a matter of federal law, I don't see how that raises any kind of federal constitutional concern under the Supremacy Clause.

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.

But Telus's position was the the business plaintiffs were bound by the arbitration clause.

Following up on his appearance on the Oral Argument podcast, Michael Dorf has a fascinating post up this morning at «Dorf on Law» in which he tackles the intriguing question of whether state courts may choose to «gratuitously» be bound by federal precedents that don't actually bind them under the Supremacy Clause.

The defendants collectively moved to stay the Plaintiff's claim, relying on a forum selection clause in the ESA which stated: «The contractual parties agree that German law is binding and to settle any disputes by a binding arbitration through the «Industrie und Handelskammer» (Chamber of Commerce) in Frankfurt.»

Interestingly, Article VI Clause 2 specifically provides that EVERY STATE COURT JUDGE, shall be bound by the Federal Constitution, as the supreme Law of the Land, and anything in the Constitution or Laws of a state to the contrary notwithstanding.

Even if there isn't such a clause, for them to be bound by the phone statement, you would have to argue that the phone statement constitutes a valid modification of the contract, and I don't see how it could be.

Claimant argues that the Court has jurisdiction pursuant to Article 25 Brussels I Recast because the relevant contract contains an English exclusive jurisdiction clause and further contends that the relevant contract was concluded by AMS Mexico and / or AMS on behalf of AT1 and Ezion as undisclosed principals and that, as undisclosed principals, the contract — together with the jurisdiction agreement — was binding on AT1 and Ezion.

Your creditors are not bound by the terms of a hold harmless clause, marital settlement agreement or divorce decree.

A clause in a lease stating that it is not binding, unless signed by both parties would, therefore, have a somewhat paradoxical effect.

• Understanding a Contract • Listing Agreement • Buyer / Brokerage Agreement • Residential Contracts • Contract Clauses • Seller Disclosure • Digital vs. Paper Contracts • Verbal vs. Written Contracts • Binding vs. Non Binding Contracts • Contracts for Land • Foreclosure / Short Sales • For Sale By Owner • Residential Leases • Commercial Leases • 1031 Exchanges — The Basics • Minimum Services

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.

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