Sentences with phrase «caused by a clause»

-- I've seen a terrible case caused by a clause that a Realtor told me (don't know if it's true) was a standard OREA clause, that offered the tenant the right to renew the lease term at the end of the term.

Not exact matches

The United States was pretty much formed by Christians, seeing the problems it caused in there homeland and elsewhere they added the whole freedom of religion clause.

8.4 On termination of this License by the Licensee for cause, as specified in clause 8.2.2 above, the Publisher shall forthwith refund the proportion of the Fee that represents the paid but un-expired part of the Subscription Period.

In the case of Rwandan refugees who are estimated at 1 600 (0.5 % of the global Rwandan refugee population), 4 protection challenges do not only emanate from socio - economic exclusion but also from the United Nations High Commissioner for Refugees (UNHCR)'s recommendation that said Rwandan refugee status be revoked through the invocation of cessation clause in accordance with Articles 1C (5) and 1C (6) of the 1951 Refugee Convention.5 Added to this challenge are also those of insecurity, fear and terror, caused by an unending hunting down of Rwandan refugees who live in South Africa and elsewhere.

FORCE MAJEURE CLAUSE: La Mariposa Hotel is exempted for the liability for failure to execute arrangements specified herein directly or indirectly caused by or in consequence of any conditions beyond human control.

Much of that information had been provided to her in confidence, and some of the information could have caused significant harm to the people concerned — for example because of non-disclosure clauses in legal documents signed by people providing the information, or by their close relations.

And in addition, think about all the wasted energy the «climate community» spent mitigating the impact of «deniers,» when «skeptics» could have helped out by listening more carefully to the «climate community,» and trying to understand «the climate community's» arguments, and adding to progress on increasing our understanding of the causes of climate variability and change — rather than apologizing or ignoring the input from scientists like Fred Singer — who deliberately lifts a conditional clause from a larger sentence, divorces it completely from context, and creates a fraudulent quotation in order to deliberately deceive, or Ross McKitrick who slanders other scientists on purely speculative conclusions about their motivations, or guest - posters at WUWT who call BEST «media whores,» or the long line of denizens at Climate Etc. who falsely claim that the «climate community» ignores all uncertainties towards the goal of serving a socialist, eco-Nazi agenda to destroy capitalism.

Jim D:» Spencer knew it would be junk to suggest that decreases of cloud associated with El Nino were cause rather than effect, but his escape clause was that maybe they are both caused by the same (unknown) thing somehow, rather than just simply being cause and effect.»

Spencer knew it would be junk to suggest that decreases of cloud associated with El Nino were cause rather than effect, but his escape clause was that maybe they are both caused by the same (unknown) thing somehow, rather than just simply being cause and effect.

At first instance, the trial judge found that Interactive was unable to establish an arguable cause of action that was not precluded by the exclusion clause.

Nothing in this clause limits or excludes our liability for death or personal injury caused by our negligence, our liability for fraudulent misrepresentation or any other liability which can not be limited or excluded under English law.

Crowden argued that this clause was inconsistent with the aim of a professional indemnity policy, which is to provide cover for losses caused by the IFA's negligence, and as an exclusion clause it should be construed narrowly.

When you purchased your health insurance plan, there was a clause in the contract where you promised to pay back Blue Cross Blue Shield or Aetna if you incur medical bills in an accident caused by someone else (a third party).

Your Business Cooperation Agreement should include details like: the names of the parties involved; the purpose, goals and objectives of this agreement; the date and initial term of the agreement; each party's responsibilities; any additional warranties or promises; how many days each party has to correct any problem; who will own any intellectual property created by either party; whether both parties can be excused from obligations due to causes beyond their control; any arbitration, assignment, and non-disclosure clauses; and more.

The clause also contained language that stated contact damages were limited to direct damages only, excluding losses caused in any way by acts, omissions or misrepresentations (but excluding «any fraudulent or negligent misrepresentation» committed in connection with the agreement).

For example, if the employment contract does not contain a termination clause the court will find that there is an implied term in the employment contract that the contract may only be terminated by the employer without cause by providing the employee with reasonable notice of notice of dismissal.1 Express and implied terms in a contract are equivalent in effect.2

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.

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).

Martin Howe's proposal for a supercharged Henry VIII clause therefore reflects a ghastly reality of Brexit: new teams of civil servants and lawyers would be engaged in plugging the gaps caused by our departure from the EU.

The Court held that this action violated the Supremacy Clause of the United States Constitution because «[t] he elements of, and the defenses to, a federal cause of action are defined by federal law.»

By the same process that causes attorneys» boilerplate to grow over time — they borrow «good» ideas from other attorneys but never weed out redundant or obsolete clauses — the list of restraining orders that family court judges impose on parents continues to grow.

This exclusion included a clause that said it did not apply to a «use of reasonable force to protect persons or property,» meaning that injuries caused as a result of self - defense or defense of others would be covered by the policy.

If an injury was caused by negligence of the property owner, then the public liability clauses of the house insurance would be triggered.

It held that Art 3 (1) of the First Directive precludes an insurer from being able to rely on statutory provisions or contractual clauses to refuse to compensate third - party victims of an accident caused by the insured vehicle [para 20].

Although the appellant had invoked the termination «for cause» provision of the subcontract, pursuant to Open Window Bakery, it was entitled to the benefit of the less burdensome mode of performance of the subcontract offered by the termination «for convenience» clause.

The Court held that since the pollution exclusion clause specifically referred to property damage «caused by, or contributed to» by the release of pollutants, it meant that the policy would not cover liability associated with such a release, regardless of whether it was the sole or concurrent cause of the loss.

War Clause — Life insurers stopped using war exclusions in the 1970s, but for education's sake and because this clause is still relevant in other insurances this clause means that the insurer will not pay for loss or damage caused directly or indirectly bClause — Life insurers stopped using war exclusions in the 1970s, but for education's sake and because this clause is still relevant in other insurances this clause means that the insurer will not pay for loss or damage caused directly or indirectly bclause is still relevant in other insurances this clause means that the insurer will not pay for loss or damage caused directly or indirectly bclause means that the insurer will not pay for loss or damage caused directly or indirectly by war.

The omnibus clause affords automatic coverage for anyone who might be held vicariously liable for an auto accident caused by you or a permissive user.

Graded death benefit clauses are clauses written by the insurance companies to protect them from insuring individuals who are very ill and might die from natural causes shortly after purchasing their guaranteed issue life insurance policy.

Although you may be able to work with the insurance company and create a clause in the contract that specifies any damages caused by Fido won't be covered in the policy.

It is fairly evident that the Committee tried to instrumentalize its FR in order to provide the other constitutional authorities (the Government and — most certainly — the Judiciary) with somewhat of a saving (or escaping) clause in order to overcome the stagnation caused by the Margellos doctrine and the ICJ's authoritative distinction between procedural conditions, such as the jurisdictional immunity of the defendant State, and the merits of the case, even if the contested affair involves grave violations of jus cogens norms.

These included clauses stating that exchanges were to be absolved of responsibility in the event of damage caused by hacking attacks, as well as server or communication difficulties.

The Agreement of Purchase and Sale (APS) included a clause, «The seller states that, to the best of the seller's knowledge and belief, there is no known damage to the basement, roof, or elsewhere in or on the property caused by water seepage or flooding.»

Until such time, rent growth should only slightly outpace inflation, partially because many leases often come with inflationary clauses that cause nominal asking rents to increase by some commonly - used measure of inflation, typically CPI.

A California court has considered whether an arbitration clause in purchase agreement could still be invoked when the clause excluded claims for bodily injuries and buyer claimed to have contracted gestational diabetes from the distress caused by the property's termite infestation.

Stephens v. Sponholz (251 A.D. 2d 1061)- purchaser's causes of action against seller for fraud and negligent misrepresentation stand; the «as is» and general merger clauses of the purchase agreement are not specific disclaimers and do not preclude a cause of action based upon fraud in the inducement of the contract; issues of fact remain as to whether seller made express fraudulent representations concerning water in the basement of the house or actively concealed the problem and whether purchaser could have discovered the defect by the exercise of reasonable diligence.

Mosca v. Kiner (277 A.D. 2d 937)- broker's, salesperson's and owner's motion for summary judgment dismissing buyer's complaint affirmed; where property was advertised as having deeded lake rights and the MLS indicated that the property had access to a private dock, buyer's post closing fraud cause of action fails where buyer had the means available to him of knowing, by the exercise of ordinary intelligence, the truth concerning the description and boundary of the land and failed to make use of such means; the presence or absence of deeded lake rights was a mater of public record, was not particularly within broker's, salesperson's or owner's knowledge and could have been ascertained by buyer by means available to him through the exercise of ordinary intelligence; specific merger clause in the contract defeats fraud cause of action

The frothy market, buoyed by low - interest rates, is resulting in frenzied bidding wars, causing many shoppers to leave once - standard clauses such as a professional home inspection and financing contingencies out of their purchase offers.

Factors to be considered by the court reviewing the nonsolicitation clause are the hardship caused by the covenant to the employee, geographic and temporal scope of the covenant, and the hardship imposed on the general public.