Sentences with phrase «consider using my clause»

So the next time you are representing a buyer who are using conditions to protect themselves in the offer, I implore you to provide the buyer with full disclosure as to the possible risks that they may be taking if the seller refuses to sign a mutual release of the deposit or maybe you might just consider using my clause to ensure they get their deposit back in case the conditions are not met!

Not exact matches

There has always been some tension between the Establishment Clause and the Free Exercise protections of the First Amendment, but the Supreme Court, when considering a similar challenge to the Religious Land Use and Institutionalized Persons Act in 2005 — wherein the Sixth Circuit Court of Appeals had ruled that granting protections to religious prisoners amounted to a violation of the Establishment Clause — ruled that alleviating a state - imposed substantial burden on religious practice did not violate the Establishment Clause.

Mind you Zaza did score in both matches against Juventus last season which may have persuaded them to make use of a first - option clause after they sold him to Sassuolo a few years ago, but after acquiring him, are they seriously considering selling him before he even plays for the Italian giants.

provisions for responding to acts of harassment, bullying, and / or discrimination against students by employees or students pursuant to clause (b) of this subparagraph which, with respect to such acts against students by students, incorporate a progressive model of student discipline that includes measured, balanced and age - appropriate remedies and procedures that make appropriate use of prevention, education, intervention and discipline, and considers among other things, the nature and severity of the offending student's behavior (s), the developmental age of the student, the previous disciplinary record of the student and other extenuating circumstances, and the impact the student's behaviors had on the individual (s) who was physically injured and / or emotionally harmed.

Someone else in this thread commented that the royalty clause in the contract states the document that is used to determine royalty — but, this must also be considered: They can change a document you don't sign at any time they like.

When, at its 1982 meeting, the IWC agreed to a pause in commercial whaling (or to use popular terminology, a «moratorium») from 1986, the amendment to the regulations included a clause that «the Commission will undertake a «comprehensive assessment» of the effects of this decision on whale stocks and consider modification of this provision and the establishment of other catch limits».

There are lots of points to consider when letting sporting rights: what game is to be pursued; are there any buildings; is rent to be paid; if there is to be a break clause; who is to control vermin; where will vehicles park so as not to cause problem; how many guns can use the sporting rights; where can guns stand (not in the kitchen garden!)

' The disputing parties can invoke EU law related arguments in intra-EU arbitrations if this is considered a good litigation strategy and if the facts and legal materials facilitate their use, and this holds true irrespective of the wording of the arbitration clause or the content of the arbitration rules that govern the dispute.

The Manitoba Court of Appeal has listed a number of factors to be considered when determining whether exceptional circumstances exist so as to justify the use of a non-competition clause:

Following the Supreme Court's latest decision, the long - cited test of whether a liquidated damages clause is a genuine pre-estimate of loss designed to compensate the innocent party rather than deter the defaulting party from committing the breach (as established by early 20th century authority of Dunlop Tyre) is no longer conclusive although the Supreme Court accepted that it might still be of use in considering simple damages clauses in standard contracts.

Cs made their claim and in doing so, relied upon the commentary in Volume 38 (2) of the Encyclopaedia of Forms & Precedents that states the inclusion of a «call - in» clause should at least be considered in any case other than: «the very simplest cases such as an application for change of use or for the carrying out of relatively minor building operations where... it is unlikely that the grant of planning permission would be challenged by third parties by way of judicial review....»

A court will consider the nature of the employment relationship, the specific language used in the employment contract and the significance of the unilateral change before deciding whether to enforce the contractual clause.

Because the collective agreement contained a provision that it could not be used to restrict any of the lawyers» constitutional rights, the PSLREB then considered the Association's argument that the standby duty directive, issued under the Management Rights clause, violated section 7 of the Charter.

Contractual provisions relating to notification of warranty claims will be treated by the courts as a form of exclusion clause and a narrow construction will be used to resolve ambiguity — lawyers drafting such clauses should consider them carefully and ensure that they are as clear as possible.

The question whether and when an element of a contract of employment may be considered a «sham» has tended to revolve around «delegation» or «substitution» clauses put in by the employer in an attempt to rule out employment status but never actually used in practice.

Considering that the safeguard decision is «unilateral» and the remedies for pulling it are essentially political and economic (ie the retaliation clause) I wonder if the EFTA Court would really be willing to examine use of the clause in critical detail.

(2.1) If a candidate requests, under clause 27 (2)(c), the use of a surname other than his or her legal surname on the ballot, the returning officer if section 27.1 applies, or the Chief Electoral Officer if section 27.2 applies, shall determine whether the requested surname is ordinarily used by the candidate and, for that purpose, the returning officer or Chief Electoral Officer may refer to such documents and other evidence as he or she considers relevant in the circumstances.

Essentially, this «husband's discretion» clause gave the husband the power in the event of separation to use his judgment in giving the wife whatever financial assistance he considered was fair.

The Irish DPC considered two key issues: does the US provide adequate legal protection to EU users whose data is transferred, and, if not, could standard contractual clauses (SCCs) used by Facebook Ireland and Facebook, Inc. to regulate the transfer of that data raise the level of protection and still render transfer permissible?

Labour's Stella Creasy, who has long campaigned on consumer financial issues, has a new clause to require the new financial regulator to consider the effect of high - cost lending using credit cards on consumer protection and produce an annual assessment of any consumer detriment.

If you are not sure about anything, even after doing due diligence, consider using a disclaimer clause that your seller is not warranting the matter and the buyer should conduct their own due diligence.

I apologize for the length of this article but I believe we must dissect the complete clause in detail, (including historical and legal) in order to consider the pros and cons before its use.

Changing a standard clause (I am talking about your personal clauses being used not those created to allow compromise and escape fiduciary duties that are found on Webforms) first needs to consider recent court decisions and then how any change would be viewed by lawyers.

Because every transaction is different, we recommend that your buyer clients carefully consider the advantages and disadvantages of using an escalation clause, and to always consult with an attorney before including one in an offer.

Your buyer should consider a few things before using an escalation clause in their offer.

The form will be accompanied by a two page explanation sheet to give buyers and sellers more information to consider when using these clauses.