Sentences with phrase «contract out of the duty»

The parties can not agree to contract out of this duty.

The Court of Appeal interpreted a portion of s. 134 of the Ontario Business Corporations Act that says one can not contract out of these duties.

On another note, while you correctly cite the judgement for the principle that you can't contract out of the duty of good faith, I think there are steps that can be taken to reduce the potentially negative impact of the decision.

Not exact matches

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, OUR LIABILITY TO YOU IN RESPECT OF ANY LOSS OR DAMAGE SUFFERED BY YOU AND ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR FOR BREACH OF STATUTORY DUTY OR IN ANY OTHER WAY SHALL NOT EXCEED $ 50.

In the midfield, (including RWB & LWB) we have a whole bunch of tweeners... none offer the full package, none make sense in our manager's current favourite formation, except for Sead on the left and Ox on the right, and all of them have never shown any consistency for more than a heartbeat... Sead, who I'm including in this category because of our present formation, looks like a positive addition, minus his occasional brain farts, but I would rather see what he could do in a back 4 before making my mind up... Ox, who has never played better, which isn't saying much considering his largely underwhelming play in previous seasons, seems to have found a home in this new formation; unfortunately, can we really expect this oft - injured player to handle the taxing duties that come with said position over the long haul, not to mention, it looks like he has no intention of staying... Ramsey has relied on the empathy that stems from his gruesome injury years ago and the excitement that was generated a few years back when he finally seemed to put in altogether, but on the whole he has been a big disappointment (neither he nor the Ox have scored enough to warrant a regular spot)... Wiltshire should be put on a weekly contract then played until he suffers his first injury, if and when that occurs he should be shipped - out and no one should very be allowed to say his name on club grounds ever again... Elnehy & Coq are average players who couldn't make any of the top 7 teams currently in the EPL... both have showed some great energy on the pitch, but neither are top quality and no good team can afford to have that many average players on their bench playing the same position, especially with Coq's injury history / discipline concerns and Elheny's headless chicken tendencies... as for Xhaka, his tenure here so far has been incredibly underwhelming... we know he has some skills to provide the long ball but his defensive work is piss poor and he gives the ball away too cheaply and far too often... finally, the enigma himself, Ozil, so much skill with his left foot but his presence has been more frustrating than uplifting... in many respects his failure has been directly related to the failure of this club to provide him with the necessary players up front, minus Sanchez of course, and unless something drastic happens very soon his legacy will be largely a negative one (much like Wenger's)

Sherwood was relieved of his duties as Tottenham head coach after six months, despite holding an eighteen - month contract, a contract that nobody could picture him seeing out.

The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

In municipalities that contract their animal control duties out to a private agency, those contracts are often numbers - based, with the contracting agency being paid according to the number of animals entering the shelter, giving them an even greater incentive to levy enforcement fines that lead to owner surrenders.

The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

Used to start out with Call of Duty but, with that contract ending and going to Sony it starts with Bonnie Ross from 343 Industries taking the stage to talk about Halo, goes to Battlefield now, Microsofts turn to show Assassin's Creed this year, they go on to two more third - party games, then Phil Spencer comes on stage to announce everything from that point on will be Xbox and Windows 10 exclusive kicked off with Turn 10 and their next Forza title, then they'll show their next Fable game, Chris Charla will then be on stage to talk about [email protected] they'll show some Hololens stuff, talk about Xbox Live and will finish off with The Coalitions new IP, hopefully, otherwise it'll be Gears of War 5 to close it out and then Phil Spencer will come on stage and say: «We've shown you today that we have the best in class first - party developers working on exclusive games for the most power console ever, we've shown you we have support from third - party developers which have chosen to showcase their games for the most powerful console.

As Justice Newbury points out, lawyer and client are not typical contracting parties and are not equal; among other things, the lawyer owes a fiduciary duty to the client, owes professional duties to the court, takes on most or all of the financial risk, and possesses expertise that the client lacks (para. 92).

Whether you need to staff up for a busy time, or you need to replace someone who's going on leave, a Temporary Employment Contract sets out the conditions of the temporary position, and defines the duties of the newly hired employee, how and when they'll be paid.

That brings up another one of these ethical duties, of course, that we have to pay attention to who we contract out things with, who we employ and whatever.

And so again, even if you were contracting out part of this or turning over part of the responsibility to someone else, that does not free you of your duty to maintain all of your competences.

In general, this is akin to other doctrines such as duress (for example, feeling forced to enter an agreement out of fear), or duty to disclose (for example, the offeror did not disclose an important defect in the goods) before the contract was signed.

The court made it clear the duty of honesty can not be contracted out of, however, Cromwell did say parties should be free in some contexts to «relax» the requirements of the doctrine as long as they «respect its minimum core requirements.»

Patricia also litigates complex business issues that arise out of breach of fiduciary duty claims, breach of contract claims, shareholder disputes, corporate dissolutions, trade secret issues and real estate matters.

He has assisted clients in a variety of disputes arising out of, among other things, breaches of contract, breaches of fiduciary duties, fraud, conversion, civil theft, and deceptive and unfair trade practices.

The Ontario courts have typically analyzed the parties» rights and obligations arising out of system changes through the terms of the contract and the parties» duty to carry out their obligations in good faith and through fair dealing.

The extent to which a contract added to the weight of duty of confidence arising out of a confidential relationship would depend upon the facts of the individual case.

As the appellants point out, the action is proceeding to trial on the Arthur Wishart Act claims, which include allegations of a breach of the duty of fair dealing and deficient disclosure, the claims in negligence, and for breach of contract.

Currently 72 out of 112 HPCDS contracts cover a single County Court with the rest of them running duty schemes at two to four courts in their local area.

For example, the contract could be subject to immediate termination in the event of gross misconduct on the part of the employee, or the employee fails to carry out the duties and responsibilities specified in the contract.

Cole says it's the only case that speaks to the ability to contract out of or around fiduciary duties.

«So you couldn't put a clause in your agreement that says, quite apart from the terms of this agreement or what the Supreme Court has said in Bhasin, the parties are not required to perform any of these obligations in good faith because, in Bhasin, the court was clear you can't contract out of this underlying duty of honest performance.»

In the corporate arena, we regularly advise on commercial disputes arising out of corporate contracts or transactions including acquisitions, investments and re-organisations, shareholder arrangements, directors» duties and corporate finance transactions.

A split - dollar «policy» is not an insurance policy but refers to a contract between the parties that sets out their duties to split the costs and their rights to share in the proceeds of an insurance policy.

The Supreme Court may contract with a public or private agency that does not provide defensive driving schools in this state pursuant to this article to provide assistance in carrying out the duties of this article.

Duties include: - Account manage large contracts, developing stronger relationships Ensure all shift and requirements (including last minute) are covered Maintain regular contact with Drivers; confirm availability, booking out and any additional information Deal with incoming Candidate queries (holiday requests, payroll issues, accident reports) Attend and lead team meetings Meeting, greeting and completing face to face inductions and telephone assessments Ensure candidate eligibility and compliance (ID, Right to Work, DVLA Checks, Certificates and Qualifications) The unwavering reputation of my client as one of the most honest and reliable recruitment services — never compromising on quality — has continued since its establishment over 25 years ago.

Other duties include evaluating the work performance of subordinates, in order to advice on the expectations and requirements of the position, providing feedback on performance, traveling to out of state and local sites to confer with subordinates or customers, to perform tasks and establishing contracts, procuring supplies, parts, services and equipment necessary to enhance or repair the communication systems.

A contract specialist carries out various types of duties such as a mixture of formal contract formulation, research, cooperation, and management relevant to architect engineer, expert services, structure, maintenance services.

• Successfully lead three construction projects to fruition by employing exceptionally well - placed multitasking and project management skills • Complete all projects to date within allocated budgets, 15 out of which had extra cash left over • Confer with clients to determine their project management needs and develop plans to meet those needs • Supervise and direct overall project activities, including planning and coordinating • Maintain change order and submittal control logs and prepare project documentation • Handle contract submittals so that they are submitted in a time - efficient manner • Ascertain the project quality control plans are in effect and followed properly • Handle site investigation duties and manage review of ordinances and utility service research

We currently have a contract which requires a number of flexible employees to carry out production duties within a growing manufacturing site and we need a backshift co-ordinator to assist the full time staff with managing them.

Medical Billing Manager BRONX MEDICAL CENTER, Bronx, NY 6/2012 to Present • Lead medical billing and collection processes by handling calls and correspondence on all overdue balances • Coordinate efforts with management to develop meaningful metrics and ensure that they are achieved • Develop and train team members to carry out specific medical billing, coding and collection activities • Oversee the operations of the billing department to ensure coordination of medical coding, charge entries, claims submissions and payment postings • Follow up on accounts receivables and handle reimbursement management duties • Analyze billing and claims for accuracy and completeness and ensure that claims are submitted to appropriate insurance entities • Prepare and analyze accounts receivable reports and insurance contracts • Audit present procedures to monitor and improve the efficiency of billing and collection procedures • Participate in the development and implementation of operating policies and protocols • Realign staff members to meet changing trends impacting coding, collections and accounts receivables

As a Recruitment Consultant your duties will include: * Business to business sales using a variety of techniques including telesales and cold calling * Influencing decision makers at all levels * Exceeding client and applicant expectations * Taking part in presentations to potential clients * Servicing of contracts, including out of hours work where necessary * Positively profiling the recruitment agency within the local community The ideal Recruitment Consultant will hold the following skills and experiences: * A proven track record of generating new and maximising existing business * Have knowledge of Sales and business development * Experience of the Industrial sector is highly desirable * Communication and negotiating skills * Fun and positive Make no mistake this is a challenging position, but for those that succeed the rewards and career potential can be fantastic.

Laci sewell Start date: 10/30/2014 End date: 08/01/16 (this is the day the company is removing contract and we were given 90 day notice) Duties Sent out daily hospital census report Assigned doctors a patient list Enter billing charges Death certificates Sent admission and d / c notification to pcp Notified physicians of incomplete records Scheduled doctors for their shifts Run monthly reports Schedule monthly meetings with physicians and administration Attend conference calls and take minutes Schedule orientation for new physicians.

Information Technology (IT) Director — Duties & Responsibilities Manage IT department, customer service technicians, client / staff training, and a multimillion dollar budget Set and strictly adhere to departmental budgets and timelines ensuring timely and cost effective operations Responsible for 150 servers in a VM / SAN environment, Cisco network, and MAN connection between offices Maintain 4 9's uptime on all IT services and attain 100 % SLA compliance with clarification of SOW terms Successfully manage multiple building moves and build outs with zero IT downtime Oversee PBX to Cisco Unified Communications change, VMWare / SAN implementation, and hosting of 20 ASP clients Create and implement complete helpdesk department and remote resolution of client issues Negotiate and administer contracts and partnerships with vendors, service providers, and other parties Configure, troubleshoot, and support 300 + corporate workstations ensuring efficient, effective, and secure operations Oversee remote network access, VPN support, and phone support for remote executives Install, configure, troubleshoot, and support multiple Windows and SQL servers Design and implement enterprise disaster recovery systems, processes, and policies Plan and develop of LAN / WAN hardware and software requirements, updates, and related equipment Facilitate customer contracts / billing, technical support, and end - user training Train large staffs ensuring they understand the brand and adhere to corporate policies and procedures Collaborate with department managers to identify and address security concerns through IT Security policies Author reports concerning IT department operations, suggested hardware / software updates, and other pertinent data Perform all duties with positivity, professionalism, and integrity Consistently recognized and promoted for excellence in team leadership, customer service, and technical Duties & Responsibilities Manage IT department, customer service technicians, client / staff training, and a multimillion dollar budget Set and strictly adhere to departmental budgets and timelines ensuring timely and cost effective operations Responsible for 150 servers in a VM / SAN environment, Cisco network, and MAN connection between offices Maintain 4 9's uptime on all IT services and attain 100 % SLA compliance with clarification of SOW terms Successfully manage multiple building moves and build outs with zero IT downtime Oversee PBX to Cisco Unified Communications change, VMWare / SAN implementation, and hosting of 20 ASP clients Create and implement complete helpdesk department and remote resolution of client issues Negotiate and administer contracts and partnerships with vendors, service providers, and other parties Configure, troubleshoot, and support 300 + corporate workstations ensuring efficient, effective, and secure operations Oversee remote network access, VPN support, and phone support for remote executives Install, configure, troubleshoot, and support multiple Windows and SQL servers Design and implement enterprise disaster recovery systems, processes, and policies Plan and develop of LAN / WAN hardware and software requirements, updates, and related equipment Facilitate customer contracts / billing, technical support, and end - user training Train large staffs ensuring they understand the brand and adhere to corporate policies and procedures Collaborate with department managers to identify and address security concerns through IT Security policies Author reports concerning IT department operations, suggested hardware / software updates, and other pertinent data Perform all duties with positivity, professionalism, and integrity Consistently recognized and promoted for excellence in team leadership, customer service, and technical duties with positivity, professionalism, and integrity Consistently recognized and promoted for excellence in team leadership, customer service, and technical skills

A Property Settlement Agreement is a written contract between the parties that sets forth their rights, duties, and obligations that arise out of their separation and divorce and may include such things as the division of their property, spousal support, attorney's fees, custody of their children, and child support.

From what you wrote above «if there is a listing out there offering $ 500 for example I will not be showing it to a buyer» this is immoral, against your duties as a buyer's agent, and potentially a breach of your contract (assuming one was in place) with the buyer's that you represent.

Actually, all that this decision stands for is the proposition that parties to a contract must carry out their contractual duties honestly (the duty of «honest performance»).

You are attempting to contract out of your statutory duties.

Your agreement attempts to contract out of some of those duties.

The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

If damage to the property occurs before closing, the contract should have an applicable provision that sets out the duties and options of the parties.

These assessors have been singling out occupied commercial properties by setting assessments based on financing mechanisms that fail to meet standard appraisal definitions of market sales, incorrectly basing taxable value on data relating to sale - leasebacks, turnkey leases and contract rights and duties associated with tenant financing.

You need to check your original contract with your PM that spells out duties and official means of contact.

Never did get an answer to (this) my question on this thread: In contract law, in any contract, can an agent, expressed or implied, or otherwise having accepted the agency, contract out of fiduciary duty and other requirements?

My question still goes unanswered: Can you, by agreeing to place a property «only on the MLS» thereby contract out of any sort of fiduciary duty, expressed or implied, and all related responsibility?

The contract spells out the obligations on the agent (what the agent has agreed to do for the seller) and the law of agency imposes certain duties in fulfilling those obligations (fiduciary duty, etc.) What specific obligations does «agency» impose in your world - in other words does your view on agency mean every agent must advertise a property in the newspaper if the contract does not specifically provide for that (or prepare floor plans, or stage the property)?

And I continue to pose the question (that has no answer apparently): Can you contract OUT OF fiduciary duty (that runs tail - tied to agency?)