Sentences with phrase «contractual language»

Clear contractual language should be used to accomplish this objective.

It means sharing with union leaders where contractual language is blocking progress and working together on a viable solution.

This perspective is difficult to have if you are familiar with contractual language or experienced with the issues that arise when things go wrong in a business relationship.

Virtually nobody but a lawyer actually understands contractual language, yet contracts are enforced all the time.

You can think of the court system as exception handling for real - world contracts and without it, smart contracts will not be able to deal with highly complex contractual language.

In Kielb v. National Money Mart Co., 2015 ONSC 3790, the defendant employer successfully relied on clear contractual language in order to exclude the payment of a bonus at the time of termination of employment.

The standardization of contractual language could have a major impact on the legal profession, Henderson said.

In Bertico, the Court of Appeal found this same implied obligation to provide franchisees with technical support and co-operation meant, irrespective of the express contractual language contained in the parties» franchise agreements, Dunkin' Donuts had an obligation to take reasonable measures to support the brand in Quebec.

[3] The question on these motions for partial summary judgment is whether the applicable contractual language allowing GMCL to do so was sufficiently clear and unambiguous.

Other examples up the recovery to 67 % or 75 % of recovery for prevailing party status, but Mr. Holland actually gives some specific contractual language in various contexts.

Respecting the contract doesn't mean eliminating core initiatives because of concerns about contractual language.

Termination clauses: Similarly, contractual language surrounding termination is often challenged by employees.

Using clear and unequivocal contractual language remains the best way to exclude an employee's entitlement to common law reasonable notice.

Where an employer seeks to have mitigation apply in a contract specifying a fixed amount upon termination without cause, clear and specific language contractual language is necessary.

Silence or ambiguous contractual language is insufficient to rebut the presumption.»

Nothing short of «express contractual language unambiguously delegating the question of arbitrability to the arbitrator....

Home Employment Law Clear contractual language prevails in court decision on incentive payout upon termination

The appellate court found that the attorneys lien contractual language about attaching to «any recovery» was not tantamount to an attachment against all client's assets, validating the arbitrator / lower court's decision to narrowly construe the contractual provision.

Both service organizations and user entities need to review existing outsourcing contracts to determine the type of audit and reports required under the existing contracts, whether the existing contractual language is broad enough to cover SSE No. 16, and whether revisions are necessary to transition to the new standards.

Twitter highlighted a «Moment» featuring contractual language allegedly used by Barstool Sports: They wanted me to sign this.

Those companies whose contractual language permit it have begun to change not only the product that can be converted to, products that can only laughingly be referred to as permanent (West Coast Life), but they have also taken their competitive UL's out of the equation after the 5th year of a term policy (Banner and American General).

Often companies incorporate their online terms and conditions into written agreements, invoices, purchase orders and the like in order to maintain consistency and uniformity of contractual language.

In addition, employers should take care to identify where contractual language has been added for clarity since redundancies may otherwise be used against the drafter.

The court also states, however, that a franchisor can exclude such implied obligations by way of express contractual language.

Termination clauses: Similarly, contractual language surrounding termination is often challenged.

In the absence of any specific contractual language (there was express language in the agreements at issue in Bertico), the court found the franchisor had an implicit duty, as a result of a duty of good faith and loyalty towards its franchisees, to provide them with technical support and co-operation in a manner that would ensure that the underlying considerations of the franchise agreement remained relevant.

, 2015 ONSC 3790, the defendant employer successfully relied on clear contractual language in order to exclude the payment of a bonus at the time of termination of employment.

Now it's possible that there's contractual language in the loan agreement authorizing a storage and inventory fee or the like.

In the guise of protecting the Intel brand, Gerdes says that the company restricts nearly every aspect of how its partner companies use its name in public and in contractual language.

She learned about start - up businesses, contractual language, patents, licensing, and intellectual property during her nearly 2 - year internship.

However, legal and contractual language ought to make it much simpler to terminate ineffective teachers or to mandate that they engage in support activities designed to improve their performance.

Too often we hear about innovative ideas that never leave the planning room or get blocked before launch due to contractual language.

This week, I am putting my name on an amicus curiae brief, along with dozens of other teachers, urging a judge to consider the needs of children ahead of my union's contractual language.

Here is a review of the contractual language as it pertains to preference sheets.

Please note that the contractual language covering teacher programs has not changed.

I see no reason... for publishers to resist sitting down with author and agent and hammering out contractual language that is fair to both sides on this matter.

Futures contracts are often difficult to understand if you are not extremely well - versed in their contractual language, and therefore, are not advisable for beginners.

This will give the Supreme Court of Canada an opportunity to consider the «biographical core of personal information» concept yet again as well as a chance to consider the affect of a contractual language which purports to enable a commercial service provider to collaborate with the police.

I was particularly puzzled by his reference to a time when «the meaning of the contractual language has all been decided.»

Litigation costs will also decline, because there will be fewer disputes when the meaning of the contractual language has all been decided, he argued.

This may include using contractual language to ensure the service provider will assist the lawyer in complying with Law Society investigations.

In the US, most employment is «at will» — outside of contractual language or the goodwill of the employer, there's no entitlement to notice of termination (or pay in lieu), there is also no right to reinstatement if you're dismissed without cause — as is the case for federally regulated employees in Canada and in Quebec and Nova Scotia for most classes of long - service employees.

«Although employees may be dismissed without cause,»em ployment contracts for an indefinite period require the employer, absent express contractual language to the contrary, to give reasonable notice of an intention to terminate the contract if the dismissal is without cause» Reasonable notice allows employees a reasonable period of time to find replacement work.

Nor is there any disagreement about the fact that retirement benefits can be changed even after the employee has retired, provided the contractual language allowing the employer to do so is clear and unambiguous.

This particular structure required us to prepare and put in place the necessary protections and contractual language to avoid risk being shifted to our client.

In Canada, it has been established since at least 1936 that employment contracts for an indefinite period require the employer, absent express contractual language to the contrary, to give reasonable notice of an intention to terminate the contract if the dismissal is without cause...