Sentences with phrase «contractual provisions»

And, you know, I actually don't know how widespread the use of those kinds of contractual provisions are.

Nevertheless, for those proactive organizations concerned about the bottom line, the key is to draft contractual provisions that will withstand judicial scrutiny.

Clients also seek our advice in drafting and interpreting contractual provisions concerned with the application of freedom of information legislation, and on the potential implications of providing confidential information to government.

In essence, the employer's actions could not validate an otherwise invalid contractual provision.

I would like some legal technology to make it easy to track the use of and variation in certain standardized contractual provisions.

Responsibilities include assisting with preparing contractual provisions & administering contract proposals, preparing bids, and negotiating specifications.

If you are serving a notice, whether under a break clause or other contractual provisions, service by the due date and on the right party is critical.

Is there any type of contractual provision in these NFL players such as not disrespecting the team or some kind of vague reference that you think that these owners could point to and hang their head on if they really wanted to sit on that contract?

Determine applicable coverage, appropriateness of charges and proper benefits for each claim based on contractual provisions, limitations, exclusions, state mandates and established company practices

Convertible Term: A policy that may be changed to another form by contractual provision and without evidence of insurability.

You should also attempt to manage risk via contractual provisions such as insurance, the right to control the defence of any claims, defined responsibilities, indemnification, and law of the contract.

Represented a real estate development company in multi-party litigation alleging that sale of a company that owned land on which developer had development rights constituted breach of contractual provisions providing for right of first offer.

Under Ontario's Employment Standards Act, 2000 («ESA, 2000»), an employer need not provide a recall date to laid - off employees unless contractual provisions state that a recall date is required.

Although charter schools have their own boards (created by the founders of the school), they are still directly accountable for their academic and financial performance to either the local school board or the Superintendent of Public Instruction (SPI) through the specific contractual provisions of their charters.

Utilising a form contractual provision irrespective of the level of employee provides a good argument that the provision is not reasonably necessary to protect the legitimate business interests of the employee.

This doctrine has been applied to render contractual provisions unenforceable in numerous situations, such as some non competition agreements, contracts to commit illegal acts, and contracts that provide that certain statutes do not apply to the parties and their agreements.

The Court, with reference to Whiten v. Pilot Insurance Co., 2002 Carswell Ont 537, explained that an actionable wrong is «a breach of a distinct and separate contractual provision or other duty such as a fiduciary duty.»

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.

On 18 May 2015, Barclays issued a summary judgment application on the basis that there is no defence to its claim that the Milan proceedings fall within contractual provisions giving exclusive jurisdiction to the English courts.

The Supreme Court has ruled that, in the absence of an express contractual provision to the contrary, notice of dismissal by post starts to run when the letter comes to the attention of the employee and they have either read it or had a reasonable opportunity of doing so.

After the separation agreement has been finalized, one of the parents or the children can petition the court to revise the sections pertaining to the children, presenting proof to show why one or more contractual provisions are not in the children's best interest.

Under Florida law, contractual provisions for attorneys» fees and costs are strictly construed, meaning that enforcement of the provision will be limited to its own terms.

«It has been a long battle over what we thought was a simple contractual provision,» Jon Patton, a lawyer for SCA, said in an interview.

It remains to be seen whether a more draconian contractual provision, such as one which would expressly seek to effect a waiver of more fundamental Art 6 rights, will be upheld in this manner.

Employers will often seek to protect themselves with contractual provisions such as restrictive covenants, but these steps have only been partially successful and have often been viewed as window dressing, unlikely to be enforced by a court more often swayed by the freedom of the worker to exploit his experience; a restrictive covenant will be void except where, in essence, it operates no further than is necessary to protect a legitimate business interest.

The courts have recently considered two issues of principle: the nature and effect of contractual provisions referring to the arbitral process vis - à - vis Art 6; and The extent to which Art 6 applies to the court review process pursuant to AA 1996.

Construction professionals, executives, managers, and attorneys will learn about the different types of bonds, how to identify and discuss issues related to bond and contract claims, and explain the most important construction contractual provisions.

I like to write articles (and draft, argue and mediate disputes over contractual provisions), but I am concerned about the effects of the constantly shifting winds on employers, employees and counsel.

The case highlights that in almost all cases franchisors should obtain a registered trade mark before franchising and if they do not, very clear written contractual provisions must be agreed setting out who owns the goodwill in the trade marks and what is to happen following termination.

Our lawyers also work with clients to draft and negotiate contractual provisions addressing environmental indemnity and other critical environmental issues in connection with land sales and financing agreements.

The comments are addressed to the nature of Mr. Gauthier's public policy claim, the Appellant's position being the applicable contractual provisions are unconscionable and should not be enforced.

We also advise on regulatory compliance (such as financial services regulation and data protection), procurement and supply chain risk — including contractor vetting and cyber contractual provisions, and cyber issues in the context of corporate due diligence, joint ventures, projects and outsourcing.

utilization of incident reports and special contractual provisions designed to restrict liability exposure

Freedom of contract prevails unless a specific contractual provision conflicts with a mandatory provision of law.

The decision of SSE Generation Ltd v Hochtief & Other [2015] CSOH 92 was a timely reminder that parties may not fully appreciate how contractual provisions, such as indemnity and insurance, can substantially impact the commercial viability of a project.

Landlord compensate by using contractual provisions.

The charterers could have protected against such a liability by an appropriate contractual provision, but did not do so.

Going beyond executing code, a startup called Agrello provides a platform for legally - binding smart contracts By producing and managing both a blockchain - encoded smart contract and also a legally - binding digitally - signed document, the solution ensures that whatever contractual provisions are entered into in its blockchain, these are also executed in real life through legally - enforceable agreements.

Analyze and interpret complex compensation and purchase arrangements in order to develop contractual provisions; Review and analyze contract performance with business teams

Apart from contractual provisions regarding loss or damage to property, state law may dictate which party — seller or buyer — bears the risk of loss during the pendency of a transaction.

Andrew Pearce and David Stockel, shareholders in BoyarMiller's litigation group, presented this lecture on contractual provisions.

At paragraph 82, the SCC noted that an actionable wrong can be established with a breach of a distinct and separate contractual provision or other duty such as a fiduciary duty.

These checklist requirements then get targeted to contractual provisions in a retainer agreement.»