Sentences with phrase «covenant in»

The court there stated that the issuance of a permit, which is in any event governed by bylaw, can not amount to a promise that a restrictive covenant in favour of the city would not be enforced.

We began writing these down to better focus our intention, and we look forward to hanging this culture covenant in our home alongside our marriage covenant.

Doubtless, the claimant created major difficulties for itself in neglecting to include a restrictive covenant in the defendant's employment contract.

M&S relied on the tenant's covenant in the lease to pay the rent yearly and «proportionately for any part of a year by equal quarterly instalments in advance».

If TWU deletes its covenant in 2025, thereby making graduates eligible for admission to Nova Scotia, would students who graduated prior to 2025 still be banned from admission?

Bell & Scott LLP v. Kaye [2009] CSOH 51 & 111 Commercial Court; solicitors» partnership dispute; construction of restrictive covenant in business transfer agreement.

The mortgagee may issue a Statement of Claim for judgment under the covenant in the mortgage and / or an order for possession of the property;

Entries on the role of constitutional tradition and constitutional covenant in yesterday's debate will follow shortly.

The major issues on the appeal were the effect of an insurance covenant in a contract made between the plaintiff and one of the defendants (UPS) in a significant claim involving damage to vaccines stored in a temperature - controlled environment, and whether the defendants other than UPS, including Hilly's client, were entitled to take the benefit of the insurance covenant.

The Ontario Court of Appeal released an interesting decision recently in a case involving the enforceability of a non-competition covenant in a franchise dispute involving the MEDIchair franchise system.

The court reversed the decision of a Superior Court of Justice application judge (who ruled in the franchisor's favour) and found that the restrictive covenant in the franchise agreement was unenforceable in Peterborough.

The restrictive covenant in the franchise agreement applied on the termination of the franchise agreement.

By contrast, the restrictive covenant in the context of the franchise relationship is made with respect to multiple and often numerous locations across a large region, in this case Canada; often locations existing at the date of termination and which were non-existent at the time of providing the covenant.

There was no need to determine whether the restrictive covenant in this case (i) was entitled to a presumption of reasonableness (as done in the commercial context), (ii) required a high level of scrutiny (as done in an employment contract), or (iii) perhaps fell somewhere on a spectrum between these two ends (as is assumed in respect of franchise agreements, which are typically contracts of adhesion yet involve independent contractors in a commercial context).

As part of the resale, the franchisee's two principal owners executed personal covenants agreeing, among other things, to comply with the restrictive covenant in the franchise agreement.

Controversy arose within the legal and lesbian, gay, bisexual and transgender communities because all students, staff and faculty at the school must adhere to a covenant in which they agree not to engage in «sexual intimacy that violates the sacredness of marriage between a man and a woman.»

The Ontario Court of Appeal released an interesting decision recently in a case involving the enforceability of a non-competition covenant in a...

In the second, MEDIchair LP v. DME Medequip Inc. et al., the court considered a restrictive covenant in a franchise agreement in the context of the current business of the franchisor and determined that it was unreasonable to enforce it.

Nevertheless, by distinguishing the wording of the restrictive covenant in this case from the wording of the restrictive covenant in Aquadel Golf Course Limited v Lindell Beach Holiday Resort Ltd, 2009 BCCA 5 (CanLII), reversing 2008 BCSC 284 (CanLII), it usefully contributes to an understanding of when a covenant will be considered negative in substance.

It does not offer any new law on the requirements for a valid restrictive covenant in equity or on the specific requirement that a restrictive covenant must be negative in substance.

This case, with its positively worded covenant that the lands «will be developed only for use as a golf course» is usefully compared to the negatively worded covenant in Aquadel with its promise «not to use the land for any purpose other than as a golf course».

Representing a national supermarket chain in successfully enforcing a restrictive covenant in a shopping center lease against a major national discount retailer.

If a covenant in the bond were breached, the impairment of this contract interest by a criminal act might give rise to standing.

The High Court has handed down its decision in ICAP Management Services Limited v Berry & BGC holding that the claimant was entitled to a permanent injunction to restrain a former employee, Dean Berry, from breaching a garden leave covenant in his employment contract by going to work for a competitor, BGC.

A covenant in an agreement that is contrary and contradictory to the principle of section 27 of the contract act and in violation of principles in article 19, protected and guaranteed under the constitution of India, are restrictive covenants in law and not enforceable.

The judge, relying on the well established authority of Gentle v Faulkner [1900] 2 QB 267, agreed with NatWest that unless there is any contextual reason for supposing otherwise a covenant in a lease against assigning demised premises covers only a legal assignment.

In Donaldson Travel Inc. v. Murphy, the Ontario Court of Appeal recently upheld a lower court's decision that a restrictive covenant in an employment contract was an unenforceable non-compete clause.

Where the debt limitation covenant in a lending agreement with the bank is ambiguous as whether or not a particular form of financing counts against the limit — should we risk being sued by the bank if we think that we need that financing?

Lead counsel for defendant waste management and recycling company concerning validity of restrictive covenant in deed (plaintiff dismissed lawsuit)

In Illinois, the basic test is whether the restrictive covenant in an employment contract is reasonably necessary to protect the employer from improper or unfair competition, depending on the facts of each case.

Words matter, and nowhere more so than in a restrictive covenant in an employment contract.

The Judge hearing the case concluded that the restrictive covenant in question was «manifestly too wide» and that the arguments advanced by A via its lawyers were simply «wrong».

In this case, the focus was on what was meant by the word «business» in a restrictive covenant in the employee's employment contract.

In addition to a reasonable duration and geographical area, any restrictive covenant in an employment contract must be related to a protectable business interest.

A covenant in the financing proceedings requiring the charging of rates or fees for the use of specified facilities or operations at least sufficient to achieve a stated minimum coverage.

Instead of revering the «bow in the cloud» of Genesis, that ancient sign of His promise never again to destroy Earth's living creatures, the cultists said to look to the white comet, to a new covenant in which animals didn't fit, and on one continent after another, they found ways to tip already endangered whole ecosystems toward their bowls of ashes.

Accordingly, borrowers will be required to covenant in the credit agreement to provide ongoing financial and project information not only during construction, but so long as any Bureau credit instrument is outstanding and / or until any debt obligation to the Federal Government is fully repaid.

This cup the new covenant in my blood, shed for you,» or some variant of these words.

But with our knowledge that the Second Coming is still to come and that the covenant in Jesus is still in process of being fulfilled, it is more appropriate to situate the new covenant, along with the new creation, new Jerusalem, new heaven, new people, new earth, at the eschaton.

This is not to deny that the new covenant is already present in earlier covenants, but this presence is germinal and inchoate, not only in the covenant of Noah, Abraham and David, but in the present Christian covenant in Jesus.

The historical, etiological and theological meaning of the covenant in relation to the patriarchs (Genesis 12 - 50), the Sinai decalogue (Exodus 19 - 20), the Covenant Code (Exodus 2:1 - 24), the work and person of Moses (Exodus 32 - 34), the priestly cultus and ethic (Leviticus 16, 19, 23 - 26), the narratives of wilderness and occupation (Numbers 5 - 6, 11 - 17, 20 - 24; Joshua 1 - 12, 23 - 24).

It is covenant in which the human role is very nearly passive.

It is covenant in this interpretation which is recounted in Genesis 17 (P), where Israel's commitment is sealed in the rite of circumcision.

P's role is in substance seen to be relatively slight except in 17 (covenant by circumcision, the P parallel to the JE covenant in Yahweh's promise, the response of faith, and Yahweh's irrevocable commitments to promise in ch.

1612 The nuptial covenant between God and his people Israel had prepared the way for the new and everlasting covenant in which the Son of God, by becoming incarnate and giving his life, has united to himself in a certain way all mankind saved by him, thus preparing for «the wedding - feast of the Lamb.

Both are committed to covenant in circumcision (Gen. 17; Ex.

In the same way he took the cup after supper and said «This cup is the new covenant in my blood.

Or does the love / trust covenant in which people have experienced brokenness and poured out self - giving love for one another make the sacrament come alive?

He is not merely the prime mover of Greek philosophy or the God of the covenant in the Old Testament.

The Lord talks about the new covenant in His blood.