Sentences with phrase «covered by the clause»

Generally, when parties have included an arbitration clause in their contracts, any court proceedings covered by the clause must be stayed.

Disputes like this wage payment disagreement were covered by a clause in the contract that called for binding arbitration, the employer argued successfully to the trial judge.

Although it was an independent contractor agreement, rather than an employment contract, it had a similar arbitration clause, and that provision similarly was lacking in specific statutory claims that were covered by the clause.

If the relevant consumer protection law has a minimum $ 5,000 statutory damages amount for some claims covered by the clause, this clause would prevent it from being invalidated, while allowing the merchant to still have access to the consumer unfriendly arbitration forum in which class action lawsuits are probably also barred while class action lawsuits would not be in court.

Not exact matches

The paper report Juve will cover the loss of Giovinco by bringing in Sassuolo's Simone Zaza, a player for whom they have a # 15 million buy - back clause.

In what is a very sensible move from Liverpool, they have covered all bases in the event that Balotelli rediscovers his best form in France and moves on for a big fee in the future, by inserting a 30 percent sell - on clause in the deal, as reported by The Independent.

That clause typically gets covered by the buying club, as it did in Neymar's transfer to PSG.

The bill allowing all veterans to buy added pension time was vetoed by Cuomo last year because, notwithstanding a clause in the governor's Tier 6 pension reform, it failed to appropriate money to cover the projected state and local government share of the «past service» catch - up cost of the measure.

«This is compounded by the fact that many supply teachers are being asked to sign contracts which include gagging clauses designed to cover up a range of illegal practices.

The original Tier 6 bill itself contained a clause allowing any public employee union, including those representing court officers, to petition the governor for a restoration of early retirement at age 57, but only on the condition that the added cost would be covered by added employee contributions.

But unlike the other charges, it was covered by a controversial secrecy clause protecting donors to Northern Irish parties from public scrutiny.

First, secondary legislation passed under clause 9 will either be affirmative, or be covered by the new sifting committee.

(d) With respect to commercial plans, the Contracting Officer who approved the plan will perform the functions of the Contracting Officer under this clause on behalf of all agencies with contracts covered by the commercial plan.

Many publishers were caught by not having a clause that covered e-books.

As used in this paragraph, a «Covered Borrower» means any person who, at the time such person becomes obligated on a loan transaction or establishes an account for consumer credit, satisfies the requirements under any one or more of the following classifications, or is otherwise under applicable laws deemed to be a «Covered Borrower» under the Military Lending Act, 10 U.S. Code Section 987: (a) An active duty member of the Army, Navy, Marine Corps, Air Force or Coast Guard, or a person serving on active Guard and Reserve duty (a person described in this clause (a) of the definition of «Covered Borrower» is hereinafter referred to as a «Service Member»); or (b) Any of the following persons, relative to a Service Member: (1) The spouse; (2) A child under the age of 21; or (3) If dependent on the Service Member for more than one half of such person's support, any one or more of the following persons: (i) A child under the age of 23 enrolled in a full time course of study at an institution of higher learning; (ii) A child of any age incapable of self support due to a mental or physical incapacity that occurred before attaining age 23 while such person was dependent on the Service Member; (iii) Any unmarried person placed in legal custody of the Service Member who resides with such Service Member unless separated by military service or to receive institutional care or under other circumstances covered by Regulation; or (iv) A parent or parent - in - law residing in the Service Member's houCovered Borrower» means any person who, at the time such person becomes obligated on a loan transaction or establishes an account for consumer credit, satisfies the requirements under any one or more of the following classifications, or is otherwise under applicable laws deemed to be a «Covered Borrower» under the Military Lending Act, 10 U.S. Code Section 987: (a) An active duty member of the Army, Navy, Marine Corps, Air Force or Coast Guard, or a person serving on active Guard and Reserve duty (a person described in this clause (a) of the definition of «Covered Borrower» is hereinafter referred to as a «Service Member»); or (b) Any of the following persons, relative to a Service Member: (1) The spouse; (2) A child under the age of 21; or (3) If dependent on the Service Member for more than one half of such person's support, any one or more of the following persons: (i) A child under the age of 23 enrolled in a full time course of study at an institution of higher learning; (ii) A child of any age incapable of self support due to a mental or physical incapacity that occurred before attaining age 23 while such person was dependent on the Service Member; (iii) Any unmarried person placed in legal custody of the Service Member who resides with such Service Member unless separated by military service or to receive institutional care or under other circumstances covered by Regulation; or (iv) A parent or parent - in - law residing in the Service Member's houCovered Borrower» under the Military Lending Act, 10 U.S. Code Section 987: (a) An active duty member of the Army, Navy, Marine Corps, Air Force or Coast Guard, or a person serving on active Guard and Reserve duty (a person described in this clause (a) of the definition of «Covered Borrower» is hereinafter referred to as a «Service Member»); or (b) Any of the following persons, relative to a Service Member: (1) The spouse; (2) A child under the age of 21; or (3) If dependent on the Service Member for more than one half of such person's support, any one or more of the following persons: (i) A child under the age of 23 enrolled in a full time course of study at an institution of higher learning; (ii) A child of any age incapable of self support due to a mental or physical incapacity that occurred before attaining age 23 while such person was dependent on the Service Member; (iii) Any unmarried person placed in legal custody of the Service Member who resides with such Service Member unless separated by military service or to receive institutional care or under other circumstances covered by Regulation; or (iv) A parent or parent - in - law residing in the Service Member's houCovered Borrower» is hereinafter referred to as a «Service Member»); or (b) Any of the following persons, relative to a Service Member: (1) The spouse; (2) A child under the age of 21; or (3) If dependent on the Service Member for more than one half of such person's support, any one or more of the following persons: (i) A child under the age of 23 enrolled in a full time course of study at an institution of higher learning; (ii) A child of any age incapable of self support due to a mental or physical incapacity that occurred before attaining age 23 while such person was dependent on the Service Member; (iii) Any unmarried person placed in legal custody of the Service Member who resides with such Service Member unless separated by military service or to receive institutional care or under other circumstances covered by Regulation; or (iv) A parent or parent - in - law residing in the Service Member's houcovered by Regulation; or (iv) A parent or parent - in - law residing in the Service Member's household.

52 percent of balances at major credit card issuers were covered by mandatory arbitration clauses, compared to 31 percent at smaller banks — and just 2.5 percent at credit unions.

I believe this is very different to climate research which as far as I know is not covered by patents or commercial in confidence clauses.

-- Pharmaceutical Company v. Insurers: Confidential arbitration proceedings relating to liability insurance and its application to US pharmaceutical risks (policy governed by New York Law) giving rise to issues as to the scope of cover / exclusion clauses.

All three have in common that they are the based in the common law, and were until the Trademark Cases held to be covered by the Copyright Clause.

Crowden argued that this clause was inconsistent with the aim of a professional indemnity policy, which is to provide cover for losses caused by the IFA's negligence, and as an exclusion clause it should be construed narrowly.

First, it broadens the entities covered by 7 (3)(c. 1) to include not only law enforcement agencies, but those requesting the information in order to perform «policing services» (Clause 6 (6)-RRB-.

While he'd planned to cover familiar historical cases such as Marbury v. Madison and more recent cases such as Obergefell v. Hodges for his Beijing students this past spring, he found that his students were captivated by the travel ban litigation and emoluments clause lawsuits against President Donald Trump's administration.

The Arbitration Act itself specifically provides that Courts are not to interfere in disputes covered by an arbitration agreement other than for the limited purposes of assisting in the conduct of arbitrations, ensuring that they are conducted in accordance with arbitration clauses, to prevent unequal or unfair treatment of parties to arbitration clauses, and to enforce arbitration awards.

Some assume that this is covered by the general choice of law clause in the contract.

Such provisions can work, but case law, including Triodos Bank NV v Dobbs [2005], shows that an agreement that an indulgence clause will only be found by the courts to cover amendments which fall within the purview of the original guarantee.

Since the federal government doesn't get to totally write the law for everything, the FAA applies only to transactions covered by the Commerce Clause.

While liability insurance covers the others who may be injured by your negligence, there are several clauses in an insurance policy that apply if you have been injured:

Lady Hale then went through the job description of the Labour Ward Co-ordinator and explained how most functions would not be covered by the conscience clause.

You could include an indemnification clause requiring an infringer to cover your costs created by his actions, but then you would have to locate and sue the infringer to actually cover those costs.

The Judge found that the applicant's claims were covered by the arbitration clause and granted the respondents» motion to stay the application.

This shift in interpretive focus is exemplified by the court's refusal to consider the exclusion clause for prior claims once it concluded that the parties intended for the Lloyds Policy to cover such claims.

This exclusion included a clause that said it did not apply to a «use of reasonable force to protect persons or property,» meaning that injuries caused as a result of self - defense or defense of others would be covered by the policy.

It also recommended the introduction of a new clause giving the government power to approve guidance prepared by appropriate bodies, and such guidance should, at a minimum, cover the meaning of «adequate procedures».

Instead, contracts typically have an indemnity clause, which states that the client must protect you by covering your legal costs and whatever damages you are assessed, if their wrongful act lands you in trouble.

In light of that uncertainty, the question arises whether a nondelivered speech printed in the Congressional Record is covered by the Speech or Debate Clause.

The Court held that since the pollution exclusion clause specifically referred to property damage «caused by, or contributed to» by the release of pollutants, it meant that the policy would not cover liability associated with such a release, regardless of whether it was the sole or concurrent cause of the loss.

A pregnant lady is not covered if claims fall under exclusions of pregnancy clause imposed by the insurer at the time of issuing the policy.

Riders are optional clauses in insurance policies which offer additional financial security by payment of a nominal extra amount over and above the premium to cover disability, death etc..

Suicide may be covered by life insurance in many cases, however the clauses in a life insurance policy are meant to stop people from only buying a policy because they want to leave money to their family after a suicide.

This clause applies if your insurer has paid a claim for property damage or loss of income that is covered by your policy.

In 1941, the insurance industry began to shift to the current system where covered risks are initially defined broadly in an «all risk» [16] or «all sums» [17] insuring agreement on a general policy form (e.g., «We will pay all sums that the insured becomes legally obligated to pay as damages...»), then narrowed down by subsequent exclusion clauses (e.g., «This insurance does not apply to...»).

Because your policy contains a liberalization clause, property contained in a temporary storage unit will be automatically covered by your policy.

Joe forgot to make his payment on time, but this clause helped to cover the cost of the premium by reducing the cash value of the plan.

One is the deferment clause whereby the child is not immediately covered by the plan.

Although you may be able to work with the insurance company and create a clause in the contract that specifies any damages caused by Fido won't be covered in the policy.

Meaning that the floodwaters that you thought were covered by the water damage clause in a standard renters policy will actually be covered by a broad form policy.

I assured him that because of the contestability clause being two years, he was fully covered by those policies no matter where he died.

Chubb argued that the paint was covered by an exclusionary clause for pollution.

I wonder if perhaps some Boards or Associations have covered this off by revising their listing agreements to include a clause that solicits the permission of the seller.

TIP: Remove the need to improvise by using only state - or company - approved forms and clauses and standardized cover letters for each stage of a transaction.