Sentences with phrase «exclusive use clauses»

In order to properly comprehend the scope of the use and exclusive use provisions each box store is likely to require, the landlord can often contact the business representatives of the box stores to request copies of their respective use and exclusive use clauses from their form leases.

Not exact matches

4.2.9 Practice Inter Library Loan (ILL) of articles or components of the Licensed Materials for noncommercial use in compliance with Section 108 of the United States Copyright Law (17 USC 108, «limitations on exclusive rights: Reproduction by libraries and archives») and clause 3 for the Guidelines for Proviso of Subsection 108 (g)(2) prepared by the National Commission on New Technological Uses of Copyrighted works.

As such, the act serves the spirit of the United States Constitution, insofar as it is used «to promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries (Article I, Section 8, Clause 8).»

In multi-tenant facilities, landlords must also keep track of the exclusive - use rights, expansion rights and co-tenancy clauses they have granted to tenants.

Typically, each of the box stores desires to have a use clause allowing it to operate its store for any lawful purpose, while at the same time, prohibiting the landlord from permitting any other store to compete with its operation (the exclusive).

If use clauses are not carefully negotiated, the result may be the exclusion of tenants the developer never suspected would be affected by the exclusive granted to another tenant.

By carefully drafting the use clause so as not to be overbroad but to include clear and precise uses, franchisors can, in many instances, co-exist with other similar retailers even where those retailers have exclusives.

79 DOS 99 Matter of DOS v. Pagano - disclosure of agency relationships; failure to appear at hearing; proper business practices; unauthorized practice of law; unearned commissions; vicarious liability; fraudulent practice; jurisdiction; ex parte hearing may proceed upon proof of proper service; DOS has jurisdiction after expiration of respondents» licenses as acts of misconduct occurred and the proceedings were commenced while the respondents were licensed; licensee fails to timely provide seller client with agency disclosure form prior to entering into listing agreement and fails to timely provide agency disclosure form to buyer upon first substantive contact; broker fails to make it clear for which party he is acting; broker violates 19 NYCRR 175.24 by using exclusive right to sell listing agreement without mandatory definitions of «exclusive right to sell» and «exclusive agency»; broker breaches fiduciary duties to seller clients by misleading them as to buyer's ability to financially consummate the transaction; broker breaches his fiduciary duty to seller by referring seller to the attorney who represented the buyers when he knew or should have known such attorney could not properly protect seller's interests; improper for broker to use listing agreements providing for broker to retain one half of any deposit if forfeited by buyer as such forfeiture clause could, by its terms, allow broker to retain part of the deposit when broker did not earn a commission; broker must conduct business under name as it appears on license; broker engaged in the unauthorized practice of law in preparing contracts for purchase and sale of real estate which did not contain a clause making it subject to the approval of the parties» attorneys and were not a form recommended by a joint bar / real estate board committee; broker demonstrated untrustworthiness and incompetency in using sales contract which purported to change the terms of the listing agreement to include a higher commission; broker demonstrated untrustworthiness and incompetency in using contracts of sale which were unclear, ambiguous, vague and incomplete; broker failed to amend purchase agreement to reflect amendment to increase deposit amount; broker demonstrated untrustworthiness in back - dating purchase agreements; broker demonstrated untrustworthiness in participating in scheme to have seller hold undisclosed second mortgage and to mislead first mortgagee about the purchaser's financial ability to purchase; broker demonstrated untrustworthiness by claiming unearned commission and filing affidavit of entitlement for unearned commission; DOS fails to establish by substantial evidence that respondent acted as undisclosed dual agent; corporate broker bound by the knowledge acquired by and is responsible for acts committed by its licensees within the actual or apparent scope of their authority; corporate and individual brokers» licenses revoked, no action taken on application for renewal until proof of payment of sum of $ 2,000.00 plus interests for deposits unlawfully retained