I still hope that some good will come out of this and force improvements in
the grant contract language.
Not exact matches
The publisher will also include
language granting them the right to reject the manuscript the author presents, and either requiring changes or canceling the book
contract.
In 1997, the U.S. Global Change Research Program suggested the following
language for
contracts, presumably in the expectation that
granting agencies like D.O.E. would implement the policy:
The Court found that the interpretation of insurance
contracts involves a unique blend of the general principles of interpretation applicable to all
contracts and the unique principles applicable in the insurance setting.22 While courts have found that the «
language of the policy» is the most important factor in determining whether coverage is
granted or excluded, courts have found that where there is genuine ambiguity or doubt, the duty to defend ought to be resolved in favour of the insured.23 Similarly other insurance law principles should be considered, such as the principle that coverage provisions should be construed broadly and exclusion clauses should be construed narrowly.24 It was this last principle that the Court looked to in making a decision in this case.
This decision also highlights the value of a written pension benefits
contract, which could avoid some of the pitfalls of entitlements
granted in the vague
language of human resources materials.
Coldwell Banker Village Green Realty v. Pillsworth (32 A.D. 3rd 568 [3rd Dept.]-RRB-- Order of the Supreme Court
granting broker's motion for summary judgment affirmed; in the absence of an agreement to the contrary, the broker's right to a commission is not contingent upon performance of the underlying real estate
contract, receipt by the seller of the sale price, transfer of title, or even a formal execution of a legally enforceable sales
contract; seller could not utilize the provisions of a subsequently executed sales
contract wherein seller agreed to pay broker's commission «if and when title closes» as a bootstrap to avoid her obligation to the broker under the clear and unambiguous provisions of the listing agreement as such
language was contained in the
contract of sale prepared by counsel and to which broker was not a party; provisions in listing agreement that seller would accept a binder or purchase
contract contingent upon purchaser's ability to obtain conventional financing and provided any other contingencies in the binder or purchase agreement are acceptable to the seller speak only to the type of purchase offer that seller was obligated to accept and does not alter or otherwise qualify broker's right to a commission