Sentences with phrase «modified by agreement of the parties»

Similar to custody cases in domestic relations court, child custody can be established or modified by agreement of the parties or by Court order.

Not exact matches

The party isn't going to be able to get around the agreement by hiring outside firms, and even agreed it would not return to court to try to modify this deal or reconstitute some form of DFS for the next three election cycles — basically, a decade.

Courts have also held that the term «submission to arbitration» can include an arbitration agreement modified, amended or supplemented by an arbitral institution's terms of reference agreed to by the arbitrators and disputing parties.

The terms of a settlement agreement are binding on the parties and can not be modified by the court, except as those terms relate to minor children.

Finally, the economics of each trade and other details are evidenced by Trade Confirmations, which are essentially one or more contracts operating under the umbrella of the Master Agreement as modified by the Schedule and the Credit Support Annex (CSA), and which further tailor the transaction to fit the needs of the parties and the derivative product.

A written agreement, which seeks to modify a court order, signed by the parties and the Parenting Coordinator shall be submitted to the court for consideration within twenty (20) days of the agreement being signed.

Any unsettled controversy or claim between the parties arising out of or relating to this Agreement or any breach thereof shall be settled by final and binding arbitration in New York, New York pursuant to the rules then in effect of the CPR Rules of Non-Administered Arbitration and in accordance with the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards; provided that the arbitrator shall have no authority to add to, amend, modify, or ignore any of the provisions of this Agreement.

For instance, the Quebec Court of Appeal recently upheld a judgment of the Quebec Superior Court in which the court, by declaration, modified a clause in a loan agreement because the evidence revealed a discrepancy between the real intention of the parties and the wording of the contract.

1 The limitation period can not be modified or affected by any declaration or agreement between the parties, except in the cases provided for in paragraph (2) of this article.

If the terms involve property division and the agreement has been incorporated, the court can only modify it if it is executory in nature (i.e., it has not yet been completed, such as the transfer next year of a car title to a spouse), as opposed to those items which are already executed by the parties (such as the deed to the house that was signed over to a spouse at the same time as the separation agreement was signed).