Sentences with phrase «not oral agreements»

Let's put aside whether or not an oral agreement is binding, because the best practice is to confirm any settlement in writing.

Not exact matches

(a) Schedule 2.7 (a) of the Disclosure Schedule contains a list setting forth each employee benefit plan, program, policy or arrangement (including any «employee benefit plan» as defined in Section 3 (3) of the Employee Retirement Income Security Act of 1974, as amended («ERISA»)(«ERISA Plan»)-RRB-, including, without limitation, employee pension benefit plans, as defined in Section 3 (2) of ERISA, multi-employer plans, as defined in Section 3 (37) of ERISA, employee welfare benefit plans, as defined in Section 3 (1) of ERISA, deferred compensation plans, stock option plans, bonus plans, stock purchase plans, fringe benefit plans, life, hospitalization, disability and other insurance plans, severance or termination pay plans and policies, sick pay plans and vacation plans or arrangements, whether or not an ERISA Plan (including any funding mechanism therefore now in effect or required in the future as a result of the transactions contemplated by this Agreement or otherwise), whether formal or informal, oral or written, under which (i) any current or former employee, director or individual consultant of the Company (collectively, the «Company Employees») has any present or future right to benefits and which are contributed to, sponsored by or maintained by the Company or (ii) the Company or any ERISA Affiliate (as hereinafter defined) has had, has or may have any actual or contingent present or future liability or obligation.

These Terms and Conditions represent the entire agreement between you and The Endocrine Society with respect to the subject matter hereof, and supersede any and all prior and contemporaneous written and oral representations, understandings, and agreements, express and implied, and will be governed by and construed in accordance with the laws of the State of Maryland, without reference to its conflict of law rules; PROVIDED, HOWEVER, THAT THE TERMS OF ANY APPLICABLE LAW NOW OR HEREAFTER ENACTED THAT IS BASED ON, DERIVED FROM, SIMILAR TO, OR CONNECTED WITH THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT DRAFTED BY THE NATIONAL CONFERENCE OF COMMISSIONERS ON UNIFORM STATE LAWS SHALL NOT APPLY EXCEPT TO THE EXTENT THAT THE LAW EXPRESSLY PROHIBITS ALTERATION BY THESE TERMS AND CONDITIONS OF THE APPLICABILITY OF ONE OR MORE SECTIONS OF THE LAW.

The Agreement may not be contradicted by evidence of any oral agreement or alleged oral agreement and contains the terms applicable to the credit traAgreement may not be contradicted by evidence of any oral agreement or alleged oral agreement and contains the terms applicable to the credit traagreement or alleged oral agreement and contains the terms applicable to the credit traagreement and contains the terms applicable to the credit transaction.

Don't rely on an oral agreement.

(For instance, you can't enforce an oral agreement for a home purchase.)

Make sure that if you are able to work out this type of agreement, do not rely on an oral agreement over the phone.

Finally, really read your disclosures and know that in mortgage lending an oral agreement isn't worth the paper it's (not) written on.

This written agreement may not be contradicted by evidence of any oral agreement.

This written Agreement and Disclosure may not be contradicted by evidence of any alleged oral aAgreement and Disclosure may not be contradicted by evidence of any alleged oral agreementagreement.

They demonstrate that there is an agreement, oral, written or gentlemens, not to disclose the data without permission.

The CRU states that even if they did archive actual data they can't share it for numerous reasons, including agreements with the data providers, some of which have been lost and others of which have been oral agreements only.

The parol evidence rule states that, if an agreement between two parties is made in writing, the parties may not present evidence in court of any oral or implied agreement that contradicts what is written down.

The written or oral expression of a contract can be amended if there is a discrepancy between it and the parties» true agreement, and can not (be amended) where there is no such discrepancy but that true agreement merely produces unintended or unanticipated consequences.

The Supreme Court adopted the Court of Appeal's description of the position under standard contract law (see Lord Clarke's judgment at para 20): ordinarily where the terms are in writing and there are no oral terms then the written terms will, prima facie, represent the whole of the parties» agreement; the parties are bound by the written terms when they sign the contract; the written terms will stand unless they do not accurately reflect what was agreed because of a mistake (generally common to the parties); and no terms which conflict with the express terms can be implied into the contract.

s 9 (2) Where a residence is leased by a respondent under an oral, written or implied agreement and a claimant who is not a party to the lease is granted exclusive occupation of that residence, no landlord may evict the claimant solely on the basis that the claimant is not a party to the lease.

(10) In the trial of an issue under this section, oral evidence respecting an unfair practice is admissible despite the existence of a written agreement and despite the fact that the evidence pertains to a representation in respect of a term, condition or undertaking that is or is not provided for in the agreement.

One common agreement that is used, an oral contract, isn't much of an agreement at all.

it is not possible to retroactively cancel an issuance of shares by way of simple oral consent; issuance of shares can be cancelled only if (a) the corporation's articles are amended or (b) the corporation reaches an agreement to purchase the shares, which requires the directors pass a resolution, the shareholder in question gives his or her express consent and the tests of solvency and liquidity are met

However, the case illustrates how costly it can be for agents to rely on oral agreements and to not have a potential buyer commit to a Buyers Representation Agreement early on, and certainly before the agent begins performing services for the potential buyer.

The very worst case scenarios I've seen are when written or oral agreements are phrased in such a way as to fail in achieving what the lawyer wants, even when the other party is prepared to give it to them, and when the lawyer in question can't understand the law they're reading.

The judge held that an oral agreement had been entered into on 27 February 2012, supported by consideration in the practical benefit that the Respondent would honour some and hopefully all of its obligations, but that this was not enforceable due to the anti-oral variation clause contained in the licence.

erred in holding that the parol evidence rule did not bar Haden's evidence that he and Sacks had an oral agreement capping the fees.

We proposed that when a covered entity could not practicably obtain oral agreement to disclose protected health information to next - of - kin, relatives, or those with a close personal relationship to the individual, the covered entity could make such disclosures consistent with good health professional practice and ethics.

I would like the tenancy agreement marked as Exhibit A.» As with oral evidence, you can request that a document not be entered as an exhibit.

These commenters believed that the NPRM's proposed provision allowing oral agreement would not provide sufficient privacy protection; that it did not sufficiently hold providers accountable for complying with patient wishes; and that it could create liability issues for providers.

You authorize oral authorization of payments over the phone in the credit card agreement that your credit card company sends you every year that you don't read and throw away.

If there is an intent that the agreement along the lines discussed be reduced to writing and signed, this suggests that the parties didn't understand that their oral agreement was intended to be final and binding.

The claimant alleged that he was entitled by an oral agreement to a share of a Russian company known as «Rusal», that English law and jurisdiction had been orally agreed, and that it would not be possible to bring his claim in Russia since he would face assassination, arrest on trumped - up charges and the lack of a fair trial.

[3] Oral agreements are subject to the parol evidence rule, and may not be considered part of the policy if the contract appears to be whole.

This agreement constitutes the entire contract between the SCHOOL and the STUDENT, and any oral assurances or promises not contained herein shall not bind the SCHOOL or the STUDENT.

If your ex takes you back to court alleging that you owe her past due support because you didn't pay during this time, the court probably won't uphold your oral agreement.

any oral or written communication prepared or expressed for the purposes of, in the course of, or pursuant to, any mediation services proceeding or dispute resolution program proceeding, including, but not limited to, any memoranda, notes, records, or work product of a mediator, mediation organization, or party; except that a written agreement to enter into a mediation service proceeding or dispute resolution proceeding, or a final written agreement reached as a result of a mediation service proceeding or dispute resolution proceeding, which has been fully executed, is not a mediation communication unless otherwise agreed upon by the parties.

Technically, the lease itself might not be enforceable, however, there is no doubt the parties concluded an oral agreement.

The court affirmed that under the oral agreement: (1) Broker did not provide a ready, willing, and able buyer who would pay a sales price in excess of the net price of $ 595,000; (2) Seller did not act in bad faith in accepting a lower price; and (3) Broker did not prove that he was the procuring cause of the sale.

The court held that the oral agreement was insufficient to support the commission, but that the broker could recover $ 3,500 (but not a full commission) on a quantum meruit basis.

These Terms constitute the entire agreement and understanding between the parties with respect to their subject matter and may not be contradicted by evidence of any prior or contemporaneous oral or written agreement.

However, Buyer Agency Agreement, Listing Agreements some other various other forms can be oral or implied and don't have to be in writing to be considered valid.

While the Statute of Frauds in many states bars oral agreements for real estate transactions, New Jersey's Statute of Frauds does not bar oral agreements in real estate transactions if a party can show either of the following: a sufficient identification of the property to be transferred, identification of the interest to be transferred, identification of the parties to the transaction, and the existence of the agreement are established in a writing by or on behalf of the party against whom enforcement is sought; or, a sufficient identification of the property to be transferred, identification of the interest to be transferred, identification of the parties to the transaction, and the existence of the agreement proved by clear and convincing evidence.

After all, there was an oral agreement, not matched by the person with priority, with a piece of paper, although drafted after the oral accord taking or placing the deal within the Statute of Frauds.

A prepared a written offer to match the oral agreement and sent it to S. T did not match A's offer but S notwithstanding accepted T's lower offer.

The Supreme Court of Iowa has considered whether a seller and broker's oral agreement to not list the seller's business for sale but would allow the broker to solicit a buyer for the business constituted an unenforceable listing agreement under the state's laws.

The trial court had determined that the Salesperson, per the oral agreement between the Broker and Salesperson, did not earn her commissions until the transaction closed.

Where the agreement is oral, the licensee should obtain the client's agreement that they are permitted to act for other buyers and sellers and that they will not disclose confidential information obtained through other agency relationships.

American Corporate Real Estate v. Lifetime Hoan Corp. (233 A.D. 2d 413)- broker not entitled to commission where building ultimately purchased by buyer was not available for purchase when broker introduced buyer to building; under facts of the case, broker's allegation of oral exclusive broker's agreement is insufficient to warrant denial of buyer's motion for summary judgment.

Goldstein v. Ballirano (262 A.D. 2d 529)- dismissal of broker's complaint affirmed; broker had an oral non-exclusive agreement with the landlord to find tenant for the premises; the mere introduction of the tenant is not sufficient to establish procuring cause; abandonment of the transaction occurred where two years elapsed between sole contact and execution of the lease

Sholom & Zuckerbrot Realty Corp. v. Citibank (205 A.D. 2d 336) alleged oral brokerage agreement not within Statute of Frauds (GOL § 5 - 701 [a][10]-RRB-; summary judgment in favor of Citibank reversed and broker's motion for certain discovery granted; issues of fact are raised as to whether binding oral brokerage agreement existed (notwithstanding that bank did not own property, its position was enhanced as mortgagee).

Hampton Realty v. Conklin (220 A.D. 2d 385)- issues of justifiable reliance and reasonable inquiry; motion for a leave to appeal denied (87 N.Y. 2d 805); non-jury trial judgment in favor of broker for commission reversed; broker not the procuring cause where purchaser and seller discussed availability of property prior to listing and where broker did nothing of any significance to assist in the negotiations between buyer and seller aside from a single visit to the property; facts of the case do not support oral promise to «protect» the broker's commission; reasonable duration for term of brokerage agreement implied where agreement contained no term as to its duration and, under the circumstances of the case, it would not be reasonable to extend the duration of the agreement for a term of more than one year.

Soviero v. Carroll Group International, Inc. (27 A.D. 3d 276)- salesperson asserted causes of action for breach of an oral employment agreement, for wages, statutory liquidated damages and statutory attorney's fees under the Labor Law, for conversion and conspiracy to commit conversion by the broker and punitive damages for intentional tort; order dismissing all causes of action except the breach of contract claim affirmed; salesperson was fired by the firm and was no longer an «employee» or a «commissioned salesman» of the brokerage firm after her termination, such as would entitle her to wages or a commission; conversion cause of action fails as salesperson must have exercised ownership, possession or control of the property in the first place which she never had such ownership; no viable claim for punitive damages which are not recoverable for ordinary breach of contract

87 N.Y. 2d 810)- oral agreement for finder's fee unenforceable under Massachusetts law; if New York law applied, and contract was otherwise enforceable under exception to New York Statute of Frauds, court would not enforce otherwise void contract to allow attorney to use his broker's licensing exemption to benefit a non-licensed, non-exempt party.