Sentences with phrase «of oral agreements»

In addition, according to Tenant, after the Offer to Purchase had lapsed, landlord orally waived the 45 - day financing requirement, and that thereafter Tenant and Landlord made a number of oral agreements regarding Tenant's right to market the property, and an oral «long - term agreement for sale.»

Part II discusses the validity of oral agreements made on behalf of divorcing spouses by their lawyers.

Philip Sissons & Ciara Fairley analyse a recent Court of Appeal decision on the enforceability of oral agreements

Kate's shareholder dispute experience also encompasses actions in respect of oral agreements, in particular where the beneficial interest and legal title to shares are held separately.

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

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

concluded that Haden's evidence of an oral agreement capping the attorney fees at $ 10,000 was admissible in defense to Sack's claim under the collateral - and - consistent exception to the parol evidence rule.

How else would one determine the terms of the oral agreement but in the «inoperable» lease?

In Bartsas Realty, Inc. v. Nash, the Supreme Court of Nevada reviewed the dismissal of a broker's claims against a property seller for: (1) tortious interference with contract; (2) breach of oral agreement; and (3) fraud.

Next, the court considered whether the terms of the oral agreement were too indefinite to enforce.

Dissent argues such promise raise triable issues of fact as to the existence of an oral agreement.

SageGroup Associates v. Dominion Textile (USA)(244 A.D. 2d 281)-- the «able» prong of the ready, willing and able test refers to the prospective subtenant's financial ability; although broker established he procured a prospective subtenant ready, willing and able to sublet on terms set by the prospective sublessor, the parties» disagreement as to the terms of their oral agreement raised triable issues of fact precluding summary judgment in favor of either party; no cause of action exists in quantum meruit, unjust enrichment and account stated where there is an express contract governing the broker's right to a commission; broker lacks standing to claim tortious interference with contract against landlord for refusal to grant tenant permission to sublease because broker is neither a party to nor an intended beneficiary of the sublease rejected by the landlord.

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.

The plaintiffs» motion states that in June 14 and 15 conference calls, counsel for the three sets of plaintiffs stated that they supported coordination or consolidation, «subject to the parties» agreement that these three cases will retain their separate identities, allowing each set of plaintiffs to file separate briefs, make separate oral arguments, and independently make other litigation decisions.»

Entire Agreement: You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and us regarding the Service and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this AAgreement: You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and us regarding the Service and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this AAgreement constitutes the entire, complete and exclusive agreement between you and us regarding the Service and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Aagreement between you and us regarding the Service and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this AgreementAgreement.

These Terms of Use, together with the Action Network Group's Privacy Policy, constitute the entire agreement between the parties pertaining to the subject matter hereof and supersedes in their entirety any and all written or oral agreements previously existing between the parties with respect to such subject matter.

Both parties agree that the Terms of Use is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of the Terms of Use, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein.

Those agreements, signed in October and January, cover the broad range of available medications, including both injectable and oral naltrexone

13.1 This License constitutes the entire agreement of the parties and supersedes all prior communications, understandings and agreements relating to the subject matter of this License, whether oral or written.

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 LAof 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 LAof 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 LAof 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 LAOF 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 LAOF 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 LAOF THE APPLICABILITY OF ONE OR MORE SECTIONS OF THE LAOF ONE OR MORE SECTIONS OF THE LAOF THE LAW.

These terms and conditions and any other legal notices, policies and guidelines of Holistic Wellness linked to these terms and conditions constitute the entire Agreement between you and Holistic Wellness relating to your use of this website and supersede any prior understandings or agreements (whether oral or written), claims, representations, and understandings of the parties regarding such subject matter.

These Terms, which incorporate the Edutopia Privacy Policy and the Guidelines, constitute the entire agreement between you and Edutopia and govern your use of Edutopia Technologies, superseding any prior agreements (whether written or oral) between you and Edutopia regarding the subject matter hereof.

This new cooperative agreement has been awarded to the American Academy of Pediatrics in collaboration with Georgetown University Center for Child and Human Development, National Maternal and Child Oral Health Resource Center, Education Development Center, Inc., and Health Care Institute at the University of California Los Angeles.

14.3 These Terms of Use constitute the entire agreement between you and Emergency Cash Limited with regard to your use of our Site, and any and all other written or oral agreements or understandings previously existing between you and Emergency Cash Limited with respect to such use are hereby superseded and cancelled.

Oral agreements can be very difficult to prove in the event of a dispute.

Any claim, dispute, or controversy («Claim») arising out of or relating in any way to: i) this Agreement; ii) the Savings Account; iii) your establishment of the Savings Account; iv) your use of the Savings Account; v) the amount of available funds in the Savings Account; vi) advertisements, promotions or oral or written statements related to the Savings Account; vii) the benefits and services related to the Savings Account; or viii) transactions made using the Savings Account, no matter how described, pleaded or styled, shall be FINALLY and EXCLUSIVELY resolved by binding individual arbitration conducted by the American Arbitration Association («AAA») under its Consumer Arbitration Rules.

Also covered under most State's statutes of limitation are oral agreements, promissory notes, written contracts, loans, mortgages and car payments as well as foreign and domestic judgments.

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

DISPUTES This agreement together with the brochure titled «Account Information» constitutes the exclusive statement of the agreement between you and the Credit Union which supersedes any proposal or prior agreement, oral or written, and any other communications between you and the Credit Union relating to the subject matter of this Aagreement together with the brochure titled «Account Information» constitutes the exclusive statement of the agreement between you and the Credit Union which supersedes any proposal or prior agreement, oral or written, and any other communications between you and the Credit Union relating to the subject matter of this Aagreement between you and the Credit Union which supersedes any proposal or prior agreement, oral or written, and any other communications between you and the Credit Union relating to the subject matter of this Aagreement, oral or written, and any other communications between you and the Credit Union relating to the subject matter of this AgreementAgreement.

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.

There are four categories of debt that each state decides the length it is collectible for: Oral Agreements (I agree, sounds rather worthless but they carry a bigger punch than one would assume); Written Contracts (where your typical collection would be located, like a medical debt); Promissory Notes (Installment loans like your mortgage or student loan); and Open - Ended Account (Your revolving accounts like a credit card).

The Terms of Use constitute the sole and entire agreement between you and Simply with respect to the Sites and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Sites.

vi) no information or advice, whether expressed, implied, oral or written, obtained by you from KINDNESS ANIMAL HOSPITAL or through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement.

The Terms of Use constitute the sole and entire agreement between you and Column Five Media Inc. with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

In the case of Kounellis and Chrismas, for example, the primary agreement was oral, according to the lawsuit.

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.

Of such questions are disputes over oral agreements made.

A complete copy of each written service contract, together with amendments thereto, and a written summary of each oral service contract, together with copies of any and all other contracts and agreements relating to the operation, maintenance and repair of the property

Also, under the statute of frauds, absent a writing and the signature of the party against whom the contract will be enforced, a court can only enforce an oral agreement if part performance has been established.

Most businesses document their terms and conditions as formal written contracts when engaging with customers to avoid the pitfalls of relying on oral agreements.

This Agreement contains the entire agreement of the parties concerning your use of this Site and supersedes all existing agreements and all other oral, written or other communication between the parties concerning its subjecAgreement contains the entire agreement of the parties concerning your use of this Site and supersedes all existing agreements and all other oral, written or other communication between the parties concerning its subjecagreement of the parties concerning your use of this Site and supersedes all existing agreements and all other oral, written or other communication between the parties concerning its subject matter.

Gradually, oral discussions became less important than written documents, until finally the parol evidence rule largely prohibited the introduction of evidence of oral discussions regarding the content of a legal agreement.

From the 5th to the 7th centuries, transfers of land, for instance, were made strictly via oral agreements.

Today, in the Grand Chamber of the Court of Justice of the European Union (CJEU) oral submissions are being heard on behalf of the Western Sahara Campaign UK (WSCUK) in its challenge against the legality of the EU — Morocco Fisheries Partnership Agreement.

According to the claimant, by an oral agreement of March 2001, the claimant agreed to hold 20 % of the shares in the company on trust for him.

Led by Vernon Flynn QC and Jeremy Brier, instructed by Dina Shiloh of Mischon de Reya, in this commercial court dispute arising from oral agreements in respect of a consultancy relationship in Nigeria.

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.

Oral agreements may be considered, however such agreements are difficult to confirm, as the two parties often remember details of such agreements differently.