Sentences with phrase «of standard clauses»

In many cases, the party that has conduct of sale in the foreclosure requires that many of the standard clauses in a Contract of Purchase and Sale be amended.

He says OREA also produces standardized forms and tools used in Ontario real estate transactions, and offers a set of standard clauses that are «invaluable tools for enhancing professionalism.»

One of the standard clauses contained within these contracts deal is the buy - sell agreement.

Christian was later fired by MuscleTech because of a standard clause in all MuscleTech contracts that prohibits the discussion of anabolic steroids.

Not exact matches

The Irish High Court's referral to the ECJ only specifically asks the European court to clarify whether standard contractual clauses are valid or not, given the existence of U.S. mass surveillance programs such as PRISM, but the ECJ may also choose to decide on the validity of Privacy Shield.

One of the best examples ever of this comes from the the truly excellent band Van Halen, and why it included a clause banning brown M&M s from its phone book - length standard concert contract in the 1980s.

This peculiar species of what is known as «substantive due process» assimilates that clause to the standards used under the equal protection clause of the Fourteenth Amendment, and carries all sorts of borrowed baggage from the latter about «levels of scrutiny.»

Clause 4 & 5 of Standard 1.2.4 sets out the following requirements:

Added sugars were calculated for each food and beverage item on the basis of the definition for added sugars in clause 1 of standard 2.8.1 of the Australia New Zealand Food Standards Code (23).

AFAIK Rooney is still on the highest paid standard contact at # 250k, Ibrahimovich could've been on more, but no one knows as apparently it had all sorts of clauses in it — so Alexis will be asking for 150k more than anyone else in the EPL.

You have to have an objective standard that is applied to everyone, otherwise you violate the Equal Protection Clause of the Constitution.

The 22 - year old has made no secret about wanting a transfer to the Premier League or Spain's La Liga, but that will be a lot more difficult, or at least more expensive, as the Evening Standard have reported that his club Sporting Lisbon have placed a release clause of over # 35 million in the contract of their young star.

The good news for Arsenal and the bad news for Celta is that Nolito has not only stated that there is a problem and he won't be signing, but he also revealed the amount of his release clause, as the Evening Standard have reported.

However, this deal would include a buy - back clause allowing Barca to bring Sandro home on the cheap, similar to the arrangement that the European champions have with Everton that would enable them to re-sign winger Gerard Deulofeu for about # 6million at the end of the season, reports the Standard.

Taken independently, Clause 39 of Magna Carta does not guarantee modern standards of justice.

It may be that there is not the same sort of cancellation clause in the Mayor's contract with Barclays that must be standard in contracts between celebrities and sponsors.

More pressure was placed on the government to retreat on the original clauses of the parliamentary standards bill as debate continued in the Commons this afternoon.

-- If the Secretary fails to complete a rulemaking in accordance with clauses (i) through (iv) or if the final rule does not produce savings that are greater than or equal to the savings from a minimum efficacy standard of 45 lumens per watt, effective beginning January 1, 2020, the Secretary shall prohibit the manufacture of any general service lamp that does not meet a minimum efficacy standard of 45 lumens per watt.

Federal District Judge Lawrence J. O'Neill, Eastern District of California, ruled on Thursday that the State of California's Low Carbon Fuel Standard (LCFS) program is in violation of the Commerce Clause of the US Constitution and issued an injunction prohibiting its enforcement.

Since the data protection laws outside the EU are in general less strict than in the EU, Apollo and Lionentry have signed standard contractual clauses adopted by the European Commission for the transfer of personal data to contracting processors in third countries, in order to ensure the protection of personal data at EU standards.

In states that have rejected adequacy suits, the courts» analyses have hinged on the inherent arbitrariness of finding a specific standard and the unconstitutionality of applying a static interpretation on clauses whose meaning must evolve.

The state has never conducted a study to determine if the levels of funding provided by the PSFA are sufficient to maintain a public school system that meets the qualitative standards of the Education Clause or the mandates of state education reform legislation and the Consolidated State Plan.

With colleagues at AAA and the expertise of the legal department, she led the creation of standard contract clauses to provide contracts in the best interest of the organization.

Just because using adverbial clauses is part of a Grade 9 - 10 standard does not mean that it will be taught on the same day or even the same year in Florida and in Massachusetts.

-» (A) IN GENERAL. - To be eligible for assistance under this chapter, a project shall satisfy applicable creditworthiness standards, which, at a minimum, shall include -» (i) a rate covenant, if applicable;» (ii) adequate coverage requirements to ensure repayment;» (iii) an investment grade rating from at least 2 rating agencies on debt senior to the Federal credit instrument; and» (iv) a rating from at least 2 rating agencies on the Federal credit instrument, subject to the condition that, with respect to clause (iii), if the total amount of the senior debt and the Federal credit instrument is less than $ 75,000,000, 1 rating agency opinion for each of the senior debt and Federal credit instrument shall be sufficient.»

(A) Agency - prescribed provisions and clauses permitted by TAR and used on a standard basis (i.e., normally used in two or more solicitations or contracts regardless of contract type) shall be prescribed and contained in the TAR.

Operating Administrations (OAs) desiring to use a provision or a clause on a standard basis shall submit a request containing a copy of the clause (s), justification for its use, and evidence of legal counsel review to the Office of the Senior Procurement Executive in accordance with (TAR) 48 CFR 1201.304 for possible inclusion in the TAR.

In many cases terrible clauses have become standard and non-negotiable in these industries, and to be fair the better of these industry lawyers will explain the unfairness and leave the decision to the client.

A standard deep discount clause looks something like this: «On copies of the Work sold by the Publisher at a discount of greater than 55 % from the publisher's retail price through channels outside of ordinary retail trade channels, the author will be paid a royalty of 15 % of the Publisher's net proceeds.»

These one - sided acceptance clauses are another example of how standard publishing contracts can put authors on unequal footing from day one.

The union's primary target was the reserve clause, the feature of the standard contract that blocked players from signing with other clubs and deflated their pay.

She gives me the impression of overblowing the «myth - busting» aspect of the post (for example when she mentions that the algorithm is not a secret but a standard A9 one, not a secret one, then she admits that A9 won't be interviewed because of confidentiality clauses), but it's otherwise very interesting.

In addition to the specific terms the author and publisher have agreed upon for things like the type of book, the advance against royalty amount and the delivery date, the standard book contract encompasses a lengthy number of clauses covering important points in a book's life cycle and an author's livelihood.

Aiken, who at the time of the quote was executive director of The Authors Guild, is referring to a system in which many publishing contracts have a clause «stating that an author will receive a higher e-book royalty rate if, and when, the standard rate changes.»

Kobo prides itself on employing the industry standard ePub as part of their «read freely» philosophy, and so Kobo Writing Life seeks to help authors liberate their titles from proprietary eBook formats and restrictive exclusivity clauses and get their work out to a global audience.

That's wordy... but it really boils down to a simple clause that's added to the standard Agreement of Purchase and Sale contract.

In addition to the standards of practice, an inspection contract must reflect that state's position on things like arbitration, limit of liability and other defensive clauses found in most inspection contracts.

In its template agreement filed with the CFPB as of March 31, American Express» Gold Card now has, instead of a standard pre-dispute arbitration clause, an expanded «Claims Resolution» section.

Stephen Lacey of the Center for American Progress posted on the «technology re-opener» clause that could allow auto makers to challenge the standards after 2021, saying this could act as a disincentive to pushing technology hard now in hopes that a more sympathetic administration will cave later.

When there is evidence of an actual improper intent for taking official action, the legal standard for striking it down as discriminatory or violating the establishment clause is much lower than when intent can only be inferred, and the administration's public statements showed improper intent.

I believe that thanks to the national constitutional doctrines on the «conditional» primacy of EU law (on the «conditional supremacy» of EU law in the UK, see the post by Garner on this blog) as well as to the corresponding EU provisions — the constitutional identity clause in Article 4 (2) TEU and the authorisation to apply higher national standards of fundamental rights in Article 53 CFR — national constitutional or apex courts can provide necessary checks and balances on the ECJ enormous judicial power.

On the other hand, if the EU insists on including investment protection standards in its FTIAs, but keeps ISDS, then the incentives of the investor not to rely on domestic courts are fairly high; especially, if the presence of ISDS is couple with a «no direct effect» clause.

John is Vice-President, Content, with KMStandards, a library of standard contracts, checklists, and clauses.

Employers operating in Ontario who «draw the circle» around employee rights and entitlements on termination should carefully review and ensure that their contractual termination clause complies with all aspects of statutory minimum standards, and in particular: (a) notice or pay in lieu, (b) benefits continuation during the notice period, (c) severance pay, if applicable, and (d) continued vacation accrual during the termination notice period.

The plaintiff's claims required our attorneys to undertake an extensive analysis of the standards for imposing liability on municipalities, and whether the Due Process Clause was implicated by either the state - created danger doctrine or the special relationship doctrine.

The standard Diligen system recognizes a wide variety of key clauses in the context of corporate document review.

(2) Clause 11 of the Standard Terms shall not apply.

Following the Supreme Court's latest decision, the long - cited test of whether a liquidated damages clause is a genuine pre-estimate of loss designed to compensate the innocent party rather than deter the defaulting party from committing the breach (as established by early 20th century authority of Dunlop Tyre) is no longer conclusive although the Supreme Court accepted that it might still be of use in considering simple damages clauses in standard contracts.

If you have a liability claim involving sexual molestation or other uncovered intentional acts, we strongly recommend that you review the policy's standard severability clause to determine what steps, if any, should be taken in light of the Minkler decision.

(c) have incorporated the Standard Contractual Clauses as specified by the EU (either Set I or Set II, but you can't modify or combine these) into their contracts to ensure they can be held legally liable and accountable for the protection of personal data and any breaches when / if applicable: