Sentences with phrase «original intentions of the parties»

Courts tend to rule on the basis of underlying principles that, once applied, may go far beyond the original intentions of the parties, and in ways that are contrary to the interests of all (see Luke 12:58).

If any provision of this Agreement is held invalid by a court or other tribunal with jurisdiction over the parties to this Agreement, that provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of this Agreement will remain in full force and effect.

If any provision of this Agreement is held invalid by a court with jurisdiction over the parties to this Agreement, that provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of this Agreement will remain in full force and effect.

If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

If any provision of this Agreement or any other policy be held invalid or unenforceable, that portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention of the parties and the remaining portions will continue in full force and effect.

If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

In the event that any portion of this Agreement is held to be invalid or unenforceable, the such portion shall be construed in accordance with the applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of this Agreement shall remain in full force and effect.

When determining whether to vary a spouse's support obligations, the court must consider the terms of a separation agreement and the extent to which it still reflects the original intention of the parties, as well as the objectives of the Divorce Act, including the principle that both parties require finality.

The court must also assess the extent to which enforcement of the agreement still reflects the original intention of the parties and the extent to which it is still in substantial compliance with the objectives of the Divorce Act (which include the objectives of finality, certainty and autonomy).

This original intention of the parties was important in support of the reasonableness of a restrictive covenant; even in respect of areas where a franchisor may not operate at any given time, but where the parties reasonably expect that the franchisor would operate in the future.

In the event that any portion of these Terms of Use is held to be invalid or unenforceable, then such portion shall be construed in accordance with the applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of these Terms of Use shall remain in full force and effect.

Not exact matches

Indeed, given the government's original intention with police and crime commissioners was to encourage independents to stand, Wright may consider that, unencumbered from party allegiance, he is an embodiment of the true spirit of what an elected police and crime commissioner should be.

In those cases where it is clear either (a) that the parties did not intend a joint tenancy at the outset or (b) had changed their original intention, but it is not possible to ascertain by direct evidence or by inference what their actual intention was as to the shares in which they would own the property, «the answer is that each is entitled to that share which the Court considers fair having regard to the whole course of dealing between them in relation to the property».

Where it is clear that the parties did not intend a joint tenancy upon purchase, or had changed their original intention as to their beneficial shares, but it is not possible to ascertain by direct evidence or inference what their actual intention was, each is entitled to that share which the court considers fair having regard to the whole course of dealing between them in relation to the property.

For the Application Judge, because the Parties failed to agree on a rental rate nine months before the end of the original lease term, McDonald's is obliged to either refer the issue to arbitration or revoke its intention to renew.

She found that because the parties had not agreed on a rental rate at least nine months before the end of the original term, McDonald's was obliged under the Lease to either refer the issue to arbitration or revoke its intention to renew.

As a result views of the impact of Oceanbulk largely fall into two camps: on one hand parties may be more cautious and less open during settlement negotiations as the court has further eroded the original intention and protection offered by the Rule; on the other, and the view held by the Supreme Court, that this approach will engender not restrict settlement as only matters of fact raised during negotiations can be admitted.

So it's perplexing how so many of us go against the original intention of Bitcoin and entrust our decentralized money to exchanges and other third - party services.

to appeal den., 95 N.Y. 2d 759)- where broker's original agreement was validly terminated prior to the contract that led to the subject sale, any other agreement between the parties for the payment of a brokerage commission would be governed by the Statute of Frauds and the broker's claims are barred since the broker has not alleged, in connection with the alleged subsequent agreement, the existence of some writing evidencing defendant's intention to be bound; since alleged subsequent agreement is void by reason of the Statute of Frauds, broker can not use the same alleged promises as a basis for a cause of action sounding in quantum meruit