Sentences with phrase «party accepts the contract»

When one party accepts the contract wholly while the other receives only a part of it, this can result in being replaced with a counter offer.

Not exact matches

The value of having an option to either buy or sell, agree or disagree, accept certain terms or let them expire, should always be determined prior to signing any deal or contract or term sheet, and that value should always be treated as a tangible benefit when negotiating decisions with parties inside and outside the firm.

The analysts noted «OptBlue will make it easier for merchants to accept Amex cards, boosting the company's wallet share: OptBlue addresses small merchants» concerns as third - party acquirers negotiate directly for a combined, single - grid contract for all networks.

It is a contract that affords certain benefits for legally tying two parties into a partnership, accepting all financial liabilities that partnership affords under State and Federal law.

People will have their own views on this, but we have to accept that Wenger will simply not walk away from the Emirates, nor will Stan Kroenke or any other board members get rid of him; unless there is a remarkable U-turn from either party, Wenger will see out the last year of his contract.

Calciomercato.com has claimed that the two parties will sit down to decide whether to extend the contract or accept the player's wish to go back to Atletico Madrid.

CHRAJ's report follows a petition by the youth wing of the Convention People's Party, which demanded a probe into the conduct of the President, for accepting the gift worth GHc100, 000 from the contractor who was subsequently awarded some government contracts.

I don't know what the practices are in the UK, but in Australia if an offer has been made and accepted, the Real Estate agent is obliged to get the contract signed by both parties ASAP and get a holding deposit from the potential purchaser.

While the IRS will accept credit card payments for taxes owed, the actual payment is often made to one of several «third - party service providers» contracted by the IRS.

Once the seller accepts your offer along with your contingencies, all parties sign the sales contract.

The person booking, entering the contract and using the holiday apartment must be over 18 (eighteen) years of age when booking the holiday and accepts the responsibility for those in their party using and occupying the property during the holiday let.

My confidence in my prediction stems partly from the fact that there seems to be a refusal to accept the reality that the negotiation of a comprehensive free trade agreement (FTA) with the EU (or for that matter with any other contracting party of the WTO) is a highly complex matter, even if you have an experienced negotiating team at your disposal.

In many ways, smart contracts are best used where one party makes a «general offer» they are willing to accept either infinitely or a specified number of times.

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.

The question is the intent of the parties, and the court can look at all relevant evidence to decide whether both sides really meant to use e-signatures to accept the contract.

The Court accepted that the parties did not intend to contract out of the minimum standards of the ESA and held that the plaintiff's challenges to the contract «represent [ed] either strained interpretations or [were] easily and reasonably cured using the curative language contained in the employment agreement itself».

It could in some cases bring a claim for an injunction compelling the other party to abide by the contract, or choose to accept the breach of contract and bring a money claim to recover its losses.

A statement that certain facts are true, made by one party to a contract and accepted by the other party as true.

It was held that the «last straw» principle simply means that the final matter which leads to the acceptance of a repudiatory breach of contract when taken together and cumulatively with earlier conduct entitles a party to accept a repudiatory breach of contract, whether that last matter is in itself a breach of contract or not.

The court essentially said that contract law applies and to be enforceable a changed contract requires that both parties know of and accept any changes — this despite the wording of the revised terms, purporting to make them binding simply by unilateral fiat.

With respect to fairness, while those commentators accept that the actual costs of the arbitration paid for by the funder are potentially recoverable (cf. Kardassopoulos & Fuchs vs. The Republic of Georgia ICSID case no ARB / 05/18 and case no ARB / 07/15), they maintain that the uplift or success fee «is neither a party's cost, nor the damage suffered by the funded party... [but is] a result of a contract privy to the funder and the funded party» (Henriques).

The Judge applied the «postal acceptance rule», deeming that a contract concluded by post is «made» where the accepted offer is deposited into the mail to be returned to the other party.

Therefore, in the civil code contracting process the contracting parties do not have to negotiate or agree their contract in detail, provided that they are prepared to accept the statutory standard contract terms.

The majority considered the evidence of expert historians relating to the type of commodities, including fish, that would have been brought to the truck house to trade.7 Evidence was also accepted by the majority as to the sorts of assumptions «underlying and implicit in the treaty».8 Justice Binnie noted the longstanding willingness of courts to «imply a contractual term on the basis of the presumed intentions of the parties where it is necessary to assure the efficacy of the contract».9

The construction contract contained a three stage dispute resolution process, being: 1) disputes were to be determined by the respondent's supervising engineer; 2) if the dispute was not resolved, it would be referred to adjudication by a sole adjudicator; and 3) if a party did not accept the adjudication, it could refer the dispute to arbitration pursuant to the International Commercial Arbitration Act, R.S.O. 1990, c. I. 9, which incorporates the Model Law.

The court considered whether the interpretation exception offended the principle underlying the Rule, namely to encourage parties to speak freely and to promote settlement, and accepted TMT's submissions that: «if a party to negotiations knows that, in the event of a dispute about what a settlement contract means, objective facts which emerge during negotiations will be admitted in order to assist the court to interpret the agreement in accordance with the parties» true intentions, settlement is likely to be encouraged not discouraged».

This is because it is more commonly accepted that in a commercial situation the parties are likely to be more legally aware and usually appoint advisers and in the majority of cases expect a formal contract to be drawn up before commencing any work or laying out any expense.

However, after an extensive review of court documents, contract documentation, contemporaneous correspondence, relevant regulations and standards, I was able to determine that my client had in my opinion no liability whatsoever and this was later accepted by all parties in a mediation held shortly afterwards, my client being removed from the list of defendants.

In general, courts will only accept unsigned contracts in special circumstances that it is unquestionable that both parties knew and agreed to the terms and that the terms were reasonable.

By the time the matter reached the Court of Appeal they instead sought to rely on the analogous principle that an innocent party faced with a repudiatory breach of contract can not choose to affirm the contract, as opposed to accepting the repudiation and suing for damages, if he has no legitimate interest in doing so.

Initial phase of the product allows accepted third parties to fully replicate ERP database of the recipient, or supervised company via BigchainDB storage, verified by Ethereum Blockchain based smart contracts.

Here in MA, MLSPIN (our main MLS in eastern MA) requires that the commission be stated in the listing as either a dollar amount or as a percentage of the sale and that all parties are required by contract with MLSPIN to accept that amount.

Interpretation of the law of contracts always considers the intent of the parties and the intent of a listing is clearly to pay out where there is an accepted offer.

Therefore, the Buyer instructed his attorney to accept the changes proposed by the Seller's attorney and proceed as if there was a valid contract between the parties.

For example, it is not acceptable to provide the brokerage with a copy of a Contract of Purchase and Sale only after subjects have been removed or the deposit is received; once it has been accepted by all parties, it must be provided to the brokerage without delay.

Once accepted by the seller and buyer, a Contract of Purchase and Sale becomes a binding agreement that creates certain responsibilities that each party has agreed to accept and / or perform.

Coldwell Banker Village Green Realty v. Pillsworth (32 A.D. 3rd 568 [3rd Dept.]-RRB-- Order of the Supreme Court granting broker's motion for summary judgment affirmed; in the absence of an agreement to the contrary, the broker's right to a commission is not contingent upon performance of the underlying real estate contract, receipt by the seller of the sale price, transfer of title, or even a formal execution of a legally enforceable sales contract; seller could not utilize the provisions of a subsequently executed sales contract wherein seller agreed to pay broker's commission «if and when title closes» as a bootstrap to avoid her obligation to the broker under the clear and unambiguous provisions of the listing agreement as such language was contained in the contract of sale prepared by counsel and to which broker was not a party; provisions in listing agreement that seller would accept a binder or purchase contract contingent upon purchaser's ability to obtain conventional financing and provided any other contingencies in the binder or purchase agreement are acceptable to the seller speak only to the type of purchase offer that seller was obligated to accept and does not alter or otherwise qualify broker's right to a commission

Home inspections normally take place after the contract is accepted by all parties.

That happens when the buyer's offer is accepted by the seller and the sales contract is signed by both parties.

I am a IL / IN licensed Realtor so I can not speak for NY state law but if both parties have entered into a contract and earnest money has been accepted then it is a legal binding contract between you and the seller.

In that case (Stonehill Capital Management v. Bank of the West 28 NY3D 439, 2016) the court of appeal upheld a contract entered into by parties when the seller «agreed» to accepted the option bidders bid in an email that set forth all the material terms of the deal, including the sales price, specific loan to be sold, timing of the closing and manner of payment and wire transfer information.

If you are the winning accepted bidder you will be required to sign a Real Estate contract, make a 10 % deposit on the day of signing and be able to close on the property within 45 days from the date all parties have signed the Real Estate contract.