Sentences with phrase «such clause»

This is why I confidently told my agent that she could not even entertain using (or accepting) such a clause.

If such a clause exists, it makes the loan extremely risky for the investor and should not be accepted.

The Council cautions licensees against trying to draft such a clause, and against interpreting that a clause included in a contract apparently for this purpose may authorize a brokerage to release a deposit without a separate written agreement.

However you must check your loan documents to see if it has any pre-payment penalties, some loans do have such clause.

It would be prudent for you to read the following and do not use or accept such a clause.

Whether a court would uphold such a clause is food for thought.

This article and the clauses referenced exemplifies this reality as any REALTOR using or allowing their clients to sign such a clause formalizing the acceptance of an Offer in 2014/15, really is showing their incompetence.

Obviously, what is behind the decision is the court's recognition that parties should be encouraged to settle matters and when they agree to confidentiality the person paying the settlement has paid for such a clause.

Such a clause would require all acts authorised under the legislation to be undertaken consistently with the RDA.

Without such a clause, any provision of the amended emergency response legislation that is inconsistent with the RDA will still override the RDA.

Section 4 of the Social Security Legislation Amendment (Newly Arrived Residents» Waiting Periods and Other Measures) Act 1997 (Cth) provides a model for such a clause.

If you're already dating that person before your divorce is final, the judge might insist on such a clause as a preemptive measure, or your soon - to - be ex might demand it.

It might remind your spouse that she can insist on such a clause in your marital settlement agreement.

In some ways, such a clause supersedes some bankruptcy and contract laws because it prevents the bankruptcy court in a Chapter 7 case from entirely erasing your ex-spouse's responsibility to pay the debt.

I couldn't really understand the rationale behind such a clause.

Dear Prakash, Kindly check the policy wordings and find out if there is any such clause.

Ensure that there is no such clause as claim holding in your policy.

Such a clause is a basic feature on most policies because of the risk involved to insurance companies who insure applicants of advanced age and / or infirmed health.

If you sign a lease with such a clause, you are agreeing to maintain this insurance coverage throughout your residency there.

Such a clause will protect the interest of a mortgagee despite an act of the insured homeowner that would otherwise breach policy conditions.

Even if there isn't such a clause, for them to be bound by the phone statement, you would have to argue that the phone statement constitutes a valid modification of the contract, and I don't see how it could be.

Despite acknowledging the efficiencies and cost - saving benefits of arbitration, several Canadian in - house counsel say they've so far seen little need for including such a clause.

In order to limit that scope, and to give the clauses meaning, it seemed to the court that such a person would be driven to the conclusion that each such clause focused on matters directly relating to the contract in which it was found, and not on matters relating to other contracts.

While it is always open to a club or player to suggest the insertion of such a clause into a player's contract, clubs will generally be very keen to avoid them.

Would such a clause be enforceable?

The effect of the clause depends on whether such a clause is allowed.

And such a clause will have no effect in relation to the fraud of a party to the contract.

What you need to do is find cases, preferably decided in your state that support the enforcement of such a clause and quote the cases to the principal.

@Nij The publisher may have such a clause in the contract, but that doesn't mean they can't get sued.

There are state laws regarding automatic renewal clauses, so if there is such a clause, then its enforceability would depend on things like not conspicuous the clause is and whether the deadlines are legally acceptable in that state.

I have read opinions that other open source projects that don't have such a clause, for example those from Microsoft or Google, nevertheless have the exact same problem, only that it isn't explicitly stated.

Is my situation not any better when I only use open source projects without such a clause?

Though parties often think of forum selection clauses as throwaway «boilerplate» language, a recent case demonstrates the influence such a clause can have on where litigation takes place.

Since a defendant ordinarily will not agree to such a clause without a reduction in the portion of the settlement that goes to class members, clear - sailing clauses «illustrate -LSB--RSB- the danger of collusion in class actions between class counsel and the defendant, to the detriment of class members.»

Such a clause is incompatible with an obligation to provide work personally — a fundamental requisite to the existence of an employment contract.

Could such a clause possibly be a part of the reason for dismissal given his admittance to the exploits whether consensual or non-consensual of which he has been accused?

That is, if my license doesn't contain such a clause, can I as a distributor of the software be held liable for damages, and if it does contain such a clause, does it effectively prevent me for being held liable?

The Supreme Court did not state that a privilege clause would never be enforced, nor did they clearly enunciate the circumstances under which such a clause would withstand scrutiny.

Whether or not such a clause is legal would depend on the jurisdiction.

See, for example, 17 U.S. Code § 302 (c), which provides for the length of copyright for an anonymous or pseudonymous work - obviously, they wouldn't have such a clause if these works did not have copyright.

As such, you should carefully consider any such clause in the agreement you sign, especially how arbiters and mediators are appointed.

The court held that even if the lawyer were obliged to recommend such a clause, which he was not, there was no evidence that the wife would have agreed to it.

Would it leave the company open to legal challenge, or is there clear grammatical precedent for interpreting such a clause?

A contract could explicitly override that definition, but without such a clause, the statutory definition is evidence of what the objective meaning of the term is taken to be.

What we do know, following Zhang, is that whether a party has acted reasonably and in good faith in relying on such a clause will depend on the intention of the parties as disclosed by the contract.

Prior to the amendments, no federal laws included such a clause.

If conditions are added or subtracted (by crossing out), especially with pre-printed forms, the «customer» (person who didn't write the contract) can initial such modifications, as a way of clearly signalling that they indeed agree to the deletion of such - and - such clause.

If the contract includes such a clause, the rest of the conversation is irrelevant.

If there is such a clause in the lease then that would be allowed, but they can't now decide that they have this right (the terms of a lease can't be changed in the middle).

Without such a clause in say a lease contract, a lessor who has waived their right to terminate the lease for late payment of the rent in the past may be barred from executing that right in the future.