Sentences with phrase «unambiguous language of»

Phufas v. Cornerstone New York Muni Fund, Inc. (9 A.D. 3d 323)- broker's causes of action for commission dismissed where the unambiguous language of the brokerage agreement provided for a commission only in the event of sale; taking of the premises by condemnation was not an event that triggered the right to a commission; broker's cause of action to recover in quantum meruit for services performed at seller's request to obtain clear and marketable title, resulting in a settlement and order to quiet title, reinstated as such services are arguably separate from and not the type generally contemplated by the brokerage agreement

Accordingly, we hold that, in the absence of a specific appropriation, or a statutory, constitutional, or federal mandate as discussed below, the unambiguous language of Section 230 prohibits the withdrawal of funds from the state treasury.»

On the other hand, the defendants» written submissions argue at length that the clear and unambiguous language of Clause 3.3 represents the entirety of the parties» reasonable expectations regarding contract renewal [para 89 of the Respondents» Factum].

One gets the defintions straight — using the unambiguous language of mathematics — so that there can be no doubt as to what is being claimed.

«It is clear from the plain and unambiguous language of the Term Limits Law that it has not and does not prohibit a sitting elected official from seeking a different town office from the one they currently hold,» Colaiacovo wrote.

Not exact matches

The language for these statements must be unambiguous and use plain language (i.e. not full of legalese)

Policies that explain this in distinct and unambiguous language provide additional defenses for an employer if they are the target of a harassment or discrimination lawsuit.

Cuomo's counsel Alphonso David wrote in response that the language of the executive was «clear and unambiguous» in that it was not retroactive.

My mouth fell open when the alien being literally explained the nature of humanity, Earth, our history, and our future in clear, unambiguous language.

Leaving the language barrier aside, the accessible story is communicated clearly and briskly, with plenty of vivid, unambiguous character work; its pert challenges to dominant conventions lie in the realm of representation, not narrative or patience.

In Orwell's own mind there was an inextricable connection between language and truth, a conviction that by using plain and unambiguous words one could forbid oneself the comfort of certain falsehoods and delusions.

While not a complete solution, unambiguous language stating that rights revert automatically upon termination can help prevent a number of legal problems.

Although this law is unambiguous, some judges choose to ignore the language of the Act and may allow a creditor to disregard the creditor responsibilities included in the WCA.

We require full disclosure of the donation benefitting North Shore Animal League America on all packaging, advertising, and promotional materials in clear and unambiguous language.

(Features) Birmingham Evening Mail (England); December 30, 2002; Doug, Roshan; 584 words... unprecedented use of unambiguous language, our Culture Minis - ter branded the shortlisted Turner Prize exhibitions at Tate Modern as «conceptual bulls ** t» (or was he referring to the elephant dung exhibit that was short listed a few years...

The language on emissions peaking did not specify a 2020 target year, as some countries were pushing hard for, but instead strove for peaking «as soon as possible,» and even then, with very elaborate and unambiguous qualifying language on developing countries» right to develop («recognizing that the time frame for peaking will be longer in developing countries and bearing in mind that social and economic development and poverty eradication are the first and overriding priorities of developing countries and that a low - emission development strategy is indispensable to sustainable development»).

The state supreme court said Placide's retention of fees from outside clients constituted theft, as defined by the «unambiguous language» of Washington state law.

i. when the language of the policy is unambiguous, the Court should give effect to clear language, reading the contract as a whole;

Addressing an issue of first impression in Delaware, the appeal focused on the use of Federal Express to serve a Notice of Intent in the face of unambiguous statutory language requiring the use of certified mail.

The «primary interpretive principle is that where the language of the insurance policy is unambiguous, effect should be given to that clear language, reading the contract as a whole»: Ledcor, at para. 49.

Similarly, in the 1936 decision, Kazakewich v. Kazakewich, the majority for the Alberta Court of Appeal summed up the ratios from several Privy Council decisions, including Edwards, and concluded that BNA Act should be interpreted by ascertaining «the intention of the framers... as at the date of the enactment by having regard to the words employed without extraneous aids to interpretation where the language is unambiguous.»

In Kazakewich v. Kazakewich, [1936] A.J. No. 10 (C.A.), the Alberta Court of Appeal summed up the ratios in Lambe, Severn and Edwards in this way at paragraph 86: I take it then that in approaching the interpretation of the pertinent sections of The B.N.A. Act with respect to the administration of justice, a Court should keep in mind that these sections are embodied in an Imperial statute to which the ordinary rules for the interpretation of statutes apply, that therefore the intention of the framers of this Imperial statute must be ascertained as at the date of the enactment by having regard to the words employed without extraneous aids to interpretation where the language is unambiguous, and that having regard however to the nature of the statute, a great constitutional charter, the widest and most liberal construction of the words used should be adopted with a view to giving effect to the whole scheme of Canadian union [Emphasis Added].

The lead judgment in Kernott does provide much welcomed clarity as to the «course of dealing» approach identified in Stack v Dowden [2EMP007] UKHL 17, [2007] 2 All ER 929 and is a model of thoroughness and unambiguous language.

A recent case heard before the Court of Appeals for Ontario highlights the importance of unambiguous language in termination clauses, as any ambiguity will render the clause unenforceable.

The Illinois Supreme Court held that the statutory language in Section 10 of the act is unambiguous and does not permit the deduction of attorney fees and costs prior to calculating the amount to be paid to any health - care lienholder.

The Court recently confirmed in Ledcor Construction Ltd. v. Northbridge Indemnity Insurance Co. that where the language of a disputed clause is unambiguous, effect should be given to the clear meaning of the words of the clause.

However, the courts will interpret the language used in any limitation clause in favour of the employee and will only limit the employee's common law rights if the limiting language used is clear and unambiguous.

In 2016, the trial court ruled for the plaintiffs, holding that Directive 13 - 4 was «unreasonable» and that MassDOR's «denial of the applications based on that directive was unlawful», based on the unambiguous and explicit language of the statute.

A courts will only limit an employee's entitlement to continuation of these benefits if the employee's employment contract (which can include an employee's policies) contains clear and unambiguous language to the contrary.

There was no «language [promising effectiveness in humans] at least as clear and unambiguous as that used to establish the advantages of the selection over the compounds of the genus patent».

The motion judge found the language of the guarantee to be clear and unambiguous.

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