Not exact matches
Recent attempts to
use the establishment
clause as an engine
of secularity have had some effect, but
such attempts rely on distortions
of both the past and present, and in themselves are no more «religiously neutral» than the generalized acceptance
of Christian dominance that preceded them.
It's part
of a result
clause; back then they
used to break up «
such as» into two parts.
It will usually be possible to widen the opportunities for early dissolution through creative
use of such a
clause.
provisions for responding to acts
of harassment, bullying, and / or discrimination against students by employees or students pursuant to
clause (b)
of this subparagraph which, with respect to
such acts against students by students, incorporate a progressive model
of student discipline that includes measured, balanced and age - appropriate remedies and procedures that make appropriate
use of prevention, education, intervention and discipline, and considers among other things, the nature and severity
of the offending student's behavior (s), the developmental age
of the student, the previous disciplinary record
of the student and other extenuating circumstances, and the impact the student's behaviors had on the individual (s) who was physically injured and / or emotionally harmed.
(e) The board shall establish the information needed in an application for the approval
of a charter school; provided that the application shall include, but not be limited to, a description
of: (i) the mission, purpose, innovation and specialized focus
of the proposed charter school; (ii) the innovative methods to be
used in the charter school and how they differ from the district or districts from which the charter school is expected to enroll students; (iii) the organization
of the school by ages
of students or grades to be taught, an estimate
of the total enrollment
of the school and the district or districts from which the school will enroll students; (iv) the method for admission to the charter school; (v) the educational program, instructional methodology and services to be offered to students, including research on how the proposed program may improve the academic performance
of the subgroups listed in the recruitment and retention plan; (vi) the school's capacity to address the particular needs
of limited English - proficient students, if applicable, to learn English and learn content matter, including the employment
of staff that meets the criteria established by the department; (vii) how the school shall involve parents as partners in the education
of their children; (viii) the school governance and bylaws; (ix) a proposed arrangement or contract with an organization that shall manage or operate the school, including any proposed or agreed upon payments to
such organization; (x) the financial plan for the operation
of the school; (xi) the provision
of school facilities and pupil transportation; (xii) the number and qualifications
of teachers and administrators to be employed; (xiii) procedures for evaluation and professional development for teachers and administrators; (xiv) a statement
of equal educational opportunity which shall state that charter schools shall be open to all students, on a space available basis, and shall not discriminate on the basis
of race, color, national origin, creed, sex, gender identity, ethnicity, sexual orientation, mental or physical disability, age, ancestry, athletic performance, special need, proficiency in the English language or academic achievement; (xv) a student recruitment and retention plan, including deliberate, specific strategies the school will
use to ensure the provision
of equal educational opportunity as stated in
clause (xiv) and to attract, enroll and retain a student population that, when compared to students in similar grades in schools from which the charter school is expected to enroll students, contains a comparable academic and demographic profile; and (xvi) plans for disseminating successes and innovations
of the charter school to other non-charter public schools.
This lesson plan focuses on helping students learn to
use relative
clauses to discuss important issues at work
such as who works with them, various types
of work and workplaces, as well as describing goods or services manufactured or provided by their employer.
For me as an author, this would mean that they stop
using contracts with incredibly onerous terms,
such as owning the rights for the life
of the copyright with no hope
of reversion, no - compete
clauses, option
clauses, and most especially the infamous 25 % royalty rate.
As
used in this paragraph, a «Covered Borrower» means any person who, at the time
such person becomes obligated on a loan transaction or establishes an account for consumer credit, satisfies the requirements under any one or more
of the following classifications, or is otherwise under applicable laws deemed to be a «Covered Borrower» under the Military Lending Act, 10 U.S. Code Section 987: (a) An active duty member
of the Army, Navy, Marine Corps, Air Force or Coast Guard, or a person serving on active Guard and Reserve duty (a person described in this
clause (a)
of the definition
of «Covered Borrower» is hereinafter referred to as a «Service Member»); or (b) Any
of the following persons, relative to a Service Member: (1) The spouse; (2) A child under the age
of 21; or (3) If dependent on the Service Member for more than one half
of such person's support, any one or more
of the following persons: (i) A child under the age
of 23 enrolled in a full time course
of study at an institution
of higher learning; (ii) A child
of any age incapable
of self support due to a mental or physical incapacity that occurred before attaining age 23 while
such person was dependent on the Service Member; (iii) Any unmarried person placed in legal custody
of the Service Member who resides with
such Service Member unless separated by military service or to receive institutional care or under other circumstances covered by Regulation; or (iv) A parent or parent - in - law residing in the Service Member's household.
22.1 It is a condition
of Membership that a Member consents and authorises Qantas Loyalty to collect,
use and disclose the information on their application form and other information that Qantas collects in relation to the Member for the purposes described in this
clause, and disclose
such information to oneworld Alliance Airlines, Airline Partners, Non-airline Partners and any other person (including related bodies corporate, agents and contractors) for the purposes
of:
As
such, the act serves the spirit
of the United States Constitution, insofar as it is
used «to promote the Progress
of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries (Article I, Section 8,
Clause 8).»
She gave five reasons in particular why the scope
of the exclusion
clause should not be limited to the offenses outlined in Article 1 FDCT: firstly the wording refers to acts contrary to the purposes and principles
of the UN and is not limited to terrorist offenses; secondly,
such an interpretation would be at odds with the Geneva Convention in light
of which the Qualification Directive should be interpreted; thirdly, the Qualification Directive as an instrument
of asylum and humanitarian law and the FDCT are qualitatively different and derive from different areas
of law; fourthly, it would unduly restrict the application
of the exclusion
clause and finally, fifthly, the fact that the FDCT is an instrument
of variable geometry with varying application across the Union would lead to problems if it were
used as criteria in defining terms for the purposes
of the application
of the Qualification Directive.
Cs made their claim and in doing so, relied upon the commentary in Volume 38 (2)
of the Encyclopaedia
of Forms & Precedents that states the inclusion
of a «call - in»
clause should at least be considered in any case other than: «the very simplest cases
such as an application for change
of use or for the carrying out
of relatively minor building operations where... it is unlikely that the grant
of planning permission would be challenged by third parties by way
of judicial review....»
Despite all the publicity surrounding the
use of such contracts, banning exclusivity
clauses does little to improve the rights
of those individuals working under them.
However, other standard
clauses,
such as the inclusion
of a Contractor obligation to comply with statutory requirements or prohibition on the
use of prohibited or deleterious materials remain missing and resort to the «Z -
Clause» is likely to continue.
Ongoing disagreements relate, inter alia, to two points: one relates to the application
of Coty beyond luxury products, already discussed, and the second to the treatment
of other
clauses having a similar object and effect —
such as a ban on the
use of price comparison websites.
Contractual provisions relating to notification
of warranty claims will be treated by the courts as a form
of exclusion
clause and a narrow construction will be
used to resolve ambiguity — lawyers drafting
such clauses should consider them carefully and ensure that they are as clear as possible.
It is common practice for employers to attempt to
use employment contracts, and termination
clauses within
such contracts, in order to limit an employee's entitlements in the event
of termination.
The effect, then, is that the Government can no longer
use its power under
clause 9 to implement a withdrawal agreement unless Parliament has first legislated so as to signal its approval
of such an agreement.
The Court's opinion cogently explains the pernicious nature
of the racially discriminatory
use of peremptory challenges, and the repugnancy
of such discrimination to the Equal Protection
Clause.
(2.1) If a candidate requests, under
clause 27 (2)(c), the
use of a surname other than his or her legal surname on the ballot, the returning officer if section 27.1 applies, or the Chief Electoral Officer if section 27.2 applies, shall determine whether the requested surname is ordinarily
used by the candidate and, for that purpose, the returning officer or Chief Electoral Officer may refer to
such documents and other evidence as he or she considers relevant in the circumstances.
To the point, can a trial judge
use a severability
clause to excise the offending portion
of a termination provision, keeping the remainder
of such provision enforceable?
Co-insurance is a
clause used by insurance companies on all commercial insurance policies that include property (
such as buildings, contents, stock, contractor's tools / equipment) and business interruption (
such as gross rents, gross earnings, loss
of profits).
These special
clauses can include statements that describe the agreed - upon rules
of communication and conduct between the parents (e.g. «The parents agree to
use text messaging for regular scheduling matters and phone calls for emergency situations,
such as...»).
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.
There have been issues regarding the
use of the
clause - word re further or additional «inspection» in an effort to avoid certain situations,
such as described herein.
Until
such time, rent growth should only slightly outpace inflation, partially because many leases often come with inflationary
clauses that cause nominal asking rents to increase by some commonly -
used measure
of inflation, typically CPI.
The
Use Clause is another example of such a cornerstone c
Clause is another example
of such a cornerstone
clauseclause.
Mosca v. Kiner (277 A.D. 2d 937)- broker's, salesperson's and owner's motion for summary judgment dismissing buyer's complaint affirmed; where property was advertised as having deeded lake rights and the MLS indicated that the property had access to a private dock, buyer's post closing fraud cause
of action fails where buyer had the means available to him
of knowing, by the exercise
of ordinary intelligence, the truth concerning the description and boundary
of the land and failed to make
use of such means; the presence or absence
of deeded lake rights was a mater
of public record, was not particularly within broker's, salesperson's or owner's knowledge and could have been ascertained by buyer by means available to him through the exercise
of ordinary intelligence; specific merger
clause in the contract defeats fraud cause
of action
79 DOS 99 Matter
of DOS v. Pagano - disclosure
of agency relationships; failure to appear at hearing; proper business practices; unauthorized practice
of law; unearned commissions; vicarious liability; fraudulent practice; jurisdiction; ex parte hearing may proceed upon proof
of proper service; DOS has jurisdiction after expiration
of respondents» licenses as acts
of misconduct occurred and the proceedings were commenced while the respondents were licensed; licensee fails to timely provide seller client with agency disclosure form prior to entering into listing agreement and fails to timely provide agency disclosure form to buyer upon first substantive contact; broker fails to make it clear for which party he is acting; broker violates 19 NYCRR 175.24 by
using exclusive right to sell listing agreement without mandatory definitions
of «exclusive right to sell» and «exclusive agency»; broker breaches fiduciary duties to seller clients by misleading them as to buyer's ability to financially consummate the transaction; broker breaches his fiduciary duty to seller by referring seller to the attorney who represented the buyers when he knew or should have known
such attorney could not properly protect seller's interests; improper for broker to
use listing agreements providing for broker to retain one half
of any deposit if forfeited by buyer as
such forfeiture
clause could, by its terms, allow broker to retain part
of the deposit when broker did not earn a commission; broker must conduct business under name as it appears on license; broker engaged in the unauthorized practice
of law in preparing contracts for purchase and sale
of real estate which did not contain a
clause making it subject to the approval
of the parties» attorneys and were not a form recommended by a joint bar / real estate board committee; broker demonstrated untrustworthiness and incompetency in
using sales contract which purported to change the terms
of the listing agreement to include a higher commission; broker demonstrated untrustworthiness and incompetency in
using contracts
of sale which were unclear, ambiguous, vague and incomplete; broker failed to amend purchase agreement to reflect amendment to increase deposit amount; broker demonstrated untrustworthiness in back - dating purchase agreements; broker demonstrated untrustworthiness in participating in scheme to have seller hold undisclosed second mortgage and to mislead first mortgagee about the purchaser's financial ability to purchase; broker demonstrated untrustworthiness by claiming unearned commission and filing affidavit
of entitlement for unearned commission; DOS fails to establish by substantial evidence that respondent acted as undisclosed dual agent; corporate broker bound by the knowledge acquired by and is responsible for acts committed by its licensees within the actual or apparent scope
of their authority; corporate and individual brokers» licenses revoked, no action taken on application for renewal until proof
of payment
of sum
of $ 2,000.00 plus interests for deposits unlawfully retained
NOTE: The
use of this or a similar
clause in the Contract
of Purchase and Sale does not replace the requirement to have made
such a disclosure on a separate document prior to the offer being accepted.
NOTE: The
use of this or a similar
clause in the Contract
of Purchase and Sale does not replace the requirement to have made
such a disclosure on a separate document prior to the offer being presented.
Many purchase contracts, especially those
used in states
such as California, contain a liquidated damages
clause, which states the seller is only entitled to the earnest money deposit up to a certain percentage
of the sales price.