Users of IT services are aware of the potential for the internet to be used to invade their privacy, and service providers will therefore typically undertake —
whether in a written agreement or in a published privacy policy — not to disclose voluntarily a user's private data.
Whether in a written agreement or not, it may be important for the couple to have an open discussion on how holidays or other celebrations with the children will work.
Not exact matches
In the eyes of the law, by the very nature of entering into business with another party, you may be considered a partnership —
whether you have a
written agreement or not.
(a) Schedule 2.7 (a) of the Disclosure Schedule contains a list setting forth each employee benefit plan, program, policy or arrangement (including any «employee benefit plan» as defined
in Section 3 (3) of the Employee Retirement Income Security Act of 1974, as amended («ERISA»)(«ERISA Plan»)-RRB-, including, without limitation, employee pension benefit plans, as defined
in Section 3 (2) of ERISA, multi-employer plans, as defined
in Section 3 (37) of ERISA, employee welfare benefit plans, as defined
in Section 3 (1) of ERISA, deferred compensation plans, stock option plans, bonus plans, stock purchase plans, fringe benefit plans, life, hospitalization, disability and other insurance plans, severance or termination pay plans and policies, sick pay plans and vacation plans or arrangements,
whether or not an ERISA Plan (including any funding mechanism therefore now
in effect or required
in the future as a result of the transactions contemplated by this
Agreement or otherwise),
whether formal or informal, oral or
written, under which (i) any current or former employee, director or individual consultant of the Company (collectively, the «Company Employees») has any present or future right to benefits and which are contributed to, sponsored by or maintained by the Company or (ii) the Company or any ERISA Affiliate (as hereinafter defined) has had, has or may have any actual or contingent present or future liability or obligation.
The clerks argued
whether they could accept a trade to close the position, but
in the end they did minutes before the close, with his
agreement to come later and
write a personal check to make the shortfall good.
I am not sure
whether you are quoting them
in agreement or disagreement with the post, but I think they fully support and back up what I
wrote above.
There's not even
agreement in Rabbinic Judaism even up to the 1800s
whether the Torah was
written by Moses or G!d or if it was actually
written after the first Exile.
interested enough
in finding out what the Commission had discovered that he has launched an inquiry,
in part, to get to the bottom of
whether «investigations potentially significant to the public interest have been bargained away as part of the negotiated arrangement between legislative and executive leaders,» as he
wrote in a letter to the Commission's members on April 3 — a reference to the ethics deal struck between the governor and the Legislature as part of their budget
agreement at the end of March, which coincided with Cuomo's announcement that he was shutting down the Commission.
Chris, Well, if you ask a lawyer
whether an
agreement should be
in writing, she will almost always say yes.
Our older
agreements often give the exclusive right to «publish
in book form» or «
in any and all editions»... Such grants are usually not limited to any specific format, and indeed the «form» of the book has evolved over the years to include variations of hardcover, paperback, and other
written formats, all of which have been understood to be included
in the grant of book publishing rights...
Whether physical or digital, the product is used and experienced
in the same manner, serves the same function, and satisfies the same fundamental urge... Accordingly, Random House considers contracts that grant exclusive rights to publish «
in book form» or «
in any and all editions» to include the exclusive right to publish
in electronic book formats.
Entire
Agreement Clause: This term defines what the final agreement will be and supersedes any agreements previously made in negotiations, whether written
Agreement Clause: This term defines what the final
agreement will be and supersedes any agreements previously made in negotiations, whether written
agreement will be and supersedes any
agreements previously made
in negotiations,
whether written or oral.
In addition to your checks, You agree to be responsible for repayment of any loans Lender makes to cover checks
written by any person other than You who is authorized to draw on the Checking Account,
whether or not such person is a party to this
Agreement.
vi) no information or advice,
whether expressed, implied, oral or
written, obtained by you from KINDNESS ANIMAL HOSPITAL or through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined
in this User
Agreement.
Pachauri
wrote on November 23, 2009: «The question is
whether the additional time that the world would now have to arrive at an
agreement at the next Conference of the Parties
in Mexico will give us time and space to look at the larger problem of unsustainable development, of which climate change is at best a symptom.
The question of
whether the work of a freelance attorney requires a
written agreement seems obvious at first glance — «get it
in writing» is the golden rule, after all.
Let's put aside
whether or not an oral
agreement is binding, because the best practice is to confirm any settlement
in writing.
My question is
whether there exists any serious new framework, guidelines or proposal for
writing contracts
in a way that avoids verbal aggression, underlying instead the spirit of collaboration and commitment that a client / provider
agreement should protect.
First, for the purposes of applying Article 81 (1) EC, the question
whether or not there is an
agreement which is
in writing, or otherwise explicit, between the participating undertakings is not decisive so long as they act
in collusion (see paragraphs 115 to 123 above).»
Further, since there is no legal requirement that a mediated
agreement must be
in writing, it is also a process inherently susceptible to uncertainties as to
whether a binding
agreement has been made, and
written agreements are vulnerable to mistakes which may call for rectification.
The sale of foreign land is almost certainly governed by the lex situs and not by the law of the
agreement — why should Ontario care
whether the contract for the sale of foreign land is or is not recorded
in a signed
writing?
The issue related to the variation or cancellation of an
agreement by email and
whether an exchange of emails between the relevant parties would meet the requirements imposed by non-variation clauses of being «
in writing» and «signed by both parties».
In Bowes, Chief Justice Winkler,
writing for a five - member panel of the Court of Appeal, held that if an employment
agreement specifies the amount payable to an employee if the employer terminates the employment contract,
whether fixed or readily calculable, the parties have contracted out of the common law presumption of providing reasonable notice of dismissal.
If an
agreement is important to you,
whether it concerns business or a personal transaction, it is wise to get it
in writing.
Whether it is
in the Solicitor's Act
in Ontario, the Law Society Rules
in British Columbia or the Alberta Rules of Court, jurisdictions across Canada already require contingency fee
agreements to be
in writing.
While not having a contingency fee
agreement in writing could breach local rules, it may also prompt the CRA to question
whether the
agreement qualifies as a bona fide contingency fee arrangement.
Family Diplomacy: A Collaborative Law Firm can help guide you through an uncontested final hearing for divorce
whether (i) you and your spouse have already signed a
written agreement and are stuck
in judicial bureaucracy, (ii) you need independent advice and wish to have an attorney review a marital settlement
agreement and / or parenting plan proposed by your spouse or his / her attorney, (iii) you and your spouse have the outline of an
agreement, but you need someone to flesh it out and draft it up, (iv) your goal is to come up with an
agreement with your spouse, but this just has not yet happened, (v) you want to reach an
agreement via mediation or (vi) you wish to participate
in the innovative, team - centric process of Collaborative Divorce.
Furthermore, the Court of Appeal determined that, even if the Application Judge was
in error with respect to
whether there had been reductions
in space rented by the Appellant, such an error was ``... not one which would have affected the result» since both the evidence and conduct of the parties suggested ``... whenever a change to the Lease was sought the parties negotiated the terms and entered into a
written agreement».
Marital property
in Florida is considered to be all assets and debts either spouse acquires during the marriage, unless there is a valid
written agreement stating otherwise, regardless of
whether the property or debt is only
in one spouse's name.
Other factors that can impact your severance entitlement are
whether you have a
written employment
agreement, and
whether your employer induced you to join their business
in the first place.
In addition, the Court found that where there is a written bonus plan in place, it will likely be necessary to consider its eligibility criteria, whether these criteria were brought to the attention of the employee, and whether the bonus plan forms part of the employment agreemen
In addition, the Court found that where there is a
written bonus plan
in place, it will likely be necessary to consider its eligibility criteria, whether these criteria were brought to the attention of the employee, and whether the bonus plan forms part of the employment agreemen
in place, it will likely be necessary to consider its eligibility criteria,
whether these criteria were brought to the attention of the employee, and
whether the bonus plan forms part of the employment
agreement.
Clare Raven, Partner
in Hadef & Partners» Dispute Resolution team, questions
whether distribution arrangements that are not detailed
in a
written distribution
agreement are valid and enforceable, and
whether compensation is payable upon termination.
Each requires a determination of
whether the true
agreement between the contracting parties is accurately expressed
in the
written instruments reflecting either the terms of the
agreement or the execution of the obligations themselves.
The EEOC has identified six non-exhaustive factors relevant to making this determination: •
Whether the organization can hire or fire the individual or set the rules and regulations of the individual's work; •
Whether and, if so, to what extent the organization supervises the individual's work; •
Whether the individual reports to someone higher
in the organization; •
Whether and, if so, to what extent the individual is able to influence the organization; •
Whether the parties intended that the individual be an employee, as expressed
in written agreements or contracts; and •
Whether the individual shares
in the profits, losses, and liabilities of the organization.
Whether an
agreement in writing which contains an anti-oral variation clause can be varied other than
in accordance with the terms of that clause.
These terms and conditions contain the entire understanding and
agreement between us and you
in relation to your use of the Site and supersedes and replaces any representation, statement or other communication (
whether written or otherwise) made by you or us which is not contained herein.
Surely the only matter that the judge
in Brown v Patel and Rice needed to decide was
whether or not there was a settlement
agreement in writing signed by all the parties?
He found that there was not, and this finding should have pre-empted any need to explore
whether there was
in theory an
agreement which could have been evidenced
in writing.
This appeal considered
whether an
agreement in writing which contains an anti-oral variation clause can be varied other than
in accordance with the terms of that clause, and
whether the Court of Appeal was wrong to follow a previous Court of Appeal decision
in which a relevant contrary authority had not been cited, or a later Court of Appeal decision which considered both earlier decisions and rejected that contrary authority but did so obiter.
These
Agreements constitute all the terms and conditions agreed upon between you and Spotify and supersede any prior agreements in relation to the subject matter of these Agreements, whether writte
Agreements constitute all the terms and conditions agreed upon between you and Spotify and supersede any prior
agreements in relation to the subject matter of these Agreements, whether writte
agreements in relation to the subject matter of these
Agreements, whether writte
Agreements,
whether written or oral.
Regardless of
whether we performed your original mediation, if post-divorce issues have arisen and you require a Modification
Agreement (amendment to the original Settlement), we can assist you
in mediating changes and then
writing up and filing these changes on your behalf.
Family Diplomacy: A Collaborative Law Firm can help guide you through an uncontested final hearing for divorce
whether (i) you and your spouse have already signed a
written agreement and are stuck
in judicial bureaucracy, (ii) you need independent advice and wish to have an attorney review a marital settlement
agreement and / or parenting plan proposed by your spouse or his / her attorney, (iii) you and your spouse have the outline of an
agreement, but you need someone to flesh it out and draft it up, (iv) your goal is to come up with an
agreement with your spouse, but this just has not yet happened, (v) you want to reach an
agreement via mediation or (vi) you wish to participate
in the innovative, team - centric process of Collaborative Divorce.
At the time you sign an agency
agreement, you may be asked to acknowledge
whether you would consider giving
written consent allowing the brokerage firm to designate a representative for you and one for the other client
in a designated agency.
Signature Realty, Inc. v. Tallman (303 A.D. 2d 925)-- if there is any doubt or uncertainty as to the meaning of the disputed language
in a brokerage
agreement, all ambiguity must be resolved against the broker who prepared it; brokerage
agreement was, as a matter of law, ambiguous with respect to the issue of
whether broker would earn commissions when tenant exercised an option to renew the lease and therefore broker is not entitled to commissions on rental payments during any renewal term of the lease; broker not entitled to restitution
in quasi-contract because there exists a valid and enforceable
written contract governing the particular subject matter
in dispute; dissenting opinion finds that the brokerage
agreement is clear with respect to commissions earned and payable and that tenant was obligated to pay a commission to broker at the time the rental payment was due and owing to landlord, including during renewal terms of the lease.
The best practice when representing buyers is to disclose,
in writing, the amount or method of calculating remuneration and the circumstances on which it will be paid
whether or not there is a
written service
agreement.
5 - 2 If a brokerage provides real estate services under a
written agreement,
whether or not the
agreement is required by section 5 - 1 [
written service
agreements required
in some cases] of these rules, the brokerage must deliver a copy to the client immediately on execution of the
agreement.
In addition, courts take the existence of a written agreement into consideration in analyzing whether an independent contractor relationship existed between the partie
In addition, courts take the existence of a
written agreement into consideration
in analyzing whether an independent contractor relationship existed between the partie
in analyzing
whether an independent contractor relationship existed between the parties.
While the existence of a
written agreement is not dispositive as to
whether the relationship is
in reality that of an independent contractor, a
written agreement not only adds important protections for the broker, but is frequently a required element of various state law tests, as well as a required element of certain federal law tests, for determining independent contractor status.
In addition, a new provision in Standard of Practice 16 - 13 requires you to ask buyers whether they have an exclusive representation agreement with any other broker before you provide any substantive services, such as writing an offer to purchas
In addition, a new provision
in Standard of Practice 16 - 13 requires you to ask buyers whether they have an exclusive representation agreement with any other broker before you provide any substantive services, such as writing an offer to purchas
in Standard of Practice 16 - 13 requires you to ask buyers
whether they have an exclusive representation
agreement with any other broker before you provide any substantive services, such as
writing an offer to purchase.
Had RECA instead required all
Written Service
Agreements stated
whether the agent was working exclusively as a realtor or was working as a realtor
in the time off they had from their other job, some real improvement for the REAL professionals
in Calgary real estate would have occurred.