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The Council gave conditions of when a third party may seek protection of an exclusion clause in a contract between two parties.
The expert clause is a clause in a contract and it will therefore be subject to the same rules of interpretation as a contract.
The clause in a contract which refers matters to an expert for determination is known in this book as the "expert clause".
An arbitration clause is a commonly used clause in a contract that requires the parties to resolve their disputes through an arbitration process.
The Yankees argued that Winfield had a clause in a contract signed in 1981 that negated such rights.
An exclusion clause in a contract of sale can provide a defence only to the seller and only against a claim by the person to whom he sold.
The final takeover was mired in controversy, due to a payment clause in a contract with one casino developer, Power Plant Entertainment.
A decent lawyer (check him or her out with the Spanish Law Society if you are in any doubt) will insert a penalty clause in a contract.
A bonus clause is a clause in a contract that rewards the contractor for doing more than the letter of the contract; particularly, to finish the job early.
In 1905, IPEU won the first binding arbitration clause in a contract, and by 1912 the clause was standard throughout the publishing industry.
The sharpest criticism in recent weeks has concerned a clause in a contract transferring the papers that seemed to give Mr. Giuliani the authority to make those determinations.
Consent may also derive from a pre-litigation agreement by the parties, such as a forum selection clause in a contract (not to be confused with a choice of law clause).
This involved a practical consideration where a party could void the involvement of the Commonwealth in regulating trade and commerce by simply inserting an intrastate clause in a contract.
One question to bear in mind is whether it might in certain circumstances be a breach of fiduciary duty to include an exemption clause in a contract with a customer.
Mr. Born admits he has a tendency to dive into the details of a deal, arguing with lawyers about clauses in a contract and with accountants about the financial structure.
The case stands for the proposition that an express choice of law clause in a contract should be honoured as long as the agreement was bona fide and not against public policy.
He said of Diane, "When she's hammering out the clauses in a contract (taken to the last delicious degree of absurdity by Mr. Beane), she's Scheherazade."
Gerst said that a moral turpitude clause in a contract for the bout could provide "wiggle room" for Dan Duva, Holyfield's promoter and the sole promoter of the fight.
Thus an exclusion clause in a contract is a defence available only to a contracted party and only against the other contracted party, Scruttons v. Midland Silicones (1962 H.L.).
A forum selection clause in a contract with a conflict of laws element allows the parties to agree that any litigation resulting from that contract will be initiated in a specific forum.
They were unable to sell the restaurant due to a clause in a contract they signed and the cost of moving the restaurant to another location was too high, so Room Nineteen closed its doors in June 2005.
The importance of the force majeure clause in a contract, particularly one of any length in time, cannot be overstated as it relieves a party from an obligation under the contract (or suspends that obligation).
Wells, who is listed at 225 pounds, might be asked to include a weight clause in a contract like the ones Steinbrenner inserted in the contracts of the former Yankees Bob Wickman and Jim Leyritz.
Section 8 of the Unfair Contract Terms Act provides that a clause in a contract which purports to exclude or restrict liability for misrepresentation will only be effective if it satisfies the requirement of reasonableness.
Early into the 1974-75 season, Ballard publicly blasted Keon, saying that the team was not getting good leadership from its captain and vowing never again to agree to a no-trade clause in a contract, as he had with Keon.