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Selling Guide
Selling Guide

... whole or in part and limited permission to distribute electronically parts of this publication are granted to Fannie Mae-approved lenders, servicers, and other mortgage finance professionals, for internal business purposes only and strictly for their own use in originating mortgages, selling mortgag ...
Framework Agreement Schedule 4 Order form and
Framework Agreement Schedule 4 Order form and

... Customers awarding the Call Off Contract by way of the Further Competition Procedure should note that they are responsible for identifying any parts of the Supplier’s responses to the further competition documentation which are relevant to the Call Off Contract and incorporating them within before s ...
technical specifications for wharton independent school district
technical specifications for wharton independent school district

TimkenSteel Corp (Form: 8-K, Received: 01/08/2016
TimkenSteel Corp (Form: 8-K, Received: 01/08/2016

... New York sitting in the Borough of Manhattan, and any appellate court from any thereof, in any action or proceeding arising out of or relating to any Loan Document, or for recognition or enforcement of any judgment, and each of the parties hereto hereby irrevocably and unconditionally agrees that al ...
Download attachment
Download attachment

... Designations used by companies to distinguish their products are often claimed as trademarks. All brand names and product names used in this book are trade names, service marks, trademarks or registered trademarks of their respective owners. The Publisher is not associated with any product or vendor ...
0000905148-01-501166 - Lasalle Hotel Properties
0000905148-01-501166 - Lasalle Hotel Properties

... the Borrower, and have issued or participated in Letters of Credit (as defined in the Existing Credit Agreement) for the account of the Borrower, in each case on the terms and conditions set forth therein; WHEREAS, the Borrower has requested that the Existing Lenders amend the Existing Credit Agreem ...
An Economic Analysis of the Duty to Disclose Information: Lessons
An Economic Analysis of the Duty to Disclose Information: Lessons

... Mapping these economic theories on the doctrine of caveat emptor is, however, not without problems. The doctrine of caveat emptor has not remained static over time. Indeed, although it is fair to say that the Common Law doctrine is fairly easy to articulate and apply, the doctrine itself, as applied ...
Electronic Contract Administration – Legal and Security Issues
Electronic Contract Administration – Legal and Security Issues

... number of Australian industry, government and university based project partners, including: Queensland University of Technology, Queensland Department of Public Works, Queensland Department of Main Roads, Brisbane City Council, University of Newcastle and ...
Chapter 25 - North Carolina General Assembly
Chapter 25 - North Carolina General Assembly

... obligation that results from the parties' agreement as determined by this Chapter as supplemented by any other applicable laws. "Creditor" includes a general creditor, a secured creditor, a lien creditor, and any representative of creditors, including an assignee for the benefit of creditors, a trus ...
Article - UCLA Law Review
Article - UCLA Law Review

... One court has said that the theories of consideration and promissory estoppel “are two different creatures of the law; they are not legally synonymous; the birth of one does not spawn the other.” Duke Power Co. v. S.C. Pub. Serv. Comm’n, 326 S.E.2d 395, 406 (S.C. 1985). ...
What Does Accepted for Value Mean?
What Does Accepted for Value Mean?

... instrument. In corporate United States, there must be a written record of everything. Nothing is supposed to be assumed or presumed, but that does not mean assumptions and presumptions are not used everyday to acquire rights and enforce them. If the right that is being enforced is a security interes ...
Consumer Law and Credit / Debt Law
Consumer Law and Credit / Debt Law

... important to keep client problems in perspective. The law outlined in this manual governs millions of consumer and credit transactions made in the province every year. The vast majority of those transactions are carried out without any problems. Overwhelmingly, society accepts the rules that govern ...
Law and Business of Computer Software
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... predominant element is the sale of goods, with the rendering of services being only incidental (even when the software is being custom-developed), then the agreement is deemed to involve a transaction in goods and therefore to be subject to Article 2.[1] Judges apparently prefer the familiarity of t ...


... High-level acceptance criteria for Document Deliverables are listed in Section 1.501. Any additional or more specific criteria are identified here. A. Procurement of Services The Contractor will provide a complete list of all services offered that may be utilized as part of the Enterprise Internet S ...
ICSID Case No ARB/02/5
ICSID Case No ARB/02/5

... had agreed to a schedule for written submissions and for the hearing on the merits. According to that schedule, the Claimants were to file their Memorial on the Merits by February 18, 2005; Respondent was to file its Counter-Memorial by September 19, 2005; the Claimants were to file their Reply on t ...
Graduated Consent in Contract and Tort Law: Toward A. Theory of
Graduated Consent in Contract and Tort Law: Toward A. Theory of

... Especially in the law of contracts, consent has a carefully defined meaning. A court will typically look with well-founded skepticism on facial proofs of express consent, taking care that they do not hide transactions tainted with duress,12 undue influence,13 incapacity,14 fraud,15 mistake,16 misund ...
THE BOILERPLATE OF EVERYTHING AND THE IDEAL
THE BOILERPLATE OF EVERYTHING AND THE IDEAL

... (Galanter 97) such as a consumer or employee, who might need the legal framework of discovery to make a factspecific case or the collective benefits of a class action to bring a case at all. Employers and corporations on the other side requiring arbitration— “repeat players” (97), with knowledge of ...
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... 4. It is not permissible to transfer this invitation to any other firm. 5. A firm will be selected under Quality and Cost Based Selections (QCBS) procedures and in a [insert proposal format: Full Technical Proposal (FTP) or Simplified Technical Proposal (STP)] format as described in this RFP, in acc ...
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... added value to other person’s materials. If value added is wholly disproportionate to original value, maker gains title, otherwise original owner has title. However, virtually all cases granting the improver title require a showing of good faith, i.e. willful trespassers will not gain title. Note: I ...
words - Nasdaq`s INTEL Solutions
words - Nasdaq`s INTEL Solutions

... We are organized to profitably manage numerous small to mid-size contracts at the same time. Our contracts can range from $1,000 to over $5,000,000 in contract revenue. Our project contracts typically have a duration of less than 12 months, although we have city services contracts that have been in ...
Logic-Based Tools for the Analysis and Representation of Legal
Logic-Based Tools for the Analysis and Representation of Legal

... (a) To what extent can techniques developed for the representation of legislation and regulations be transferred and applied usefully in the domain of legal contracts? (b) What features are specific to legal contracts and what techniques can be developed to address them? The intended applications in ...
Regulating Contract Formation: Precontractual Reliance, Sunk
Regulating Contract Formation: Precontractual Reliance, Sunk

... It is a well-known fact that negotiation is costly. Negotiating parties are required not only to invest their time and efforts (which means foregoing other opportunities) but also to pay for information, expert opinions, financial guaranties, and, last but not least, lawyers’ fees. Furthermore, in c ...
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Unconstitutional Land Development Conditions and the

... agreement applies to land about to be annexed to a village, town, city, or other general purpose municipal corporation, as opposed to a development agreement where the land subject to the agreement is already a part of the municipal corporation. Otherwise, both the theory and the principal reasons f ...
sales and leases
sales and leases

... 7. The exception only eliminates the statute of fraud defense for the  8. Only gives  her day in court a. burden of proof remains with the  to establish the contract and terms 9.  can always dispute the terms of the agreement 10. Example of Merchant exception: Bazak—oral agreement between  (buy ...
Corporations I - Phi Delta Phi
Corporations I - Phi Delta Phi

... over the business. So although there was profit sharing, Mrs. Chesire, the employee, had no control except to view the books. (a) Might have been influenced by politics because she would have been the 8th employee and required him to pay for insurance of some kind. (b) RUPA §202(c)(3): Could apply h ...
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Unconscionability

Unconscionability (known as unconscionable dealing/conduct in Australia) is a doctrine in contract law that describes terms that are so extremely unjust, or overwhelmingly one-sided in favor of the party who has the superior bargaining power, that they are contrary to good conscience. Typically, an unconscionable contract is held to be unenforceable because no reasonable or informed person would otherwise agree to it. The perpetrator of the conduct is not allowed to benefit, because the consideration offered is lacking, or is so obviously inadequate, that to enforce the contract would be unfair to the party seeking to escape the contract.Unconscionability is determined by examining the circumstances of the parties when the contract was made, such as their bargaining power, age, and mental capacity. Other issues might include lack of choice, superior knowledge, and other obligations or circumstances surrounding the bargaining process. Unconscionable conduct is also found in acts of fraud and deceit, where the deliberate misrepresentation of fact deprives someone of a valuable possession. When a party takes unconscionable advantage of another, the action may be treated as criminal fraud or the civil action of deceit.For the defense of unconscionability to apply, the contract has to have been unconscionable at the time that it was made; later circumstances that make the contract extremely one-sided are irrelevant. There are no standardized criteria for determining unconscionability; it is a subjective judgment by the judge, not a jury, and is applied only when it would be an affront to the integrity of the judicial system to enforce such a contract. Upon finding unconscionability a court has a great deal of flexibility on how it remedies the situation. It may refuse to enforce the contract against the party unfairly treated on the theory that they were misled, lacked information, or signed under duress or misunderstanding; it may refuse to enforce the offending clause, or take other measures it deems necessary to have a fair outcome. Damages are usually not awarded.
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