Archive for March, 2022

Mar 23 2022

Promotion Agreement Template

. This website is protected by reCAPTCHA and Google`s privacy policy and terms of use apply. Learn more about FindLaw`s newsletters, including our Terms of Service and Privacy Policy. The e-mail address cannot be subscribed. Please try again. Parties: BBX CAPITAL CORP | Bass Pro, LLC | Big Cedar, LLC | Bluegreen Vacations Unlimited, Inc | Bluegreen/Big Cedar Vacations, LLC Joint Venture Document date: 07.08.2019 Parties: SINO FORTUNE HOLDING CORP | Beijing Daily Online Network Information Co,Ltd Document date: 30.09.2016. . .

Mar 23 2022

Private Driveway Agreement

A shared aisle can be a single space as wide as a driveway with a car (about 9 to 12 feet, although some may be smaller) or a driveway with two cars (about 20 to 24 feet). They can also take the form of a “Y”, a chevron or a flag on a pole. The benefits of such an arrangement may not immediately come to mind, but there are benefits to a shared aisle: however, if you have had a particularly strained relationship with your neighbors about sharing the aisle, you may find that dividing the aisle is the best option before selling. As a rule, large municipalities have already concluded a road maintenance contract. In addition, they have a HOA, which most likely maintains the roads. HOA members pay HOA fees, and some of the contributions are used for road maintenance and repair, but these are the easiest. Usually, these road maintenance contracts are readily available to be attached to a quick email. To lend a property on a private road, mortgage banks and banks need a copy of the registered road maintenance contract. The road maintenance contract specifies how and by whom the private roads of a municipality are maintained. Simply put, private roads are roads that are not maintained by the state. These roads are maintained by someone other than the government, e.B landowners or a homeowners` association (HOA). A common misconception is that all private roads are unpaved roads, but this is far from true.

In fact, there are a number of very beautiful and large neighborhoods with private roads. For example, a large golf community may have private roads. Condo communities may also have private streets. The Veterans Administration is stricter on private roads than the FHA. Chapter 12 of the VA Manual states: “Private roads shall be protected by a permanent easement AND maintained by an association of owners or a joint maintenance contract.” Exception: Fannie explains, “If the property is located in a state that has legal requirements that define the responsibilities of landowners for the maintenance and repair of a private road, no separate agreement or agreement is required.” Easements are registered in the county where a property is located, so a title report or property survey should describe the property rights of a potential buyer. Einhorn, Barbarito, Frost & Botwinick, a Denville, New Jersey law firm that handles real estate matters, says homeowners can also review their title insurance policy regarding any easement regarding use of or access to the driveway. It turns out that the property line passed in the middle of the driveway and this gave the buyer the right to use half of it, just like the seller. With the help of a real estate lawyer, the two parties drafted a maintenance contract that specified maintenance, liability and access. (As of January 2020, 21 states require a real estate attorney to be present at graduation, while other states only require a lawyer to prepare certain documents.) “The next buyer may find themselves in a quagmire,” said Bryan Kasprisin, a leading real estate agent in Joliet, Illinois, who has sold several properties with shared driveways. So how can a seller ensure smooth navigation? Coveted parking: In metropolitan areas like Brooklyn, New York, where parking is a bonus, a shared driveway is a “coveted” feature, whether or not it needs to be shared with someone else. Marshall, Roth & Gregory, a law firm in Asheville, North Carolina, that handles estate planning and real estate transactions, said real estate agents should pay attention to these “shared access issues” before listing the property, as well as before closing.

Regardless of how the shared driveway was used before, owners and users should document the limits, responsibilities and costs of their ownership in a document such as a joint entry agreement, the lawyers say. Clearer and safer roads: Roads with apartments close to each other may look clearer and become safer by reducing “vehicle access points” such as driveways, said a steering committee on proposed road improvements in Washtenaw County, Michigan. “The sharing or sharing of an entry by two or more landowners should be encouraged,” the committee`s report says. A shared driveway may be common for some buyers, but it doesn`t have to become a barrier to selling your home. “It`s just a matter of clear and unambiguous expectations: `This is what needs to be done,`” Kasprisin said. Like everything else, if everyone has that, then they should be fine. A buyer may also find that a shared aisle is not a big compromise for another benefit, he added. “If I have a garage for seven cars but I have a shared driveway, I may not want the shared driveway, but wow, I can get a garage for seven cars. Sometimes you take the good with the bad. Kasprisin said he always reveals when a property has a common driveway and often has to explain to buyers what that means. “Sometimes it`s not a problem for the buyer until we make it a problem by letting them know it could happen,” he said. “It doesn`t really bother a buyer until they understand what the responsibility is or what problems might arise.” Some people refer to a common alley as a “common alley,” but it has a legal definition. Almost all common walkways are “associated easements” or rights to “exercise a limited form of ownership or possession of another person`s property,” real estate lawyers say.

These rights are related to the ownership of the land and are usually transferred to the new owner. Unfortunately, this courtesy depends on how well you get along with your neighbors. Some residents chased each other for navigating a common driveway. Others may have a nice deal until one of them moves, so the remaining owner can claim that the shared driveway belongs to them alone because they`ve been using it longer, no matter what a real estate survey says. UsDA accurately reflects FHA requirements. USDA guaranteed loans require that private roads be protected by a registered permanent easement or that the road be maintained by an HOA. This loan program does not require proof of a private road maintenance contract. Keep in mind that you must meet the USDA eligibility criteria to finance your home with this type of loan. Some lenders will not give loan approval to potential buyers interested in a property with a shared driveway without such a registered legal document, they added. The biggest problem arises when there is no private road agreement. Even worse, the idea of getting about 40 landowners to sign an agreement before closing. Fortunately, there are possible solutions to this problem: When selling a home with a shared driveway, your real estate agent uses comparable properties to set the asking price.

But depending on how often shared aisles are in your area, your agent may not need to adjust the price to make up for this. Concerns that often arise with shared aisles are: However, if a shared driveway in your neighborhood is the norm, there is no need for customization, as with the Victorian home that Kasprisin sold. “I didn`t include the aisle in the pricing strategy at all,” he said. “If you want to live in this neighborhood or in this kind of house, it`s part of your presence.” The example above isn`t that scary, but what if you find a home in a small community, on a rural county road, or on a gravel/unfortified road? Often there is no association, and there is rarely an agreement for road maintenance. A few time bombs are found deep in the process of buying a home, which can explode in the last hour without preparation. Such a dreaded last-second request looks like, “Please send us the private road maintenance contract for this road.” Too often, there is no road maintenance contract. Then fear sets in with the idea of putting 40 owners on the street in the next 24 hours to sign an agreement. Timely completion is then in danger. If you`re a real estate agent or mortgage lender, you`ve experienced this.

Take, for example, a shared aisle. This type of facility, where two or more people jointly own a driveway but negotiate maintenance and use, can occur in cities and suburbs. If the holidays are enjoyable, a shared driveway is just another quirk in your home. No one devours half of the other or blocks the neighbor`s access with bad parking. Everyone is a happy camper. Fannie Mae`s traditional loans require properties on a private road to have a “reasonable and legally enforceable agreement or agreement to maintain the road.” Fannie further explains that the following should be included in the registered document: “The mortgagee must confirm that the property is equipped with safe pedestrian access and adequate access to vehicles from a public or private road.

Mar 22 2022

Premarital Agreement Indiana

The execution of a marriage contract helps both parties in the event of divorce or death. It can streamline the process and help avoid litigation. However, a prenuptial agreement cannot be used to determine custody or child support, which can be controversial in a divorce. Some agreements are not considered enforceable; Article 31-11-3-8 describes these cases. If the document is signed unintentionally or the content of the document is unclear, the document can no longer be applied. It is important that if you plan to draft or sign a marriage contract, consult a lawyer. Our family law attorneys in Indianapolis can review the agreement with you and address any concerns you may have regarding the language of the contract. An experienced marriage lawyer can also help you negotiate all the points of the agreement that you would have liked to change. A marriage contract is a contract that is concluded between two people before marriage. Typically, these agreements determine how money and property acquired during the marriage is classified (i.e., As common property or as property separated from each spouse) and identify the property that each spouse brings into the marriage. Although often discussed in the context of divorce, a prenuptial agreement can also describe the responsibilities and rights of each spouse during marriage. The best way to protect your rights in a marriage or post-marriage contract is to speak to a competent family law lawyer.

Ideally, your marriage will last a lifetime, but entering into a marriage or post-marriage contract with a spouse is one way to protect your rights in the event of a marriage breakdown. These agreements can be annulled by the courts if they are not properly executed. An experienced family law attorney in Indiana will help you draft a binding agreement that can protect your rights. Contact us today to learn more about how a marriage or post-marriage contract can help you. This blog post was written by lawyers at Ciyou & Dixon, P.C. who cover the entire spectrum of domestic matters, from prenuptial agreements to divorces and appeals. We hope he has provided you with useful information to understand the full range of rights and remedies under Indiana`s divorce law. This blog is not a solicitation of specific legal services or legal advice.

It is an advertisement. In the agreement, the couple also indicates what happens if one of them becomes disabled or dies. IC 31-11-3-10 Limitation period during marriage; fair defence § 10. Any limitation period applicable to an action asserting a claim for compensation under a prenuptial contract is extended during the marriage of the parties to the agreement. However, both parties have fair means limiting the time of execution, including Laches and Estoppel. As added by P.L.1-1997, SEC.3. IC 31-11-3-6 Date of entry into force Article 6. A prenuptial agreement takes effect with the marriage. As added by P.L.1-1997, SEC.3. The lack of scruples, as justified by the non-respect of a marriage contract that excludes the granting of spousal support, implies a flagrant inequality.4 The disparity in this sense means a difference in bargaining power between the future spouses.

Things like wealth, business acumen, free exchange of information, education, language comprehension, a lawyer, etc. all go in the direction of the concept of inequality between the parties. So the question arises as to what best practices can be applied, especially those who want prenuptial agreements because they bring significant assets into a marriage to avoid declaring a prenuptial agreement unenforceable in the background when filing a divorce petition.5 Here are some suggestions: How the majority of Indiana states use the Uniform Prenuptial Agreements Act (UPAA), determine the applicability of marriage contracts. This joint plan sets out several rules under which the court can determine whether a marriage contract is enforceable or, alternatively, whether a person of the former couple has violated the contract and has therefore declared it null and void. If you`ve already been married, you may want to disconnect some items from your new connection. A prenuptial agreement is a great way to do this. If you`ve decided to postpone your marriage until you`ve been able to establish your career, you may also have accumulated a lot of wealth and may want to have a prenuptial agreement to get the emergency penny you built. In Indiana, marriage contracts are called “prenuptial contracts.” These types of contracts are defined by Indiana law as an agreement that “is signed in return for the marriage and becomes effective with the marriage.” To be valid, a prenuptial agreement must be in writing and signed by both parties; However, unlike other contracts, no consideration is required. A prenuptial contract can deal with a variety of issues, including: Marriage contracts can be revoked or amended after a marriage if both parties agree and submit a new document. Such a model prenuptiality agreement should be signed before marriage. You regulate: It doesn`t matter if you fully trust your partner.

Unfortunately, your marriage may end up on rocks or irreconcilable disagreements. Therefore, couples create specific legal forms to govern their marital and post-marital relationships, such as the Indiana Marriage Contract Form (also known as prenup, prenup, prenupial agreement, marriage contract, etc.). IC 31-11-3-9 Effect of null marriage § 9. If a marriage is declared null and void, an agreement that would otherwise have been a prenuptial agreement is enforceable only to the extent necessary to avoid an unjust outcome. As added by P.L.1-1997, SEC.3. Someone who is considering getting married and needs to enter into a prenup agreement in Indiana should review the provisions of Article 11, Title 31 of the Indiana Code. The topics described above are often used to conclude these agreements in all U.S. states, not just Indiana. Make sure we haven`t mentioned child support as one of the topics covered in the agreements. These issues will be settled by a court if you divorce; You can`t set the rules for your children through prenuptial agreements. Unfortunately, many marriages in the United States and Indiana can end in divorce. Usually, it is not a thought in the mind of a bride or groom before their wedding that the wedding will end one day.

With a relatively high divorce rate and with many people remarrying or remarrying for the third or fourth time, more and more people are determining contingencies if a marriage doesn`t work. For this reason, some couples choose to enter into prenuptial agreements under the Indiana Uniform Premarital Agreement Act (the “Act”) (Ind. Code § 31-11-3-1 ff.). This blog post discusses some considerations to consider when reviewing a prenuptial agreement. The Indiana Marriage Contract, called in the Indiana Code a Prenuptial Agreement, is a legal contract between two potential spouses who wish to clearly delineate the management of their collective and individual assets and debts. The document is written before the marriage and lists the assets, property, financial accounts and businesses of each party. It will share how these assets will be managed throughout the marriage, what will happen to the assets acquired during this period, and how all assets will be divided in the event of death or divorce. IC 31-11-3-8 Applicability of the Agreement § 8. (a) A prenuptial agreement is not enforceable if a party against whom enforcement is sought proves that: (1) the party did not voluntarily sign the agreement; or (2) the Agreement was unscrupulous at the time of performance of the Agreement.

(b) if: (1) a provision of a prenuptial contract modifies or eliminates the maintenance of the spouses; and (2) modification or elimination results in one (1) party to the parties` rights that you may describe in the Indiana Agreement are listed in Section 31-11-3-5. . . .

Mar 22 2022

Popular Contractions in English

Note: These contractions use “to have” as a useful verb to indicate something that happened in the past. Some people feel that contractions should never appear in writing, but this belief is false. The use of contractions is directly related to sound. Most contractions cannot be placed at the end of a sentence. If you`re not sure if you can put one on at the end, expand the contraction and decide if it makes sense. For example, “When it`s time to go, let`s go!” is extended to “When it`s time to go, let`s go!” It doesn`t sound right because it`s not. If you want to hear more sophisticated language, watch a movie with very correct English, such as “Pride and Prejudice.” If you want to hear dialects with a lot of contractions and slang, you can try watching the popular TV series “The Walking Dead”. Pay attention to the correct use. Since many contractions are homophone, it can be easy to confuse them with other words. We rely on contractions in a normal conversation all the time.

When people talk to each other, they are usually expected to use contractions (can, don`t want, shouldn`t) whenever they can, as it saves time. And others! Next, we will discuss the different situations in which you can use them, and finally, we will provide you with some resources to help you practice the proper use of contractions. Be careful, because not all words with an apostrophe are a contraction. Possessive names in English end with the apostrophe -s (the house of Bob, Carla`s mother), but they are not contractions. Contractions are so common that most of us don`t even realize we`re using them. Since we are a culture that thrives on efficiency, when two people talk to each other, we expect them to use contractions to move the conversation forward. There are many common contractions in the English language, so we`ve put them together for you. Note that many conjugations must be of form. Most of the time, it is acceptable to use contractions in everyday English. People use them all the time in spoken and written English.

However, contractions are sometimes considered less formal than the full sentence. Saying “I can`t help you” is more casual than saying “I can`t help you.” To detect contractions when reading English, look for the floating punctuation mark, called an apostrophe (“I`m”), that occurs in the most common English contractions. If you ignore the apostrophe, you can confuse a contraction with another word. We often use contractions in spoken English, and you should try to use frequent contractions in your language to make your English more fluent. We generally do not use contractions in formal writing (e.B. scientific papers). Not all contractions are created equal. Some are more standardized and acceptable than others. Standard contractions are as follows: contractions that use “had” are usually followed by a past participle of a verb.

For example, “When she called, I had eaten.” Note that you can`t just use these contractions as a past tense (for example, you wouldn`t say “she had a dog” for “she had a dog”). Contractions are often made with auxiliary or auxiliary verbs, such as . B be, do, have and can have. We can say, “It`s not raining” or “It`s not raining.” But we can`t say, “It`s not raining.” For negative clauses, we have the choice between using negative contractions like not (n`t) and the contraction of the pronoun and verb (that is). But we can`t do both. We will talk about contractions in detail below, but just to be on the safe side, these are among the usual contractions in the English language: Don`t, can`t, I`m, You`re, Wouldn`t, and many others. Some people believe that contractions should be avoided at all costs, and while this may be accurate in some situations, this is not a general rule. Consider texting a friend: “I can`t see him today; I`m sorry I harassed you. Below, we take a look at some common English contractions you should remember.

They are made with the following words: Here, for example, is a YouTube video that uses the popular song “Call Me Maybe” to explain the contractions. There are also other examples of slang contractions that are sometimes used in English. As we like to move quickly in conversations, contractions help to speed up the dialogue without losing the desired meaning. Even if we could do it when we speak, you can`t double the contractions. So even if you mean, shouldn`t have, they can`t write, they shouldn`t have. This is only acceptable if you write fiction and create a tone for your writing. If you write an academic essay, this is unacceptable. Note: Sometimes contractions are used to shorten words rather than combine them. The honourable senator is one example.

There are some contractions, like going to (going to) and wanting (wanting), which are written without apostrophes. Note: The contractions for “had” and “would” look exactly the same! So how do you distinguish them? It is a question of context. Contractions are common in language – so common that we don`t always take the time to pronounce them accurately, resulting in a certain contraction error that writers might make if they weren`t careful. In language, we often pronounce “could,” “should,” and “would” in a way that sounds like “could,” “should,” and “would be from.” But you should never write, shouldn`t or would never want to. Remember, could have, would have and would have blown that meaning that they had, should have and had. The form cannot also be attached to most modal excipients, e.B. cannot, could not, cannot, should not, does not want and would not want. Yet you won`t hear many Americans say they can`t or can`t say; even these contractions are too formal.

These are all examples of common contractions – those funny little words that help simplify the English language. This list is not exhaustive. People can often get creative and do their own contractions like this, so look and see if you can identify new contractions! In professional situations, it is generally recommended to avoid contractions in cover letters and essays. Before you decide if you want to use contractions in a writing task, consider your audience and the purpose of the writing. In informal writing (from text messages and blogs to memos and personal essays), we often rely on contractions to maintain a familiar tone. In more formal writing assignments (such as academic reports or session papers), avoiding contractions is a way to establish a more serious tone. Some authors use less frequent contractions when they want to represent a particular style of language. You could write something to represent how people often don`t pronounce the last g of “something” in the language. From time to time, you can see e`er (instead of never) in poetry. And of course, in the southern United States, you`ll probably meet all of you (all of you). The names of decades are also often contracted: the 60s (the 1960s).

To control contractions, you must first remember the list provided above. But you also need to be exposed to different speech styles or dialects. Also note that the words “y`all” and “ain`t” can be considered slang depending on where you are. Some American dialects consider these contractions acceptable and use them frequently. In other places and situations, these words are considered very bad English and should be avoided. If you`re taking an English course, it`s probably best not to use these words. There are very rare cases when doubling contractions is acceptable. .

Mar 22 2022

Photo Booth Rental Contract

Triumph Photobooth provides the configuration and removes the photo booth from the room. The operation of the photo booth schedules can be adjusted if the venue or customer ends the event before the contractually agreed end time and no refund of the money is made. The area in which the photo booth is to be placed is reasonably accessible and has a flat floor. Triumph Photobooth requires access to the site at least 60 minutes before the event and 30 minutes after the event for set-up and dismantling. You can also get a box of accessories with the rental of your stand, although this may incur additional costs. Depending on the type of photo booth you rent, you may also receive instructions on how to use the cabin as a standard part of your contract. There is a section in the commercial lease template that tells you if the statement is included. Customer acknowledges that it is responsible for any damage or loss of triumph Photobooth Equipment caused by: a) misuse of the Equipment by Customer or its guests or b) theft or disaster (including, but not limited to, fire, flood or earthquake). c) Power failure or surge of the photo booths at any time, resulting in the loss of images or damage to the software and / or equipment (10) amount of the deposit.

A standard requirement that protects the photo booth and the interests of the owner is the deposit. This helps protect the stand owner or owner from loss of potential income in case the tenant tries to terminate the lease prematurely. This Agreement is a contract between you as a Customer or as an agent of the Customer and the Company. This Agreement constitutes the entire agreement between the Company and the Client and supersedes all prior and contemporaneous contracts or agreements between the parties. Photo booth rental can vary greatly from company to company and stand to stand. Since each booth is a little different, you should read the terms of your lease carefully to make sure you get what you want. At the very least, you should expect a photo booth rental to include the camera, film to print at least one type of photo, and ink for that photo. INHERENT QUALITIES: The Customer acknowledges that he is aware that the dyes in photograph may fade or fade over time due to the inherent properties of the dyes, as well as digital media that may deteriorate due to delamination and oxidation, and the Customer releases the Company from any liability for claims based on deterioration due to these inherent properties. (3) Customer.

The photographer or studio renting the booth in question must receive a record of the full name and address of that party. As with any stand rental, there are possible charges if the stand is damaged or if other contractual conditions are violated during the rental. This section also includes all required deposits, the exact amount of rent and the date the rent is due for the stand. You may be able to make multiple payments, in which case this section contains the deadline for each payment at the kiosk. If you keep the booth at your event longer than expected, there will likely be a fee as well. The waiting time fee increases over time, so the amount of the fee and the duration of the fee are included in the contract. DISCLAIMER: The Company disclaims all liability and the Client agrees that the Company accepts no liability due to causes beyond the Company`s control, including, but not limited to, intrusive guests, Delays by the Client or guests, weather conditions, time complications, incorrect addresses provided to the Company, incorrect data provided to the Company. Rendering of decorations or restrictions of places. The Company is not responsible for backgrounds or lighting conditions that may negatively affect or limit photo coverage. The Company disclaims all liability, and the Client agrees that the Company is not responsible for not photographing the entire Event or any particular person or object present at the Event. Service – The provider will arrive on your rental date, DATE, approximately 45-90 minutes before the start time you request (which will be determined at a later date). If the customer wants the supplier to arrive earlier, the customer will be charged at our current “non-operational” hourly rate of $75 per hour.

The service provider undertakes to operate a photo booth of at least 85% during this period; Sometimes the operation for the maintenance of the photo booth must be interrupted (change of photo paper, adjustment of the camera, adjustment of the printer, lighting, etc.) to obtain a quality product. A good rental ensures that everyone gets what they agreed, that all rent and fee payments are made, and that the photo booth meets the tenant`s qualifications. Uses a DSLR camera that provides superior quality photos. Requires more hardware, higher installation costs, but also the ability to print photos on site. Renting a photo booth costs between $350 and $1,200, depending on the type of photo booth requested, the number of hours used, and the location of the event. To find the best price in your area, try Thumbtack, TheKnot (for weddings), and Yelp. Liability and Indemnification The Customer agrees that the Supplier`s maximum liability for any claim, breach or damage resulting from any act or omission, including breach of contract or negligence, shall be limited to the dollar amount paid by the Customer in accordance with this Agreement. The Customer agrees that in no event shall the Supplier be liable for claims for emotional distress, psychological distress, punitive damages, consequential damages, loss of profits, loss of use, loss of revenue and/or replacement costs. The Customer agrees to indemnify, defend and hold harmless the Supplier, its employees and agents from and against any injury, disability, death, property damage, liability, claims or other causes of action arising out of or in connection with events of the Supplier or caused by the operation, handling or transportation of the Equipment during the term of this Rental Agreement, including, but not limited to, damage caused by the actions of the supplier or other third parties during the event and the online publication of photos of the event. Customer acknowledges and agrees that such restrictions and requirements reflect a fair allocation of risk and that Supplier would not enter into this Agreement without such specific limitations on its liability and indemnification requirements. (16) Penalty for return cheque.

If the tenant uses a cheque to pay rent for a photo booth that is returned for insufficient funds, it can cost the landlord penalties at their bank. In addition, an advance payment may prevent the landlord from fulfilling their own obligations. Thus, if a penalty is imposed on the tenant for a failed cheque payment, you give the dollar amount that represents the penalty that will be added to the amount owed by the tenant. (15) Overtime fees. Of course, a busy or crowded event can lead to delays in the Photo Booth tenant`s ability to return the booth on time. .

Mar 21 2022

Penalty Contract Define

How a penalty clause is designed or used may vary depending on the type of contract you create. Here are some examples: A penalty clause is an explicit provision of a contract. It obliges the party who has breached the contract to pay compensation to the injured party affected by the breach. When determining the validity of a penalty clause, the court conducts a test to determine whether the term is a secondary obligation that causes harm to the infringing party that is disproportionate to the innocent party`s legitimate interest in enforcing the primary obligation. The test is carried out by asking the following questions: From time to time, a company may be involved in a contractual dispute in which a significant fine is requested. These disputes relate to penalty clauses and there are certain circumstances in which these sanctions may or may not be enforceable. A penalty clause in a contract requires the defaulting party to pay some form of compensation to the innocent party in the event of a breach of contract.3 min read The court concluded that the penalty had been activated, but parkingEye had a legitimate interest and, in the circumstances, it was proportionate to the objectives of a person who had exceeded £85.00, to be invoiced. Another example is service levels for ICT services. If you are a supplier of ICT goods or services, beware of penalty clauses – they can put your business at risk.

A penalty clause states that one party is required to give something, usually money, to the other party if it violates the contract. With such a provision, the aggrieved party is more likely to pay the penalty to the other party rather than settle the matter in court. As such, a penalty clause also serves to deter the party from a breach of contract for fear of consequences. `(1) Damages for breach by either party may be awarded in the contract, but only in an amount that is reasonable having regard to the expected or actual damage caused by the breach and the difficulties in proving the loss. A clause setting out unreasonably high flat-rate damages is not enforceable as a penalty on grounds of public policy. It is necessary to formulate these provisions correctly, as conditional primary obligations are not included in the terms of criminal law, but the content remains important. You must not disregard the principle of penalties by attaching contractual provisions to the conditions. In the court, the intentions of each party are examined and challenged if it turns out that there is a provision that constitutes a hidden penalty for breach of contract. Is a penalty clause enforceable? What can be the amount of the penalty? Can it be more than the damage suffered? Is it possible to claim damages and penalty? If you claim a penalty, you also cannot claim damages for the same act or omission.

You can claim damages instead of the contractual penalty if the contract allows it. For example, if a landlord rents an apartment to a tenant for $1,000 a month and the lease provides that if a tenant owns, the tenant must pay $750 per day, this would be considered a penalty clause and would be invalid because the damage to the detention is excessive. If your company has an ongoing contractual dispute or related matters, please contact our dispute resolution team in Derby, Leicester or Nottingham for advice on 0800 024 1976 or via our online form. We have extensive knowledge and experience with regard to penalty clauses in contracts. We can: there is a whole set of laws that deal with penalty clauses. You need to be very careful when designing them and including them in contracts. Nor can you consider them in isolation, as other clauses in the contract that deal with breaches, limitations of liability, damages, and termination are relevant. They are closely related.

One car park belonged to the British Airways pension fund, which signed a contract with ParkingEye to act on their behalf. Users were allowed to park for free until 2 a.m. Exceeding the 2-hour time limit may incur a fee of £85.00. The essence of a penalty clause is that if one party to a contract violates it, that party will give something to the other party. Usually money. For example, if we agree that we will have a coffee tomorrow at 3 p.m. and if I am late, I will pay for your and my coffee. This is a penalty clause. If I am late instead of you asking for damages from the court, I will simply pay you the penalty. The purpose of preventing the party from committing the violation for fear of the consequences – I don`t want to be late for coffee because then I have to buy yours and mine.. .

Mar 21 2022

Partnership Permit South Africa

If you are in a relationship with a South African citizen or permanent resident and would like to join that partner upon their return to the country, you will need proof that you have been living with them for 5 years or more to apply for a civil partnership permit. Civil partnership approvals and visas can be a complex area, and the burden of proof of relationship is a key element. We look forward to all your questions and our free and non-binding consultation can be used with any of the following contact methods. Unfortunately, you will have to wait until the Ministry of the Interior has processed the request. The processing time can be a few months or even two years. Therefore, the best approach would be to expect that the issuance of your licence will take the maximum amount of time. One of the characteristics of a partner`s permit is that it grants permanent residence to successful applicants. Essentially, you are applying for a civil partnership permit, but you are applying for permanent residence. A permanent resident has the same rights to work, study or run a business and does not need any other permits from the Ministry of the Interior. First of all, let`s say that when you apply for a civil partnership permit, you don`t have to use the services of an immigration company like us. The application forms are available on the website of the Ministry of the Interior.

For life partner permit holders, the news is great – you can work, start a business, or study without another permit! The Ministry of the Interior undertakes to respect the following processing times for certain categories of visas and permits: therefore, if you apply for a civil partnership permit or if you already have a civil partnership permit, you no longer need to ask for confirmation specific to the activity you wish to carry out. The goal when applying for a civil partnership permit is to prove that the relationship meets the sustainability criteria, that you live together, and that you support each other emotionally and financially. For financial criteria, this includes items such as joint accounts, assets and liabilities. The emotional criteria are a little more difficult to justify and for this reason, all applicants for the life partner permit under the “How to Apply” should be aware that they will be interviewed separately and together. In order to apply for a civil partnership permit, you usually need to apply in your home country. Although you can still apply for a civil partnership permit in South Africa, this can only be done if you already have a permit or visa that gives you the right to be in South Africa. Please note that the legislation expressly prohibits you from applying for a civil partnership permit if you have a tourist visa (90 days). For this reason, we have answered some frequently asked questions about applying for a partner permit. When applying for a life partner permit, applicants must prove that it is a long-term relationship, that they live together, and that they support each other emotionally and financially. Proof of cohabitation is also a key element, as the duration of cohabitation determines whether you may be eligible for a civil partnership permit (permanent residence) or a life partner visa (temporary residence). This is due to the interview officer, so there is no fixed list of questions.

However, there are a few things you may be aware of when applying for a Civil Partnership Permit: As South Africa`s leading independent immigration company, advises, compiles, intergates immigration records with you and oversees the entire application on behalf of its client. Our years of experience and enviable success rate in obtaining life permits and visas mean that our clients can be sure that they are in expert hands. Note: All documents issued by the issuing authority of the country of origin must be originals or certified true copies and, if necessary, translated into English, with this translation certified correct by a sworn translator. Applicants must renew their temporary resident visa pending the outcome of the permanent residence permit, civil partnership permits and/or visas are issued to foreigners who immigrate to South Africa with a South African boyfriend or girlfriend (life partner) with whom they are in a permanent relationship. This reduces the stress of having to submit your application and allows you to make informed decisions. While each case is unique, we hope that the answers to the above questions can help you apply for approval. For work – Once a suitable job has been found and offered through an employment contract, Intergate Immigration can apply for a lifetime partner visa confirmation that allows the life partner to work. Civil partnership permits and visas are not widely known and it can be difficult to access information about them, but qualified individuals should make sure that they consider applying in the civil partnership permit or visa category, as this can offer excellent benefits.

You will need a residence permit or visa that will allow you to be in South Africa if you wish to apply for a civil partnership permit in that country. How do I qualify to apply for a Life Partner Permit? To eliminate the abuse of this visa, the South African government began applying stricter guidelines in May 2014. Essentially, this means that if you are able to prove your involvement with a South African citizen of at least 2 years, you can qualify for this visa. What do I need to prepare to be eligible for this Life Partner Visa for Home Affairs? It`s a good idea to put some order before applying for this life partner visa:• Proof that you share a house and the costs and responsibilities associated with living together. .

Mar 20 2022

Paris Climate Agreement 2015

Unlike the Kyoto Protocol, which sets legally binding emission reduction targets (as well as sanctions for non-compliance) only for developed countries, the Paris Agreement requires all countries – rich, poor, developed and developing – to do their part and significantly reduce greenhouse gas emissions. To this end, greater flexibility is built into the Paris Agreement: the commitments that countries should make are not otherwise worded, countries can voluntarily set their emission targets (NDCs) and countries are not subject to any penalty if they do not meet the proposed targets. What the Paris Agreement requires, however, is monitoring, reporting, and reassessing countries` individual and collective goals over time in order to bring the world closer to the broader goals of the agreement. And the agreement stipulates that countries must announce their next set of targets every five years – unlike the Kyoto Protocol, which aimed at that target but did not contain a specific requirement to achieve it. The agreement stipulates that rich countries must continue to provide financial support to poor countries to address climate change and encourages other countries to join on a voluntary basis. Protesters gather near the Eiffel Tower in Paris, France, during the 2015 United Nations Climate Change Conference. The NDC partnership was launched at COP22 in Marrakech to strengthen cooperation so that countries have access to the technical knowledge and financial support they need to achieve large-scale climate and sustainability goals. The NDC Partnership is led by a Steering Committee composed of developed and developing countries as well as international institutions and supported by a support unit hosted by the World Resources Institute based in Washington, DC and Bonn, Germany. The NDC Partnership is jointly led by the governments of Costa Rica and the Netherlands and includes 93 member countries, 21 institutional partners and ten associate members. From 2 to 15 December 2019, a COP 25 MARATHON took place in Madrid, Spain, with Chile as President. When presenting a new round of NDCs in 2020, governments reiterated an earlier call for parties to reflect “their highest possible ambition,” but again failed to adopt rules for international emissions trading under Article 6, the last major part of the “settlement” implementing the Paris Agreement. In addition, vulnerable developing countries have expressed growing despair at the scarcity of resources available to them to cope with worsening climate impacts.

The agreement recognises the role of non-party stakeholders in the fight against climate change, including cities, other sub-national authorities, civil society, the private sector and others. Both the EU and its Member States are individually responsible for ratifying the Paris Agreement. It has been reported that the EU and its 28 Member States deposit their instruments of ratification at the same time to ensure that neither the EU nor its Member States commit to commitments that strictly belong to each other[71], and there have been fears that disagreement over each Member State`s share of the EU-wide reduction target, as well as the British vote to leave the EU may delay the Paris Pact. [72] However, the European Parliament approved the ratification of the Paris Agreement on 4 October 2016[60] and the EU deposited its instruments of ratification on 5 October 2016 with several EU Member States. [72] The main challenge in designing a US NDC will be to balance the need and desire for more ambition with the need to present a credible and sustainable NDC over time. The Biden campaign`s climate strategy aims for net-zero emissions by 2050, but it would be internationally counterproductive to present an NDC that the US cannot realistically achieve. It is therefore important that the US NDC is firmly anchored in domestic climate policy. However, it will take some time for a new Biden administration to consult (with Congress, domestic stakeholders, and the international community) and develop and implement strategies that could support an ambitious and sustainable NDC.

However, it is important to remember that the Paris Agreement is not static. Instead, it is designed to boost countries` national efforts over time – meaning that current commitments are the lower limit rather than the ceiling of climate change ambitions. The bulk of the work – reducing emissions even further by 2030 and 2050 – has yet to be done, and the agreement provides the tools to make that happen. Currently, 197 countries – every nation on earth, the last signatory being war-torn Syria – have adopted the Paris Agreement. Of these, 179 have solidified their climate proposals with formal approval – including the US for now. The only major emitting countries that have not yet officially joined the deal are Russia, Turkey and Iran. A study published in 2018 indicates a threshold at which temperatures could reach 4 or 5 degrees (ambiguous expression, continuity would be “4-5°C”) compared to pre-industrial levels, suggesting that this threshold is below the 2-degree temperature target agreed in the Paris Climate Agreement. Study author Katherine Richardson points out: “We find that the Earth has never had a near-stable state in its history that is about 2°C warmer than pre-industrial, and we suggest that there is a significant risk that the system itself will want to continue warming because of all these other processes – even if we stop emissions.

Mar 20 2022

Pa Pressure Formula

Average PA pressure (mPAP) mPAP = pulmonary insufficiency gradient (M) Normal values: rest up to 25 mmHg, during exercise up to 30 mmHg. Diastolic pressure PA (dPAP) sPAP = pulmonary regurgitation gradient (D) + RAP Massive reflexive vasoconstriction of the pulmonary arteries is formed to prevent hydrostatic capillary pressure from reaching dangerous limits. Experimental left adrenal hypertension (LA) was performed using a balloon catheter that closes the mitral valve. Higher inflation was followed by higher pressures on the AL and, as a result, higher pressures on the PA. The mechanisms of this reactive vasoconstriction remain uncertain, but can be at least partially combated by nitric oxide (NO) [Hermo-Weiler C et al. 1998]. Chronic changes in the pulmonary vascular bed due to persistent passive pulmonary hypertension under pressure lead to remodeling of pulmonary vessels. A similar image can be seen in PAH and CTEPH. A classic example is mitral valve disease (stenosis and/or regurgitation) [Straub H. On the dynamics of valve defects of the left heart.

Deutsches Archiv für klinische Medizin 1917]. Currently, the most common cause of persistent pulmonary hypertension is diastolic dysfunction of LV [William P. Thompson & Paul D. White 1936]. To quantify pulmonary hypertension with echocardiography, it is necessary to measure the maximum rate of tricuspid insufficiency with CW-Doppler. Thus, lung pressures can only be obtained in the presence of a measurable TR signal. Fortunately, some degree of tricuspid insufficiency is often observed, and even more so in patients with straight heart diseases such as pulmonary hypertension. Tricuspid insufficiency occurs in about 80% of patients with systolic lung pressure greater than >35 mmHg.

However, the degree of TR is not closely related to pulmonary hypertension. You will encounter patients with severe pulmonary hypertension and low or no tricuspid insufficiency. Pulmonary hypertension is a pathological hemodynamic disease defined as an increase in mean pulmonary arterial pressure ≥ 25 mmHg at rest and is assessed using a reference examination using right cardiac catheterization. Pulmonary hypertension can be a complication of heart or lung disease or a primary disorder of the small pulmonary arteries. Increased lung pressure (PAP) is associated with increased mortality, regardless of etiology. The gold standard for diagnosis is invasive right cardiac catheterization, but this comes with its own inherent risks. Over the past 30 years, immense technological improvements in echocardiography have increased its sensitivity to the quantification of pulmonary arterial pressure (PAP) and are now recognized as a safe and readily available alternative to right cardiac catheterization. In the future, scores that combine different echo techniques could approach the gold standard for sensitivity and accuracy, reducing the need for repeated invasive assessments in these patients.

Mean and terminal diastolic pressures in the pulmonary artery are assessed directly by measuring the maximum and terminal diastolic velocities of the pulmonary regurgitating jet (RA), and fluctuations in pulmonary pressure can also be caused by breathing. The most recent definition of pulmonary hypertension from May 2020 now defines >20 mmHg (instead of >25 mmHg) as pulmonary hypertension. 25 mmHg was more or less arbitrary from the 1st. 1973 World Symposium on Pulmonary Hypertension. Recent data in normal subjects show that the average pulmonary arterial pressure is 14.0±3.3 mmHg. Lung pressure is related to age and weight. Systolic pulmonary pressure (sPAP) greater than >40 mmHg is observed in 6% of people over 50 years of age and in 5% of those with a body mass index of 30. Therefore, the threshold for further assessment of pulmonary hypertension should be low, especially in young patients. Bourlag et al. and Nagel et al. showed that pulmonary arterial pressure in patients with latent PHT increases significantly compared to healthy volunteers during exercise [34], [35].

This increase occurs early in stressful exercise, so it is measurable. Tr Vmax measured PASP of > 45 mmHg or an increase of > 20 mmHg during low-intensity exercise (with cardiac output not exceeding 10 l/min) is a diagnosis of latent PHT with moderate sensitivity and specificity [35], [36]. However, this threshold should not be applied to athletes and the elderly who can reach a PASP of 55-60 mmHg during training [3]. A PR signal is received as above. The final PR speed is measured and averaged in several (non-continuous) traces. The diastolic pressure of the pulmonary artery (PADP) is calculated from the following equation: 4 (final speed PR) 2 + RAP. The average pulmonary arterial pressure can be calculated from systolic (by TRmax method) and diastolic (by the PR maximum speed method) pulmonary arterial pressures: this gives you the systolic gradient between the right ventricle and the right atrium. To calculate the right ventricular pressure, you then need to add the pressure in the right atrium. In the 4-chamber apical view, TDI is used on the wall without VR and a 3-5 mm pulse wave Doppler is obtained about 1 cm from the tricuspidal ring. Subsequently, the isolemic contraction time (IVCT), isolemic relaxation time (IVRT) and ejection time (ET) of the VR are measured (Fig. 8). Alternatively, these measurements could be obtained from CW-Doppler via the RV/TR input jet.

The Tei index is measured according to the formula tei index (RV) = IVRT + IVCT/ET. Right ear pressure cannot be measured directly by echocardiography. However, right ear pressure can be estimated by various means. The most commonly used method is to examine the inferior vena cava from a subcostal perspective (see also Chapter 2, How to Image). With the increase in pressure from the right atrium, the inferior vena cava expands. In addition, there will be less or no breakdown during inspiration. Talreja et al. showed that the increase in mitral E/E′ during exercise is increased as another non-invasive measure of increased left atrial pressure and thus pulmonary capillary pressure (PCWP) [37]. An E/E value of > 15 during exercise predicted an increase in PCWP measured by catheter. Ha et al.

have also shown that stress medium E/E′ is a reliable measure for predicting indolent PHT due to left heart disease in patients with lung pressure at normal rest [38]. Other methods are not validated to assess lung pressure during exercise. Pulmonary regurgitation method for measuring mean and diastolic pulmonary arterial pressure. To derive the pulmonary pressure from the TR signal, the modified Bernoulli equation must be used: the mean pulmonary arterial pressure (PAPm) can also be calculated from the acceleration time of the RVOT TIV. The Continuous Wave Doppler (CW) of the Tricuspid Deficiency (TR) track is used to measure the pressure difference between the right ventricle and the right atrium. The simplified Bernoulli equation (P = 4[TRmax]2) is used to calculate this pressure difference using the maximum TR speed. This method is well correlated with PASP in right cardiac catheterization [6], [7]. . .

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Mar 20 2022

Oracle Universal Permissive License Agreement

Many languages have developed ecosystems of related tools that help create artifacts for distribution. While these tools are not always provided under an otherwise compatible license, we have approved the inclusion of certain tools in Apache distributions when used for this specific purpose. The following license applies to all parts of this software except as shown below: Many proprietary or open source software companies sell the copy of the software with a license to use. There is no transfer of ownership of the goods to the user who does not have the guarantee of the lifetime availability of the software, nor the right to sell, rent, give to anyone, copy or redistribute on the Web. The license terms may establish other legal terms that users cannot negotiate individually or through a consumer organization and that can clearly accept or reject the product by returning the product to the seller. [7] This right can be effectively exercised if the court provides for a mandatory period for the rejection of the goods immediately after purchase (as in European Union law) or the mandatory public publication of the terms of the license in order to make them readable by users before purchase. Free and open source licenses are generally divided into two categories: those whose purpose is to have minimum requirements on how the software can be redistributed (permissive licenses) and identical protective licenses (copyleft licenses). You may choose one of the two licenses that govern your use of this software only if you accept all the terms of the Apache license or the GPL license. Most distributed software can be classified by license type (see table). Developing Perl bindings that bind compiled C code to create dynamically loaded XS modules requires the inclusion of Perl-licensed header files (dev.perl.org/licenses/ – GPL-any/Artistic1, with exceptions). Since many proprietary “licenses” list only the rights that the user already has under 17 U.S.C. § 117, and yet announce that the rights will be taken away from the user, these contracts cannot be considered.

Proprietary software licenses often give software manufacturers more control over how their software is used by retaining ownership of each copy of the software with the software publisher. In this way, Section 117 does not apply to the end user, and the software provider can then require the end user to accept all the terms of the license agreement, many of which may be more restrictive than copyright alone. The form of the relationship determines whether it is a lease or a purchase. B e.g. UMG v. Augusto[8] or Vernor v. Doug Lea the competing library is in the public domain, but contains some Sun files that are not in the public domain. You can include this library in ASF products, similar to the resources in the weak Copyleft list above. “It can be contained in binary form in an Apache product if the inclusion is labeled accordingly.” If you`re using the source, delete the files that Sun licensed to Doug and treat them as Category A files (or get the files from Harmony). It doesn`t matter, unless the terms of this platform affect the license of the Apache product. For example, creating a product that runs on Windows or Java, uses a web service like Google Services or Yahoo Search, or is a plugin for a product like JBoss or JIRA is fine, while building a Linux kernel module is not acceptable because the Apache product itself should be licensed other than the Apache license.

Version 2.0. This license is subject to the following condition: In the United States, Section 117 of the Copyright Act gives the owner of a particular copy of the software the express right to use the software with a computer, even if using the software with a computer requires minor copies or adaptations (actions that could otherwise constitute copyright infringement). Therefore, the owner of a copy of the computer software is legally authorized to use that copy of the software. Therefore, if the end user of the software is the owner of the respective copy, the end user can legally use the software without a license from the software publisher. You can use material under the following licenses, as described above: Many of these licenses have specific attribution requirements that the project must meet, often by adding them to the NOTICE file. Be sure to do this when you include these works. This policy provides guidance on licensing Apache Software Foundation projects. It identifies acceptable licenses to include third-party open source components in Apache Software Foundation products. You can include software in binary form in an Apache product under the following licenses if you mark the inclusion accordingly (see above): It has been discussed for some time whether public domain software and public domain type licenses can be considered some kind of FOSS license.

Around 2004, attorney Lawrence Rosen argued in the essay “Why the Public Domain Is Not a License” that software could not really be published in the public domain and therefore could not be interpreted as a very permissive FOSS license,[26] a position rejected by Daniel J. Amber and others. [27] In 2012, the dispute was finally settled when Rosen accepted CC0 as an open source license while admitting that, contrary to his earlier claims, copyright can be waived, supported by decisions of the Ninth Circle. [28] Any person receiving a copy of this Software and related documentation files (the “Software”) is hereby granted permission, free of charge, to negotiate the Software without restriction, including, but not limited to, the rights to use, copy, modify, merge, publish, distribute, sublicense and/or sell copies of the Software and persons, to whom the Software is made available to enable this to happen. Under the following conditions: In addition to granting rights and restrictions on the use of copyrighted software, software licenses generally contain provisions that allocate responsibility among the parties entering into the license agreement. For transactions with commercial companies and software, these terms often include limitations of liability, warranties and disclaimers of warranties, as well as indemnities if the software infringes the intellectual property rights of individuals. All licensed Category B works can be included in purely binary form in Apache Software Foundation comfort binaries. Do not include licensed Category B works in the source versions. Many manufacturers offer special conditions for schools and authorities (EDU/GOV license). Migration from another product (Crossgrade), also from another manufacturer (competitive upgrade) is offered. [21] Apache projects cannot license Category X components in source or binary form. in asf source code or in commodity binaries.

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