Averments Clause Samples

The Averments clause sets out the formal statements or assertions of fact made by a party within a legal document, typically a pleading. These statements are presented as the factual basis for the party's claims or defenses and must be clear and specific enough to inform the opposing party of the case they must answer. By requiring parties to clearly state their factual positions, the Averments clause ensures that legal proceedings are based on well-defined issues, promoting fairness and efficiency in resolving disputes.
Averments. In a prosecution for an offence against this Act, an averment in the complaint that: (a) the place where the offence is alleged to have occurred was, or was in, a designated area or the mineral lease; (b) a place was a controlled access point for a specified purpose; or (c) a person was at a material time a security officer, is to be taken to have been proved in the absence of proof to the contrary. (1) On finding a person guilty of an offence committed within a designated area or the mineral lease and involving the stealing, receiving or possession of uncut diamonds, a court must order the uncut diamonds to be delivered to the Company. (2) Subsection (1) applies: (a) to an offence under this or any other Act; and (b) notwithstanding any other law or Act.
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Averments. Return of uncut diamonds 14. Protection of security officers and police 15. Regulations E it enacted by the Legislative Assembly of the Northern Territory of Australia, with the assent as provided by the ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ (▇▇▇▇-▇▇▇▇▇▇▇▇▇▇) ▇▇▇ ▇▇▇▇ of the Commonwealth, as follows:
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Averments. In a prosecution for an offence against this Act, an averment in the complaint that — (a) the place where the offence is alleged to have occurred was, or was in, a designated area or the mineral lease; (b) a place was a controlled access point for a specified purpose; or (c) a person was at a material time a security officer, is to be taken to have been proved in the absence of proof to the contrary.
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Averments. In a prosecution for an offence against this Act, an averrnent in the complaint that (a) the place where the offence is alleged to have occurred was, or was in, a designated area or the mineral lease; (b) a place was a controlled access point for a specified purpose; or (c) a person was at a material time a security officer, is to be taken to have been proved in the absence of proof to the contrary.
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Related to Averments

  • Improvements The buildings, structures, fixtures, additions, enlargements, extensions, modifications, repairs, replacements and improvements now or hereafter erected or located on the Land (collectively, the “Improvements”);

  • Replacements if any Temporary Global Note, Permanent Global Note, Definitive Note or Coupon is presented or surrendered for payment to any Paying Agent and such Paying Agent has delivered a replacement therefor or has been notified that the same has been replaced, such Paying Agent shall forthwith notify the Issuer of such presentation or surrender and shall not make payment against the same until it is so instructed by the Issuer and has received the amount to be so paid;

  • Foundations nor shall the Contractor be responsible for correction of leaks resulting from said failure.

  • Interior The insurance covers personal property normally contained in the vehicle and belonging to the owner of the vehicle or a member of his or her household. The insurance covers loss of, and damage to, the property if the damage occurs in connection with: - a compensable fire, theft, or vehicle damage - a sudden and unforeseen external event - theft by the renter - damage in connection with a traffic accident. The insurance does not apply to: - theft-prone property - cash and valuables - property belonging to the renter. - Personal movables must be kept locked in the vehicle. If the requirements are not met, the compensation may be reduced, or the deductible increased. See section

  • Repairs The Tenant shall, at its sole expense, make all necessary repairs to the leased premises, including but not limited to the boiler, heating system, plumbing system, electrical system, sewage system and other utility systems and equipment, windows, window glass, fixtures, and all appliances, and their appurtenances, and all equipment used in connection with the leased premises, except for repairs to the roof, structural walls and parking lot. Repairs to the roof, structural walls and parking lot shall be the responsibility of the Tenant, only in the event that the roof, structural walls or parking lot is damaged as a result of the Tenant's operations or negligence. Such repairs, ordinary as well as extraordinary, shall be made promptly as and when necessary. All repairs shall be in quality and class at least equal to the original work. Repairs, alterations and improvements shall be done using workmanlike standards. All work shall be performed in compliance with all applicable laws, ordinances, codes, rules and regulations. The Tenant shall be responsible for maintaining the painting and decoration of the interior of the leased premises. On default of the Tenant in making such repairs the Landlord may, but shall not be required to make such repairs and replacements, for the Tenant's account, and the expense thereof, together with 1 1/2% interest per month thereon shall constitute and be collectable as additional rent. Landlord shall provide Tenant with written notice of default and a twenty (20) day period to cure prior to Landlord undertaking said repairs. The Landlord represents that the condition of the mechanical systems in the premises are in good working order and will be maintained by the Landlord at the Landlord's sole expense for the first year of this Lease. Thereafter, all repairs will be the sole responsibility of the Tenant. However, replacements of the heating, ventilation or air conditioning systems will be prorated between the Landlord and the Tenant as follows: The Tenant shall pay that proportion of the replacement equal to the number of years it has been a tenant at the premises divided by the age of the failed mechanical system. For example if the heater needs to be replaced after four years following the commencement of the Tenant's tenancy hereunder and the heater was 16 years old at that time, the Tenant will pay twenty-five (25%) percent (4 divided by 16) of the heater replacement.