Knowledge of Assets and Obligations Sample Clauses

Knowledge of Assets and Obligations. Finally, after establishing unconscionability, and the absence of disclosure or waiver of disclosure, the party resisting enforcement must also prove that, before signing the agreement, she or he did not have, or reasonably could not have had, adequate knowledge of the property or financial obligations of the other party. Texas Family Code §4.006(a)(2)(C). Xxxxxx seems to impose a “due diligence” requirement on a spouse resisting enforcement of a marital agreement. The language of §4.006(a)(2)(C), to the effect that the party resisting enforcement reasonably could not have had adequate knowledge, support the notion of due diligence requirement under appropriate circumstances. Cf., Cabot Corp. x. Xxxxx, 754 S.W.2d 104, 106 (Tex. 1987) (of the three broad categories of covenants implied in all oil and gas leases, included within the covenant to manage and administer the lease is the duty to “reasonably” market the oil and gas produced from the premises; under the duty to “reasonably market,” the lessee is required to market the production with due diligence). The language of
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Related to Knowledge of Assets and Obligations

  • DISCLOSURE OF ASSETS Each Spouse warrants to the other that they do not have any knowledge of any assets other than those disclosed in accordance with Section VII. If the Spouses have waived their rights to financial disclosures, then this Section shall not apply to this Agreement. If either Spouse has any knowledge of any asset other than those disclosed in accordance with Section VII, that warrantor shall transfer or pay to the warrantee, at the warrantee’s election, one of the following:

  • No Undisclosed Liabilities The Company has no liabilities or obligations which are material, individually or in the aggregate, which are not disclosed in the Reports and Other Written Information, other than those incurred in the ordinary course of the Company's businesses since December 31, 2000 and which, individually or in the aggregate, would not reasonably be expected to have a material adverse effect on the Company's financial condition.

  • No Entities or Subsidiaries Except as set out on Schedule 4.4, the Local Church has no other corporate identity and/or no Subsidiaries.

  • Assignment or Sub-Contracting The terms, covenants, and conditions contained herein shall apply to and bind the heirs, successors, executors, administrators and assigns of the Parties. Furthermore, neither the performance of this Contract nor any portion thereof may be assigned or sub-contracted by Contractor without the express written consent of County. Any attempt by Contractor to assign or sub-contract the performance or any portion thereof of this Contract without the express written consent of County shall be invalid and shall constitute a breach of this Contract.

  • NO STRIKES AND LOCKOUTS 5.01 The Union agrees there will be no strikes and the Employer agrees there will be no lockouts during the term of this Agreement. The term "strike" and "lockout" shall bear the meaning given them in the Ontario Labour Relations Act.

  • Excluded Assets Notwithstanding the foregoing, the Purchased Assets shall not include the following assets (collectively, the “Excluded Assets”):

  • NO STRIKES - NO LOCKOUTS 13.01 In view of the orderly procedures established by this Agreement for the settling of disputes and the handling of grievances, the Union agrees that, during the life of this agreement, there will be no strike, picketing, slowdown or stoppage of work, either complete or partial, and the Corporation agrees that there will be no lockout.

  • NO STRIKES AND NO LOCKOUTS 5:01 The Employer undertakes that there will be no lockout as defined in the Labour Relations Act during the term of this Agreement. The Union undertakes that there will be no strike as defined in the Labour Relations Act during the term of this Agreement.

  • Undisclosed Liabilities The Company has no liabilities or obligations of any nature (whether fixed or unfixed, secured or unsecured, known or unknown and whether absolute, accrued, contingent, or otherwise) except for liabilities or obligations reflected or reserved against in the Company Financial Statements incurred in the ordinary course of business or such liabilities or obligations disclosed in Schedule 2.01(g).

  • Knowledge of Subject Matter The teacher demonstrates a depth and breadth of knowledge of theory and content in general education and subject matter specialization(s) at the elementary and/or secondary levels. The evaluation procedure assesses the teacher's knowledge of the subject(s) she/he is required to teach and will consider the:

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