Legal certainty Sample Clauses

Legal certainty. The decisions and resolutions adopted in accordance with this law have the effect of material res judicata as grounds for legal certainty. They shall be immutable, as a necessary element for achieving a stable and lasting peace. They may only be revised by the Tribunal for Peace.
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Legal certainty. This section outlines the specific consent that the First Nation is giving, it will describe in detail the nature of the project, what land and resources are impacted, what environmental and regulatory approvals is the First Nation concurring with and the duration of such consent. This section would also address any limitations that the First Nation is agreeing to regarding their aboriginal rights and title, such as agreeing not to seek further accommodation of those rights regarding the project, as described. IMPLEMENTATION It is critical that a clear implementation plan be set out within the agreement. This may involve an implementation committee that has joint representation. For example the agreement could contain the following provisions:
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Legal certainty. This information is intended to serve as a guideline for museums. As noted, Oklahoma law does not provide certainty with respect to some of the matters described, and museums should consult with their own legal counsel for advice and direction, as necessary appropriate.
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Legal certainty. It is difficult to provide legal certainty in a system which is directed by economics because the focus must be on how every individual agreement is likely to affect the market. To obtain legal certainty, a simplification of the hard individual assessment must be found which stands close to economic reality but which is both easy to apply and efficient. By simplification undertakings feel at ease in complying with the competition rules by adhering to predictable per-se rules. Without efficiency the system becomes paralysed and unable to provide legal certainty, as the old European one. The new Block Exemption is favourable for legal certainty in many aspects. Firstly, it contains fewer clauses to comply with to obtain the exemption. Thus it should be easier to apply for business. Secondly, it is considerablly wider in scope than the old Block Exemptions which allows a greater number of agreements to benefit from the legal certainty that the Block Exemption provides. The wide Block Exemption in combination with the abolishment of compulsory notification also brings down notification to the effect of enhanced efficiency and legal certainty. Another aspect which is important for efficiency is that the Commission grants individual exemptions without delay when an agreement is challenged in national court. Otherwise, the incentive to use the competition procedure for reasons other than competition concerns, for example to delay agreements, will remain. Moreover, undertakings will not regard ex-post exemption as an alternative, but will continue to overnotify their agreements in order to avoid challenge in national courts. To avoid these bad effects that threaten legal certainty, there should be a clear time limit within which the Commission must act when an agreement is challenged in national court. Presently, there is no such time limit. For the new system to provide legal certainty, it is essential that businesses feel secure in the assessment of their agreements both in terms of complying with the Block Exemption and in individual assessment. Without this certainty, undertakings might refrain from concluding agreements from fear of non-compliance with the competition rules, or continue to notify all agreements to the Commission which causes the new system to suffers from the same efficiency problems as the old one did. Unfortunately, the Block Exemption as well as the Guidelines have been criticised for being too complex and difficult to apply. To start with...
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Legal certainty. In order to attain the desired degree of legal certainty, the treaty shall contain a clause to the effect that the title and rights defined and confirmed in the treaty constitute the rights of the Innu of Mamuitun on the territory of Quebec that are referred to in section 35 of the Constitution Act of 1982 and that these rights shall be exercised within the exclusive terms and conditions and land area set out in the treaty.
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Related to Legal certainty

  • Drafting Note The below budget is provided to the Recipient as a guide with respect to the form of the Budget required by ARENA. Details to be updated as required for the Project, for example insert additional columns where there are additional Milestones or insert a new row under ‘Income’ where there is more than one Project Participant.] [Drafting note: Recipient and Other Contributions to be checked by ARENA against the original approval documents] All amounts in the table below are in AUD and GST exclusive.

  • Legal Representation The Parties agree that, notwithstanding the fact that EGS may have, prior to Closing, jointly represented the Purchaser, Merger Sub, the Purchaser Representative and/or the Sponsor in connection with this Agreement, the Ancillary Documents and the transactions contemplated hereby and thereby, and has also represented the Purchaser and/or its Affiliates in connection with matters other than the transaction that is the subject of this Agreement, EGS will be permitted in the future, after Closing, to represent the Sponsor, the Purchaser Representative or their respective Affiliates in connection with matters in which such Persons are adverse to the Purchaser or any of its Affiliates, including any disputes arising out of, or related to, this Agreement. The Company and the Seller Representative, who are or have the right to be represented by independent counsel in connection with the transactions contemplated by this Agreement, hereby agree, in advance, to waive (and to cause their Affiliates to waive) any actual or potential conflict of interest that may hereafter arise in connection with EGS’s future representation of one or more of the Sponsor, the Purchaser Representative or their respective Affiliates in which the interests of such Person are adverse to the interests of the Purchaser, the Company and/or the Seller Representative or any of their respective Affiliates, including any matters that arise out of this Agreement or that are substantially related to this Agreement or to any prior representation by EGS of the Purchaser, Merger Sub, any Sponsor, the Purchaser Representative or any of their respective Affiliates. The Parties acknowledge and agree that, for the purposes of the attorney-client privilege, the Sponsor and the Purchaser Representative shall be deemed the clients of EGS with respect to the negotiation, execution and performance of this Agreement and the Ancillary Documents. All such communications shall remain privileged after the Closing and the privilege and the expectation of client confidence relating thereto shall belong solely to the Sponsor and the Purchaser Representative, shall be controlled by the Sponsor and the Purchaser Representative and shall not pass to or be claimed by Purchaser or the Surviving Corporation; provided, further, that nothing contained herein shall be deemed to be a waiver by the Purchaser or any of its Affiliates (including, after the Effective Time, the Surviving Corporation and its Affiliates) of any applicable privileges or protections that can or may be asserted to prevent disclosure of any such communications to any third party.

  • Joint Drafting The parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the parties and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.

  • No Drafting Presumption The Parties acknowledge that their respective legal advisors have reviewed and participated in settling the terms of this Agreement and agree that any rule of construction to the effect that any ambiguity is to be resolved against the drafting Party shall not apply to the interpretation of this Agreement.

  • Drafting and Representation The parties have participated jointly in the negotiation and drafting of this Agreement. No provision of this Agreement will be interpreted for or against any party because that party or his or its legal representative drafted the provision.

  • Drafting Ambiguities The parties acknowledge that they have the right to be advised by legal counsel with respect to the negotiations, terms and conditions of this Contract, and the decision of whether to seek advice of legal counsel with respect to this Contract is the sole responsibility of each party. This Contract shall not be construed in favor of or against either party by reason of the extent to which each party participated in the drafting of the Contract.

  • Legal Representation of the Parties This Agreement was negotiated by the parties with the benefit of legal representation, and any rule of construction or interpretation otherwise requiring this Agreement to be construed or interpreted against any party shall not apply to any construction or interpretation hereof.

  • Drafting The parties hereto have participated jointly in the negotiation and drafting of this Agreement and, in the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as jointly drafted by the parties hereto and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any provision of this Agreement.

  • Mutual Drafting This Agreement is the joint product of the Subscriber and the Company and each provision hereof has been subject to the mutual consultation, negotiation and agreement of such parties and shall not be construed for or against any party hereto.

  • Resolution of Drafting Ambiguities Each Loan Party acknowledges and agrees that it was represented by counsel in connection with the execution and delivery of the Loan Documents to which it is a party, that it and its counsel reviewed and participated in the preparation and negotiation hereof and thereof and that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be employed in the interpretation hereof or thereof.

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