Negotiation of the Agreement Sample Clauses

Negotiation of the Agreement. The Parties have participated jointly in the negotiation and drafting of this Agreement. In the event that 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 provisions of this Agreement.
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Negotiation of the Agreement. The Consortium Members have participated jointly in the negotiation and drafting of this Agreement. In the event that an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Consortium Members and no presumption or burden of proof shall arise favoring or disfavoring any Consortium Member by virtue of the authorship of any provisions of this Agreement.
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Negotiation of the Agreement. This Agreement was fully reviewed and negotiated on behalf of each party by legal counsel representing their interests and shall not be construed against the interests of either party as the drafter of this Agreement.
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Negotiation of the Agreement. This Agreement is the product of arms length negotiations and contains all the terms and conditions agreed upon by the Parties regarding the subject matter of this Agreement. This Agreement shall be deemed jointly negotiated and drafted and no single party shall be deemed to be the sole drafter of this Agreement.
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Negotiation of the Agreement. Xxxx’x and Xxxxxxxxx’x stories are just a glimpse of the travails of hundreds of Cuban defectors who have experienced some form of smuggling or another. As MLB began negotiating with the FCB to establish a working mechanism to preserve the humanitarian concerns, it did so against the backdrop of the CACR regulations and certain amendments to transactions made in 2016. Specifically, Section 515.571(a)(5)(i) of the CACR was amended to authorize the receipt of salary or other compensation by a Cuban national provided that the national of Cuba is not subject to any special tax assessments by the Cuban government in connection with the receipt of the salary or compensation. Thus, even though a Cuban national could be paid by a U.S. company, including an MLB club, there nevertheless could not be any payment of such salary or compensation, directly or indirectly, to the Cuban government. That caveat was intended to ensure that no funds reach the Cuban regime. While this regulation may have helped xxxxx in better relations with Cuban nationals, it did not remove the barriers entirely. Cuban nationals, including baseball players, would still have to obtain a passport from the Cuban government before going to the United States. The Cuban government, while acknowledging reforms directed at a more open relationship and freedoms to work abroad, still required that those nationals who did work outside the country pay a certain percentage of their income to the Cuban government, or they would receive no passport. That remuneration back to the Cuban government violates the CACR. In February 2015, MLB announced to all 30 MLB Clubs that Cubans would be considered free agents as long as a player signed an affidavit attesting that he is, or has established residency, in another country and will not, or cannot, return to Cuba. Thus, Cuban players no longer needed the previous “unblocking license” issued by OFAC, so long as the player cut off all ties (money, family, residency, etc.) with Cuba. While such efforts and attestation of a Cuban player were to be in keeping with the CACR, it nonetheless did not cure the sordid exploitative actions of smugglers to get Cuban players to defect and establish residency elsewhere.7 While MLB sought to achieve regulatory compliance with the CACR, it did not alleviate the rampant smuggling activities utilized to get players out of Cuba to another country. This mechanism likewise fostered sham affidavits. So, in 2016 MLB obtained a license fr...
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Negotiation of the Agreement. The ratification of the agreement concludes a lengthy process that began formally and in xxxxxxx in 2003 where EASA, supporting the European Commission from a technical point of view, played an instrumental role. The Commission requested on 24 November 2003 the authorisation from the Council of the EU to conduct negotiations with the US on the reciprocal acceptance of certification findings in the field of civil aviation safety and environmental compatibility. The Council of the EU granted the authorisation on 9 March 2004 and instructed the European Commission to carry out these negotiations in accordance with a set of negotiating directives and appointed a special committee to assist it in this task. Moreover, EASA, acting within its role of technical agent assisted the European Commission whenever necessary during the negotiation process of the Agreement. Since the granting of the authorisation to negotiate, besides numerous technical meetings, the two negotiating teams met in Washington and Brussels 9 times. The Special Committee established by the Council on the occasion of the authorisation granted to the Commission met 3 times to review the text.
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Negotiation of the Agreement. The parties will discuss and agree the most effective process for negotiating the Agreement, on the understanding that such process will (i) appropriately involve, and consider the mutual expectations at, the relevant business, legal and technical levels, (ii) provide for sufficient time for management consid- eration and corporate approvals at each step, and (iii) establish effective communication channels allowing for mutual access to the relevant decision making levels, where relevant. The Task Force on T2S Contractual Issues (TCI) will have the task to facili- xxxx the drafting of the Agreement. The TCI may escalate any unresolved items, for guidance, to a higher level forum to be agreed between the parties.
Sample 1
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Negotiation of the Agreement. The Scope of Services stated in this Request for Proposal serves as the basis for beginning negotiations concerning the eventual form of the contractually agreed scope. The selected Consultant agrees to negotiate in good-faith to develop a scope of tasks and a fee sufficient to produce an effective public relations system for the COB PWD.
Sample 1

Related to Negotiation of the Agreement

  • Execution of the Agreement The Company, the party executing this Agreement on behalf of the Company, and the Consultant, have the requisite corporate power and authority to enter into and carry out the terms and conditions of this Agreement, as well as all transactions contemplated hereunder. All corporate proceedings have been taken and all corporate authorizations and approvals have been secured which are necessary to authorize the execution, delivery and performance by the Company and the Consultant of this Agreement. This Agreement has been duly and validly executed and delivered by the Company and the Consultant and constitutes a valid and binding obligation, enforceable in accordance with the respective terms herein. Upon delivery of this Agreement, this Agreement, and the other agreements and exhibits referred to herein, will constitute the valid and binding obligations of Company, and will be enforceable in accordance with their respective terms. Delivery may take place via facsimile transmission.

  • Duration of the Agreement This Agreement shall come into effect on the day and year stated in Box 4 and shall continue until the date stated in Box 17. Thereafter it shall continue until terminated by either party giving to the other notice in writing, in which event the Agreement shall terminate upon the expiration of a period of two months from the date upon which such notice was given.

  • Termination of the Agreement In the event of failure by the participant to perform any of the obligations arising from the agreement, and regardless of the consequences provided for under the applicable law, the institution is legally entitled to terminate or cancel the agreement without any further legal formality where no action is taken by the participant within one month of receiving notification by registered letter. If the participant terminates the agreement before its agreement ends or if he/she fails to follow the agreement in accordance with the rules, he/she shall have to refund the amount of the grant already paid, except if agreed differently with the sending organisation. In case of termination by the participant due to "force majeure", i.e. an unforeseeable exceptional situation or event beyond the participant's control and not attributable to error or negligence on his/her part, the participant shall be entitled to receive at least the amount of the grant corresponding to the actual duration of the mobility period. Any remaining funds shall have to be refunded, except if agreed differently with the sending organisation.

  • Operation of the Agreement 4.1 This Agreement is comprehensive and provides the terms and conditions of employment of employees covered by this Agreement, other than terms and conditions applying under applicable legislation.

  • Construction of the Agreement The Agreement sets forth the entire understanding between two sophisticated business entities with legal counsel as to its subject and supersedes all prior agreements, conditions, warranties, representations, arrangements and communications, including purchase orders issued by Client, whether oral or written, and whether with or by Accenture, any of its affiliates, or any of their employees, officers, directors, agents or shareholders. Each party acknowledges that it entered into the Agreement solely based on the agreements and representations contained herein, and has not relied upon any representations, warranties, promises, or inducements of any kind, whether oral or written, and from any source. If a court of competent jurisdiction finds any term of the Agreement to be invalid, illegal or otherwise unenforceable, such term or provision will not affect the other terms of this Agreement and will be deemed modified to the extent necessary, in the court’s opinion, to render such term enforceable while preserving to the fullest extent permissible the intent and agreements of the parties set forth in this Agreement. No waiver or modification of any provision of the Agreement will be effective unless it is in writing and signed by the party against which it is sought to be enforced. The delay or failure by either party to exercise or enforce any of its rights under this Agreement is not a waiver of that party’s right to later enforce those rights, nor will any single or partial exercise of any such right preclude any other or further exercise of these rights or any other right. There are no third-party beneficiaries to the Agreement. In the event of a conflict between these GTC and an Order Form, the Order Form controls for purposes of that Order Form only.

  • Modification of the Agreement Notwithstanding any of the provisions of this Agreement, the parties may agree to amend this Agreement. No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto. No oral understanding or agreement not incorporated herein shall be binding on any of the parties hereto.

  • Application of the Agreement (1) This Agreement shall apply to investments made in the territory of either Contracting Party in accordance with its legislation by investors of the other Contracting Party prior as well as after the entry into force of this Agreement.

  • Implementation of the Agreement Regulations of this Agreement relating to investments who investors of one Contracting Party realized before or after the entry into force of this Agreement, with what shall apply from the moment of its entry into force, provided that such investments conducted in accordance with the laws of that Party Contracting.

  • Conclusion of the Agreement 1. All offers made by the Freight Forwarder are non-binding.

  • Ratification of the Agreement As amended by this Amendment, the Agreement is in all respects ratified and confirmed, and the Agreement, as so amended by this Amendment, shall be read, taken and construed as one and the same instrument.

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