Reasonableness and fairness Sample Clauses

Reasonableness and fairness. Introduction It is therefore sensible, when dealing with ongoing negotiations and negotiations still to be initiated in relation to contracts, to consider the known and (insofar as possible) unknown consequences of the corona virus. However, it is not inconceivable that this has not, or not sufficiently, been done in existing contracts. Who would have ever anticipated a crisis of this magnitude, let alone incorporated provisions for it in their contractual relations? What about ongoing contracts and the consequences of the corona virus? Firstly: reasonableness and fairness Dutch law of obligations (which includes contract law) is governed by the principle of reasonableness and fairness (articles 6:2 and 6:248 Civil Code). The effect of the principle of reasonableness and fairness cannot be excluded. Contracting parties stand opposite each other in a legal relationship governed by good faith. True, the agreements made between them and the legal obligations are applicable, however, it does not stop there. The principle of reasonableness and fairness has a restrictive and an additional effect (article 6:248 paragraph 3 A.S. Xxxxxxxx and C.H. Sieburgh in Asser 6-III 2014/197.
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Related to Reasonableness and fairness

  • Reasonableness In the event that the provisions of this Section 10 shall ever be deemed to exceed the time, scope or geographic limitations permitted by applicable laws, then such provisions shall be reformed to the maximum time, scope or geographic limitations, as the case may be, permitted by applicable laws.

  • Reasonableness of Price The Contractor demonstrated that all the New York maximum not to exceed rates are reasonable. In accordance with Appendix B, section 17, Pricing, Contractor shall notify OGS when it provides pricing for its consulting services upon the same or similar terms and conditions as that of this Contract at a lower price to a federal, state or local governmental entity.

  • Fairness In deciding to approve the mergers on , 1999, our board of directors decided that the mergers are advisable, fair to you, and in your best interests based on a variety of factors. These factors include: - the form and amount of consideration offered to the partners; - the comparison of the cash payments in the mergers to the diminished future cash distributions otherwise expected as oil and gas production continues to decline; - the elimination after the mergers of limited partners' tax preparation costs relating to partnership tax information; - that Pioneer is offering a competitive price because of: -- the commodity pricing used in determining the merger values;

  • Reasonableness of Restrictions 7.1 I agree that I have read this entire Agreement and understand it. I agree that this Agreement does not prevent me from earning a living or pursuing my career. I agree that the restrictions contained in this Agreement are reasonable, proper, and necessitated by Company’s legitimate business interests. I represent and agree that I am entering into this Agreement freely and with knowledge of its contents with the intent to be bound by the Agreement and the restrictions contained in it.

  • Procedural Fairness Investigation of an allegation, complaint or rumour that could lead to Expulsion, Removal or Withdrawal of the Pupil in any of the circumstances explained below shall be carried out in a fair and unbiased manner. If a disciplinary meeting with the Headmaster is required before a decision is taken, the School will make reasonable efforts to notify the Parents or education guardian so that they can attend. In the absence of the Parents or education guardian, the Pupil will be assisted by an adult (usually a teacher) of his / her choice.

  • Scope of Practice The scope of practice of the Nurse Practitioner is determined by the context in which: The Nurse Practitioner is authorised to practice. The Nurse Practitioner therefore remains accountable for the practice for which they directed; and the professional efficacy whereby practice is structured in a nursing model and enhanced by autonomy and accountability. The Nurse Practitioner is authorised to directly refer clients/residents to other health professionals, prescribe medications and order diagnostic investigations including pathology and plain screen x-rays. Nurse Practitioners exhibit clinical leadership that influences and progresses clinical care, policy and collaboration through all levels of health service. Schedule B – Aged Care Classifications Progression from Aged Care Level One Employees who are new to the industry and/or have less than three months work experience in the industry may be classified at this level. This level is designed solely as an entry level. An employee at Aged Care Level One will only be eligible for progression to Aged Care Level Two if, the employee:

  • Principles of Interpretation The following principles of interpretation apply to this Settlement Agreement:

  • Standard of Interpretation The parties agree that, unless the constitutional implications inherent in plea agreements require otherwise, this plea agreement should be interpreted according to general contract principles and the words employed are to be given their normal and ordinary meanings. The parties further agree that, in interpreting this agreement, any drafting errors or ambiguities are not to be automatically construed against either party, whether or not that party was involved in drafting or modifying this agreement. XXXX XXXXXXXX United States Attorney Dated: 6/25/2010 /S/ XXXXXXX X. XXXXXXXX XXXXXXX X. XXXXXXXX Assistant United States Attorney Dated: 6/25/2010 /S/ XXXXXX X. XXXXXXXXXXX XXXXXX X. XXXXXXXXXXX Assistant United States Attorney Dated: 6/25/2010 /S/ XXXX X. XXXXX XXXX X. XXXXX BY APG Trial Attorney, Counterterrorism Section National Security Division, U.S. Dept. of Justice DEFENDANT INITIALS: MH I have consulted with my attorneys and fully understand all of my rights with respect to the offenses charged in the Indictment. Further, I have consulted with my attorneys and fully understand my rights with respect to the provisions of the Sentencing Guidelines. I have read this plea agreement and carefully reviewed every part of it with my attorneys. I understand this plea agreement and I voluntarily agree to it. Dated: 6/25/2010 /S/ MUBARAK XXXXX XXXXXXX XXXXX Defendant We are Defendant XXXXXXX XXXXX’x attorneys. We have fully explained to him his rights with respect to the offenses charged in the Second Superseding Indictment. Further, we have reviewed with him the provisions of the Sentencing Guidelines which might apply in this case. We have carefully reviewed every part of this plea agreement with him. To our knowledge, XXXXXXX HAMED’s decision to enter into this plea agreement is an informed and voluntary one. Dated: 6/25/2010 /S/ XXXXXX X. XXXXX XXXXXX X. XXXXX Attorney for Defendant Dated: 6/25/2010 /S/ XXXXXXX X. XXXXX XXXXXXX X. XXXXX Attorney for Defendant DEFENDANT INITIALS: MH

  • THE COURT’S FAIRNESS HEARING The Court will hold a hearing to decide whether to approve the Settlement. You may attend and you may ask to speak, but you don’t have to.

  • Certain Rules of Interpretation In this Agreement:

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