The purpose of a "non-waiver" clause isto try to ensure that a party to the contract does not accidentally or informally waive its rights to bring proceedings and recover damages etc. under the contract in the event of a breach of the contract by ...
English Court of Appeal Finds Non-Waiver Clause No Defence to an Unlawful Termination of ContractSean Kelsey
Due to the higher compensation standards mentioned above and the notice period required for waiver, many German companies choose not to impose post-employment non-compete obligations. Non-compete agreements and their clauses must...
AGREEMENT RENEWAL This Agreement shall not bind nor purport to bind the AZDOHS for any contractual commitment in excess of the original Agreement period. Assignment Amendments Waiver and Contract Complete A. AUDIT. Non-Renewal of Agreement Executive may terminate Executive’s employment by providing a...
As specified inFAQ 42.45.3a clause should not be taken into account, when assessing the SPPI criterion, where the clause merely acknowledges the existence of legislation (that is, the clause does not create additional rights or obligations that would not have existed in the absence o...
The contract was not signed by a proper party The company merged and there was no assignment clause Doctrine of waiver Doctrine of estoppel In reviewing hundreds of non-compete contracts across a wide variety of industries, our firm has seen many with sloppy terms, overbroad language, and other...
(INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EVEN IF THIS PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In any event, TopOn shall be fully liable for any loss of the Partner or any third-party claimant under or in connection with this Agreement, whether in contract, tort (...
(nŏn-join′dər) n.Law 1.Failure to name as a party one that legally should have been named, as in a lawsuit. 2.Failure to include as part of a cause of action or suit a claim that legally should have been made. American Heritage® Dictionary of the English Language, Fifth ...
Applicability; Exclusions; Court and Jury Trial Waiver The parties agree that any and all covered disputes (as defined below) that either party has the legal right to sue for in court, whether now or in the future, shall be subject to final, confidential and binding arbitration under the arb...
2.1 Consent and Waiver Parties can consent to jurisdiction via a forum-selection clause in a contract. Such clauses provide that the parties agree to submit to the jurisdiction of a particular court if a dispute arises o...