Freedom of Contract. The parties agree that during the negotiations which culminated in this Agreement, each party enjoyed and exercised without restraint, coercion, intimidation or other limitation, the right and opportunity to make demands and proposals or counter proposals with respect to any matter within the scope of representation, and that the understandings and agreements derived after the exercise of the right and opportunity are set forth herein.
Freedom of Contract. Employee represents and warrants to the Company that Employee is free to enter into this Agreement as contemplated hereby and that Employee has no prior or other obligations or commitments of any kin to any other person, corporation, partnership, association, or business organization which would in any way hinder or interfere with Employee's obligations hereunder or the exercise of Employee's best efforts hereunder, including, without limitation, no non-competitive or confidentiality restrictions. Employee further covenants and agrees to indemnify and hold harmless the Company, the Company's Affiliates, shareholders, directors, officers and employees (and their respective heirs, representatives, successors and assigns) from and against and in respect of any loss, costs, damage or expense (including attorney's fees arising out of or resulting from the breach of the foregoing representation.
Freedom of Contract. Each Party represents t at they are freely and legally entering into this Agreement and will hereby abide by i s terms and conditions.
Freedom of Contract. There is no uniform commercial code in Scotland or the UK. Under Scots common law, parties generally have freedom to agree the terms of their agency or distribution contracts. However, this freedom of contract is subject to the restrictions imposed by legislation, including competition rules, and public policy. Exceptions: The Commercial Agents (Council Directive) Regulations 1993 (“the Regulations”) apply to commercial agents in the UK who sell or buy goods on behalf of the principal. They apply to any commercial agent – whether an individual, partnership or a company – and to all such agency contracts, even if they predate the Regulations. The Regulations do not apply to a distribution contract or to an agency for the supply of services. It is important to note that the Regulations introduced rights of agents to compensation or indemnity on termination of the agency contract. These are payable to the agents regardless of whether the principal is in breach of contract or not and even if the agent has no right to damages at common law in respect of the termination. The Regulations provide for both alternatives – compensation and indemnity – but stipulate that, in the absence of agreement between the parties on this point, the agent would be entitled to compensation and not indemnity. While the indemnity alternative is capped at a sum of one year’s commission based on the agent’s average annual remuneration over the preceding five years (or the period of the agreement, if shorter), no maximum amount is specified for the compensation alternative. Courts have recently clarified that the measure of compensation is the value of the agency at the time it was terminated, calculated by reference to what a hypothetical purchaser would have paid for it. The Unfair Contract Terms Act 1977 applies to contractual clauses which seek to exclude or limit liability. For example, any exclusion or limitation of liability for death or personal injury caused by negligence is unlawful. For negligence giving rise to other types of loss, any exclusion or limitation of liability is enforceable only to the extent that it is considered reasonable. A distribution contract will be subject to the Sale of Goods Act 1979, which contains provisions that would be implied into any such contract e.g. that the goods shall conform to their description, shall be reasonably fit for purpose and shall be of satisfactory quality. Under the Consumer Protection Act 1987, liability for the supply of d...
Freedom of Contract. The Monitoring Agency and/or its Affiliates shall be free to enter into other commercial transactions with the Company, including credit rating agency arrangement or other intermediary arrangement, provided the same is permitted under Applicable Laws. It is further clarified that each such arrangement will be considered mutually exclusive including the fee agreed for such services and other terms and conditions of such service/ arrangement, except as otherwise expressly set forth herein.
Freedom of Contract. According to the general rule of Polish civil law, expressed directly in Article 353¹ of the CC, the parties to an agreement are free to agree the terms and conditions of that agreement as long as the provisions of the agreement and the common objectives of the parties are not contrary to law. Therefore, the parties to a contract may arrange the legal relationship as they deem appropriate on the condition that neither the content nor purpose of the contract are contrary to the nature of the relationship, to statutory law or with the principles of community life.
Freedom of Contract. Freedom of contract is a part of personal liberty, protected by the Constitution, to formulate and enter into contracts
Freedom of Contract. The Contract Act being a British Indian law is heavily influenced by the common law principles and favors fair and just transactions between individuals. Under Indian law, freedom of contract is a judicial concept which holds that contracts are based on mutual agreement and free choice. Therefore, contracts are not to be hampered by external control such as governmental interference or third parties. The doctrine is based on the presumption that individuals are free and equal. The apex court in a decision stated that “If a clause in a contract is found unreasonable or unfair, one must look at the relative bargaining power of the parties”. This shows that the Indian courts are keen on protecting the freedom of the parties in terms of their equality. The courts have used phrases like “So unconscionable so as to shock the conscience of the Court” in order to justify any interference. For agency and distribution contract to be legally binding and enforceable in India subject to fulfilment of the above criteria’s, parties have complete freedom to agree to such terms as they deem fit in their contracts and the law does not lay down any specific terms to be inserted in the contracts.
Freedom of Contract. The parties declare that they each have the right, power and authority and have taken all action necessary to execute and deliver and to exercise their rights and perform their obligations under this agreement.
