Substantive Nature Sample Clauses

Substantive Nature. Choice-of-court agreements may be regarded as contractual terms, which are part of the contract.100 According to the common law perspective, a substantive nature is attributed to the choice-of-court agreements because they are analogous with the contract by which the parties are bound.101 This theory considers the choice-of-court agreements as substantive agreements constituting rights and obligations for the parties. The conception of substantive effects of the choice-of-court agreements falls back to the Eighteen Century and has been gradually developed in the UK.102 The common law system observes the jurisdictional rules in terms of 100 X. XXXXXX, Agreements on Jurisdiction and Choice of Law, op. cit., par. 3.09, X. XXXXXX, Jurisdiction and Arbitration Agreements and Their Enforcement, Xxxxx & Xxxxxxx, 2014, 3ed., par. 4.02, 4.07; X. XXXXXX, X. XXXX, Civil Jurisdiction and Judgements, Xxxxxx Xxxx, 2009, par. 2.113. This qualification can be also found in civil law countries. 101 See X. XXXXX, The Nature and Enforcement of Choice-of-court Agreements: A Comparative Study, op. cit., p. 79. 102 The first theory was developed in the context of the arbitration, the jurisdiction agreements were submitted within the meaning of the Common Law procedure Act 1854 and Arbitration Act 1889. X. XXXXXXXX, Contractual Stipulations Conferring Exclusive Jurisdiction upon Foreign Courts in the Law of England and Scotland, Law Quarterly Review, 59 (1943), p. 238: «Reviewing the English decisions we see that they started from the point that reference to a foreign Court came within the meaning of the C. L. P. Act of 1854 and now of section 4 of the Arbitration Act of 1889. And though the correctness of this starting point might be doubted, it turned out to be of great practical value, enabling the Courts by not having their jurisdiction ousted to exercise their discretion to stay proceedings or to refuse such a stay and if necessary to give relief and to dispose of any specific case according to its merits.». See also Law x. Xxxxxx [1878] L. R. 8 Ch. D. 26; Austrian Xxxxx Steamship Company v Xxxxxxx Life Assurance Society Limited [1903] 1 KB 249; Racecourse Betting Control Board v Secretary for Air [1943] Ch. 114 rights and duties of the parties.103 According to this perception, the jurisdiction agreement grants a right to the plaintiff, who is entitled to decide whether to exercise his right to sue a defendant in front of a designated forum; the defendant then must assume t...
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Related to Substantive Nature

  • Substantive Amendments 6.2.1 Amendments to any matters not identified under Section 6.1 shall be deemed substantive and may only be amended in accordance with the approval requirements of the Halifax Regional Municipality Charter.

  • Non-Substantive Amendments The following items are considered by both parties to be not substantive and may be amended by resolution of Council.

  • Principle of territoriality 1. The conditions for acquiring originating status set out in Articles 3.1 through 3.14 must be fulfilled without interruption in the territory of one or both of the Parties. 2. Notwithstanding paragraph 1, an originating good exported from a Party to a non-Party shall when returned be considered to be non-originating unless it can be demonstrated to the satisfaction of the customs authorities in accordance with laws and regulations of the importing Party concerned that the returning good: (a) is the same as that exported; and (b) has not undergone any operation beyond that necessary to preserve it in good condition while being exported. 3. Notwithstanding paragraphs 1 and 2, goods listed in Annex 3B shall be considered to be originating in accordance with Annex 3B, even if such goods have undergone operations and processes outside the territories of the Parties.

  • Audit Findings Vendor shall implement any required safeguards as identified by Citizens or by any audit of Vendor’s privacy and security controls.

  • Principles and Objectives 9.1.1 This Article recognizes and reflects the following principles:

  • Consolidation of Committees The parties to this Agreement and to the Agreement concerning drug and alcohol testing and EAP between TWU Local 250A and the SFMTA may elect to combine the joint labor- management committee established here and in the Local 250A Agreement.

  • Status of Consultant It is the intent of the parties that Consultant shall be considered an independent contractor and that Consultant, and anyone else for whom it is legally liable, shall not be considered employees, servants or agents of the City for any purpose. Furthermore, this Agreement shall not be construed to create a partnership or joint venture between the Consultant and the City. Neither Consultant nor any of its employees or contractors shall be eligible to participate in City’s industrial insurance, unemployment, disability, medical, dental, life or other insurance programs, or any other benefit or program that is sponsored, financed or provided by City for its employees. Consultant agrees that it shall be Consultant’s exclusive responsibility to pay all federal, state, or local payroll, social security, disability, industrial insurance, self-employment insurance, income and other taxes and assessments related to this Agreement. Neither FICA (Social Security), FUTA (Federal Employment), nor local, state or federal income taxes will be withheld from payments to Consultant. Consultant shall at Consultant’s expense pay and be fully liable and responsible for, and indemnity and hold harmless City from, any assessments, fines or penalties relating to Consultant’s failure to uphold any of these responsibilities.

  • Reclassification of Position An employee shall not have her salary reduced by reason of a change in the classification of her position that is caused other than by the employee herself.

  • Non-Grievability No dispute over a claim for any benefits extended by this Health and Welfare Fund shall be subject to the grievance procedure.

  • Employability Executive acknowledges (i) that Executive has sufficient abilities and talents to be able to obtain, upon the termination of Executive’s employment, comparable employment from another business while fully honoring and complying with the above covenants concerning confidential information and contacts with the Company’s or any of its Affiliates’ customers or employees, and (ii) the importance to the Company and its Affiliates of the above covenants. Accordingly, for a period of one (1) year following the termination of Executive’s employment with the Company and upon the Company’s reasonable request of Executive, Executive shall advise the Company of the identity of Executive’s new employer and shall provide a general description, in reasonable detail, of Executive’s new duties and responsibilities sufficient to inform the Company of its need to request a court order to enforce the above covenants.

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