Compensation for Real Estate Sample Clauses

Compensation for Real Estate. In its ruling on 20th May 2019 (BGE 145 III 225 et seq.), the Federal Supreme Court addressed the question, for the first time, of whether compensation is due if a property’s market value is reduced. In this specific case, the damage caused by flooding had to be assessed, whereupon the owners of the affected properties asserted a claim for damages against the general contractor. The Federal Supreme Court determined that a reduction in market value due to this damage can, in principle, be implemented in all cases where the market reacts to a damaging event with a price reduction that is neither technically nor functionally justified. The compensation is not to be assessed in a general way; rather, according to the nature of the case. The prevailing view is that a property is not considered to be of inferior quality in the long term as a result of a damaging event. From the owner’s point of view, there is no permanent damage, but at best only temporary damage that becomes meaningless in the property valuation after a maximum of 15 years. The temporary nature of a loss in value due to a damaging event is best accounted for by limiting the liability to a proven asset reduction. A concrete loss can arise primarily from the sale of the property (lower proceeds). Furthermore, such a reduction in assets is also conceivable in the case of expropriation or forced sale, as here too the valuation of the property is decisive. In the case at hand, however, the plaintiffs were not able to prove permanent damage to net assets, which is why the Federal Supreme Court confirmed the dismissal of the claim in the lower court. -MLaw Xxxx Xxxxx, Attorney at Law -BLaw Xxxxxxxxx Xxxxxx, Legal Intern THE IMPORTANCE OF A CHILD’S WILL IN RULINGS ON VISITING RIGHTS
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Related to Compensation for Real Estate

  • Compensation The Depositor shall receive at the times set forth in Sections 3.05, 3.18, 3.23 and 4.03 as compensation for performing portfolio supervisory services, bookkeeping and administrative expenses and evaluation services, such amount and for such periods as specified the Prospectus and/or Reference Trust Agreement. The compensation for providing portfolio supervisory services, bookkeeping and administrative expenses and evaluation services shall be made on the basis of the largest number of units outstanding at any time during the period for which such compensation is being computed. At no time, however, will the total amount received by the Depositor for services rendered to all series of Guggenheim Defined Portfolios in any calendar year exceed the aggregate cost to them of supplying such services in such year. Such rate may be increased by the Trustee from time to time, without the consent or approval of any Unitholder, or the Depositor, by amounts not exceeding the proportionate increase during the period from the date of such Prospectus and/or Reference Trust Agreement to the date of any such increase, in consumer prices as published either under the classification "All Services Less Rent" in the Consumer Price Index published by the United States Department of Labor or, IF such Index is no longer published, a similar index. In the event that any amount of the compensation paid to the Depositor pursuant to Sections 3.05, 3.18 and 3.23 and 4.03 is found to be an improper charge against a Trust, the Depositor shall reimburse the Trust in such amount. An improper charge shall be established if a final judgment or order for reimbursement of the Trust shall be rendered against the Depositor and such judgment or order shall not be effectively stayed or a final settlement is established in which the Depositor agrees to reimburse the Trust for amounts paid to the Depositor pursuant to this Section 7.05.

  • Dimensions Education Bachelor’s Degree in Computer Science, Information Systems, or other related field. Or equivalent work experience. Experience: A minimum of 4 years of IT work experience in data modeling, data analysis, relational DBMS design and support and relevant computing environments.

  • Termination This Agreement may be terminated at any time prior to the Closing:

  • WHEREAS the Company desires the Warrant Agent to act on behalf of the Company, and the Warrant Agent is willing to so act, in connection with the issuance, registration, transfer, exchange, redemption and exercise of the Warrants; and

  • Notice Any notice required or permitted to be given by either party to the other shall be deemed sufficient if sent by registered or certified mail, postage prepaid, addressed by the party giving notice to the other party at the last address furnished by the other party to the party giving notice: if to the Issuer, at 00 Xxxxxxxxxx Xxxxxx, Xxxxxx, Xxxxxxxxxxxxx, and if to Distributors, at 00 Xxxxxxxxxx Xxxxxx, Xxxxxx, Xxxxxxxxxxxxx.

  • Insurance The Company and the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary in the businesses in which the Company and the Subsidiaries are engaged, including, but not limited to, directors and officers insurance coverage. Neither the Company nor any Subsidiary has any reason to believe that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in cost.

  • Miscellaneous The Vendor acknowledges and agrees that continued participation in TIPS is subject to TIPS sole discretion and that any Vendor may be removed from the participation in the Program at any time with or without cause. Nothing in the Agreement or in any other communication between TIPS and the Vendor may be construed as a guarantee that TIPS or TIPS Members will submit any orders at any time. TIPS reserves the right to request additional proposals for items or services already on Agreement at any time.

  • Indemnification In the event any Registrable Securities are included in a Registration Statement under this Agreement:

  • Assignment This Agreement and all rights and obligations hereunder may not be assigned without the written consent of the other party.

  • Severability Any provision of this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof, and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.

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