Consideration issues Sample Clauses

Consideration issues. Consideration cannot be past: Consideration must exist within or after the promise. it involves actions or promises made before the contract was formed and therefore cannot be the basis for creating a new contract or modifying an existing one (Xxxxxxx x Xxxxxx) Ex: You can’t buy this and that and sue a person that only agree to buy this Exception: Past consideration can be good if it was provided at the request of the promisor or the parties understood that there was an expectation the act would be paid/ rewarded or related to another(Re Xxxxx’x Patents) - Renegotiating contracts - Existing duty + Traditional view: Performing an existing contractual or public duty is not good consideration (Stilk v Xxxxxx) ex: firefighter do firefighter jobs + Modern development: A consideration if it is a practical benefit to the promisor that may not be related/outside of the public duty or an existing contract. (Xxxxxxxx v Xxxxxx Bros). Commercial contracts are often changed for necessary and if no consideration is giving, the renegotiation is not binding. (See Xxxxxxx v Pacific Xxxx) - Renegotiating debts: Part payment of a A debt is not good consideration + Payment accepted before the due date as final payment: Xxxxxx’x case (payment before due date) + Part or all the payment are accepted in some other form (other than cash) (ex:extra service, goods) + Part payment from a third party accepted as final payment(Hirachand Xxxxxxxxxx x Xxxxxx). - Xxxxxxxx promises: Very vague/ uncertain/ broad promises + Xxxx and affection: I love you exchange for sth (Xxxxxxxx v Xxxxxx) + Pay me and I promise to stop complaining (White v Xxxxxx) WEEK 5
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Related to Consideration issues

  • Subscribing LEA An LEA that was not party to the original Service Agreement and who accepts the Provider’s General Offer of Privacy Terms.

  • Applicability Unless you are exempt as provided in paragraph d. of this award term, you must report each action that obligates $25,000 or more in Federal funds that does not include Recovery funds (as defined in section 1512(a)(2) of the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5) for a subaward to an entity (see definitions in paragraph e. of this award term).

  • Therefore the parties agree as follows:

  • Advertising Limitations Provider is prohibited from using, disclosing, or selling Student Data to (a) inform, influence, or enable Targeted Advertising; or (b) develop a profile of a student, family member/guardian or group, for any purpose other than providing the Service to LEA. This section does not prohibit Provider from using Student Data (i) for adaptive learning or customized student learning (including generating personalized learning recommendations); or (ii) to make product recommendations to teachers or LEA employees; or (iii) to notify account holders about new education product updates, features, or services or from otherwise using Student Data as permitted in this DPA and its accompanying exhibits

  • Introduction The Texas Health and Human Services Commission ("HHSC") and the Contractor named in Section I (HHSC and Contractor may be referenced in this document collectively as the “Parties” and individually as the “Party") hereby enter into this Community Services Contract - Provider Agreement (the “Contract”) for the provision of services under the Contract type specified in Section I for the considerations set forth herein. The Contract Begin Date specified in Section I is not valid until this Contract is signed by both parties.

  • Changes This Agreement may not be modified or amended except pursuant to an instrument in writing signed by the Company and the Investor.

  • Payment Subject to the provisions of the Warrant and this Agreement, a Warrant may be exercised by the Registered Holder thereof by delivering to the Warrant Agent at its corporate trust department (i) the Definitive Warrant Certificate evidencing the Warrants to be exercised, or, in the case of a Warrant represented by a book-entry, the Warrants to be exercised (the “Book-Entry Warrants”) on the records of the Depositary to an account of the Warrant Agent at the Depositary designated for such purposes in writing by the Warrant Agent to the Depositary from time to time, (ii) an election to purchase (“Election to Purchase”) any Ordinary Shares pursuant to the exercise of a Warrant, properly completed and executed by the Registered Holder on the reverse of the Definitive Warrant Certificate or, in the case of a Book-Entry Warrant, properly delivered by the Participant in accordance with the Depositary’s procedures, and (iii) the payment in full of the Warrant Price for each Ordinary Share as to which the Warrant is exercised and any and all applicable taxes due in connection with the exercise of the Warrant, the exchange of the Warrant for the Ordinary Shares and the issuance of such Ordinary Shares, as follows:

  • Disputes In the case of a dispute as to the determination of the Exercise Price or the arithmetic calculation of the number of Warrant Shares issuable in connection with any exercise, the Company shall promptly deliver to the Holder the number of Warrant Shares that are not disputed.

  • Terms and Conditions Contractor accepts the Solicitation terms and conditions unless specifically noted by exceptions advanced in the form and manner directed in the Solicitation, if any, under which this Contract was awarded. Contractor agrees that all exceptions to the Solicitation, as well as terms and conditions advanced by Contractor that differ in any manner from HHS’ terms and conditions, if any, are rejected unless expressly accepted by System Agency in writing.

  • Scope of Services The specific scope of work for each job shall be determined in advance and in writing between TIPS Member, Member’s design professionals and Vendor. It is permitted for the TIPS Member to provide a general scope description, but the awarded vendor should provide a written scope of work, and if applicable, according to the TIPS Member’s design Professional as part of the proposal. Once the scope of the job is agreed to, the TIPS Member will issue a PO and/or an Agreement or Contract with the Job Order Contract Proposal referenced or as an attachment along with bond and any other special provisions agreed by the TIPS Member. If special terms and conditions other than those covered within this solicitation and awarded Agreements are required, they will be attached to the PO and/or an Agreement or Contract and shall take precedence over those in this base TIPS Vendor Agreement.

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