COUNTEROFFER. Seller presents for Buyer’s Acceptance the terms of Buyer’s offer subject to the exceptions or modifications as specified in the attached ADDENDUM NO. .
COUNTEROFFER. Academic Support Professionals and Annually Contracted Faculty may apply for a counteroffer.
a. The University President may approve a salary increase to retain an employee who has received a bonafide offer of other employment which the University President has verified with an appropriate official. The employee's monthly salary following the effective date of an increase under this paragraph shall not exceed the amount of the monthly starting salary offered to the employee by the other employer.
b. The effective date of the increase provided in paragraph a. above shall be no sooner than the first day of the academic term which immediately succeeds the approval of the counteroffer by the President.
c. An employee shall not be eligible to receive a salary increase under Article 25.10.
a. until her/his second year of full-time employment in the bargaining unit. An employee who receives a counteroffer in her/his second year of employment will not be eligible to receive another such increase until the sixth year after the increase. An employee who receives a counteroffer in her/his third year of employment will not be eligible again until the fifth year after the increase. An employee in his/her fourth or later year of employment will not be eligible again until the fourth year after the increase.
d. An employee who receives an increase under paragraph a. above shall be eligible for the increases specified in Articles 25.2., Merit Increase and Article 25.3., Performance-based Increases, if the employee is otherwise eligible for the increase under the terms of the Article and under the terms of Article
COUNTEROFFER. A counteroffer8, a response that varies the terms of an offer, is a rejection. Xxxxx offers Xxxxx a small parcel of land for $10,000 and says the offer will remain open for one month. Xxxxx responds ten days later, saying he will pay $5,000. Xxxxx’x original offer has thereby been rejected. If Xxxxx now declines Xxxxx’x counteroffer, may Xxxxx bind Xxxxx to his original offer by agreeing to pay the full $10,000? He may not, because once an original offer is rejected, all the terms lapse. However, an inquiry by Xxxxx as to whether Xxxxx would consider taking less is not a counteroffer and would not terminate the offer. This is not really an acceptance at all but is a counteroffer: an acceptance that changes the terms of the offer is a counteroffer and terminates the offer. The common law imposes a mirror image rule9: the acceptance must match the offer in all its particulars or the offer is rejected. However, if an acceptance that requests a change or an addition to the offer does not require the offeror’s assent, then the acceptance is valid. The broker at Friendly Real Estate offers you a house for $320,000. You accept but include in your acceptance “the vacant lot next door.” Your acceptance is a counteroffer, which serves to terminate the original offer. If, instead, you had said, “It’s a deal, but I’d prefer it with the vacant lot next door,” then there is a contract because you are not demanding that the broker abide by your request. If you had said, “It’s a deal, and I’d also like the vacant lot next door,” you have a contract, because the request for the lot is a separate offer, not a counteroffer rejecting the original proposal. The UCC is more liberal than the common law in allowing contracts to be formed despite counteroffers and in incorporating the counteroffers into the contracts. This UCC provision is necessary because the use of routine forms for contracts is very common, and if the rule were otherwise, much valuable time would be wasted by drafting clauses tailored to the precise wording of the routine printed forms. A buyer and a seller send out documents accompanying or incorporating their offers and acceptances, and the provisions in each document rarely correspond precisely. Indeed, it is often the case that one side’s form contains terms favorable to it but inconsistent with terms on the other side’s form. Section 2-207 of the UCC attempts to resolve this “battle of the forms” by providing that additional terms or conditions in an acce...
COUNTEROFFER. [ ] Seller [ ] Buyer presents as a counteroffer the terms of attached ADDENDUM NO. .
COUNTEROFFER. [ ] Seller [ ] Xxxxx presents as a counteroffer the terms of attached ADDENDUM NO. .
COUNTEROFFER. Seller presents for Xxxxx’s Acceptance the terms of Xxxxx’s offer subject to the exceptions or modifications as specified by the attached ADDENDUM No
COUNTEROFFER. A. The University President may approve a salary increase to retain an Employee who has received a bona fide offer of other employment, which the University President has verified with an appropriate official. The Employee’s monthly salary following the effective date of an increase under this paragraph shall not exceed the amount of the monthly starting salary offered to the Employee by the other employer.
B. The effective date of the increase provided in paragraph (A) above shall be no sooner than the first day of the Academic Term which immediately succeeds the approval of the counteroffer by the President.
C. An Employee shall not be eligible to receive a salary increase under the section on Counteroffer above until the fourth year of full-time employment at the University. An Employee who receives an increase under paragraph (A) above will not be eligible to receive another such increase until the fourth year after a Counteroffer increase.
X. Xx Employee who receives an increase under the paragraph above shall be eligible for increases specified in the Article in this Agreement on Promotion and the Article on Salary in this Article including the Professional Advancement Increase, Completion of Degree, Equity Adjustment, and Excellence Awards. If the Employee is eligible for an increase under the terms of Counteroffer then the Employee will not be eligible for any increase specified under the terms of the Article on Salary in this Agreement, except as provided below:
E. An Employee who receives an increase under Counteroffer above shall be eligible to receive the difference between the increase under Counteroffer above and the increase specified in Article on Salary in this Agreement if:
1. the increase under Counteroffer above is less than the increase specified in the Article on Salary in this Agreement; and
2. the Employee is otherwise eligible for the increase specified in the Article on Salary in this Agreement.
F. Each Employee who receives a salary increase under the paragraph on Counteroffer above shall agree to serve at the University for at least four Academic Terms subsequent to the end of the Academic Term in which the increase is received and shall give a judgment note to the University for the amount of the increase, said judgment note to be canceled at the end of the required period of service or at the death or permanent disability of the Employee.
G. Within 30 Days after the approval of an increase under the paragraph on Counteroffer a...
COUNTEROFFER. Any change in the terms presented in an offer or counteroffer, other than the insertion of the Seller's name, shall be considered a counteroffer. If Seller makes a counteroffer, Buyer shall have until 9:00 p.m. on the counteroffer expiration date to accept that counteroffer, unless sooner withdrawn. Acceptance shall not be effective until a signed copy is actually received by Seller, by Listing Agent or at the licensed office of Listing Agent. If the counteroffer is not so accepted, it shall lapse and any Xxxxxxx Money shall be refunded to Buyer.
COUNTEROFFER. Seller agrees to sell the Property under the terms and conditions of this Agreement. If Seller makes a counteroffer, Buyer shall have until 9:00 p.m. on the Counteroffer Expiration Date to accept that counteroffer, unless sooner withdrawn. Acceptance shall not be effective until a signed copy is actually received by Seller, by Listing Agent or at the licensed office of Listing Agent. If the counteroffer is not so accepted, it shall lapse and any Xxxxxxx Money shall be refunded to Buyer. If no expiration date is specified for a counteroffer, the counteroffer shall expire at 9:00 p.m. 2 days after the counteroffer is signed by the last party making the counteroffer, unless sooner withdrawn.
COUNTEROFFER. In the event Seller makes any written changes to terms and conditions herein, such changes, if initialed and Seller Acceptance executed, shall constitute a counteroffer by Seller to Buyer, which shall remain valid until _ __ ____ AM PM on __ __ __ __ __ __ __ __ . Acceptance of counteroffer by Buyer occurs when Buyer initials each change, signs Buyer Acknowledgement of Acceptance (bottom line), and delivers notice to Seller by time stipulated above.
