Common use of Defense against Conflicting Claims Clause in Contracts

Defense against Conflicting Claims. a. It is hereby agreed and declared that the consideration agreed upon by the Player and the Club in this Agreement was arrived at as a result of a joint understanding and based on the assumption that the cost that will be incurred by the Club as a result of employing the Player is the total final and only cost, including additional social conditions, that the Club will have in connection with the contractual arrangement between the parties and that this Agreement also reflects the Player's rights according to the provisions of the law and even beyond that, without prejudice to the right that is due or will be due to him according to the provisions of the law. b. Therefore, should it be decided by the Labor Court and/or any other authorized body, whether at the request of the Club or at the request of the Player or of any other body whatever in a conflicting claim, that notwithstanding the foregoing, additional rights are due to the Player as an employee, which are not due to him according to this Agreement, then it is agreed between the parties that the wage taken into account for purposes of calculation of the Player's rights and the consideration that is due to him under this Agreement will be reduced in a manner that the Club will not be caused a cost which exceeds the total consideration that is due to the Player under this Agreement, and under no circumstances shall the determining salary be less than the minimum wage, as will be publicized by the Minister of Labor and Welfare, as set out in Clause 6 of the Minimum Wage Law 5747-1987, at the time of the termination of the employee-employer relationship between the Player and the Club (hereinafter - "the Determining Salary as an Employee"). c. The Player hereby agrees herewith that should that stated in Clause b' above occur, the Club will be entitled to offset the excess payments that the Club has paid him or is expected to pay him in excess of the Determining Salary as an employee, from any amount that may be due from it to the Player where these amounts are linked to the Consumer Price Index and bear maximum interest according to law. d. In addition to that mentioned in clauses b' and c' above, the Player will be obliged to return to the Club any excess payment that was not set off by the Club as mentioned above, linked to the Consumer Price Index and bearing maximum interest according to law. For the removal of doubt, the parties expressly agree that this Section does not adversely affect the Player’s right to take legal proceedings against the Club and it is intended only for maintaining the budget framework connected with the employment of the Player at the Club and the financial stability of the Club in accordance with the constitution and the directives of the Authority.

Defense against Conflicting Claims. a. It is hereby agreed and declared that the consideration agreed upon by the Player Coach and the Club in this Agreement was arrived at as a result of a joint understanding and based on the assumption that the cost that will be incurred by the Club as a result of employing the Player Coach is the total final and only cost, including additional social conditions, that the Club will have in connection with the contractual arrangement between the parties and that this Agreement also reflects the PlayerCoach's rights according to the provisions of the law and even beyond that, without prejudice to the right that is due or will be due to him according to the provisions of the law.to b. Therefore, should it be decided by the Labor Court and/or any other authorized body, whether at the request of the Club or at the request of the Player Coach or of any other body whatever in a conflicting claim, that notwithstanding the foregoing, additional rights are due to the Player Coach as an employee, which are not due to him according to this Agreement, then it is agreed between the parties that the wage taken into account for purposes of calculation of the PlayerCoach's rights and the consideration that is due to him under this Agreement will be reduced in a manner that the Club will not be caused a cost which exceeds the total consideration that is due to the Player Coach under this Agreement, and under no circumstances shall the determining salary be less than the minimum wage, as will be publicized by the Minister of Labor and Welfare, as set out in Clause 6 of the Minimum Wage Law 5747-1987, at the time of the termination of the employee-employer relationship between the Player Coach and the Club (hereinafter - "the Determining Salary as an Employee"). c. The Player hereby Coach xxxxxx agrees herewith that should that stated in Clause b' above occur, the Club will be entitled to offset the excess payments that the Club has paid him or is expected to pay him in excess of the Determining Salary as an employee, from any amount that may be due from it to the Player Coach where these amounts are linked to the Consumer Price Index and bear maximum interest according to law. d. In addition to that mentioned in clauses b' and c' above, the Player Coach will be obliged to return to the Club any excess payment that was not set off by the Club as mentioned above, linked to the Consumer Price Index and bearing maximum interest according to law. . e. For the removal of doubt, the parties expressly agree that this Section clause does not adversely affect the PlayerCoach’s right to take legal proceedings against the Club and it is intended only for maintaining the budget framework connected with the employment of the Player Coach at the Club and the financial stability of the Club in accordance with the constitution and the directives of the Authority.

Defense against Conflicting Claims. a. It is hereby agreed and declared that the consideration agreed upon by the Player and the Club in this Agreement was arrived at as a result of a joint understanding and based on the assumption that the cost that will be incurred by the Club as a result of employing the Player is the total final and only cost, including additional social conditions, that the Club will have in connection with the contractual arrangement between the parties and that this Agreement also reflects the Player's rights according to the provisions of the law and even beyond that, without prejudice to the right that is due or will be due to him her according to the provisions of the law. b. Therefore, should it be decided by the Labor Court and/or any other authorized body, whether at the request of the Club or at the request of the Player or of any other body whatever in a conflicting claim, that notwithstanding the foregoing, additional rights are due to the Player as an employee, which are not due to him her according to this Agreement, then it is agreed between the parties that the wage taken into account for purposes of calculation of the Player's rights and the consideration that is due to him her under this Agreement will be reduced in a manner that the Club will not be caused a cost which exceeds the total consideration that is due to the Player under this Agreement, and under no circumstances shall the determining salary be less than the minimum wage, as will be publicized by the Minister of Labor and Welfare, as set out in Clause 6 of the Minimum Wage Law 5747-1987, at the time of the termination of the employee-employer relationship between the Player and the Club (hereinafter - "the Determining Salary as an Employee"). c. The Player hereby agrees herewith that should that stated in Clause b' above occur, the Club will be entitled to offset the excess payments that the Club has paid him her or is expected to pay him her in excess of the Determining Salary as an employee, from any amount that may be due from it to the Player where these amounts are linked to the Consumer Price Index and bear maximum interest according to law. d. In addition to that mentioned in clauses b' and c' above, the Player will be obliged to return to the Club any excess payment that was not set off by the Club as mentioned above, linked to the Consumer Price Index and bearing maximum interest according to law. For the removal of doubt, the parties expressly agree that this Section does not adversely affect the Player’s right to take legal proceedings against the Club and it is intended only for maintaining the budget framework connected with the employment of the Player at the Club and the financial stability of the Club in accordance with the constitution and the directives of the Authority.

Defense against Conflicting Claims. a. It is hereby agreed and declared that the consideration agreed upon by the Player Coach and the Club in this Agreement was arrived at as a result of a joint understanding and based on the assumption that the cost that will be incurred by the Club as a result of employing the Player Coach is the total final and only cost, including additional social conditions, that the Club will have in connection with the contractual arrangement between the parties and that this Agreement also reflects the PlayerCoach's rights according to the provisions of the law and even beyond that, without prejudice to the right that is due or will be due to him her according to the provisions of the law.the b. Therefore, should it be decided by the Labor Court and/or any other authorized body, whether at the request of the Club or at the request of the Player Coach or of any other body whatever in a conflicting claim, that notwithstanding the foregoing, additional rights are due to the Player Coach as an employee, which are not due to him her according to this Agreement, then it is agreed between the parties that the wage taken into account for purposes of calculation of the PlayerCoach's rights and the consideration that is due to him her under this Agreement will be reduced in a manner that the Club will not be caused a cost which exceeds the total consideration that is due to the Player Coach under this Agreement, and under no circumstances shall the determining salary be less than the minimum wage, as will be publicized by the Minister of Labor and Welfare, as set out in Clause 6 of the Minimum Wage Law 5747-1987, at the time of the termination of the employee-employer relationship between the Player Coach and the Club (hereinafter - "the Determining Salary as an Employee"). c. The Player hereby Coach xxxxxx agrees herewith that should that stated in Clause b' above occur, the Club will be entitled to offset the excess payments that the Club has paid him or is expected to pay him her in excess of the Determining Salary as an employee, from any amount that may be due from it to the Player Coach where these amounts are linked to the Consumer Price Index and bear maximum interest according to law. d. In addition to that mentioned in clauses b' and c' above, the Player Coach will be obliged to return to the Club any excess payment that was not set off by the Club as mentioned above, linked to the Consumer Price Index and bearing maximum interest according to law. . e. For the removal of doubt, the parties expressly agree that this Section clause does not adversely affect the PlayerCoach’s right to take legal proceedings against the Club and it is intended only for maintaining the budget framework connected with the employment of the Player Coach at the Club and the financial stability of the Club in accordance with the constitution and the directives of the Authority.