Discussion and Analysis. The rule proposes to prescribe inclusion of the clause at DFARS 252.235–7002 in solicitations and contracts involving research, development, test, and evaluation or training that uses live vertebrate animals. Contractors shall acquire and care for animals in accordance with the pertinent laws of the United States, the regulations of the Department of Agriculture, XxXX 3216.01, and agency implementing regulations. The rule also proposes to make contractor facilities available for inspection by the appropriate officials. It also adds DFARS 237.17X to address training that uses live vertebrate animals and to provide a cross-reference to DFARS 235.072.
Discussion and Analysis. A 60-day notice was published in the Federal Register at 83 FR 24312 on May 25, 2018. Two comments were received. Comments: One respondent stated
Discussion and Analysis. The Department issued TAA 04C1-005 to CORPORATION A dated August 26, 2004, providing a written agreement which set forth the terms and conditions to report the CITC on its form F-1120 relating to PROJECT. CORPORATIONS A, C, D, E and F formed COMPANY B in order to consolidate the PROJECT and the XXX Project due to requirements imposed by the XXX. COMPANY B indicated that the XXX previously entered into a contract for the operations for the PROJECT and a separate contact for the XXX Project. In addition, the XXX enters into contracts relating to the XXX. It is anticipated that the XXX will issue one contract which will encompass both the operations for the PROJECT and the XXX Project instead of continuing to maintain two separate contracts. COMPANY B requests that it allocate the CITC based upon historical costs following the contribution of the PROJECT and the XXX Project into COMPANY B.
Discussion and Analysis. The Kensington Police Department rank and file includes an executive (Chief), two first line supervisors (Sergeant) and six line-staff (Police Officer). Contemporary Police organizations employ a middle management rank between the Sergeant and Chief of Police. This rank is commonly known as Lieutenant, Commander, or Captain. The title depends largely on the size and needs of an organization and can include multiple positions and a variety of ranks in combination with one another. The most widely used rank in Contra Costa County is that of a Lieutenant. The work of a police lieutenant is that of a middle-management role for law enforcement. The Lieutenant will take directions from the Chief of Police and develop a plan of action for sergeants and front-line officers. Responsibilities include completing Internal Affairs Investigations, reviewing matters of use of force, policy development and overseeing grants. The Lieutenant will select and assign staff, ensuring equal employment opportunity in hiring and promotion, and set work schedules and priority tasks for officers. The Lieutenant is responsible for evaluating sergeants and other staff in performance reviews and identifying development and training needs for the department. On top of these precinct duties, the Lieutenant will work with other law enforcement agencies in the area and act as an ambassador of the police department in meetings, schools, and other community functions. Promotion to this rank demonstrates years of experience as well as an ability for leadership and strong public relations skills. POA Side Letter Agreement October 12, 2023 A salary schedule that is in-line with the current POA salary schedule has been developed for the district which is consistent with Lieutenant pay scales in Contra Costa County. Additional language defining the Lieutenant’s hours of work and compensation were also developed to meet the needs of the police department and district operations. (See Attachment)
Discussion and Analysis. A. Agreements in Foreign Languages are Null and Void An agreement is an event that occurs between two or more parties who promise to perform a certain action. Subekti provides the definition that an agreement is an event when one or more people promise to carry out an agreement or to carry out something with each other.4 In carrying out business activities, an agreement is one of the most fundamental things. Before entering into a transaction, the parties will enter into an agreement first. This agreement will regulate the rights and obligations of the parties, procedures for carrying out transactions, as well as procedures for settlement in the event of a dispute in the future. Over time, agreements develop to prevent bad things from happening. With this prevention, business activities can run smoothly and the parties can benefit from each other. In making an agreement, the parties are free to determine the content and terms of the agreement in accordance with the principle of freedom of contract that applies in Indonesia. The parties are free to determine the rights and obligations as well as other things that are considered to be able to facilitate the activities in the agreement. The agreement made is valid and binding for the parties as long as it does not violate the provisions of the terms of the agreement contained in Article 1320 of the Civil Code. However, in the case between PT. BKP and Nine AM, Ltd., Decision Number 451/Pdt/XX.Xxx.Xxx. in the judge’s consideration it was stated that the Loan Agreement made only in English had violated because it was made with a prohibited cause. The judge saw fromthe violation 4 Subekti, Hukum Perjanjian, Cet. XIII, (Jakarta: Intermasa, 1991, hlm. 1) of the provisions of Article 31 of Law No. 24 Year 2009 concerning National Flag, Language, Emblem and Anthem which reads:
Discussion and Analysis. (i) Whether Hero Shipping’s Writ and SOC disclose no reasonable cause of action, are scandalous, frivolous and vexatious, prejudice, embarrass or delay the fair trial of the action and/or are otherwise an abuse of the process of the court?
Discussion and Analysis. Whether Havanaturs ought to be joined to the action? Whether the matter ought to be determined based on the evidence before the Court?
Discussion and Analysis. 14. In the first instance, before adverting to the issues as outlined in paragraph 2 above, the Court considers the competing arguments pertaining to the apprehension of the word ‘value’ arising under section 72 of the Act. The Commissioner under this section is obliged to accept the higher between the value of the land and the stated consideration in the conveyance or transfer. The closely related definitions of ‘fair market value’ and the contextualisation of the elements comprising this definition as referred by both counsel for the parties15 are accepted by the Court. With respect to the perspective of the sale as advocated by both counsel however – i.e. Counsel for the Defendant alleging that the sale was a forced sale, the Court is in agreement with Senior Counsel for the Claimant that the fact of the sale having been conducted pursuant to a mortgagee’s power of sale does not render it a forced sale. In this regard, it is accepted, that a price obtained in such a sale, is not excluded from satisfying the elements enumerated above, as requisites for a sale to be reflective of the ‘fair market value’ of land. This determination by the Court that the sale in question was indeed between a willing buyer and seller, operating at arms’ length with each other and being knowledgeable of the conditions of the land – does not determine the dispute as it relates to the construction of the Commissioner’s obligations under section 72. The question of whether the Commissioner can properly look behind the stated consideration as being the best evidence of market value, which is the second issue identified in paragraph 2 above, must nonetheless be determined by the Court.
Discussion and Analysis. Issue 1: Whether the Plaintiffs were promoted to senior flight attendants [24] Learned Queen’s Counsel Xx. Xxxxxx appearing with Xx. Xxxxxx for the Plaintiffs submitted that the Plaintiffs were promoted from junior flight attendants to senior flight attendants. They further submitted that the positions as outlined in the CAM exhibits a hierarchy relative to various ranking positions within Bahamasair where, it is evident by the hierarchy, that the post of senior flight attendant reflects a level of power and authority over a junior flight attendant which is to be interpreted as a promotional move and not a change in status. [25] Counsel next submitted that it is erroneous for Bahamasair to advance the argument that the post of junior and senior flight attendants is not deemed a promotion, because in order to qualify for the position of senior flight attendant, one must sit and be a successful candidate in the Cabin Crew Leadership Training, which was advertised by Bahamasair, among other requirements, which the Plaintiffs had satisfied and fulfilled. Additionally, says Counsel, the 2013 Agreement outlines the duties and responsibilities of both junior and senior flight attendants and, in the role of a senior flight attendant, the level of responsibility shifts and the duties of the two positions vary in some respect. [26] Learned Queen’s Counsel further submitted that the witness statements of the Plaintiffs and the oral evidence of Xx. Xxxxxx put the duties of both positions into context and outlines how they would have executed their duties on flight services as a junior and currently as senior flight attendants. [27] The Plaintiffs further argued that the notion that the role of senior flight attendants is just a change in status is flawed since, according to the evidence given by Xx. Xxxxxxxxxxx, Bahamasair is unable to fly without a senior flight attendant once the aircraft carries more than 50 passengers. Further, Xx. Xxxxxxxxxxx stated that the position of senior flight attendant is a regulatory requirement for all airlines including Bahamasair. The Plaintiffs further argued that, in light of this evidence, the position of senior flight attendant can be viewed and purports to be a position that one cannot hold if they are not qualified and cannot demonstrate a level of competency in order to make sound judgment decisions for Bahamasair. [28] Undoubtedly, say the Plaintiffs, the responsibilities of junior and senior flight attendants are in fact not ...
Discussion and Analysis. 9. The submissions of counsel largely focused on civil procedure under the Rules of the Supreme Court, 1978 (“Old Rules”). It is unclear why counsel draws the Court’s attention to the Old Rules when it is the Supreme Court Civil Procedure Rules, 2022 (“CPR”) which govern civil procedure in The Bahamas and which took effect as at 01 March 2023.
