Implied Covenant of Good Faith and Fair Dealing. The parties acknowledge that the State of Tennessee recognizes that an implied covenant of good faith and fair dealing is a part of every contract, even an employee at will contract. Although such covenant cannot change the express terms of this contract, such covenant applies to this contract.
Implied Covenant of Good Faith and Fair Dealing. This Agreement shall be (to the extent necessary to satisfy the requirements of Section 22062(b)(3)(D) of the California Financial Code) subject to the implied covenant of good faith and fair dealing arising under Section 1655 of the California Civil Code.
Implied Covenant of Good Faith and Fair Dealing. The parties acknowledge that the State of Texas recognizes that an implied covenant of good faith and fair dealing is a part of every contract, even an employee at will contract. Although such covenant cannot change the express terms of this contract, such covenant applies to this contract.
Implied Covenant of Good Faith and Fair Dealing. It is the intent of the parties hereto that this Agreement imposes, and this Agreement does hereby impose on the parties a duty of good faith in their performance hereunder and their enforcement hereof. Good Faith means honesty in fact and the observance of reasonable commercial standards of fair dealing in the trade.
Implied Covenant of Good Faith and Fair Dealing. Plaintiff contends that HUD acted arbitrarily and capriciously, unreasonably, and in bad faith when it failed to fully reimburse her for expenses incurred on the Beechwood property. Specifically, plaintiff contends that HUD retaliated against her for refusing to sign the Regulatory Agreement Amendment by not reimbursing her for expenses out of the reserve account. Plaintiff contends she should be reimbursed for the: Amount requested on August 25, 1993 $ 54,335.83 Amount requested on March 21, 1994 $ 7,010.69 Amount requested on February 6, 1995 $ 24,604.17 Amount requested on September 18, 2000 $107,121.60 Alleged total: $193,072.29 These requests were made before Fleet Bank declared Beechwood in default on October 5, 2000. Every contract contains an implied covenant of good faith and fair dealing that neither party shall do anything that will have the effect of injuring the right of the other party to receive the fruits of the contract. Solar Turbines, Inc. v. Xxxxxx Xxxxxx, 00 Xx. Xx. 142, 156 (1991). Analyzing an allegation of governmental bad faith begins with the presumption that government officials act conscientiously and in good faith in the discharge of their duties. Libertatia Associates, Inc. v. Xxxxxx Xxxxxx, 00 Fed. Cl. 702, 706-707 (2000). For this presumption to be overcome, a plaintiff must allege and irrefragably prove, by clear and strong evidence, specific acts of bad faith on the part of the government that establish some specific intent to injure the plaintiff. Id. at 707. Thus, allegations of bad faith are comparable to actions that are motivated by malice alone. Xxxx v. Xxxxxx Xxxxxx, 0000 WL 20813, *8 (Ct. Cl. 1980) (citing Gadsden v. United States, 111 Ct. Cl. 487, 489-90 (1948)).
