Lack of Capacity. 27.1 In the event that the Bank receives written notice of the lack of capacity of the Accountholder under the Mental Capacity Act (Cap. 177A) of Singapore (or such other equivalent, amendment or replacement legislation), the Bank shall be entitled (but not obliged) to:
(a) accept and execute instructions of any nature believed by the Bank to be genuine and purporting to be signed, given or issued by an authorised agent of the Accountholder (including without limitation, a donee of a lasting power of attorney granted by the Accountholder); and
(b) without assigning any reason whatsoever, with or without written notice to the Accountholder, suspend, freeze, terminate or close the Account or the use or availability of any or all of the products, services or other privileges provided under the Account or the Account package, as the case may be. HBSP/ CVM/ WEL/ TB/ TNC101
27.2 The Accountholder agrees to ratify everything that his authorised agent (including without limitation, a donee of a lasting power of attorney granted by the Accountholder) does on the Accountholder’s behalf arising from or in connection with the Account and/or the Bank providing the services, performing its obligations hereunder or accepting instructions received from or purportedly given by the authorised agent.
Lack of Capacity. 39.1 In the event that we receive written notice of your lack of capacity under the Mental Capacity Act (Cap. 177A) of Singapore (or such other equivalent, amendment or replacement legislation), we shall be entitled (but not obliged) to: HBSP/ CVM/ CA/ MTG/ TNC101
a) accept and execute instructions of any nature which we believe to be genuine and purporting to be signed, given or issued by your authorzed agent (including without limitation, a done of a lasting power of attorney granted by you); and
b) without assigning any reason whatsoever, with or without written notice to you, suspend, freeze, cancel, terminate or close an arrangement with us and/or facility or the use or availability of any or all of the products, services or other privileges provided under an arrangement with us, as the case may be.
39.2 You agree to ratify everything that your authorized agent (including without limitation, a done of a lasting power of attorney granted by you) does on your behalf arising from or in connection an arrangement with us and/or us in providing the services, performing its obligations hereunder or accepting instructions received from or purportedly given by the authorized agent.
39.3 Without prejudice to Clause 20, you shall keep us indemnified at all times against, and save us harmless from, all actions, proceedings, claims, liabilities, losses, damages, demands and expenses of whatsoever nature (whether actual or contingent), including legal costs on a full indemnity basis, which may be brought against or suffered, paid, incurred by us directly or indirectly under, out of or in connection with an arrangement with us and/or us in providing the services, performing its obligations hereunder or accepting instructions received from or purportedly given by the authorized agent, and acting or failing to act thereon or in connection with any breach of any warranty given by you or obligation of yours under an arrangement with us. Such indemnity shall continue notwithstanding the termination of any arrangement with us. All such indemnified amounts may be debited from any account you have with us.
Lack of Capacity. If the Awardee demonstrates a lack of capacity to carry out the approved activities and services in a timely manner and with the funds awarded, at the sole discretion of NDDOT.
Lack of Capacity. If the Grantee demonstrates a lack of capacity to carry out the approved activities and Project work in a timely manner and with the funds awarded, at the sole discretion of ODOT.
Lack of Capacity. If the Subrecipient demonstrates a lack of capacity to carry out the approved activities and services in a timely manner and with the funds granted, at the sole discretion of the Authority.
Lack of Capacity. 4.1 If the Bank receives an order or direction from the court under the Mental Health Ordinance (Cap 136) ("MHO") (or an equivalent, amendment or replacement legislation), the Bank shall act on the direction of the court and, to the extent permitted by the court,:
(a) accept and execute Instructions of any nature believed by the Bank to be genuine and purporting to be signed, given or issued by the Customer’s authorised agent (including a donee of a lasting power of attorney granted by the Customer); and
(b) without assigning any reason whatsoever, with or without written notice to the Bank, suspend, freeze, terminate or close any Account or the use or availability of any or all of the products, services or other privileges provided under any Account.
4.2 If the Bank suspects the Customer is mentally incapacitated under the MHO, the Bank may refrain from taking action on any Instruction from the Customer until it is reasonably satisfied that the Customer is not mentally incapacitated.
Lack of Capacity. The parties agrees that the parties shall be able to enforce as defense in a legal proceeding the lack of capacity of the parties for the execution of this Agreement and the sense that BESTEL S.A. de C.V. is referred to as "Bestel" and that MAXCOM TELECOMUNICACIONES S.A. de C.V. is referred to as "MAXCOM", given to refer to each one of the parties in the above English Translation mentioned way, implicitly is obtained for transcribed the name of the corresponding partnership.
Lack of Capacity. Civil Code section 1556 states that “all persons are capable of contracting except minors, persons of unsound mind, and persons deprived of civil rights.” “A contract of a person of unsound mind, but not entirely without understanding, made before the incapacity of the person has been judicially determined, is subject to rescission ….” (Civ. Code, § 39, subd. (a); also see Xxxxxxx x. Xxxxx (1968) 262 Cal.App.2d 824, 832.). In the nursing home context where the resident signed the arbitration agreement, it is important to look through the resident’s medical chart for the “Health & Physical” form to see if a physician decided whether the resident was capable of understanding and making decisions. Nursing home residents and their legal representatives can also rescind an arbitration agreement by giving written notice to the facility within 30 days of their signature. (Code Civ. Proc., § 1295, subd. (c).) Also, suppose the resident died within 30 days of executing the arbitration agreement. In that case, the nursing home must rescind the agree- ment since the decedent did not have sufficient time to make a knowing and willing decision. (Xxxxxxxxx x. Superior Court (2009) 176 Cal.App.4th 1461, but c.f., Xxxxx v. Italian Maple Holdings (2017) 13 Cal.App.5th 1152 [FAA preempts 30-day rescission requirement of Code Civ. Proc., § 1295].) The court may invalidate an uncon- scionable arbitration agreement. Califor- nia law is clear that an arbitration agreement can be revoked upon “such grounds as exist for the revocation of any contract.” (Code Civ. Proc., § 1281.) Unconscionability is one of those grounds. (Xxxxxxxxxx v. Foundation Health Psychcare Services, Inc. (2000) 24 Cal.4th 83, 114.) Although a showing of both substantive and procedural unconsciona- bility is required, the court has held they “need not be present in the same degree…the more substantively oppres- sive the contract term, the less evidence of procedural unconscionability is required to conclude that the term is unenforceable and vice versa.” (Suh v. Superior Court (2010) 181 Cal.App.4th 1504, 1515.) Procedural unconscionability may be proven by showing oppression, which is present when a party has no meaningful opportunity to negotiate terms or the contract is presented on a take-it-or- leave-it basis. (Xxxxxx v. Geographic Expeditions, Inc. (2010) 181 Cal.App.4th 816, 821.) It can also be shown by “unfair surprise,” such as the arbitration clause being buried in a contract or multiple document...
Lack of Capacity. Who: minors, persons of unsound mind, and those whom the law declares to be incapable of entering into a contract.
Lack of Capacity. Although the CBDR-RC principle has made it easier for member states to deliver emission reductions in line with their capacity, the lack of capacity is still a potential problem in terms of state implementation. Besides that, it also triggers the non-compliance behavior of the member states. In general, negotiators in the Conference of the Parties (“COP”) forum said that the country they represent cannot ensure that compliance can continue due to the country's lack of capacity.60 58 Norway, “Update of Norway’s Nationally Determined Contributions (NDCs), xxxxxx.xxx, xxxxx://xxxxxx.xxx/sites/default/files/NDC/2022-06/Norway _updatedNDC_2020%20%28Updated%20submission%29.p df, at 1. 59 Xxxxxx X. Tørstad, “Participation, ambition and compliance: can the Paris Agreement solve the effectiveness trilemma?”, Environmental Politics, 2020, at 10–12. 60 Ibid., at 12. Based on the member state’s obligation to submit their NDCs, it was found that lack of capacity has often been an issue that emerged in their practice and is frequently mentioned in their submitted NDCs. The lack of capacity experienced by developing countries generally consists of another issue which is the low quality of implementation programs, lack of technical feasibility such as technological deficiencies. This makes it difficult for those countries to make ambitious efforts to achieve the emission reduction targets. In contrast, developed countries have more capacity in terms of making efforts to reduce their emissions. As a result, they are able to make more concrete and ambitious efforts to reduce their emissions. For instance, Indonesia’s challenges in increasing their capacity comes from the diversity of regional circumstances including the development progress of each region that requires a process in adjusting its implementation. In addition, weak coordination between authorities in mitigation efforts and inconsistencies in the data and information collection process also affect Indonesia’s lack of capacity.61 On the other hand, the member states of SIDS that have a higher level of 61 Indonesia, “Enhanced Nationally Determined Contribution Republic of Indonesia”, xxxxxx.xxx, xxxxx://xxxxxx.xxx/sites/default/files/NDC/2022-09/ENDC%20 Indonesia.pdf, at 20. vulnerability to climate change threat also face the same challenges. Natural resources that are affected by climate change are in fact the main source of their main income as well as supporting factors to reduce their poverty, improve the li...
