Legal certainty Clause Samples

Legal certainty. This information is intended to serve as a guideline for museums. As noted, Oklahoma law does not provide certainty with respect to some of the matters described, and museums should consult with their own legal counsel for advice and direction, as necessary appropriate.

Legal certainty. It is difficult to provide legal certainty in a system which is directed by economics because the focus must be on how every individual agreement is likely to affect the market. To obtain legal certainty, a simplification of the hard individual assessment must be found which stands close to economic reality but which is both easy to apply and efficient. By simplification undertakings feel at ease in complying with the competition rules by adhering to predictable per-se rules. Without efficiency the system becomes paralysed and unable to provide legal certainty, as the old European one. The new Block Exemption is favourable for legal certainty in many aspects. Firstly, it contains fewer clauses to comply with to obtain the exemption. Thus it should be easier to apply for business. Secondly, it is considerablly wider in scope than the old Block Exemptions which allows a greater number of agreements to benefit from the legal certainty that the Block Exemption provides. The wide Block Exemption in combination with the abolishment of compulsory notification also brings down notification to the effect of enhanced efficiency and legal certainty. Another aspect which is important for efficiency is that the Commission grants individual exemptions without delay when an agreement is challenged in national court. Otherwise, the incentive to use the competition procedure for reasons other than competition concerns, for example to delay agreements, will remain. Moreover, undertakings will not regard ex-post exemption as an alternative, but will continue to overnotify their agreements in order to avoid challenge in national courts. To avoid these bad effects that threaten legal certainty, there should be a clear time limit within which the Commission must act when an agreement is challenged in national court. Presently, there is no such time limit. For the new system to provide legal certainty, it is essential that businesses feel secure in the assessment of their agreements both in terms of complying with the Block Exemption and in individual assessment. Without this certainty, undertakings might refrain from concluding agreements from fear of non-compliance with the competition rules, or continue to notify all agreements to the Commission which causes the new system to suffers from the same efficiency problems as the old one did. Unfortunately, the Block Exemption as well as the Guidelines have been criticised for being too complex and difficult to apply. To start with...

Legal certainty. In order to attain the desired degree of legal certainty, the treaty shall contain a clause to the effect that the title and rights defined and confirmed in the treaty constitute the rights of the Innu of Mamuitun on the territory of Quebec that are referred to in section 35 of the Constitution Act of 1982 and that these rights shall be exercised within the exclusive terms and conditions and land area set out in the treaty.

Legal certainty. This section outlines the specific consent that the First Nation is giving, it will describe in detail the nature of the project, what land and resources are impacted, what environmental and regulatory approvals is the First Nation concurring with and the duration of such consent. This section would also address any limitations that the First Nation is agreeing to regarding their aboriginal rights and title, such as agreeing not to seek further accommodation of those rights regarding the project, as described. It is critical that a clear implementation plan be set out within the agreement. This may involve an implementation committee that has joint representation. For example the agreement could contain the following provisions: (1) develop a reporting mechanism for tracking the progress on the commitments in the agreement; (2) address unresolved issues that the parties agreed to carry over to post-agreement, and matters related to the operation of the project; (3) decide on a process for sharing information on employment and training opportunities and develop mechanisms to assist members in benefitting from those opportunities; (4) review contracting opportunities that may be of interest to First Nation businesses and member businesses and develop a process for promoting those opportunities to members; (5) look for opportunities to support the recognition of First Nation culture and values; (6) undertake further discussions regarding potential archaeological and environmental issues and ways to address those potential issues.