Legal certainty Sample Clauses

Legal certainty. The decisions and resolutions adopted in accordance with this law have the effect of material res judicata as grounds for legal certainty. They shall be immutable, as a necessary element for achieving a stable and lasting peace. They may only be revised by the Tribunal for Peace.
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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...
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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.
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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.
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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.
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Related to Legal certainty

  • Drafting Note Delete as applicable. This shall be the agent notified to the Delivery Body in the Generator’s FiT CfD Application as its agent for service of process, where the Applicant is not based in England/Wales. Annex 1 (Description of the Facility) Annex 2 (Modification Agreement)

  • Legal Representation The Parties agree that, notwithstanding the fact that EGS may have, prior to Closing, jointly represented the Purchaser, Merger Sub, the Purchaser Representative and/or the Sponsor in connection with this Agreement, the Ancillary Documents and the transactions contemplated hereby and thereby, and has also represented the Purchaser and/or its Affiliates in connection with matters other than the transaction that is the subject of this Agreement, EGS will be permitted in the future, after Closing, to represent the Sponsor, the Purchaser Representative or their respective Affiliates in connection with matters in which such Persons are adverse to the Purchaser or any of its Affiliates, including any disputes arising out of, or related to, this Agreement. The Company and the Seller Representative, who are or have the right to be represented by independent counsel in connection with the transactions contemplated by this Agreement, hereby agree, in advance, to waive (and to cause their Affiliates to waive) any actual or potential conflict of interest that may hereafter arise in connection with EGS’s future representation of one or more of the Sponsor, the Purchaser Representative or their respective Affiliates in which the interests of such Person are adverse to the interests of the Purchaser, the Company and/or the Seller Representative or any of their respective Affiliates, including any matters that arise out of this Agreement or that are substantially related to this Agreement or to any prior representation by EGS of the Purchaser, Merger Sub, any Sponsor, the Purchaser Representative or any of their respective Affiliates. The Parties acknowledge and agree that, for the purposes of the attorney-client privilege, the Sponsor and the Purchaser Representative shall be deemed the clients of EGS with respect to the negotiation, execution and performance of this Agreement and the Ancillary Documents. All such communications shall remain privileged after the Closing and the privilege and the expectation of client confidence relating thereto shall belong solely to the Sponsor and the Purchaser Representative, shall be controlled by the Sponsor and the Purchaser Representative and shall not pass to or be claimed by Purchaser or the Surviving Corporation; provided, further, that nothing contained herein shall be deemed to be a waiver by the Purchaser or any of its Affiliates (including, after the Effective Time, the Surviving Corporation and its Affiliates) of any applicable privileges or protections that can or may be asserted to prevent disclosure of any such communications to any third party.

  • Joint Drafting The Parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties and no presumption or burden of proof shall arise favoring or disfavoring any Party by virtue of the authorship of any of the provisions of this Agreement.

  • Legal Conditions to Merger Each of the Company, Parent and Sub will take all reasonable actions necessary to comply promptly with all legal requirements which may be imposed on itself with respect to the Merger (which actions shall include, without limitation, furnishing all information required in connection with approvals of or filing with any Governmental Entity) and will promptly cooperate with each other and furnish information to each other in connection with any such requirements imposed upon any of them or any of their Subsidiaries in connection with the Merger. Each of the Company, Parent and Sub will, and will cause its Subsidiaries to, take all reasonable actions necessary to (a) obtain (and will cooperate with each other in obtaining) any consent, authorization, order or approval of, or any exemption by, any Governmental Entity or other public or private third party, required to be obtained or made by Parent, the Company or any of their respective Subsidiaries in connection with the Merger or the taking of any action contemplated thereby or by this Agreement and (b) provide such other information and communications to such Governmental Entities or other public or private third parties as the other party or such Governmental or Regulatory Authorities or other public or private third parties may reasonably request in connection therewith. In addition to and not in limitation of the foregoing, each of the parties will (x) take promptly all actions necessary to make the filings required of Parent and the Company or their affiliates under the HSR Act, (y) comply at the earliest practicable date with any request for additional information received by such party or its affiliates from the Federal Trade Commission (the "FTC") or the Antitrust Division of the Department of Justice (the "Antitrust Division") pursuant to the HSR Act, and (z) cooperate with the other party in connection with such party's filings under the HSR Act and in connection with resolving any investigation or other inquiry concerning the Merger or the other matters contemplated by this Agreement commenced by either the FTC or the Antitrust Division or state attorneys general.

  • Drafting and Representation The parties have participated jointly in the negotiation and drafting of this Agreement. No provision of this Agreement will be interpreted for or against any party because that party or his or its legal representative drafted the provision.

  • Drafting Ambiguities Each party to this Agreement and their legal counsel have reviewed and revised this Agreement. The rule of construction that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement or any amendments or exhibits to this Agreement.

  • Legal Representation of the Parties This Agreement was negotiated by the parties with the benefit of legal representation, and any rule of construction or interpretation otherwise requiring this Agreement to be construed or interpreted against any party shall not apply to any construction or interpretation hereof.

  • Drafting The parties hereto have participated jointly in the negotiation and drafting of this Agreement and, in the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as jointly drafted by the parties hereto and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any provision of this Agreement.

  • Mutual Drafting This Agreement is the joint product of the Subscriber and the Company and each provision hereof has been subject to the mutual consultation, negotiation and agreement of such parties and shall not be construed for or against any party hereto.

  • Resolution of Drafting Ambiguities Each Loan Party acknowledges and agrees that it was represented by counsel in connection with the execution and delivery of the Loan Documents to which it is a party, that it and its counsel reviewed and participated in the preparation and negotiation hereof and thereof and that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be employed in the interpretation hereof or thereof.

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