OPTIONAL CLAUSES. 1. All, some or none of the following optional clauses shall apply depending on whether they have been incorporated into this agreement by the Special Conditions
2. The text of these optional clauses (where incorporated) is not intended to be amended but the effect of any part or parts of them may be disapplied, supplemented or altered by the terms of the Special Conditions. In the case of any inconsistency between these optional clauses forming Part II of the General Conditions and the Special Conditions, the latter shall prevail in construing this agreement.
3. In the case of any inconsistency between these optional clauses forming Part II of the General Conditions and Part I of the General Conditions, the former shall prevail in construing this agreement.
OPTIONAL CLAUSES. 20.1 None of clauses 20.2 to 20.6 below have effect unless the Barrister and the Solicitor specifically agree in paragraph 7 on the front sheet of the Agreement that one or more of them should do so.
20.2 The Barrister shall arrange and maintain professional indemnity insurance in the minimum sum provided in paragraph 7 of the front sheet of the Agreement.
20.3 Notwithstanding clause 12, the Barrister's liability (whether at common law (including in negligence), in equity or otherwise) in respect of
(a) any breach of the Barrister's obligations in providing the Services, and/or
(b) all breaches of the Barrister's obligations in providing the Services arising from or which are attributable to
(i) the same act or omission, (ii) a series or group of related acts or omissions, (iii) a series or group of similar acts or omissions or (iv) the same originating cause shall be limited to the lower of the sum stated in paragraph 7(c) of the front sheet of this Agreement or, if the Barrister is solely liable as a result of breach of these General Terms as set out in clause 12.4, the sum stated in clause 12.4.
20.4 If the Solicitor and the Barrister agree that the Solicitor will obtain from the Lay Client and hold in the Solicitor's client account monies on account of the Barrister’s fees but the Solicitor does not receive in full those monies by the date agreed between the Solicitor and the Barrister for their receipt:
(a) the Solicitor shall promptly advise the Barrister that the Solicitor has not received in full those monies on account; and
(b) the Barrister shall have no further obligation to perform the Services; but
(c) if the Solicitor fails to advise the Barrister that the Solicitor has not received in full those monies on account, the Solicitor shall be personally liable to pay the Barrister’s fees up to a sum equal to the monies on account that the Solicitor should have received but did not receive, whether or not the Solicitor is paid by the Lay Client.
20.5 If the Solicitor has agreed with the Barrister that the Solicitor will procure that the Lay Client provides monies on account of the Barrister's fees and that those monies on account will be held by Bar Services Company Limited (“BARCO”) on escrow, the Solicitor shall procure that the Lay Client executes such documents and agreements as may reasonably be required by BARCO for that purpose.
20.6 Where the Barrister has agreed that the Solicitor may store the Barrister's work product in the Solicitor's i...
OPTIONAL CLAUSES. ADDITIONAL DOCUMENTS REQUIRED TO BE ATTACHED TO THIS AGREEMENT; RESIDENT’S INITIALS ACKNOWLEDGE RECEIPT
OPTIONAL CLAUSES. (Check if any of the following clauses are applicable and are attached as an addendum to
OPTIONAL CLAUSES. The Contractor shall - under penalty of termination of the Contract - comply with any security requirements prescribed by the Agency as detailed in the Security Aspects Letter attached to the Contract and any amendment or supplement thereto.
OPTIONAL CLAUSES. (Check if any of the following clauses are applicable and are attached as an addendum to this Contract). [ ] Arbitration [ x] Seller Warranty [x] Section 1031 Exchange [ ] Coastal Construction Control Line [ ] Property Inspection & Repair [ ] Existing Mortgage [ ] Flood Area Hazard Zone [ ] Seller Financing [x] Seller Representations [ ] Existing Mortgage [x] Other: Addendum No. 1 attached
OPTIONAL CLAUSES. (Check if any of the following clauses are applicable and are attached as an addendum to this Contract: ¨ Arbitration ¨ Seller Warranty ¨ Existing Mortgage ¨ Section 1031 Exchange ¨ Coastal Construction Control Line ¨ Other ¨ Property Inspection and Repair ¨ Flood Area Hazard Zone ¨ Other ¨ Seller Representations ¨ Seller Financing ¨ Other
OPTIONAL CLAUSES. There are many additional clauses an attorney may include in the fee agreement. Below is a compilation of additional clauses which are all optional. In addition, there are several disclosure forms an attorney may need to consider included in this section.
OPTIONAL CLAUSES. (a) Minimum insurance cover (clause 20.2 of the General Terms): £
(b) Limitation of liability arising solely under contract (clause 12.4. of the General Terms): £100,000 (c) Limitation of general liability (clause 20.3 of the General Terms): £2,500,000
(d) Monies on account to be obtained by the Solicitor (clause 20.4 of the General Terms):£
OPTIONAL CLAUSES. 4
(a) Limitation of liability arising solely under contract (clause 12.4 of the General Terms): £
(b) Minimum insurance cover (clause 20.2 of the General Terms): £
(c) Limitation of general liability (clause 20.3 of the General Terms): £
(d) Monies on account to be obtained by the Solicitor (clause 20.4 of the General Terms): £
(e) Monies on escrow to be held by BARCO (clause 20.5 of the General Terms): £
(f) Barrister agrees to work product being stored on the Solicitor’s internal know-how system (clause 20.6 of the General Terms): □
