Prohibited Provisions Clause Samples
The "Prohibited provisions" clause defines specific terms or conditions that are not allowed to be included in a contract or agreement. Typically, this clause lists certain types of clauses—such as those that violate laws, restrict statutory rights, or impose unfair obligations—that parties are expressly forbidden from incorporating. For example, it may prohibit waivers of consumer protections or clauses that limit liability beyond what is legally permissible. The core function of this clause is to ensure compliance with applicable laws and regulations, thereby protecting parties from unenforceable or unfair contractual terms.
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Prohibited Provisions. Notice is hereby given of Md. Code, State Fin. & Proc. § 2-901.
Prohibited Provisions. Except as otherwise provided in paragraph (d), clause (2), licensees shall not include in a listing agreement a holdover clause, automatic extension, or any similar provision, or an override clause the length of which is more than six months after the expiration of the listing agreement.
Prohibited Provisions. Licensees shall not include in a buyer's broker agreement a holdover clause, automatic extension, or any other similar provision, or an override clause the length of which is more than six months after the expiration of the buyer's broker agreement.
Prohibited Provisions. Caterer agrees that any stipulation(s) or agreements regarding the following shall be prohibited: (a) arbitration or mediation; (b) restrictions on the hiring of Caterer’s employees; (c) grants of exclusivity to Caterer; (d) indemnification or hold harmless of Caterer by University; (e) payment of Caterer’s attorneys’ fees by University.
Prohibited Provisions. The lease for each Affordable Unit shall not contain any of the following provisions:
(a) An agreement by the Qualifying Household to admit guilt or to not oppose the entry of a judgment in favor of the Owner in a lawsuit brought in connection with the lease;
(b) An agreement by the Qualifying Household that the Owner may take, hold or sell personal property of any member(s) of the Qualifying Household, without notice to the Qualifying Household and a court decision on the respective rights of the Owner and the member(s) of the Qualifying Household, other than an agreement by the Qualifying Household concerning disposition of personal property remaining in the Affordable Unit after the Qualifying Household has moved out of the Affordable Unit;
(c) An agreement by the Qualifying Household not to hold the Owner or its agents legally responsible for any action or failure to act, whether intentional or negligent;
(d) An agreement by the Qualifying Household that the Owner may institute a lawsuit, involving or affecting the Qualifying Household or any of the Qualifying Household's members, without notice to the Qualifying Household or any affected member;
(e) An agreement by the Qualifying Household that the Owner may evict the Qualifying Household or any of the Qualifying Household's members without instituting a civil court proceeding in which the Qualifying Household or any affected member of the Qualifying Household has an opportunity to present a defense, or before a court decision on the respective rights of the Owner and the Qualifying Household or any affected member of the Qualifying Household;
(f) An agreement by the Qualifying Household to waive any right to a trial by jury;
(g) An agreement by the Qualifying Household to waive the Qualifying Household's right to appeal or to otherwise challenge a court decision in connection with the lease;
(h) An agreement by the Qualifying Household to pay attorney's fees or other legal costs, even if the Qualifying Household wins in a court proceeding by the Owner against the Qualifying Household; provided, however, the Qualifying Household may be obligated to pay reasonable attorney's fees and other legal costs, if the Qualifying Household loses such a legal action; and
(i) An agreement by the Qualifying Household to pay one (1) or more security deposits (or the equivalent) totaling in excess of the amount of one month's rent for such Affordable Unit.
Prohibited Provisions. If any provision herein is determined to be void, voidable or unenforceable, in whole or in part, such determination shall not affect or impair or be deemed to affect or impair the validity of any other provision hereof and all the provisions hereof are hereby declared to be separate, severable and distinct.
Prohibited Provisions. In the event that any provision or any part of any provision hereof is deemed to be invalid by reason of the operation of any law or by reason of the interpretation placed thereon by a court, this agreement shall be construed as not containing such provision or such part of such provision and the invalidity of such provision or such part shall not affect the validity of any other provision or the remainder of such provision hereof, and all other provisions hereof which are otherwise lawful and valid shall remain in full force and effect.
Prohibited Provisions. Any clauses in the Agreement regarding arbitration or mediation,
Prohibited Provisions. Each of the provisions contained in this Agreement is distinct and severable and a declaration of invalidity, illegality or unenforceability of any such provision by a court of competent jurisdiction shall not affect the validity, legality or enforceability of any other provision hereof or thereof.
Prohibited Provisions. SMG shall not enter into any subcontract which purports to bind the University, the State or their respective officers or agents, nor shall it enter into any subcontract, containing nay one or more of the following conditions:
(a) Requiring the State or the University to maintain any type of insurance either for the State’s or University’s benefit or for the subcontractor’s benefit;
(b) Renewing or extending this Agreement beyond the initial term or continuing this Agreement’s benefits from term to term;
(c) Requiring or stating that the terms of the subcontractor’s agreement shall prevail over the terms of this Agreement in the event of conflict;
(d) Requiring the State or University to indemnify or to hold harmless the subcontractor for any act or omission;
(e) Directly imposing interest, service or late payment charges on the State or University on payments not made within a certain time;
(f) Requiring the application of the law of any state other than Ohio in interpreting or enforcing the contract;
(g) Requiring any total or partial compensation or payment for lost profit or liquidated damages by the State or University if the contract is terminated before its scheduled expiration date;
(h) Permitting unilateral modification of the Agreement by the subcontractor;
(i) Binding the State or University to any arbitration or to the decision of any arbitration board, commission, panel or other entity or binding the State or University to bargain with any labor union;
(j) Directly obligating the State or University to pay damages, costs of collection or attorney’s fees;
(k) Granting the subcontractor a security interest in property of the State or University; or
(l) Requiring any direct payment by the State or the University within a period of less than thirty (30) days after any invoice, due date or demand. If the University approves a subcontract under the provisions of Section 15.2 hereof, the requirements of this Section 15.3 shall be deemed satisfied.
