Protection of the Weaker Parties Sample Clauses

Protection of the Weaker Parties. It is still doubtful in the context of Xxxxxx case whether the overriding mandatory rules, defined as crucial provisions for safeguarding public interest, may preserve “individual interest” and protect weaker parties.259 In some States, the overriding mandatory rules are considered as vehicles for the protection of weaker parties.260 However, it was necessary to introduce the explicit rules on the protection of weaker parties and define groups of individuals which require special treatment. The rules on protection of weaker parties were entered into national, international, and EU instruments. Such rules are related to conflict-of- laws as well as to the international procedural rules. As already stated hereof, the choice-of- court agreement enables the parties to choose a neutral forum or that one they consider the most appropriate. The ideal situation is the case of perfect distribution of the powers, but in many cases, only one of the parties has more bargaining power. Because of non-balanced powers, the autonomy of the weaker party is limited during negotiation with the stronger party and during the process. Thus, the stronger party has more possibilities to reach a successful outcome. States should balance the power of stronger parties, and State’s civil 257 Akai Pty Ltd v People’s Insurance Co Ltd [1996] 188 CLR 418; see also Commonwealth Bank of Australia x. Xxxxx [1999] 2 VR 681. 258 X. XXXXXX, Choice of Forum Agreements Under the Brussels I Recast and Under the Hague Convention: Coherences and Clashes, op. cit., p.15. 259 See X. X. XXX XXXXXXX, Overriding mandatory rules as a vehicle for weaker party protection in European private international law, op. cit., p. 149; X. XXXXXXX, EU Law and Private International Law: The Interrelationship in Contractual Obligations, Xxxxxxxx Xxxxxxx Publishers, 2011, p. 145. 260 For example, in the Netherlands, see X. XXXXXXX, EU Law and Private International Law: The Interrelationship in Contractual Obligations, op. cit., p. 154. procedure should take in consideration position of the weaker parties and evaluate the consequences of court’s decisions.261 The problem may arise mainly with determination and categorisation of a weaker party. It is undisputed that the consumers, employees, and insurance policy-holders require special protection.262 The national law might protect other groups of individuals to guarantee them a better position. Therefore, the category of the person identified by the national law as weaker...
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Related to Protection of the Weaker Parties

  • PROTECTION OF TEACHERS A. The Board recognizes its responsibility to give reasonable support and assistance to Teachers for the maintenance of control and discipline in the classroom. Each Teacher, however, bears the primary responsibility for maintaining proper control and discipline in the classroom. B. As permitted by Section 1309 of the Revised School Code, a Teacher may temporarily exclude a student from one (1) class when the nature of the offense, the persistence of the misbehavior, or the disruptive effect of the violation makes the continued presence of the student in the classroom intolerable. In such cases, the Teacher will furnish the Principal with written particulars of the incident as promptly as teaching obligations allow. Upon request of the Principal, the Teacher shall notify the student’s parent of the nature of the offense. If the Principal determines the need for a meeting with the student’s parent, the Teacher shall attend that meeting. C. The Teachers recognize that all disciplinary actions and methods invoked by them shall be reasonable and just. D. Any assault or threatened assault upon a Teacher, resulting from his/her position as a Teacher, shall be promptly reported to the Building Principal by the Teacher or representative. The Board shall provide legal counsel, if requested in writing by the Teacher, to advise the Teacher of the Teacher’s rights and obligations as to such assault. The Board will provide reasonable assistance to the Teacher in working with law enforcement and judicial authorities, unless such counsel and assistance are provided through the Association. E. If a Teacher is complained against or sued as a result of any reasonable action as defined by a court of law and taken by the Teacher while in the scope of his/her employment with the District, the Board shall provide legal counsel and render all reasonable assistance, as appropriate, to the Teacher in his/her defense when requested in writing by the Teacher. This section shall only require the provision of legal counsel and shall not be interpreted to interfere with the Board’s right to exercise supervision and control, including discharge of the Teacher. If a final decision issued by a court or administrative agency indicates the Teacher’s liability for this action, all costs of assistance rendered by the District to the Teacher pursuant to this paragraph and not covered by the District’s insurance carrier, shall be reimbursed by the Teacher. F. Except for disciplinary suspension or discharge, or for incarceration, any work time lost by a Teacher in connection with an incident identified in Article 9.D, not compensable under Workers’ Compensation, shall not be charged against the Teacher, unless the Teacher is adjudged liable by an agency or court of competent jurisdiction. When Workers’ Compensation is paid, the Board shall pay the difference between that sum and the Teacher’s regular salary, but not to exceed the current year’s contract. No deduction of leave shall be made under these circumstances. G. In case of an assault by a student(s) on a Teacher acting in the line of duty, or other action taken by or against a Teacher in the line of duty, causing damage to the Teacher’s personal property, including clothing, the Board shall make an equitable financial settlement for such loss with the Teacher involved. H. Any complaint directed toward a Teacher shall be promptly called to the Teacher’s attention unless otherwise prohibited by law. This requirement shall not prevent the Supervisor from screening out xxxxx gripes. I. Teachers shall be expected to exercise reasonable care as to the safety of students and property.

  • Protection of Third Parties No person (including a purchaser) dealing with the Agent or a Receiver or its or his agents will be concerned to enquire: (a) whether the Secured Liabilities have become payable; (b) whether any power which the Agent or a Receiver is purporting to exercise has become exercisable or is being properly exercised; (c) whether any money remains due under the Finance Documents; or (d) how any money paid to the Agent or to that Receiver is to be applied.

  • Protection of the Environment If the Contractor encounters circumstances such as weather conditions or site factors where the Contractor knows or should reasonably know that proceeding with the Work may, directly or indirectly, cause Environmental Damage, the Contractor shall:

  • INFORMATION OF THE PARTIES Information of the Company Information of the Lessees

  • Cooperation of the Parties The Seller undertakes to notify the Buyer of any obstacles on his part, which may negatively influence proper and timely delivery of the Equipment.

  • Formation of the Company The Company was formed as a limited liability company under the Act on April 24, 2008. The Member hereby agrees that the person executing and filing the Certificate of Formation of the Company was and is an “authorized person” within the meaning of the Act, and that the Certificate of Formation filed by such authorized person is the Certificate of Formation of the Company.

  • Protection of Trade Secrets The Executive agrees to maintain in strict confidence and, except as necessary to perform his duties for the Employer, the Executive agrees not to use or disclose any Trade Secrets of the Employer during or after his employment. “Trade Secret” means information, including a formula, pattern, compilation, program, device, method, technique, process, drawing, cost data or customer list, that: (i) derives economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use; and (ii) is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.

  • Rights Protection Mechanisms and Abuse Mitigation ­‐ Registry Operator commits to implementing and performing the following protections for the TLD: i. In order to help registrars and registrants identify inaccurate data in the Whois database, Registry Operator will audit Whois data for accuracy on a statistically significant basis (this commitment will be considered satisfied by virtue of and for so long as ICANN conducts such audits). ii. Work with registrars and registrants to remediate inaccurate Whois data to help ensure a more accurate Whois database. Registry Operator reserves the right to cancel a domain name registration on the basis of inaccurate data, if necessary. iii. Establish and maintain a Domains Protected Marks List (DPML), a trademark protection service that allows rights holders to reserve registration of exact match trademark terms and terms that contain their trademarks across all gTLDs administered by Registry Operator under certain terms and conditions. iv. At no cost to trademark holders, establish and maintain a Claims Plus service, which is a notice protection mechanism that begins at the end of ICANN’s mandated Trademark Claims period. v. Bind registrants to terms of use that define and prohibit illegal or abusive activity. vi. Limit the use of proxy and privacy registration services in cases of malfeasance. vii. Consistent with the terms of this Registry Agreement, reserve the right to exclude from distribution any registrars with a history of non-­‐compliance with the terms of the Registrar Accreditation Agreement. viii. Registry Operator will be properly resourced to perform these protections.

  • Fish and Wildlife Service 2002c. Colorado pikeminnow (Ptychocheilus lucius) recovery goals: amendment and supplement to the Colorado Squawfish Recovery Plan.

  • Relation of the Parties No Beneficiary. No term, provision or requirement, whether express or implied, of any Loan Document, or actions taken or to be taken by any party thereunder, shall be construed to create a partnership, association, or joint venture between such parties or any of them. No term or provision of any Loan Document shall be construed to confer a benefit upon, or grant a right or privilege to, any Person other than the parties hereto.

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