Xxxxxx of Contract. 1. It shall be the policy of the Board of Education not to release teachers from their contracts, unless a replacement can be found that satisfies the position requirements of professional preparation, of experience, and such other contractual duties as required by the Board of Education.
Xxxxxx of Contract. In the event of breach of contract on the part of said teacher, if said teacher signed their contract prior to June 1st, said teacher will forfeit to the school district the sum of $500 if notice is given up to June 15th, $1,000 if notice is given between June 16-30th, and $1,500 thereafter. If said teacher signed their contract after June 1st, said teacher will forfeit to the School district the sum of $500 up to 15 days after signing, $1,000 up to 30 days after signing and $1,500 thereafter. CERTIFIED STAFF PAY POLICY: Certified staff will be paid on the 10th and 25th of each month. (Board Policy) *CLASS SIZE: Killdeer Public School will follow the guidelines for elementary and high school as spelled out in the board policy. Every effort will be made to hire a full-time aide for every class over the recommended size, or a floating teacher for any three classes over the recommended size. (N.A. May 2018) CONTRACTS: Teacher contracts will be more specifically worded: A. The superintendent will consult with teachers regarding extra-curricular assignments before their contracts are typed.
Xxxxxx of Contract. In its breach of contract claim, Plaintiff alleges that under the terms of the Post- Foreclosure Agreement, Defendants were required to “take such actions in or with respect to the Foreclosure Proceeding, any Sheriff’s Sale, or the Cash Collateral Actions as the Lender may reasonably request to effectuate the terms and provisions and purposes of the Agreement.” Post- Foreclosure
Xxxxxx of Contract. A breach of contract is considered to have occurred when one party has acted in a manner inconsistent with this agreement. In the event that a breach of contract were to occur, the breaching party may not sue or take any legal action against the non-breaching party.
Xxxxxx of Contract. There is a breach of contract where a party fails to perform any of its obligations under this contract, including defective, partial or late performance or engages in any of the conducts in clause 24 above.
Xxxxxx of Contract. Xxxxxx’s Duty to the Yacht Owner under a Bailment Relationship A yacht owner and marina have the duty to perform the terms of the marina agreement. Should the yacht owner or marina breach their obligation, they are liable for resulting damages.
Xxxxxx of Contract. Both parties have alleged breach of the Agreement. Under Tennessee state law, the essential elements of a breach of contract claim are: (1) the existence of an enforceable contract;
Xxxxxx of Contract. In both his motion for judgment as a matter of law and his motion to amend judgment, Xx. Xxxxx contends that ERISA bars the Company from recovering on its breach of contract and fraud claims as a matter of law, and that the jury verdict on those counts should thus be set aside.4 Xx. Xxxxx concedes—as he must—that the facts found by the jury are binding even as applied to this question of equity: “[W]ithholding the entry of judgment in favor of the Company on the jury’s verdict does not undermine the verdict itself or the jury’s findings reflected in the verdict.” Defs.’ Second Br. 5–6.5 He argues instead that the breach of contract and fraud are irrelevant, because the Company’s damages award would necessarily “offset” his ERISA recovery, thus violating Section 12.7 of the Employment Agreement’s prohibition against “any offset, counterclaim, recoupment, defense or other right which the Company may have against the executive.” See Am. Compl. Ex. A, § 12.7. In his words, the prohibition on “affecting Xx. Xxxxx’x ERISA benefits… means as a matter of law that the breach of contract and fraud claims should not have been submitted to the jury.” Def.’s First Br. 5. Xx. Xxxxx made a nearly identical argument when he sought summary judgment on the company’s contract and fraud claims during the early stages of this litigation. In denying his motion, we stated as follows: Because the damages the Company seeks to recovery under its breach of contract and fraud and deceit claims stem from alleged misappropriations by Xx. Xxxxx and his abuse of authority as CEO, it does not appear that such damages are related to any payment obligations the Company actually had under the 4 Xx. Xxxxx concedes—as he must—that “withholding the entry of judgment in favor of the Company on the jury’s verdict does not undermine the verdict itself.
Xxxxxx of Contract. 12.1The Parties shall review this Agreement (and the Parties’ activities under and in connection with this Agreement) on the date and frequency specified in Schedule 1 13.DISPUTE RESOLUTION
Xxxxxx of Contract i. Notwithstanding any other provisions of this Agreement, in the event of an alleged breach of contract related to this Agreement on the part of either Party:
