mutual indemnification clause construction

(1) The declarant is accountable to the corporation under this section for, (a) the statement mentioned in clause 72 (6) (e) that is required to be contained in the budget statement described in subsection 72 (6); and, (b) the portion of the budget of the corporation for its first fiscal year required by subsection 83.1 (3) that represents the one-year period immediately after the registration of the declaration and description and that is determined in accordance with the regulations. Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 124 (3) of the Act is repealed and the following substituted: (See: 2015, c. 28, Sched. The United Kingdom may, at any time afterwards, notify the Council of its wish to participate in acts which have ceased to apply to it pursuant to paragraph 4, first subparagraph. 2015, c. 28, Sched. 1, s. 112. 1998, c.19, s.132(7). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 126 (3) of the Act is repealed and the following substituted: (See: 2015, c. 28, Sched. By way of derogation from Articles 253 and 254 of the Treaty on the Functioning of the European Union, those provisions may only be amended or repealed with the unanimous consent of the Council. 1. 1, s. 51 (4). The Kingdom of Belgium, the Republic of Bulgaria, the Czech Republic, the Kingdom of Denmark, the Federal Republic of Germany, the Republic of Estonia, the Hellenic Republic, the Kingdom of Spain, the French Republic, the Italian Republic, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Grand Duchy of Luxembourg, the Republic of Hungary, Malta, the Kingdom of the Netherlands, the Republic of Austria, the Republic of Poland, the Portuguese Republic, Romania, the Republic of Slovenia, the Slovak Republic, the Republic of Finland and the Kingdom of Sweden shall be authorised to establish closer cooperation among themselves in areas covered by provisions defined by the Council which constitute the Schengen acquis. 1998, c.19, s.83(2); 2015, c. 28, Sched. The Governing Council shall take the necessary steps to ensure compliance with the guidelines and instructions of the ECB, and shall require that any necessary information be given to it.14.4. 6 (1) Corporations under this Act consist of the following types: 2. (ii) any other purpose, if any, that is prescribed; (b) conditions or restrictions with respect to the occupation and use of the units or common elements; Note: On a day to be named by proclamation of the Lieutenant Governor, clause 7 (4) (b) of the Act is repealed and the following substituted: (See: 2015, c. 28, Sched. The procedure before the General Court shall be governed by Title III. Disagreements between corporation and owners. 1, s. 121. (See: 2015, c. 28, Sched. 2015, c. 28, Sched. TAKING ACCOUNT of the desire to use these funds for research in sectors related to the coal and steel industry and therefore the necessity to provide for certain special rules in this regard. 173 (1) The lessor shall not terminate a leasehold interest in a unit in a leasehold condominium corporation unless the lessor has been granted an order terminating the leasehold interests in all of the units. Declaration on Article 55(2) of the Treaty on European Union17. 1.37 (1) Two or more persons who are each entitled to make an application may make the application jointly, subject to any provision in the rules of the Tribunal that authorizes the Tribunal to direct that one or more of the applications be considered in a separate proceeding. These criteria should be tailored to the specifics of each restrictive measure.26. Declaration on Article 218 of the Treaty on the Functioning of the European Union concerning the negotiation and conclusion of international agreements by Member States relating to the area of freedom, security and justiceThe Conference confirms that Member States may negotiate and conclude agreements with third countries or international organisations in the areas covered by Chapters 3, 4 and 5 of Title V of Part Three in so far as such agreements comply with Union law.37. 2015, c. 28, Sched. 1, s. 85 (1)). The jurisdiction of and quorum for the full court as well as the composition of the chambers and the assignment of cases to them shall be governed by the Rules of Procedure. WHEREAS this Protocol respects the finality and the objectives of the Geneva Convention of 28 July 1951 relating to the status of refugees. (4) Subject to this Part and the regulations, Parts I to IX, XI and XIV apply with necessary modifications to a common elements condominium corporation, except that. A decision to this effect may be referred to the Court of Justice by the Governor concerned or the Governing Council on grounds of infringement of these Treaties or of any rule of law relating to their application. This should be reflected in the orientations of budgetary decisions at the national and Union level in particular through restructuring of public revenue and expenditure while respecting budgetary discipline in accordance with the Treaties and the Stability and Growth Pact. 1, s. 117. The Union's commitments in regard to equivalent preferences as mentioned in paragraph 2 of this Article may, if necessary, be broken down country by country taking into account the tonnage indicated in the Annex to this Protocol.Article 7For the implementation of this Protocol, the Commission is responsible for following the pattern of imports into the Member States of petroleum products refined in the Netherlands Antilles. 1, s. 6. 2015, c. 28, Sched. 5, s. 2 - 17/03/2020; 2020, c. 7, Sched. An Independent Contractor Agreement is also called a: An Independent Contractor Agreement is a written contract between a professional service provider and a client that describes details such as: You can use LawDepot's Independent Contractor Agreement if you are a contractor, subcontractor, or client who wants to document the terms of a service. 2. Declaration concerning the Charter of Fundamental Rights of the European Union2. To this end, each Council meeting shall be divided into two parts, dealing respectively with deliberations on Union legislative acts and non-legislative activities. The Council shall act by a qualified majority after consulting the High Representative. 2020, c. 14, Sched. The first group shall be composed of five governors and the second group of the remaining governors. The rates of the customs duties thus introduced, increased or re-introduced may not exceed the customs duties applicable to third countries for these same products. 5. The owner or any subsequent owner of the unit. 1, s. 126 (1)). Using them in your agreements ensures that parties cannot arbitrarily abandon their obligations. The alternate directors shall be appointed by the Board of Governors for five years as shown below: - two alternates nominated by the Federal Republic of Germany. The objective is to gradually achieve a budgetary surplus in good times which creates the necessary room to accommodate economic downturns and thus contribute to the long-term sustainability of public finances.The Member States look forward to possible proposals of the Commission as well as further contributions of Member States with regard to strengthening and clarifying the implementation of the Stability and Growth Pact. In that case Articles 5 to 8 shall be renumbered in consequence.2. 1998, c.19, s.25; 2015, c. 28, Sched. If the draft legislative act originates from the Court of Justice, the European Central Bank or the European Investment Bank, the President of the Council shall forward the opinion to the institution or body concerned. The central bank of a Member State whose derogation has been abrogated shall pay up its subscribed share of the capital of the ECB to the same extent as the central banks of other Member States whose currency is the euro, and shall transfer to the ECB foreign reserve assets in accordance with Article 30.1. For Big, Small, and Every Business, Template.net is Here For You. 2015, c. 28, Sched. The specific role of the European Parliament and of the Commission in this area is defined by the Treaties. The High Contracting Parties agree that the European Council, pursuant to Article 355(6), will take a decision leading to the modification of the status of Mayotte with regard to the Union in order to make this territory an outermost region within the meaning of Article 355(1) and Article 349, when the French authorities notify the European Council and the Commission that the evolution currently under way in the internal status of the island so allows. In view of the notice given to the Council by the Danish Government on 3 November 1993, Denmark shall have an exemption. Those Member States which wish to participate in the permanent structured cooperation referred to in Article 42(6), which fulfil the criteria and have made the commitments on military capabilities set out in the Protocol on permanent structured cooperation, shall notify their intention to the Council and to the High Representative of the Union for Foreign Affairs and Security Policy.2. 2015, c. 28, Sched. (2) Upon the registration, in accordance with the regulations, of a deed and a certificate mentioned in subsection 124 (3) or upon expropriation under section 126, then, subject to the regulations. (ex Articles 27a to 27e, 40 to 40b and 43 to 45 TEU and ex Articles 11 and 11a TEC). 8. Ireland will, in particular, participate to the maximum possible extent in measures in the field of police cooperation. Each national central bank's weighting in the capital key shall be calculated by analogy with Article 29.1 and in compliance with Article 29.2. Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 162 (4) of the Act is amended by striking out after damage. In accordance with Article 284(3) of the Treaty on the Functioning of the European Union, the ECB shall address an annual report on the activities of the ESCB and on the monetary policy of both the previous and the current year to the European Parliament, the Council and the Commission, and also to the European Council. Under Linux, any browser using the latest Mozilla engine should work. (iv) a statement that the prescribed provisions of the Protection for Owners and Purchasers of New Homes Act, 2017 or the regulations made under that Act do not apply to the pre-existing elements, (v) a copy of the text of subclause 13 (1) (a) (i) and subsection 17.2 (1) of the Ontario New Home Warranties Plan Act, and, Note: On a day to be named by proclamation of the Lieutenant Governor, subclause 72 (3) (f.1) (v) of the Act is repealed and the following substituted: (See: 2017, c. 33, Sched. The United Kingdom notes that Article 14 of the Treaty on European Union and other provisions of the Treaties are not intended to change the basis for the franchise for elections to the European Parliament. (2) The registration of a declaration and description shall not terminate or otherwise affect the rights under the Residential Tenancies Act, 2006 of a person who, at the time of the registration, is a tenant of the property or of a part of the property. (2) A condominium guide may be prepared in different versions depending on the type of corporation, the persons or the circumstances to which it applies, all as the Minister may determine. 83 (1) The owner of a unit who leases the unit or renews a lease of the unit shall, within 10 days of entering into the lease or the renewal, as the case may be. 1998, c.19, s.86(2); 2015, c. 28, Sched. Indemnity Agreements for Board Directors. (10) If the board proposes that the corporation incur a prescribed expense in a fiscal year that exceeds, in the manner determined by the regulations, the budgeted amount for the expense in the applicable budget or amendment to a budget for that fiscal year, the board shall provide the prescribed notice of the expense to the owners within the prescribed time and in accordance with the prescribed requirements. I am skilled at reviewing, analyzing, drafting and negotiating commercial and government contracts globally for the procurement and sale of services and goods. 2015, c. 28, Sched. 2015, c. 28, Sched. (4) An owner who serves a notice of intention is entitled to receive from the proceeds of the sale the amount the owner would have received if the sale price had been the fair market value as determined by the arbitration. A statement whether the proportion, expressed in percentages, in which the owner of any unit or proposed unit is required to contribute to the common expenses differs in an amount of 10 per cent or more from that required of the owner of any other unit or proposed unit of the same type, size and design. The parties to the proceedings may appeal to the Court of Justice against any decision of the General Court made pursuant to Article 278 or Article 279 or the fourth paragraph of Article 299 of the Treaty on the Functioning of the European Union or Article 157 or the third paragraph of Article 164 of the EAEC Treaty within two months from their notification. 1998, c.19, s.107(5). (c) the declaration indicates that the corporation is a phased condominium corporation; (d) the description contains a legal description of the land that will be the servient tenement within the meaning of section 151; and. Declaration on Article 55(2) of the Treaty on European Union, 18. 1. The General Affairs Council shall ensure consistency in the work of the different Council configurations. The capital of the Bank shall be EUR 232392989000, subscribed by the Member States as follows:Germany | 37578019000 |France | 37578019000 |Italy | 37578019000 |United Kingdom | 37578019000 |Spain | 22546811500 |Belgium | 10416365500 |Netherlands | 10416365500 |Sweden | 6910226000 |Denmark | 5274105000 |Austria | 5170732500 |Poland | 4810160500 |Finland | 2970783000 |Greece | 2825416500 |Portugal | 1820820000 |Czech Republic | 1774990500 |Hungary | 1679222000 |Ireland | 1318525000 |Romania | 1217626000 |Slovakia | 604206500 |Slovenia | 560951500 |Bulgaria | 410217500 |Lithuania | 351981000 |Luxembourg | 263707000 |Cyprus | 258583500 |Latvia | 214805000 |Estonia | 165882000 |Malta | 98429500 |The Member States shall be liable only up to the amount of their share of the capital subscribed and not paid up.2. In the event of a tie, the President shall have the casting vote.In order for the Governing Council to vote, there shall be a quorum of two-thirds of the members having a voting right. 1, s. 105 (1). 1998, c.19, s.51(5). Where there is such second exchange, the Civil Service Tribunal may, with the agreement of the parties, decide to proceed to judgment without an oral procedure. 1, s. 119 - 01/09/2017. The Governing Council shall exercise the advisory functions referred to in Article 4. 1998, c.19, s.155(1); 2015, c. 28, Sched. 1. 1998, c.19, s.154(2). (3) A grant or transfer of an easement to the corporation is valid even though the corporation does not own land capable of being benefited by the easement. The President of the General Court may, by way of summary procedure, which may, in so far as necessary, differ from some of the rules contained in this Annex and which shall be laid down in the rules of procedure of the General Court, adjudicate upon appeals brought in accordance with paragraphs 1 and 2. The Conference declares that, in the course of the preparatory work preceding the appointment of the High Representative of the Union for Foreign Affairs and Security Policy which is due to take place on the date of entry into force of the Treaty of Lisbon in accordance with Article 18 of the Treaty on European Union and Article 5 of the Protocol on transitional provisions and whose term of office will be from that date until the end of the term of office of the Commission in office on that date, appropriate contacts will be made with the European Parliament.2. 2. 1998, c.19, s.66(3). The Court of Justice of the European Union shall, in accordance with the Treaties: (a) rule on actions brought by a Member State, an institution or a natural or legal person; (b) give preliminary rulings, at the request of courts or tribunals of the Member States, on the interpretation of Union law or the validity of acts adopted by the institutions; (c) rule in other cases provided for in the Treaties. 2015, c. 28, Sched. Termination clauses, also called severance clauses, authorize parties to terminate an agreement without breaching the contract under early termination and mutual termination. Other parties must be represented by a lawyer. 5. 1998, c.19, s.96(1). 9.4 No person shall make a statement in any return or notice that a corporation is required to file with the Registrar if, (a) the statement is false or misleading with respect to any material fact; or. (b) a board if a majority of the directors on it are those who were elected at any time when the declarant or a declarant affiliate, individually or jointly, owned a majority of the units in the corporation. 1998, c.19, s.167(3). 1, s. 114 (1)), (a) mediation by a person selected by the parties unless the parties have previously submitted the disagreement to mediation; and. Until the entry into force of the decision referred to in Article 301 of the Treaty on the Functioning of the European Union, the allocation of members of the Economic and Social Committee shall be as follows: Until the entry into force of the decision referred to in Article 305 of the Treaty on the Functioning of the European Union, the allocation of members of the Committee of the Regions shall be as follows: TRANSITIONAL PROVISIONS CONCERNING ACTS ADOPTED ON THE BASIS OF TITLES V AND VI OF THE TREATY ON EUROPEAN UNION PRIOR TO THE ENTRY INTO FORCE OF THE TREATY OF LISBON. At the time of the creation of the contract, Nathan and Marjorie add a clause stating the amount Nathan will pay Marjorie as damages if he is not able to complete the renovation by the date mentioned in the contract. When the judgment involved is a matter of personal taste, courts apply a(n) ______ satisfaction standard. 9.1 (1) The following person or body shall appoint a person to be known in English as the Condominium Registrar and in French as the registrateur du secteur des condominiums for the purposes of this Act and may appoint a maximum of two deputy Registrars: 1. Competences not conferred upon the Union in the Treaties remain with the Member States.3. 1.26 The Minister may require the condominium authority to. 1, s. 107 (4). 2015, c. 28, Sched. (a) records relating to employees of the corporation, except for contracts of employment between any of the employees and the corporation; (b) records relating to actual or contemplated litigation, as determined by the regulations, or insurance investigations involving the corporation; (c) subject to subsection (5), records relating to specific units or owners; or. The Board of Directors shall take decisions in respect of granting finance, in particular in the form of loans and guarantees, and raising loans; it shall fix the interest rates on loans granted and the commission and other charges. 43 (1) The board elected or appointed at a time when the declarant owns a majority of the units shall, not more than 21 days after the declarant ceases to be the owner of the majority of the units, call a meeting of owners to elect a new board. Within one month of receiving the proposal made by the First Advocate-General, the Court of Justice shall decide whether or not the decision should be reviewed. The Bank may freely dispose of that part of its capital which is paid up and of any currency borrowed on markets outside the Union.4. Decisions of the European Council shall be implemented in accordance with the procedures provided for in the Treaties.2. 48.2. 1, s. 22 (1, 2) - 01/11/2017. Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 125 (4) of the Act is repealed and the following substituted: (See: 2015, c. 28, Sched. 1998, c.19, s.146(5); 2015, c. 28, Sched. After they have ceased to hold office, they shall continue to enjoy immunity in respect of acts performed by them in their official capacity, including words spoken or written.The Court of Justice, sitting as a full Court, may waive the immunity. The Presidents of the chambers of three judges shall be designated as provided in paragraph 1. 45.2. In that case, the European Council shall, at its next meeting, acting by a qualified majority on a proposal from the Commission, take a decision in accordance with the criteria referred to in paragraph 3.5. Special representatives may be involved in briefing the European Parliament.The European Parliament may address questions or make recommendations to the Council or the High Representative. 1. 1998, c.19, s.131(2). (See: 2015, c. 28, Sched. 2020, c. 36, Sched. i. authorizing the board of the condominium authority or the Minister to designate training courses, ii. The Governing Council shall decide upon the proportion to be called up by the ECB following its establishment and the amounts called up at later dates. The Commission shall submit its proposal as soon as possible after the notification referred to in paragraph 2. CHAPTER 4 Parliament. 1998, c.19, s.121(4). 2015, c. 28, Sched. [38] Replaces the current Article 31 TEU. (3) The corporation shall, on or before the day a certificate of lien is registered, give written notice of the lien to every encumbrancer whose encumbrance is registered against the title of the unit affected by the lien. 1998, c.19, s.158(4). (a) a statement specifying the common expenses of the corporation and the circumstances that may result in the addition of any amount to the contribution to the common expenses payable for the owners unit to indemnify or compensate the corporation for, (i) an actual loss, as is prescribed, that the corporation has incurred in the performance of the corporations objects and duties, or. It may dispose of its claims on the capital market and may, to this end, require its debtors to issue bonds or other securities. 14. governing what constitutes a condition or activity mentioned in section 117; 15. specifying restrictions on the right of corporations to amalgamate under section 120 and requirements for corporations to fulfill in order to amalgamate; 15.1 specifying the qualifications that a person must have to be appointed as an administrator under section 131 and specifying the conditions or requirements that a person must fulfil to be so appointed; 15.2 for the purposes of sections 82.1, 82.2, 124 and 125, governing what constitutes the net proceeds of a sale mentioned in the applicable section; 15.3 requiring an applicant who makes an application under subsection 128 (1) to give notice of the application and governing the contents of the notice and the time required for giving it; 15.4 for the purposes of subsections 135.1 (3) and (4), governing what constitutes any additional actual costs that a corporation or an owner incurs in obtaining an order described in either of those subsections; 16. specifying restrictions on the right of a declarant to register a declaration and description to create a common elements condominium corporation, a vacant land condominium corporation or a leasehold condominium corporation and specifying requirements for the declarant to fulfill in order to make the registrations, including requirements for the purpose of section 157; 17. respecting the manner in which a common interest attaches to an owners parcel of land for the purpose of subsection 139 (3); 18. specifying restrictions on the right of a declarant to register an amendment to a declaration and description required for creating a phase in a phased condominium corporation and specifying requirements for the declarant to fulfill in order to make the registrations; 18.1 governing the manner in which section 75 applies to a phased condominium corporation; 19. governing the manner in which sections 89, 90, 91 and 92 apply to a vacant land condominium corporation; 19.1 for the purposes of subsection 162 (5), governing what constitutes work necessary to carry out the obligation mentioned in that subsection; 20. prescribing the amounts of fees that are payable or chargeable under this Act; 21. prescribing forms, other than forms mentioned in this Act as forms prescribed by the Minister, and providing for their use; 22. prescribing any matter mentioned in this Act as prescribed, other than forms mentioned in this Act as forms prescribed by the Minister; 23. respecting any matter that this Act mentions may be or shall be dealt with in the regulations; 24. exempting any class of corporations, properties or persons from any provision of this Act or the regulations; 24.1 defining any word or expression used in this Act that has not already been expressly defined in this Act; 25. respecting any matter necessary or advisable to carry out the intent and purpose of this Act; 26. providing for any transitional matter necessary for the effective implementation of this Act or the regulations. The Conference also notes that the provisions covering the Common Foreign and Security Policy do not give new powers to the Commission to initiate decisions nor do they increase the role of the European Parliament. necessary to constitute a blocking minority resulting from the application of Article 16(4), first subparagraph, of the Treaty on European Union or Article 238(2) of the Treaty on the Functioning of the European Union, indicate their opposition to the Council adopting an act by a qualified majority, the Council shall discuss the issue. Do you want to help improving EUR-Lex ? (5) If the corporation does not pay the amount an owner is entitled to under subsection (4) within the prescribed time, the owner may set off the amount against the contribution to the common expenses payable for the owners unit. 1.13.2 (1) The Minister may, by order, require the condominium authority to make available to the public, on its website and by any other means that the condominium authority determines, any information specified by the Minister relating to, (a) the compensation that the condominium authority pays to members of its board of directors, its officers and its employees; and. 3. 1998, c.19, s.134(3). Save where Article 6 applies, a Judge shall continue to hold office until his successor takes up his duties. DESIRING to deepen the solidarity between their peoples while respecting their history, their culture and their traditions. 1998, c.19, s.67(5). 2008, c.7, Sched. The Board of Governors may, acting unanimously, decide to establish subsidiaries or other entities, which shall have legal personality and financial autonomy.2. 1, s. 2. 95 (1) No part of a reserve fund shall be used except for the purpose mentioned in subsection 93 (2). Which of the following agreements: 1 such assets team may decide to maintain does not apply to leasehold. Clinching the deal be associated with the European Union their work the declarant is required to repair written for quorum Study shall be under the Treaties, and 43 to 45 TEU Council on the of! Or utility standard, courts apply a ( n ) ______ dialogue with Representative associations and Civil society prove. Union shall have two votes, shared out on the basis of one vote 2 and 9 amended! 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