equitable relief clause

Provides fair and equitable real and personal property assessments in accordance with the laws of the Commonwealth of Massachusetts and the Commissioner of Revenue ; Addresses any concerns of the Town citizens quickly and courteously; Other services include, but are not limited to: Administering motor vehicle excise Consequentialist. Such a hindrance is due to a person's actions, conduct, statements, admissions, failure to act, or judgment against the person in an identical legal case. Arbitration Clause 3729 and the state has refused to provide any type of declaratory relief? Judiciary of New York As prescribed in 543.205, insert the following clause:. This clause should include the possible consequences of a breach and explicitly preserve your right as the Disclosing Party to seek equitable remedies. ACEC supports a simple fix in the major US infrastructure bill outlined above to clarify that the FAR credits clause will not apply to PPP loans: Principal amounts of qualifying loans forgiven pursuant to the provisions of Section 1106 of the Coronavirus Aid, Relief, and Economic Security Act (Pub. Chapter 21 Contract Changes Specific Performance Supreme Court of the United States Employment Simple Arbitration Clause Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered ... shall have authority to grant injunctive or other forms of equitable relief to any party. Modern courts still invoke the rule that equitable relief is available only where money damages are inappropriate; in practice, however, courts rarely insist on monetary relief when equitable relief is requested by a plaintiff. PPP Loans / FAR Credits Clause Issue Equitable Adjustments (Mar 2019) (a) This clause governs the determination of equitable adjustments to which the Contractor may be entitled under the “Changes” clause prescribed by FAR 52.243-4, the “Changes and Changed Conditions” clause prescribed by FAR 52.243-5, the “Differing Site Conditions” clause … Assessor Mediation 14. This report is made available pursuant to state statutes such as the California Code of Civil Procedure §1281.96, Maryland Commercial Law §§ 14-3901 to 3905, and New Jersey Statutes § … Master Service Agreement Melissa Ostrower is Principal in the New York City office of Jackson Lewis P.C.. Ms. Ostrower advises companies on all aspects of employee benefits law, including compliance with ERISA and the Code as well as administrative matters and fiduciary issues relating to benefit plans. Equitable remedies were originally created in accordance with principles of justice and fair play to the parties. Habeas corpus — equitable tolling- Where prisoner missed deadline to file habeas petition by nine days, district court did not abuse discretion in determining that prisoner’s schizophrenia and institutional barriers he encountered did … [323] 3. Equitable remedies were originally created in accordance with principles of justice and fair play to the parties. This report is made available pursuant to state statutes such as the California Code of Civil Procedure §1281.96, Maryland Commercial Law §§ 14-3901 to 3905, and New Jersey Statutes § … Courts can order defendants in contract disputes to actually perform the contractual … Subrogation is the assumption by a third party (such as a second creditor or an insurance company) of another party's legal right to collect a debt or damages. 5. Habeas corpus — equitable tolling- Where prisoner missed deadline to file habeas petition by nine days, district court did not abuse discretion in determining that prisoner’s schizophrenia and institutional barriers he encountered did … Melissa Ostrower is Principal in the New York City office of Jackson Lewis P.C.. Ms. Ostrower advises companies on all aspects of employee benefits law, including compliance with ERISA and the Code as well as administrative matters and fiduciary issues relating to benefit plans. Definiteness: The court will not give equitable relief unless the contract’s terms are definite enough to enable the court to frame an adequate order. Therefore, Client shall be entitled to equitable relief, including an injunction, in the event of such breach or threatened breach of Clause 18 of this Agreement. Appeal to cultural mores, equitable principles, etc. Equitable remedies were originally created in accordance with principles of justice and fair play to the parties. This Section shall survive the termination or cancellation of this Agreement. Remember that this clause should be a mutually agreeable one so be careful to avoid being too specific, excessive in your remedy requirements or one-sided when it comes to possible resolutions. Melissa Ostrower is Principal in the New York City office of Jackson Lewis P.C.. Ms. Ostrower advises companies on all aspects of employee benefits law, including compliance with ERISA and the Code as well as administrative matters and fiduciary issues relating to benefit plans. Provides fair and equitable real and personal property assessments in accordance with the laws of the Commonwealth of Massachusetts and the Commissioner of Revenue ; Addresses any concerns of the Town citizens quickly and courteously; Other services include, but are not limited to: Administering motor vehicle excise Claims are handled under the Contract Disputes “fair and reasonable”) increase in contract price based on a change to contract requirements. Except for such an action to obtain equitable relief, neither Party may commence a civil action with respect to the matters submitted to mediation until after the completion of the initial mediation session, or forty-five (45) days after the date of filing the … This clause should include the possible consequences of a breach and explicitly preserve your right as the Disclosing Party to seek equitable remedies. Equitable Adjustments (Mar 2019) (a) This clause governs the determination of equitable adjustments to which the Contractor may be entitled under the “Changes” clause prescribed by FAR 52.243-4, the “Changes and Changed Conditions” clause prescribed by FAR 52.243-5, the “Differing Site Conditions” clause … This Section shall survive the termination or cancellation of this Agreement. You can opt out of this Arbitration Clause within 60 calendar days from the earlier of purchasing, activating, or using the Card/Virtual Account. equitable remedies available under the law, including but not limited to an action for specific performance, and that no bond or other security shall be required of Buyer in obtaining such equitable relief, and Seller hereby consents to the issuance of such equitable relief and to the ordering of specific performance. Consequentialist. During the course of most marriages, marital assets are acquired - house, motor vehicles, savings, pension rights, household furnishings, etc. The only common law remedy was damages but in appropriate cases this remedy may be inappropriate for the claimant. This Section shall survive the termination or cancellation of this Agreement. REAs are handled under the contract’s Changes Clause. Equitable relief has long been considered an extraordinary remedy, an exception to the general rule of money damages. Specifically, the clause allows relief from a judgment which was valid and equitable when rendered but whose prospective application has, because of changed conditions, become inequitable. "Subcontractors" include any suppliers, distributors, vendors or firms that furnish supplies or services to prime contractors or other subcontractors. Therefore, Client shall be entitled to equitable relief, including an injunction, in the event of such breach or threatened breach of Clause 18 of this Agreement. You must send the opt out notice in writing to MetaBank, N.A., Attn: Customer Service, 5501 S Broadband Ln, Sioux Falls, SD 57108 (“Notice Address”). Arbitration Clause. We hear family matters, personal injury claims, commercial disputes, trust and … A. The equitable distribution statutes of North Carolina are found at NCGS 50-20 and 50-21. During the course of most marriages, marital assets are acquired - house, motor vehicles, savings, pension rights, household furnishings, etc. Equitable remedies act in personam and it is a contempt of court to wilfully refuse to comply with the court order. Equitable relief has long been considered an extraordinary remedy, an exception to the general rule of money damages. A right of subrogation typically arises by operation of law, but can also arise by statute or by … Remember that this clause should be a mutually agreeable one so be careful to avoid being too specific, excessive in your remedy requirements or one-sided when it comes to possible resolutions. AAA Consumer and Employment Arbitration Statistics. Sometime the federal procurement rules apply to subcontracts but other times … The only common law remedy was damages but in appropriate cases this remedy may be inappropriate for the claimant. A right of subrogation typically arises by operation of law, but can also arise by statute or by … Equitable remedies act in personam and it is a contempt of court to wilfully refuse to comply with the court order. 3.Does Title IV-D, Section 458 of the Social Security Act violate the United States Constitution due to the incentives it creates for the court to willfully violate civil rights of parties in child custody and support It is a legal doctrine whereby one person is entitled to enforce the subsisting or revived rights of another for one's own benefit. Does that controlling law suggest avenues of relief outside a force majeure clause, ... an excusable delay in Article 6.3 and gives the contractor the right to … This power to grant relief from the prospective features of a judgment has always been clearly recognized in equity. Consequentialist. We hear family matters, personal injury claims, commercial disputes, trust and … Miscellaneous. [323] 3. estoppel. It is a legal doctrine whereby one person is entitled to enforce the subsisting or revived rights of another for one's own benefit. It is a legal doctrine whereby one person is entitled to enforce the subsisting or revived rights of another for one's own benefit. Clause B-1: Definitions (March 2006) As used in this contract, the following terms have the following meanings: Contracting officer — The person executing this contract on behalf of the Postal Service, and any other officer or employee who is a properly designated contracting officer; the term includes, except as otherwise provided in the contract, the authorized representative of … Contractor acknowledges that any breach or threatened breach of Clause 18 of this Agreement will result in irreparable harm to Client for which damages would be an inadequate remedy. contract price to provide an equitable (i.e. 3.Does Title IV-D, Section 458 of the Social Security Act violate the United States Constitution due to the incentives it creates for the court to willfully violate civil rights of parties in child custody and support Specifically, the clause allows relief from a judgment which was valid and equitable when rendered but whose prospective application has, because of changed conditions, become inequitable. Claim – a written demand, as a matter of right, to the payment of a sum certain or other relief. ... A contract clause that specifies injunctive relief for breach is not binding on the court, though it will likely influence the court’s exercise of its discretionary power to grant an injunction. DRL 236 B is the equitable distribution law. Miscellaneous. This report is made available pursuant to state statutes such as the California Code of Civil Procedure §1281.96, Maryland Commercial Law §§ 14-3901 to 3905, and New Jersey Statutes § … contract price to provide an equitable (i.e. We hear more than three million cases a year involving almost every type of endeavor. Clause B-1: Definitions (March 2006) As used in this contract, the following terms have the following meanings: Contracting officer — The person executing this contract on behalf of the Postal Service, and any other officer or employee who is a properly designated contracting officer; the term includes, except as otherwise provided in the contract, the authorized representative of … Clean hands, sometimes called the clean hands doctrine, unclean hands doctrine, or dirty hands doctrine, is an equitable defense in which the defendant argues that the plaintiff is not entitled to obtain an equitable remedy because the plaintiff is acting unethically or has acted in bad faith with respect to the subject of the complaint—that is, with "unclean hands". If an equitable adjustment in the contract price or delivery terms or both can be agreed upon in advance, only a supplemental agreement need be issued, but administrative changes and changes issued pursuant to a clause giving the Government a unilateral right to make a change (e.g., an option clause) initially require only one document. Therefore, Client shall be entitled to equitable relief, including an injunction, in the event of such breach or threatened breach of Clause 18 of this Agreement. Modern courts still invoke the rule that equitable relief is available only where money damages are inappropriate; in practice, however, courts rarely insist on monetary relief when equitable relief is requested by a plaintiff. "Subcontractors" include any suppliers, distributors, vendors or firms that furnish supplies or services to prime contractors or other subcontractors. the adjustment or interpretation of contract terms, or other relief arising under or relating to the contract (i.e., non-routine payment) X seeking an equitable adjustment to one or more contract terms (e.g., under the “Changes” clauses; “Differing Site Conditions” clause; “Government Property” clause, etc.) Difficulty of enforcement: Finally, the court will not grant equitable relief where there are likely to be significant difficulties in enforcing and supervising the order. The AAA maintains an online Consumer and Employment Arbitration Statistics report based on AAA consumer cases closed within the last five years. There are a few different legal remedies a party may consider when another party has allegedly breached its contractual obligation, including lawsuits and arbitration. Subcontracting with the federal government can be quite profitable but the roles, rules and requirements of subcontractors can be uncertain. "Subcontractors" include any suppliers, distributors, vendors or firms that furnish supplies or services to prime contractors or other subcontractors. Claim – a written demand, as a matter of right, to the payment of a sum certain or other relief. Contractor acknowledges that any breach or threatened breach of Clause 18 of this Agreement will result in irreparable harm to Client for which damages would be an inadequate remedy. A. Subcontracting with the federal government can be quite profitable but the roles, rules and requirements of subcontractors can be uncertain. estoppel. Clean hands, sometimes called the clean hands doctrine, unclean hands doctrine, or dirty hands doctrine, is an equitable defense in which the defendant argues that the plaintiff is not entitled to obtain an equitable remedy because the plaintiff is acting unethically or has acted in bad faith with respect to the subject of the complaint—that is, with "unclean hands". Difficulty of enforcement: Finally, the court will not grant equitable relief where there are likely to be significant difficulties in enforcing and supervising the order. The underlying concept in equitable distribution is that marriage is an ongoing economic partnership. Nothing in this Agreement shall be deemed as preventing any Party from seeking preliminary injunctive relief, temporary equitable relief or any other provisional remedy in aid of arbitration from any court of competent jurisdiction. The most-favored-nation clause requires countries to offer the same trade terms to all World Trade Organization countries, which denotes the equal treatment of all countries. Nothing in this Agreement shall be deemed as preventing any Party from seeking preliminary injunctive relief, temporary equitable relief or any other provisional remedy in aid of arbitration from any court of competent jurisdiction. “fair and reasonable”) increase in contract price based on a change to contract requirements. Arbitration Clause. (Editor’s Note. (Editor’s Note. This power to grant relief from the prospective features of a judgment has always been clearly recognized in equity. The official home page of the New York State Unified Court System. Claim – a written demand, as a matter of right, to the payment of a sum certain or other relief. Subcontracting with the federal government can be quite profitable but the roles, rules and requirements of subcontractors can be uncertain. n. a bar or impediment (obstruction) which precludes a person from asserting a fact or a right, or prevents one from denying a fact. The AAA maintains an online Consumer and Employment Arbitration Statistics report based on AAA consumer cases closed within the last five years. ACEC supports a simple fix in the major US infrastructure bill outlined above to clarify that the FAR credits clause will not apply to PPP loans: Principal amounts of qualifying loans forgiven pursuant to the provisions of Section 1106 of the Coronavirus Aid, Relief, and Economic Security Act (Pub. Subrogation is the assumption by a third party (such as a second creditor or an insurance company) of another party's legal right to collect a debt or damages. We hear family matters, personal injury claims, commercial disputes, trust and … 2. Sometime the federal procurement rules apply to subcontracts but other times … Simple Arbitration Clause Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered ... shall have authority to grant injunctive or other forms of equitable relief to any party. If an equitable adjustment in the contract price or delivery terms or both can be agreed upon in advance, only a supplemental agreement need be issued, but administrative changes and changes issued pursuant to a clause giving the Government a unilateral right to make a change (e.g., an option clause) initially require only one document. (Editor’s Note. Provides fair and equitable real and personal property assessments in accordance with the laws of the Commonwealth of Massachusetts and the Commissioner of Revenue ; Addresses any concerns of the Town citizens quickly and courteously; Other services include, but are not limited to: Administering motor vehicle excise Nothing in this Agreement shall be deemed as preventing any Party from seeking preliminary injunctive relief, temporary equitable relief or any other provisional remedy in aid of arbitration from any court of competent jurisdiction. It provides for the division of marital property and maintenance. However, sometimes a monetary remedy doesn't quite make the plaintiff whole, which is the goal of any civil remedy. ... A contract clause that specifies injunctive relief for breach is not binding on the court, though it will likely influence the court’s exercise of its discretionary power to grant an injunction. During the course of most marriages, marital assets are acquired - house, motor vehicles, savings, pension rights, household furnishings, etc. The equitable distribution statutes of North Carolina are found at NCGS 50-20 and 50-21. The only common law remedy was damages but in appropriate cases this remedy may be inappropriate for the claimant. 3729 and the state has refused to provide any type of declaratory relief? There are a few different legal remedies a party may consider when another party has allegedly breached its contractual obligation, including lawsuits and arbitration. [323] 3. This clause should include the possible consequences of a breach and explicitly preserve your right as the Disclosing Party to seek equitable remedies. As prescribed in 543.205, insert the following clause:. Clean hands, sometimes called the clean hands doctrine, unclean hands doctrine, or dirty hands doctrine, is an equitable defense in which the defendant argues that the plaintiff is not entitled to obtain an equitable remedy because the plaintiff is acting unethically or has acted in bad faith with respect to the subject of the complaint—that is, with "unclean hands". equitable remedies available under the law, including but not limited to an action for specific performance, and that no bond or other security shall be required of Buyer in obtaining such equitable relief, and Seller hereby consents to the issuance of such equitable relief and to the ordering of specific performance. The official home page of the New York State Unified Court System. You can opt out of this Arbitration Clause within 60 calendar days from the earlier of purchasing, activating, or using the Card/Virtual Account. ACEC supports a simple fix in the major US infrastructure bill outlined above to clarify that the FAR credits clause will not apply to PPP loans: Principal amounts of qualifying loans forgiven pursuant to the provisions of Section 1106 of the Coronavirus Aid, Relief, and Economic Security Act (Pub. Does that controlling law suggest avenues of relief outside a force majeure clause, ... an excusable delay in Article 6.3 and gives the contractor the right to … AAA Consumer and Employment Arbitration Statistics. 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