equitable relief clause
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. 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.) Mediation Judiciary of New York 10 Key Clauses to Have in Non-Disclosure Agreements - EveryNDA PPP Loans / FAR Credits Clause Issue This Section shall survive the termination or cancellation of this Agreement. REAs are handled under the contract’s Changes Clause. 2. "Subcontractors" include any suppliers, distributors, vendors or firms that furnish supplies or services to prime contractors or other subcontractors. 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 It is a legal doctrine whereby one person is entitled to enforce the subsisting or revived rights of another for one's own benefit. The underlying concept in equitable distribution is that marriage is an ongoing economic partnership. REAs are handled under the contract’s Changes Clause. This clause should include the possible consequences of a breach and explicitly preserve your right as the Disclosing Party to seek equitable remedies. A right of subrogation typically arises by operation of law, but can also arise by statute or by … 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. contract price to provide an equitable (i.e. This power to grant relief from the prospective features of a judgment has always been clearly recognized in equity. 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. Consequentialist. 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". The official home page of the New York State Unified Court System. The only common law remedy was damages but in appropriate cases this remedy may be inappropriate for the claimant. Sometime the federal procurement rules apply to subcontracts but other times … ... 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. 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 … 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 … 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. 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 … 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.) Equitable relief is a court-granted remedy that requires a party to act or refrain from performing a particular act in cases where legal remedies are not considered to provide sufficient restitution. 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”). 3729 and the state has refused to provide any type of declaratory relief? 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. 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. 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. 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”). 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 … 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. The AAA maintains an online Consumer and Employment Arbitration Statistics report based on AAA consumer cases closed within the last five years. A. It is a legal doctrine whereby one person is entitled to enforce the subsisting or revived rights of another for one's own benefit. 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. Sometime the federal procurement rules apply to subcontracts but other times … 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. Arbitration Clause. 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. See State of Pennsylvania v. We hear more than three million cases a year involving almost every type of endeavor. Equitable remedies act in personam and it is a contempt of court to wilfully refuse to comply with the court order. DRL 236 B is the equitable distribution law. estoppel. Equitable remedies were originally created in accordance with principles of justice and fair play to the parties. The AAA maintains an online Consumer and Employment Arbitration Statistics report based on AAA consumer cases closed within the last five years. 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 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. 5. 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". 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 … The only common law remedy was damages but in appropriate cases this remedy may be inappropriate for the claimant. 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. 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 … The equitable distribution statutes of North Carolina are found at NCGS 50-20 and 50-21. However, sometimes a monetary remedy doesn't quite make the plaintiff whole, which is the goal of any civil remedy. During the course of most marriages, marital assets are acquired - house, motor vehicles, savings, pension rights, household furnishings, etc. The underlying concept in equitable distribution is that marriage is an ongoing economic partnership. 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. 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. 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. 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. 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. (Editor’s Note. We hear more than three million cases a year involving almost every type of endeavor. 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 … 14. 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. Claim – a written demand, as a matter of right, to the payment of a sum certain or other relief. The official home page of the New York State Unified Court System. This clause should include the possible consequences of a breach and explicitly preserve your right as the Disclosing Party to seek equitable remedies. 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. See State of Pennsylvania v. 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 § … Equitable relief has long been considered an extraordinary remedy, an exception to the general rule of money damages. 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. "Subcontractors" include any suppliers, distributors, vendors or firms that furnish supplies or services to prime contractors or other subcontractors. 14. 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. This clause should include the possible consequences of a breach and explicitly preserve your right as the Disclosing Party to seek equitable remedies. DRL 236 B is the equitable distribution law. You can opt out of this Arbitration Clause within 60 calendar days from the earlier of purchasing, activating, or using the Card/Virtual Account. 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. 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. Appeal to cultural mores, equitable principles, etc. There are a few different legal remedies a party may consider when another party has allegedly breached its contractual obligation, including lawsuits and arbitration. Arbitration Clause. 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. It provides for the division of marital property and maintenance. Contempt of court to wilfully refuse to comply with the court order subcontractors can uncertain. Under the contract ’ s Changes Clause online Consumer and Employment Arbitration Statistics report based on AAA cases! 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