1. 2. 3. Non-Competition Obligations As part of the consideration for the compensation and benefits to be paid to Executive hereunder, to protect the trade secrets and confidential information of Company and its affiliates that will be disclosed or entrusted to Executive, the business good will of Company and its affiliates that will in the future be developed in Executive, or the business opportunities that will in the future be disclosed or entrusted to Executive by Company and its affiliates, Company and Executive agree to the provisions of this Article 8. The obligations of confidentiality under this ly to any Agreement shall not app information that: (a) was previously known to he Parties t free of any obligation to keep it confidential; (b) is or has become publicly known, through no wrongful act of either Party; (c) was rightfully received Financial Instrument Obligations means obligations arising under: Facility Obligations means all Obligations other than the Related Swap Obligations. Bikini, bourbon, and badminton were places first. This article offers an analytical examination of: i) the notion of the exceptio and its relationship to other responses to the breach of a treaty; ii) the question of its conditions of application; and iii) its character as a rule of . No suit will lie to recover what has been paid, or given in compliance with a natural obligation. comparatively. The right to cancel or dissolve a contract or a reciprocal obligation in cases of nonfulfillment on the part of one of the parties is also known as the "power to rescind." The rescission referred to in Article 1191 is different from that which is referred to in Article 1380 and Article 1381. Mutuality; state, quality or character of that which is Every obligation which contains a resolutory condition shall also be demandable, without prejudice to the effects of the happening of the event. Civil obligations, in relation to their origin, are of two kinds: 1. In Spain, articles 61 and following of Law 22/2003, of 9th July ( Bankruptcy Law) regulate the termination of contracts with a reciprocal obligation in the context of bankruptcy proceedings. Course Hero uses AI to attempt to automatically extract content from documents to surface to you and others so you can study better, e.g., in search results, to enrich docs, and more. Additional Obligations means any and all loans and all other obligations, liabilities and indebtedness of every kind, nature and description, whether now existing or hereafter arising, whether arising before, during or after the commencement of any case with respect to any Additional Credit Party under the Bankruptcy Code or any other Insolvency Proceeding, owing by each Additional Credit Party from time to time to any Additional Agent, any Additional Creditors or any of them, including any Additional Bank Products Providers, Additional Hedging Providers or Additional Management Credit Providers, under any Additional Document, whether for principal, interest (including interest and fees which, but for the filing of a petition in bankruptcy with respect to such Additional Credit Party, would have accrued on any Additional Obligation, whether or not a claim is allowed against such Additional Credit Party for such interest and fees in the related bankruptcy proceeding), reimbursement of amounts drawn under letters of credit, payments for early termination of Hedging Agreements, fees, expenses, indemnification or otherwise, and all other amounts owing or due under the terms of any Additional Documents, as amended, restated, modified, renewed, refunded, replaced or refinanced in whole or in part from time to time. ***In Reciprocal Obligation- non compliance of parties although breach is not willful like due to fortuitous event: penal clause cannot be invoked*** Penalty substitutes for damages and interests As a general rule, in an obligation with a penal clause, the penalty takes the place of the indemnity for damages and the payment of interests in case (1113) Two Major Classifications of Obligations: Material Obligation; Permitted Non-Recourse Guarantees; Financial Instrument Obligations; Facility Obligations; Bond Obligation; Net Obligation; Subordinated Obligation; Permitted Non-Recourse Guarantees means customary completion or budget guarantees or indemnities (including by means of separate indemnification agreements and carve-out guarantees) provided under Non-Recourse Indebtedness in the ordinary course of business by the Company or any Subsidiary of the Company in financing transactions that are directly or indirectly secured by real estate assets or other real estate-related assets (including equity interests) of a Subsidiary of the Company (or entity in which the Company is the general partner or managing member), in each case that is the borrower in such financing, but is non-recourse to the Company or any of the Companys other Subsidiaries, except for customary completion or budget guarantees or indemnities (including by means of separate indemnification agreements or carve-out guarantees) as are consistent with customary industry practice (such as environmental indemnities and recourse triggers based on violation of transfer restrictions and other customary exceptions to nonrecourse liability). Based on these principles, my group has created several technologies that operate efficiently as, Cars barreling down a highway or stuck in traffic are similarly, Post the Definition of nonreciprocal to Facebook, Share the Definition of nonreciprocal on Twitter, 'Dunderhead' and Other Nicer Ways to Say Stupid, 'Pride': The Word That Went From Vice to Strength. The reciprocal obligation is reciprocal Dutch civilian family and civilian targets and its discretion as a non reciprocal obligation definition has. I am an officer of our homeowner's association. (B) Give an example of each. A , a bachelor who has sired many children by different woman , donated a house and lot to T , his illegitimate son , the deed of donation ant its acceptance were in a public instrument and a new cert. Your payment is not client money, but rather you have purchased that Reciprocal Obligation. n. mutual exchange of privileges between states, nations, businesses or individuals. Non-Competition Covenants a. A version of a 'can implies ought' principle applies. after an examination of the criteria for the identification of obligations erga omnes, this article considers three possible legal consequences of those obligations: (1) the obligation not to recognize illegal situations, (2) third-party countermeasures, and (3) the locus standi of not directly injured states in response to a breach of Course Hero is not sponsored or endorsed by any college or university. Notwithstanding the foregoing, Employee may serve as an officer of or consultant to a depository institution or holding company thereof even though such institution operates one or more offices or branches in the Territory, if Employees employment does not directly involve, in whole or in part, the depository financial institutions or holding companys operations in the Territory. In case one of the obligors does not comply with what is incumbent upon him, the injured or aggrieved party may choose between two remedies: (1) action for specific performance (fulfillment) of the obligation with damages; JURISDICTIONS DETERMINED TO NOT BE RECIPROCAL The following jurisdictions have been reviewed by the Arkansas State Board of Law Examiners. These example sentences are selected automatically from various online news sources to reflect current usage of the word 'nonreciprocal.' Non Reciprocal Obligation Definition In the definition of fair trial, she did something a non reciprocal obligation definition of these wit. ATENEO CENTRAL BAR OPERATIONS 2007 Civil Law SUMMER REVIEWER OBLIGATIONS AND CONTRACTS neither party may unilaterally evade his obligation in the contract, unless: TITLE 1 - OBLIGATION a. In regard to lawyers, reciprocity refers to recognizing the license of an attorney from another state without the necessity of taking the local state's bar examination. The Non-Competition Period shall be a period of twelve months following termination of employment. Download Full PDF Package. How to use a word that (literally) drives some pe Editor Emily Brewster clarifies the difference. The payment is not client money, but rather has purchased that Reciprocal Obligation from VIG. by accepting this agreement, either byclicking a box indicating your acceptance or by executing a Although X and Y are debtors and creditors of each other, their obligations are not reciprocal. The performance of one party is not dependent upon the simultaneous performance by the other. In fact, our framework presumes that carrying a pregnancy to term is a choice. The (Not surprising, for that is one of the things hypothetical contract theory was invented to produce.) In regard to lawyers, reciprocity refers to recognizing the license of an attorney from another state without the necessity of taking the local state's bar examination. Non-Solicitation. the "exceptio non rite adimpleti contractus" according to which a party which has not adequately performed cannot request performance either. Y, on the other hand. Bilateral obligations may be reciprocal or non-reciprocal. Article 1191 applies only if the reciprocity arises from the, does not comply with what is incumbent upon him, the. Choice of remedy by injured party. Reciprocal negotiation is a practical process that allows each party to recognize more deeply their role in the situation, the needs of the other party and their mutual obligations. As our participants put it: Additional Senior Obligations means all indebtedness of the Company whether incurred on or prior to the date of this Indenture or thereafter incurred, for claims in respect of derivative products such as interest and foreign exchange rate contracts, commodity contracts and similar arrangements; provided, however, that Additional Senior Obligations does not include claims in respect of Senior Debt or Subordinated Debt or obligations which, by their terms, are expressly stated to be not superior in right of payment to the Debentures or to rank pari passu in right of payment with the Debentures. Non-Competition Agreement During Employees employment with the Employer and for a period of one (1) year following termination or expiration of this Agreement, Employee shall not (without the prior written consent of Employer) compete with Employer or any of its Affiliates, directly or indirectly, engage in forming, serving as an organizer, director, officer of, employee or agent, or consultant to, or acquiring or maintaining more than a one percent (1%) passive investment in, a depository financial institution or holding company thereof if such depository institution or holding company has, or upon formation will have, one or more offices or branches located within thirty (30) miles of any office or branch of Employer or any of its Affiliates in existence at the time Employees employment with Employer is terminated (the Territory). Such reciprocity is seldom granted now, since many large states refuse to give it. Definition of 'reciprocal' reciprocal (rsprkl ) Explore 'reciprocal' in the dictionary adjective [usually ADJECTIVE noun] A reciprocal action or agreement involves two people or groups who do the same thing to each other or agree to help each another in a similar way. https://legal-dictionary.thefreedictionary.com/Non-reciprocal, Finally, another peculiarity, produced by the previously mentioned need for positive discrimination, is the special treatment conceded to the LDCs by retaining parts of the previous, Also, studies could investigate if there is a point in time in which university communications change from, Recently, the EU has obtained two waivers to grant, The last section contains our suggestions for a possible approach focusing on some of the key parameters for a fair regulatory model for mobile termination, which accounts for cost orientation, but also looks at the various market positions of operators that may influence whether reciprocal or, They include agreements not to challenge the rights being licensed, certain, "Basically, there are two types of licenses, reciprocal and, This nonreciprocal orientation underscores its difference from "civil respect" and "moral esteem." A recommendation email will be sent to the administrator(s) of the selected organisation(s) Jurisprudence has up until recently largely neglected international law as a subject of philosophizing. Every obligation whose performance does not depend upon a future or uncertain event, or upon a past event unknown to the parties, is demandable at once. [.] EurLex-2. Subject to paragraph [PERMITTED HIRINGS], during the period starting on the Effective Date and ending [NON-SOLICITATION PERIOD TERM] after the termination or expiration of this agreement (the "Non-Solicitation Period"), [PARTY B] will not directly or indirectly, on [PARTY B]'s own behalf or in the service or on behalf of others, in any capacity . a) Reciprocal obligations - are those which arise from the same cause and in which each party is a debtor and creditor of the other, such that the performance of one is designed to the be the equivalent and the condition for the performance of the other. Employment and Noncompetition Agreements The Employment and Noncompetition Agreements referred to in Sections 7.1 and 8.3, duly executed by the persons referred to in such Sections. non-reciprocal - i.e. The non-reciprocal capital contributions made by a parent to a non-wholly The payment is not client money, but rather has purchased that Reciprocal Obligation from Tenda Index Limited. Northwest Atlantic Fisheries Convention, 1949, not happy with private school, break contract, Non-Rated Line Officer Accession Conference, Non-Reactive Infinite-Order Sudden Approximation, non-receptor tyrosine-protein kinase TYK2, Non-Reciprocal Periphery Link Manipulation Method. Municipal Obligations means general obligations issued by, and supported by the full taxing authority of, any state of the United States of America or of any municipal corporation or other public body organized under the laws of any such state which are rated in the highest investment rating category by both S&P and Moody's. The term Financial Obligation shall not include municipal securities as to which a final official statement has been provided to the MSRB consistent with the Rule. Discharge of Additional Obligations means, if any Indebtedness shall at any time have been incurred under any Additional Credit Facility, with respect to each such Additional Credit Facility, (a) the payment in full in cash of the applicable Additional Obligations that are outstanding and unpaid (and excluding, for the avoidance of doubt, unasserted contingent indemnification or other obligations) at the time all Additional Indebtedness under such Additional Credit Facility is paid in full in cash, including (if applicable), with respect to amounts available to be drawn under outstanding letters of credit issued thereunder at such time (or indemnities or other undertakings issued pursuant thereto in respect of outstanding letters of credit at such time), delivery or provision of cash or backstop letters of credit in respect thereof in compliance with the terms of any such Additional Credit Facility (which shall not exceed an amount equal to 103% of the aggregate undrawn amount of such letters of credit) and (b) the termination of all then outstanding commitments to extend credit under the applicable Additional Credit Facility. every obligation which contains a resolutory condition shall also be demandable, without prejudice to the effects of the happening of the event. Should other markets be formed such that Participants may incur future Obligations in those markets, then the aggregate amount of those Obligations will also be added to the Net Obligation. Legal financial obligation means a sum of money that is. The payment is not client money, but rather has purchased that Reciprocal Obligation from Peto Global Limited. The payment is not client money, but rather has purchased that Reciprocal Obligation from Elite Strategies. Access, call origination and voice call termination in mobile networks: a comparison of approaches and consequences arising from the new regulatory framework *, Opening the door to open source. Executive agrees that during the period of Executives non-competition obligations hereunder, Executive shall not, directly or indirectly for Executive or for others, in any geographic area or market where Company or its affiliates are conducting any business as of the date of termination of the employment relationship or have during the previous 12 months conducted any business: Non-Competition Agreements Except as described in the Statutory Prospectus and the Prospectus, to the Companys knowledge, none of the Sponsor, directors or executive officers of the Company is subject to a non-competition agreement or non-solicitation agreement with any employer or prior employer which could materially affect his, her or its ability to be and act in the capacity of shareholder, executive officer or director of the Company, as applicable. (A) Differentiate an, GIVE ME A TEN (10) FACULTATIVE OBLIGATION EXAMPLE. in Pennsylvania, the rule with regard to the effect of a discharge under the Direct competition shall include, but not be limited to, the design, development, production, promotion or sale of products, software, or services competitive with those of the Company or any Subsidiary. 2. EurLex-2 In addition, Optionee shall not directly or indirectly (i) engage in any employment, business, or activity that is competitive with either (A) the proposed business of the Subsidiary that employs Optionee (Employing Subsidiary) or (B) any proposed business of any of the Companys other Subsidiaries (the Non-Employing Subsidiaries) of which Optionee has actual knowledge, or (ii) assist any other person or organization in competing with, or in preparing to engage in competition with, either (A) the proposed business of the Employing Subsidiary or (B) any proposed business of any Non-Employing Subsidiary of which Optionee has actual knowledge. Learn a new word every day. API. Most comprehensive library of legal defined terms on your mobile device, All contents of the lawinsider.com excluding publicly sourced documents are Copyright 2013-, Employment and Non-Competition Agreements, Non Competition and Non Solicitation Covenants, Non-Competition and Non-Solicitation Agreement. Non-reciprocal exclusive licensing between competitors is block exempted up to the market share threshold of 20 %. Termination of Obligation of Confidentiality. DIP Obligations means DIP Obligations as defined in the DIP Order. Consideration or the mutual promise of the parties forms the basis of a contract. a, Parametric non-reciprocal device based on temporal modulation of semiconductor-diode capacitances across a transmission-line delay with a modulation frequency P 39. But non-professionals in post when a pandemic breaks out nonetheless possess skills that are in heavy demand. Obligations with a resolutory condition 3. It is a type of agreement that bears upon or binds two parties in an equal manner. Principal Obligations means all present and future obligations and liabilities (whether actual or contingent and whether owed jointly or severally or in any other capacity whatsoever) of each Loan Party and each grantor of a security interest to the Secured Parties (or any of them) under each or any of the Loan Documents, together with all costs, charges and expenses incurred by any Secured Party in connection with the protection, preservation or enforcement of its respective rights under the Loan Documents or any other document evidencing or securing any such liabilities other than the obligations pursuant to the Parallel Debt; Financial Obligation means a (i) debt obligation; (ii) derivative instrument entered into in connection with, or pledged as security or a source of payment for, an existing or planned debt obligation; or (iii) guarantee of (i) or (ii).
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