mutual indemnification clause construction

The committee shall append to its opinion a list of candidates having the most suitable high-level experience. As for expenditure arising from operations having military or defence implications, Member States whose representatives in the Council have made a formal declaration under Article 31(1), second subparagraph, shall not be obliged to contribute to the financing thereof. 1, s. 123 - not in force; 2015, c. 28, Sched. (ii) the telecommunications system that the corporation intends to install and use on the property, if it has not entered into a telecommunications agreement with respect to the property. 2, s. 80 (14, 15) - not in force. Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 67 (5) of the Act is repealed. 1, s. 5 (3). (3) An owner who submits a dispute to mediation shall give the corporation notice of intention within 10 days after the vote authorizing the sale. 40.1. 1998, c.19, s.37(2). 175 (1) In the case of a leasehold condominium corporation, upon the registration of a notice of termination under section 122 or 123, the registration of a deed to the property under section 124, expropriation under section 126, the registration of an order under section 128 or 173 (or such other date, if any, specified in the registered order) or the registration of a notice under section 174 that the leasehold interests in the units have not been renewed (or such other date, if any, specified in the registered notice). The common foreign and security policy shall be put into effect by the High Representative and by the Member States, using national and Union resources. Providing reasonable protection from risk is essential to clinching the deal. 1, s. 102. The provisions of this Article shall not apply to publicly owned credit institutions which, in the context of the supply of reserves by central banks, shall be given the same treatment by national central banks and the ECB as private credit institutions. 1, s. 20. 137 (1) A corporation under this Act or any other Act and any other person or entity that contravenes or fails to comply with subsection 43 (1), (3), (4), (5), (7), 55 (1) or 72 (1), section 72.1 or 81, subsection 115 (1), (2), (3), (4) or (9), section 118, subsection 133 (1), section 143, subsection 147 (1), (3), 152 (1), (2) or 161 (2), section 169 or a regulation made under paragraph 4.1 of subsection 177 (1) is guilty of an offence. If after a reasonable period of time a measure referred to in paragraph 1 cannot be adopted with the United Kingdom or Ireland taking part, the Council may adopt such measure in accordance with Article 1 without the participation of the United Kingdom or Ireland. 71 (1) The board shall amend the corporations financial statements if facts come to the attention of the directors or officers of a corporation after the annual general meeting and the facts require a material adjustment to the financial statements that were presented at the meeting. If the Court of Justice finds that the decision of the General Court affects the unity or consistency of Union law, it shall refer the case back to the General Court which shall be bound by the points of law decided by the Court of Justice; the Court of Justice may state which of the effects of the decision of the General Court are to be considered as definitive in respect of the parties to the litigation. It shall not exercise legislative functions. They shall step up cooperation by exchanging information and carrying out joint assessments. (See: 2015, c. 28, Sched. Subject to Article 3, the United Kingdom and Ireland shall not take part in the adoption by the Council of proposed measures pursuant to Title V of Part Three of the Treaty on the Functioning of the European Union. I'm passionate about trademark law and always looking forward to helping small and medium businesses promote their value by having a registered federal trademark. 1, s. 2. Building Research Advisory Board, Exploratory Study on Responsibility, Liability and Accountability for Risks in Construction, National Academy of Sciences, Washington, D.C., 1978. 2015, c. 28, Sched. Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 154 (4) of the Act is amended by adding under subsection (1) or (3) after To terminate an agreement. To the extent that a provision of the Charter refers to national laws and practices, it shall only apply to Poland or the United Kingdom to the extent that the rights or principles that it contains are recognised in the law or practices of Poland or of the United Kingdom. (15) If the board responds to an original requisition or a revised requisition as described in clause (7) (b), the requisitionists shall be deemed to have abandoned the original requisition or the revised requisition, which shall then have no force and effect, unless, (a) they deliver or deposit a revised requisition in accordance with subsections (13) and (14); or. A draft decision of the European Council, which will be adopted on the date of entry into force of the said Treaty, is set out below: on the exercise of the Presidency of the Council. The sum to be contributed shall be determined by multiplying the amount of the reserves, as defined above and as stated in the approved balance sheet of the ECB, by the ratio between the number of shares subscribed by the central bank concerned and the number of shares already paid up by the other central banks.48.3. 1998, c.19, s.123(6). When, every three years, the Advocates-General are partially replaced, four Advocates-General shall be replaced on each occasion. 1998, c.19, s.162(6); 2015, c. 28, Sched. On the basis of the principles and objectives set out in Article 21, the European Council shall identify the strategic interests and objectives of the Union.Decisions of the European Council on the strategic interests and objectives of the Union shall relate to the common foreign and security policy and to other areas of the external action of the Union. (2) A lien in respect of a unit for non-residential purposes does not have priority under this section in respect of the amount by which the owner of the unit has defaulted in the obligation to contribute to the common expenses payable for the owners unit before the coming into force of this section. (3) A reference to a declarant in this Act shall be deemed to include, where applicable, a person who proposes or intends to register a declaration and description. 2. 4. Any vacancy arising as a result of death, voluntary resignation, compulsory retirement or collective resignation shall be filled in accordance with paragraph 2. 2015, c. 28, Sched. 1. 1. 2015, c. 28, Sched. Leasehold condominium corporations. Entries Sitemap 1 The territorial scope of the Treaties is specified in Article 355 of the Treaty on the Functioning of the European Union. 1998, c.19, s.169. 1998, c.19, s.58(10). 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. Legislative History: 2000, c. 26, Sched. [18] Replaced by Article 67 TFEU. Entry into a Material Definitive Agreement. A declarant and one or more corporations. 1, s. 2. [49] Replaced, in substance, by Article 14, paragraph 4, TEU. 90 (1) Subject to section 91, the corporation shall maintain the common elements and the assets, if any, of the corporation and each owner shall maintain the owners unit. The original centre column, which set out the intermediate numbering as used in that Treaty, has been omitted. The European Parliament, the Council and the Commission, and, where appropriate, the group of Member States, the Court of Justice, the European Central Bank or the European Investment Bank, if the draft legislative act originates from them, shall take account of the reasoned opinions issued by national Parliaments or by a chamber of a national Parliament. (2) Subject to subsection (3), if part of the common elements is expropriated under the Expropriations Act in accordance with subsection (1), the owners, at the time determined by the regulations, shall share the proceeds in the same proportions as their common interests, subject to the conditions, if any, that are prescribed. 2015, c. 28, Sched. On a proposal from the Board of Directors adopted by a qualified majority, the Board of Governors may, acting in its turn by a qualified majority, compulsorily retire a member of the Management Committee. 18.3Calculation of Termination Charge. 1, s. 69 (4)). 2. 159 (1) The buildings and structures located on a unit or on the common elements of a vacant land condominium corporation, whether or not the buildings and structures had been constructed at the time of the registration of the declaration and description, are real property and form part of the unit or common elements respectively. Likewise, where the Court of Justice or the General Court finds that an action falls within the jurisdiction of the Civil Service Tribunal, the Court seised shall refer that action to the Civil Service Tribunal, whereupon that Tribunal may not decline jurisdiction. The judges shall be appointed by the Council, acting in accordance with the fourth paragraph of Article 257 of the Treaty on the Functioning of the European Union, after consulting the committee provided for by this Article. They shall define their duration, and the means to be made available by the Union and the Member States.The European Council shall act unanimously on a recommendation from the Council, adopted by the latter under the arrangements laid down for each area. 1998, c.19, s.81(4); 2002, c.8, Sched. 69 (1) The board shall place before each annual general meeting. If a person enters into an agreement to purchase a unit or a proposed unit from a declarant or a person acting on behalf of or for the benefit of the declarant, the declarant shall deliver to the purchaser, no later than 10 days before delivering to the purchaser a deed to the unit being purchased that is in registerable form, a copy of the budget mentioned in subsection 83.1 (3) for the corporation, unless the regulations provide otherwise. Time Extension for Annual General Meetings. REAFFIRM their conviction that the European Investment Bank should continue to devote the majority of its resources to the promotion of economic, social and territorial cohesion, and declare their willingness to review the capital needs of the European Investment Bank as soon as this is necessary for that purpose. The ECB which, in accordance with Article 282(3) of the Treaty on the Functioning of the European Union, shall have legal personality, shall enjoy in each of the Member States the most extensive legal capacity accorded to legal persons under its law; it may, in particular, acquire or dispose of movable and immovable property and may be a party to legal proceedings.9.2. (2) If the chair is absent or otherwise unable to act or if the office is vacant, a vice-chair has all the powers and shall perform the duties of the chair. 10.4. (c) if the sale is for only part of the common elements and includes common elements that are for the use of the owners of certain designated units and not all the owners, the owners of the designated units consent in writing to the sale. The Board of Governors shall ensure that these directives are implemented. (2) The certificate shall be issued under the seal of the Registrar and shall be signed by the Registrar. Note: On a day to be named by proclamation of the Lieutenant Governor, section 46 of the Act is repealed and the following substituted: (See: 2015, c. 28, Sched. 2. B, s.7(7). 2015, c. 28, Sched. The board of the condominium authority, if the authority is responsible for the administration of this Part. 1998, c.19, s.76(6). [2] Replaced, in substance, by Article 7 of the Treaty on the Functioning of the European Union ("TFEU") and by Articles 13(1) and 21, paragraph 3, second subparagraph of the Treaty on European Union ("TEU"). 1, s. 20 - 01/11/2017. [50] Replaced, in substance, by Article 16, paragraph 1, TEU and by Articles 290 and 291 TFEU. (3) Any of the following individuals who act on behalf of an entity and who fail to take reasonable care to prevent the entity from committing an offence mentioned in subsection (1), are guilty of an offence, whether or not the entity has been prosecuted or convicted: 1. The removal or the election of one or more of the directors. Acts adopted in the framework of enhanced cooperation shall bind only participating Member States. The Board of Governors may, acting unanimously, decide to increase the subscribed capital.4. (a) is issued or guaranteed by the government of Canada or the government of any province of Canada, (b) is issued by an institution located in Ontario insured by the Canada Deposit Insurance Corporation or the Financial Services Regulatory Authority of Ontario, or. 1. (b) have the capacity to supply by 2010 at the latest, either at national level or as a component of multinational force groups, targeted combat units for the missions planned, structured at a tactical level as a battle group, with support elements including transport and logistics, capable of carrying out the tasks referred to in Article 43 of the Treaty on European Union, within a period of five to 30 days, in particular in response to requests from the United Nations Organisation, and which can be sustained for an initial period of 30 days and be extended up to at least 120 days. The effect of the exemption shall be that all Articles and provisions of the Treaties and the Statute of the ESCB referring to a derogation shall be applicable to Denmark. Declaration on Articles 75 and 215 of the Treaty on the Functioning of the European Union26. 1998, c.19, s.11(1); 2015, c. 28, Sched. The President of the Civil Service Tribunal shall preside over the full court and the chamber of five judges. 102 The corporation shall obtain and maintain, (a) insurance against its liability resulting from a breach of duty as occupier of the common elements or land that the corporation holds as an asset; and. 2, s. 80 (14). In the case of a bicameral Parliamentary system, each of the two chambers shall have one vote.2. 2, s. 80 (14), (15)). Member States shall ensure, through the convergence of their actions, that the Union is able to assert its interests and values on the international scene. 1998, c.19, s.166(2); 2015, c. 28, Sched. (b) assist the authority in carrying out its powers and duties under this Act or the regulations. 1998, c.19, s.22(5). RECALLING that all assets and liabilities of the European Coal and Steel Community, as they existed on 23 July 2002, were transferred to the European Community on 24 July 2002. [54] Replaced, in substance, by Article 17, paragraphs 3 and 7 TEU. The provisions of Article 287 of the Treaty on the Functioning of the European Union shall only apply to an examination of the operational efficiency of the management of the ECB.Article 28Capital of the ECB28.1. (3) The corporation has a duty to take all reasonable steps to ensure that the owners, the occupiers of units, the lessees of the common elements and the agents and employees of the corporation comply with this Act, the declaration, the by-laws and the rules. (2) Subject to subsection (4), an owner or a mortgagee of a unit may apply to the Tribunal for the resolution of a prescribed dispute with the corporation, another owner or an occupier or a mortgagee of a unit. 1, s. 6. 2015, c. 28, Sched. (4) The right to examine or obtain copies of records under subsection (3) does not apply to. 94 (1) The corporation shall conduct periodic studies to determine whether the amount of money in the reserve fund and the amount of contributions collected by the corporation are adequate to provide for the expected costs of major repair and replacement of the common elements and assets of the corporation. 14, s. 8 and 2021, c. 25, Sched. (See: 2015, c. 28, Sched. [2] Replaced, in substance, by Article 7 of the Treaty on the Functioning of the European Union ("TFEU") and by Articles 13(1) and 21, paragraph 3, second subparagraph of the Treaty on European Union ("TEU"). Any other purpose for which this Act or the regulations permit the owners to requisition a meeting of owners. Apart from normal replacement, or death, the duties of a Judge shall end when he resigns. 46.1 (1) A corporation shall maintain the record required by subsection (3). If the quorum is not met, the President may convene an extraordinary meeting at which decisions may be taken without regard to the quorum.10.3. 1, s. 9 - not in force. The Conference considers that the possibility of producing translations of the Treaties in the languages mentioned in Article 55(2) contributes to fulfilling the objective of respecting the Union's rich cultural and linguistic diversity as set forth in the fourth subparagraph of Article 3(3). 1. B, s. 7 (3, 4) - 05/05/2001, Note: On a day to be named by proclamation of the Lieutenant Governor, the Act is amended by adding the following section: (See: 2015, c. 28, Sched. Notwithstanding the foregoing and any other provision contained herein, the following Sections of this Agreement shall remain in effect and shall survive the termination of this Agreement: Section5, Billing; Section6, Limitation on Liability; Indemnification; Section9, Confidential and Proprietary Information; Section10, Cooperation and Dispute Resolution; Section13, Successors and Assigns; and Section14, No Third Party Beneficiaries. (c) such other purposes, if any, that are prescribed, subject to the requirements, if any, that are prescribed. The documents drawn up in compliance with the letters rogatory shall be returned to the Court under the same conditions.The Court shall defray the expenses, without prejudice to the right to charge them, where appropriate, to the parties.Article 30A Member State shall treat any violation of an oath by a witness or expert in the same manner as if the offence had been committed before one of its courts with jurisdiction in civil proceedings. Within the framework of the Treaty and this Statute, the Board of Governors shall be competent to take, acting unanimously, any decisions concerning the suspension of the operations of the Bank and, should the event arise, its liquidation.Article 8(ex Article 10)Save as otherwise provided in this Statute, decisions of the Board of Governors shall be taken by a majority of its members. Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 96 (2) of the Act is amended by striking out section 92 at the end and substituting section 91 or 92. By way of exception, the special activities of the Bank, as decided by the Board of Governors and the Board of Directors in accordance with paragraph 3, will have a specific allocation of reserve. When the Commission, at the request of a Member State or on its own initiative, establishes that imports into the Union of petroleum products refined in the Netherlands Antilles under the system provided for in Article 2 above are giving rise to real difficulties on the market of one or more Member States, it shall decide that customs duties on the said imports shall be introduced, increased or re-introduced by the Member States in question, to such an extent and for such a period as may be necessary to meet that situation. From 1 November 2014 to 31 March 2017, if members of the Council, representing: (a) at least three quarters of the population, or, (b) at least three quarters of the number of Member States. 28.5. (10) The declarant shall make the refund, (a) within 10 days after receiving a notice of rescission, if neither the purchaser nor the declarant has made an application for a determination described in subsection (5) or (8) respectively; or. With regard to Article 126, the Conference confirms that raising growth potential and securing sound budgetary positions are the two pillars of the economic and fiscal policy of the Union and the Member States. They shall be appointed by common accord of the governments of the Member States for six years. If the President of the Civil Service Tribunal is assigned to a chamber of three judges, he shall preside over that chamber. (7) The cost of an addition, alteration, improvement or change that the corporation makes under this section shall form part of the common expenses. When acting under the relevant Protocols, the Union institutions and the United Kingdom shall seek to re-establish the widest possible measure of participation of the United Kingdom in the acquis of the Union in the area of freedom, security and justice without seriously affecting the practical operability of the various parts thereof, while respecting their coherence.PROTOCOL (No 37)ON THE FINANCIAL CONSEQUENCES OF THE EXPIRY OF THE ECSC TREATY AND ON THE RESEARCH FUND FOR COAL AND STEELTHE HIGH CONTRACTING PARTIES,RECALLING that all assets and liabilities of the European Coal and Steel Community, as they existed on 23 July 2002, were transferred to the European Community on 24 July 2002,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,HAVE AGREED UPON the following provisions, which shall be annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union:Article 11. The Court of Justice shall consist of one judge from each Member State. 1. 1998, c.19, s.109(4). (2) An owner who, under subsection (1), is not entitled to vote may vote if the corporation receives payment of the arrears with respect to the owners unit before the meeting is held. The fourth paragraph of Article 3 and Articles 10, 11 and 14 shall apply to the Registrar of the General Court mutatis mutandis. Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 166 (4) of the Act is repealed and the following substituted: (See: 2015, c. 28, Sched. 1, s. 15. 1, s. 144 (8)), Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 177 (1) of the Act is amended by adding the following paragraph: (See: 2015, c. 28, Sched. 2015, c. 28, Sched. 1998, c.19, s.73(3). 1998, c.19, s.135(3). Where a reduction in the interest rate appears desirable in view of the nature of the investment to be financed, the Member State concerned or some other agency may grant aid towards the payment of interest to the extent that this is compatible with Article 107 of the Treaty on the Functioning of the European Union. (4) The board shall give the owners a notice of the meeting which shall include a copy of the proposed amendment. 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. 2015, c. 28, Sched. 18.2. The criteria for selecting such cases, as well as the procedures for designating the Advocates-General, shall be laid down in the Rules of Procedure of the General Court. 1998, c.19, s.134(1); 2000, c.26, Sched. Belgium wishes to make clear that, in accordance with its constitutional law, not only the Chamber of Representatives and Senate of the Federal Parliament but also the parliamentary assemblies of the Communities and the Regions act, in terms of the competences exercised by the Union, as components of the national parliamentary system or chambers of the national Parliament. Section 112 (1965), has authorized and encouraged compacts for cooperative efforts and mutual assistance in the prevention of crime. As far as possible, loans shall be granted only on condition that other sources of finance are also used.3. The compacting states also recognize that Congress, by enacting the Crime Control Act, 4 U.S.C. (ii) 30 days after the mediator selected under clause (a) delivers a notice stating that the mediation has failed. 9, s.2(1). (4) The board may at any time call a meeting of owners for the transaction of any business, and the notice of the meeting shall specify the nature of the business. (2) The condominium authority may appoint members to the Tribunal as part-time or full-time members for terms of up to four years or such other period that is prescribed. The unanimity of the members of the Council, with the exception of the representative of the government of Denmark, shall be necessary for the acts of the Council which must be adopted unanimously.For the purposes of this Article, a qualified majority shall be defined in accordance with Article 238(3) of the Treaty on the Functioning of the European Union.Article 2Pursuant to Article 1 and subject to Articles 3, 4 and 8, none of the provisions in Title V of Part Three of the Treaty on the Functioning of the European Union, no measure adopted pursuant to that Title, no provision of any international agreements concluded by the Union pursuant to that Title, no decision of the Court of Justice of the European Union interpreting any such provision or measure shall be binding upon or applicable in Denmark; and no such provision, measure or decision shall in any way affect the competences, rights and obligations of Denmark; and no such provision, measure or decision shall in any way affect the Community or Union acquis nor form part of Union law as they apply to Denmark.Article 31.

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