If the terms of the employment contract condition severance payments on compliance with the non-disparagement clause or unequivocally state that a breach of the non-disparagement clause will result in a forfeiture of severance or other benefits- the clause is optimized if the payments or benefits paid out to the executive director are paid out over a period of time.
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The Constitution's "speech or debate clause" bars the executive branch from executing a search warrant for non-legislative materials in the office of a member of Congress.
The contract said "negative publicity" due to "alleged possession, use or sale of banned substances" by riders or team personnel would constitute an "event of default, " as would a failure to take "action" if a rider violates a morals or drug clause.
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Options such as a buyout or sale of the partner's interest should be included in a buy- sell clause or, if complex, in a separate agreement.
Further claims could be based on the dormant commerce clause, Substantive Due Process, or the Equal Protection Clause.
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Profits-interest payouts will eventually cap out, so consider throwing in a non-compete clause or non-solicitation agreement for good measure.
By what stretch of the imagination (or the commerce clause), they ask, does the constitution give the feds the power to force citizens to buy insurance they do not want?
As peers debated the bill for a second day in committee on 1 November 2011, shadow home affairs spokesman Lord Rosser called for an annual review or "sunset clause" to be added to the bill.
Democrats did not include any provision or opt-out clause that would let states leave new Medicaid in the future or revert to Medicaid in its old form.
There are two ways of owning property jointly in Scotland - with or without a survivorship clause in the title.
This is because one of the QCs who delivered that opinion is the crossbench peer Lord Pannick, who's increasingly influential in swinging the crossbench vote for or against a particular clause of a bill.
In the absence of, say, a confidentiality or non-disparagement clause in a contract, court orders prohibiting the making of true statements are rare indeed, generally considered a violation of the free-speech provision of the U.S. Constitution's First Amendment.
But a student being informed about risks should not be just cause for a complete liability waiver for a university or the NCAA. This type of clause is best designed for adults of relatively equal bargaining power in a business transaction or at least where there is an employer-employee relationship.
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In short, we do not believe these cases endorse the view that an existing activity is some kind of touchstone or a necessary precursor to Commerce Clause regulation.
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There is no opt out clause by the players or owners, so assuming the players do sign off on the deal we are looking at 10 years of labor peace.
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But for you and me this case is not a theoretical exercise about federal taxing powers or the expansive use of the commerce clause.
Because the credentials and connections of the arbitrator are key, ask your employer to include a clause requiring disclosure of any interest or relationship he or she has with the employer.
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Your question is whether or not there are any limits on the Commerce Clause.
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The Eleventh Circuit discussed four cases that either limited or did not limit Congressional power under the commerce clause.
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It is hard to read the social clause of the World Trade Organisation, or the prominence of the child-labour issue, in any other light.
Non-Disparagement Clause- A non-disparagement clause, typically contained in a separation or settlement agreement, states that an executive director cannot say anything bad about the employer even if the commentary is true.
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Thus, Arizona courts have interpreted the gift clause to mean that if the state or one of its municipal governments gives money to a private business entity, the public must get something back of equivalent value.
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This is a clause placed so awkwardly as to create ambiguity or misunderstanding.
The new state law, passed in 1995 over the objections of almost every Democratic state legislator, came with an 18-month no-strike clause and made it easier to fire bad or burned-out teachers.
But he has no clause in his contract which guarantees release for training or playing outside of the International Rugby Board window.
Revolvers come with a "material adverse conditions" clause: If your business takes a dive (or even a dip), the bank has the right to review--and yank--your line.
The lower courts are in utter disarray on how to analyze a Commerce Clause challenge when faced with these different modes of delivery or business models.
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"We have built this team as a club over the past eight or nine months and we will seek as part of the compensation clause that no players will be able to leave for Norwich in the next season, " he said.
If a company doesn't meet the nexus requirement, the Supreme Court would have to change its opinion-a painstakingly slow and unlikely course of action-or Congress would have to make a revision under the Interstate Commerce Clause in order to tax the company's e-commerce sales.
This story and others also invariably contain quotes from environmental groups or anti-development activists who complain about the trade secret protection clause in the Texas law, but who also have expressed longtime support for a proposed federal law commonly referred to as the FRAC Act.
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