The Executive further agrees that if any part of the agreements set forth in this Agreement or its application is construed as invalid or unenforceable, then the remainder of the Agreement or Agreements shall be in full force and effect without regard to any invalid or unenforceable portions thereof. But some redundancy phrases are so common that you might as well point them out. Today I talked to a friend about power and effect. I then checked EDGAR and found that the phrase appeared in 2,991 "substantive contracts" filed last month. This makes power and effect an integral part of the contractual landscape. Garner`s Dictionary of Legal Usage says it has "become part of the legal idiom." 11. Governing Law; Divisibility. This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal or unenforceable, the parties agree that the court shall have the authority to modify, amend, or alter such provision(s) to make the Agreement legal and enforceable. If this Agreement cannot be modified to be enforceable, except for the general disclaimer, this provision will immediately become null and void, so that the remainder of this Agreement will remain in full force and effect. If the general wording of the release is found to be illegal or unenforceable, the Board member agrees to make an appropriate binding replacement release or, at the request of the Company, to return amounts paid under this Agreement. The protesters went into effect when the president arrived in Stockholm. "Power and effect." Merriam-Webster.com Legal Dictionary, Merriam-Webster, www.merriam-webster.com/legal/force%20and%20effect.

Retrieved 11 October 2022. If for any reason any provision of this Agreement or part of a provision is held to be invalid, . and each of such other provisions and parts thereof shall remain in full force and effect in accordance with the law. Garner suggests that "the emphasis on force and effect may justify the use of the term, in drafting (treaties and statutes) rather than in court opinions." But this ignores the nature of contract language – it serves to convince anyone of anything, so this kind of emphasis has no place in a contract. This warranty will remain in full force until .. 7. Governing Law and Interpretation. This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions. Any action to enforce or violate this Agreement shall be subject to the exclusive jurisdiction of the Circuit Court located in and for Palm Beach County, Florida.

If any provision of this Agreement is held by a court of competent jurisdiction to be illegal or unenforceable and cannot be modified to be enforceable, except for the general release provision, that provision shall immediately become null and void, and the remainder of this Agreement shall remain in full force and effect. The parties acknowledge that this Agreement is the result of negotiations and agree that it shall not be construed against any party on the basis of sole authorship. The parties agree that in any dispute relating to this Agreement (as determined by the competent court(s)), the prevailing party shall be entitled to recover its reasonable attorneys` fees and related costs, including attorneys` fees and costs associated with an appeal. Appropriate force is the degree of violence that is appropriate and not excessive to defend one`s person or property. A person who uses such force has the right to do so and is not criminally or civilly responsible for the conduct. and each of the agreements and obligations contained in the loan agreement and other loan documents is hereby affirmed with the same force and effect as if each had been separately set forth herein and entered into as of the date of this agreement; But the ubiquity of the phrase cannot hide the fact that you`d better get rid of violence and/or full force, as the case may be. 5. Agreement in force and in full effect. Unless expressly modified by this Second Amendment, the terms of the Agreement shall remain in full force and effect, and the Agreement as modified by this Amendment and all of its terms, including, but not limited to, warranties and representations, are hereby ratified and confirmed by the Trust and Daylight Saving Time from the Effective Date.

The expression is used without force or effect and with the same force and effect, but more often than not, you see it in full force and effect.

In addition to the general principles of good labour relations practice, dismissals, reductions and severance payments are governed by the provisions of the Reduction and Severance Pay Act. The provisions of this Act apply only to employees who meet the legal definition of "employee" under the Industrial Relations Act and who have completed at least one (1) year of service. Employment contracts are governed by the principle of contract law according to which a contract cannot be modified without the consent of the opposing party. Therefore, caution should be exercised when drafting all employment contracts. In addition, appropriate procedures should be followed when it becomes necessary to renegotiate any aspect of the employment relationship. In addition to the employment contract, certain terms and conditions of employment and/or obligations and rights of the employer and employee may also be required by statute or implied under common law, including those relating to, for example, minimum wage, severance reductions and severances, maternity leave, and health and safety. In addition to its political stability, strategic location and significant natural resources (especially natural gas), Trinidad and Tobago is attractive to foreign investors because of its skilled and productive workforce. The population is educated and has a high level of literacy. As the most industrialized Caribbean nation, Trinidad and Tobago has an experienced workforce in various activities, including all aspects of the oil, gas and petrochemical industries. An arbitral award or a decision of the Labour Court may be challenged only on the grounds that the Labour Court did not exercise its jurisdiction or exceeded its jurisdiction, that the order was obtained fraudulently, that it was vitiated by an error of law or that there was a specific illegality in the course of the proceedings. The Labour Court`s finding that an employee was dismissed in circumstances that were not in accordance with the principles of good labour relations practice is not subject to appeal. If the court finds that an employee was wrongly dismissed, it may award the employee reinstatement and/or financial damages, including damages and punitive damages.

The Labour Court has the power to make an award which it considers fair and just, having regard to the interests of the persons directly concerned and the community as a whole, the merits of the case before it and the principles of good labour relations practice. The Act also provides for mandatory mediation of labour disputes between an employer and its employees concerning the dismissal, employment, non-employment, suspension, refusal of employment, reinstatement or reinstatement of such workers and includes disputes relating to conditions of employment. According to the law, a labour dispute can only be initiated by (i) the employer, (ii) the majority recognized union for the collective bargaining unit to which the employee belongs, or (iii) if there is no recognized majority union, a union in which the employee(s) involved in the dispute are honourable members. For employees who do not belong to a trade union or for matters that do not fall within the jurisdiction of the Labour Court, disputes are usually settled amicably or by a traditional action for termination of the employment contract. The Labour Court established under the Industrial Relations Act has jurisdiction to hear and resolve "commercial disputes" between an employer and its employees, including disputes relating to the dismissal of employees, through compulsory arbitration. The Court shall exercise its jurisdiction in accordance with the principles of fairness, good conscience and good practice in industrial relations. However, this specialised court does not replace the traditional jurisdiction of the High Court for actions for breach of contract of employment or unfair dismissal. Ideally, employment contracts should be in writing, but there is no general rule to that effect. In practice, they are often done partly orally, partly in writing. Often, the basic terms and conditions of employment are set out in a letter of appointment, which usually includes a job description or an indication of the duties required, as well as a general provision that the employee must perform all other necessary duties.

If workers are represented by a recognised majority trade union, the terms of a collective agreement between the employer and the union may also govern the employment relationship. In addition to this general customary legal obligation, the Occupational Safety and Health Act (OSHA) establishes a legal framework for occupational health and safety. The scope of the law goes beyond traditional industrial operations to include stores, offices and other workplaces. The employer has a general customary duty to take reasonable care of the safety of its employees during the period of their employment, including the obligation to provide competent personnel, appropriate facilities and equipment, a safe workplace and a safe work system. Compliance with these regulations is critical because, in addition to certain criminal penalties, OSHA gives workers the right to refuse work if there is a danger to safety or health. Health, safety, health and safety, occupational health and safety Under the Workers` Compensation Act, an employer is required to pay compensation for injury or death to an employee as a result of a workplace injury. The value of this benefit is calculated according to a prescribed formula and depends in part on a medical assessment of the worker`s permanent partial disability. In the event of death or serious and permanent incapacity, the employer remains liable, even if the accident may have been caused by serious and intentional misconduct on the part of the employee. The amounts payable for workers` compensation are relatively modest. However, paying workers` compensation to an employee does not preclude the employee from bringing any other action he or she may have against the employer (for example, negligence).

However, in determining the compensation due to the worker, the Court takes into account the amount paid to him as workers` compensation. The Act prohibits discrimination on the basis of "status," which includes: (i) sex (but not sexual preference or orientation), (ii) race, (iii) ethnic origin, (iv) origin, including geographic origin, (v) religion, (vi) marital status, (vii) disability (including mental or mental illness or disorder). Age is not a category protected by law. Discrimination occurs when an employer treats an employee or potential employee less. However, the regulation does not apply to employees who receive an hourly rate of at least 1.5 times the minimum wage. Explanatory memorandum - Nationality, Immigration and Asylum Act 2018 Contributions are calculated on the basis of a formula set out in the Social Security Act. Essentially, the legislation sets out several "categories of earnings," each of which involves "assumed average weekly earnings." Earnings include more than salary or base salary, but include acting allowances, overtime, scholarships, allowances, commissions, production or efficiency bonuses, on-call service payments, hazard or dirt allowances, and dependents` allowances. The contribution payable for an individual employee is based on the assumed average weekly earnings of the class to which the individual employee belongs and a statutory rate adjusted from time to time. Effective September 2016, the legislated rate was increased to 13.2% of insurable earnings. Although these conditions are prima facie void because they are contrary to public policy, they may be enforceable if they are proportionate both between the parties and in the public interest. A restriction that purportedly takes effect after the termination of the employment relationship is not appropriate unless it protects certain legally recognized property interests of the employer. Even where those recognised interests are concerned, the restriction imposed on the employee must not exceed what is reasonably necessary to protect that interest, failing which they shall be null and void.

The terms of the employment contract should be carefully considered, as they clarify many important issues, such as the notice period required for dismissal and the conditions that the employer deems necessary to protect its intellectual property rights and trade secrets. Where appropriate, the contract may contain restrictive agreements prohibiting a former employee from setting up a competing business or working for a competitor in a given territory for a certain period of time. MOTOR VEHICLES AND ROAD TRAFFIC ACT (ENFORCEMENT AND ADMINISTRATION) CHAPTER 48:52 Current authorized pages Authorized safety: This includes regulations on the supply of clothing and protective devices, dust and smoke suppression, and machinery protection; The Equality Act generally prohibits employers from discriminating against employees or prospective employees on the basis of their gender, race, ethnicity, geographical origin, religion, marital status or disability.

No Man`s Land Rules

You only have ten minutes to move so many tennis balls from the start line to the finish line and through no man`s land, using your ingenuity and the resources provided. Sometimes these border areas are a few kilometers wide, sometimes only a few centimeters, but they are wider where generally precise and agreed national borders, generally considered as a single line in space, are disputed or exist between hostile nations. On the Korean Peninsula, the demilitarized zone separates north and south, cutting a 2.5-mile-wide and 160-mile-long no-man`s land across the 38th parallel. Both sides of the area are heavily guarded, and the empty space between the two is equipped with sensors, booby traps and landmines. It is completely deserted, except for two “peace villages” symbolically left in space from which both governments have withdrawn since the armistice of 1953. The villagers of Daeseong-Dong, which is administered by South Korea, technically have South Korean citizenship, but they are exempt from taxes, military service and other civic duties. The North Korean village of Kijong-dong is not even inhabited, but an elaborate concrete stage equipped with automatic lights to give the buildings an inhabited and prosperous look. Outside of these two enclaves, flora and fauna have replaced human activities, turning the DMZ into a strange nature reserve, an extremely rich basic sample of species cut through various ecosystems that is home to several endangered bird species and an endangered breed of tigers. Natural vegetation has slowly erased all signs of culture and war.

No man`s land is garbage or land without property, or an uninhabited or desolate area[1] that can be disputed between parties who leave it unoccupied by fear or insecurity. The term was originally used to define a disputed area or a dump between fiefdoms. [2] In modern times, it is often associated with World War I to describe the area between two enemy trench systems that are not controlled by either side. [3] [1] The term is also used metaphorically to refer to an ambiguous, anomalous or indeterminate domain in relation to an application, situation[4] or jurisdiction. [5] [6] It was sometimes used to name a specific place. [1] Not only were the soldiers forced to cross the no man`s land during the advance and, if necessary, the retreat, but after an attack, the stretcher-bearers had to enter it to bring the wounded. No man`s land remained a regular feature of the battlefield until the end of World War I, when mechanized weapons (i.e. tanks) made the entrenched lines less of an obstacle. In March 1988, the two Berliners agreed to exchange various abandoned properties on both sides of the wall, including the triangle that was to be part of a highway in West Berlin. As soon as the agreement was announced, a group of West German squatters settled in the triangle and set up a barricaded camp that declared itself outside the laws of the two governments. West Berlin police, unable to enter the area, asked East German police to evict the squatters and push them west, but they refused, citing the wall as the limit of their jurisdiction.

West Berlin then asked the Americans or the Soviets to exercise their de facto authority as occupying powers and drive out the camp, but they too refused, perhaps for fear of anything in the border area that could bring the two superpowers into a direct confrontation. While the occupation of the Lenné Triangle is a beautiful anecdote about the radical potential of the border areas, the eastern side of the wall reveals more of its true nature. The East German border guards could have welcomed the West Berliners over the wall – no doubt anxious to embarrass their urban counterparts – but they ruthlessly prevented the East Germans from reaching the West. The wall was built to prevent such defections, and from its concrete height to a temporary eastern boundary, there was a 300-foot “death strip” where movement was prohibited. This band also stretched between East and West Germany from the Baltic Sea to Czechoslovakia. Border guards in overlapping towers have been accused of preventing “violations of the border area” by any means, including gunfire. The area was covered with various booby traps and landmines which, together with the shootings, killed several thousand people during the duration of the border. One of the best-known cases was Peter Fetcher, an 18-year-old East German construction worker who crossed the dead strip to Check Point Charlie in West Berlin. He was shot in the side and entangled himself in the last meters of barbed wire, still alive but trapped in this lower region. Guards on both sides refused to enter the Gaza Strip, and it was only after she bled to death that an East German official came to retrieve her body. The spaces between national borders are like Matta-Clark`s shards of property: their anomalous existence suggests the whole system that created them.

Just as New York City allocates every piece of land for usable value, borders and integrates the territory with laws and sovereignty. In the Middle Ages, borders were vast territories of diminishing or overlapping authority, far from the sovereign seats of power. People could easily pass through different areas without passing through demarcations or checkpoints. The rise of the liberal state and advances in mapping solidified borders into exact lines and compressed this indefinite border area into a narrow, liminal space. While sovereignty has always been defined by its territory, the rigid definition of borders is a fundamental (and fundamental) aspect of the modern state. But even precise borders inevitably leave slight cracks between nations. Shelling was not as frequent at the front as at the rear due to the proximity of the enemy. Trench mortar fire and rifle grenades were our bogeymen on the front lines.

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