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." Legal Dictionary, Merriam-Webster,

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.

On Deep Background Definition

In Advocacy Assembly`s latest course on interviews for investigative journalists, we break it down for you and give you a glimpse of when it`s good to leave the file, the record, and the background. “Context,” which is sometimes referred to as “unattributed,” means that the journalist can cite the source directly, but cannot attribute statements by name to the source. The journalist can describe the source by his position. Patrick E. Tyler of The New York Times used background sources for an article that exposed U.S. military aid to Iraq during its war with Iran. Tyler reported that the U.S. secretly provided Iraq with intelligence and battle plans, even though U.S. officials knew Saddam Hussein was using chemical weapons against Iranian troops and civilian rebels in Iraq. Much of Tyler`s story has been attributed to “senior army officers with direct knowledge of the program” or “former Defense Intelligence Agency officers” who were only willing to speak on the condition that they were not identified. About “context,” Patel writes, “this means that you can talk to us and we will not specifically identify you, but rather use a description such as “company spokesperson.” Experienced journalists and sources have developed an abbreviation to describe how well the identity of the source can be revealed and how much of what the source says can be made public. This abbreviated system recognizes four levels of assignment: on the disk, on the background, on the deep background, and outside the folder.

Patel then clarified the definitions of “on file” and “background.” Columns: Was Scooter Libby prosecuted for leaking Valerie Plame`s affiliation with the CIA? Lee: No. Fitzgerald faced difficult tasks to prove that Libby knew Plame was an undercover agent and that Plame`s work at the CIA met the legal definition of an undercover agent. Libby was prosecuted for lying to the grand jury about her conversations with reporters. Libby is the first person in our nation`s history to be convicted of lying about confidential conversations with journalists. Libby`s trial and conviction hit Washington like a bombshell. Columns: Why the title “Deep Background”? Lee: “Deep background” is a term often used by officials at the highest levels of government who want to leak information to the press without attribution. This material may be published provided that the source or manner in which it was obtained is not indicated. Other terms commonly used between journalists and their sources are “for the record”, meaning that the material can be used in a direct quote and the source can be identified; “Context” material can be used in a quote, as long as the source is not named, but by terms such as “senior White House official.” Documents that cannot be published are called “off the record”. To avoid confusion and trouble, sources and journalists should assume that everything is recorded unless there is communication between the two.

And to further avoid confusion and problems, yes, all agreements on “on the record” and “on the merits” should be made before the source says anything. Patel writes, “From now on, the default setting for communications professionals and people speaking to The Verge in an official capacity will be `on the record.` We will always comply with certain requests to be in the background, but at our discretion and only for specific reasons that we can communicate to readers. “4. Deep context: Information can be used, but without attribution. The source does not want to be identified in any way, even on condition of anonymity. Splitting: How often do leaks occur? Lee: Federal employees with access to classified information receive extensive training on the protection of that information and the penalties for unauthorized disclosure. Nevertheless, classified information is so regular that it is often described as a common method of communication through government. Chronicles: But don`t most leaks have good intentions? Lee: The image of the leaker as a brave soul exposing corruption — an image deeply rooted in our pop culture and vividly exemplified by Watergate`s “Deep Throat” — is incomplete and misleading. Leaks have a variety of motives and not all of them are good; As federal prosecutor Patrick Fitzgerald argued before the Libby jury, the flight can be a form of retaliation for government critics. When journalists use basic information, they try to describe the source as fully as possible. To say that the information comes from a “government employee” does not make sense.

The statement that the source is “a staff member of the House Appropriations Committee” gives readers more information. Sources often try to keep the identification as vague as possible; Journalists try to make it as accurate as possible. Because of this tradition, journalists were surprised to learn of a deal that Judith Miller, then a reporter for the New York Times, had made with I. Lewis Libby, chief of staff to Vice President Dick Cheney. Libby provided Miller with classified information that he hoped would refute claims that the Bush administration had inflated the threat that Saddam Hussein`s Iraq possessed weapons of mass destruction. Libby said the information could only be used in the background. Miller said she would identify him as a “high-level administrative source,” but Libby insisted he be identified as a “former Hill employee.” That was technically correct; He had served in Congress in the late 1990s. Nevertheless, the identification required by Libby would be misleading. Miller agreed to Libby`s request, but later said she planned to renegotiate the award. Miller never wrote about what Libby told him, and the story of his deal was revealed in the federal grand jury investigation into leaking the identity of a CIA agent. “About the background” can be particularly challenging, prompting The Verge to change its policy regarding “background” reporting.

Editor-in-chief Nilay Patel wrote about it in an article published Wednesday on The Verge`s website. “On a deep background” is a variation of the background. This level of attribution is sometimes referred to as the Lindley Rule, named after Ernest K. Lindley, a Newsweek columnist who used it during the Harry Truman administration to persuade U.S. leaders to discuss military and diplomatic matters. A source on a deep background cannot be cited directly and cannot be identified in any way. A journalist must publish the information without attribution or with a sentence such as “We learned this”. If journalists do not have a high level of confidence in the source and in the information and approval of their superiors, they should stay away from information given on a deep background.

Patel went on to essentially say that companies simply can`t start an email with “in the background” or “off the record” or “not for attribution” and automatically assume that anything that comes after it won`t be used or specifically sourced. Patel stresses that terms must be agreed upon before information is shared. In a conversation Wednesday at the Paley International Council summit with NBC Nightly News host Lester Holt, NBCUniversal News Group president Cesar Conde said, “Most likely, we saw the news that came out (Tuesday) about Brian Williams, and you know, we love Brian, and we`re very grateful for all the incredible contributions. which he has done over the past few decades, and we wish him very, very well in this next chapter. But during these natural transitions, we have incredible opportunities that have opened up for the exceptionally deep bank of journalists that we have at News Group. “Off the record” is the last level of attribution. This usually means that information from a source cannot be used, but this is often misunderstood. Some people say they are talking behind closed doors, when they really mean they are talking about the context. In addition, journalists and sources sometimes disagree on what exactly “off the record” means. The State Department`s Office of Press Relations said journalists are not allowed to use unofficial information in any way. However, journalists sometimes use unofficial information to lead to other sources.

Almost all secrets are known to several people, sometimes hundreds of people. Once journalists know what they`re looking for, they can usually find public documents or sources that can review the information in the file or in the background. Some journalists refuse to listen to unofficial statements. If you can`t publish or disseminate the information, why listen to it? Others see it as an opportunity to better understand official thinking.

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