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.

Wasteland Definition Florida

By definition, wetlands are wet most of the time. This wetland was dry. The collection of cypresses, the dome, provided shade from the sun. We had to walk carefully through the cypress corpse, as the subsidence, where the earth sank under the roots, exposed the cypress` knee. Knees grow from the ground above the roots. With subsidence, the roots are exposed, so the knees on the way to the water were an uneven obstacle course. We piled into a sunny, open field covered with knee-deep grass. It cracked under our feet. But it was strangely quiet. There was no buzzing or squeaking of any kind. In the middle of the field, which protruded from the ground, was a water meter.

He looked out of place because the water he should have measured was gone. The staff came to see me with a small boat, paddles and fishing rods. This place was a demonstration of the “consequences” of well fields. We had pictures that we could show “before”. The elected officials had planned to sit in the boat and not be able to use their paddles and rollers. The largest bass caught in Florida came from Big Fish Lake. But the lake was gone. The ranch owners said he left when Cross Bar Wellfield`s pumps were turned on. It had been dry since 1990. Steve Monsees was a Green Beret colonel. He took a business trip to MacDill Air Force Base in Tampa and decided to stay because Pasco County had water. He bought a seven-acre plot of land in the center of Pasco which was his retirement paradise.

There was a 100-acre lake at the front and a pond at the back. There were many trees, but places where the sun was shining. There was also wildlife. He dreamed of great fishing. He regularly visited MacDill and his estate, but noticed changes, such as the lowering of the lake level. He didn`t think about what that meant, as periodic drought is everywhere, but by the time the Monsees moved in around Christmas three years later, the 100-acre lake in his front yard had all but disappeared. In December 1993, I became Director of Communications for the Southwestern Florida Water Management District (the District) when West Central Florida was facing one of the worst droughts ever. The district is the regional regulator of water supply in West Florida. Tampa Bay`s regional drinking water comes primarily from a huge underground reservoir, the Florida Aquifer. Precipitation replenished the aquifer, but in the early 1990s there was little rainfall, so the water table dropped with lakes, rivers and wetlands.

“Water shortage, perhaps?” Gilliam hopefully offered. The established territories of South Florida remained in constant contact with major powers such as the Republic of Texas and other small towns and city-states. It has large trade programs with many countries, mainly with slavery. Most importantly, most people will never associate wetland health with their water supply. They have no idea that when they turn on the tap, the water comes from somewhere – somewhere in nature. It`s a story about water and wetlands that tells us how to manage the resource we depend on most. It`s one thing to read a report about a dry or dead wetland or ask someone to tell you about it. But I had to see it for myself. Ted Rochow was the district director who oversaw wetlands in the field. He told me I could visit a wetland with him.

Along the way, Ted explained the changes seen over the course of a decade. He expressed concern about the wetland we would visit and its chances of survival. Ted`s job was to collect data. He is the author of Technical Report 94-1, The Effects of Water Bed Changes on Fresh-Water Marsh and Cypress Wetland in the Northern Tampa Bay Region. His data was incorporated into engineers` models to distinguish between pumps and the effects of drought. The Chair thanked Steve for his comments and moved on to the next agenda item when several Board members objected. Hours of debate followed, which ended with instructions to employees to “do something.” The republic consists of 5 territories and 2 small districts that the state considers highly radioactive, the St. Petersburg-Tampa Radiological Zone and the Miami-Dade Radioactive Zone. Each territory forms an independent country, united by the single federal government in Homestead AFB, to which they pay all taxes, in exchange the federal government provides protection and assistance. Peter told Harold that water levels were lower than ever, that he was worried about wetlands and that he wanted to work together on a water conservation program.

He asked me to explain our new “Do Your Part” program to highlight what businesses, residents and governments are doing for conservation. I told Harold that I would work with his staff to promote it. Although I did not know him, it was clear that he was selfless. I don`t remember his answer, but I do remember the impression I had: “Yes, yes, of course, of course, whatever.” Judy noticed that the lake level was dropping. At first, she didn`t think about it; It is native to Florida and Florida experiences periodic droughts punctuated by soggy rains. It seemed different. As the wetlands shrank, Judy noticed another thing: alligators that lived in wetlands were increasingly seen along the distant shore of the lake. Neighbors told him the lake had never been lower. This report: Northern Tampa Bay Water Resources Assessment Project (WRAP) contained a bomb. If a St.

A reporter from the Petersburg Times made an official request for the document, the district decided it was time to make it public, explain it and quell the hysteria that is sure to emanate from local governments. To save wetlands, according to the report, the amount of water in well fields should be reduced. She did not specify how or when this should be achieved. South Florida uses a system of personal process law. You can legally kill someone if they tried to kill you, didn`t pay off a debt, or hurt a loved one, but other than that, all disputes are resolved by a court system similar to that of pre-war Florida. The district produced a comprehensive report explaining where the area started, where it was located, and how to recover. They had to determine the “safe yield,” the amount of water that could be withdrawn from nature while preserving natural functions. There were 378 wetlands monitored. Data (new and historical) were aggregated, new measures and processes were developed, and new technologies were used. In recovery triage, wetlands were divided into areas that were restored, enhanced, more detailed analyses, not fully restored, and sustained impacts. At the time, one of the elected leaders said, “When you walk into the room, you have to leave your ego and your logo on the door.” He later admitted, “We never really left our logos.” Pasco has always represented their interests and Pinellas theirs. But eventually, those interests converged.

This convergence has led to regional investments in more new water supplies and wetland recovery. The district expected a drop in water levels when the Cross Bar pumps started. But an expected recovery in the cone of influence – the magic circle – never happened. The effects were severe and the cones of influence of the well fields overlapped with devastating environmental consequences and effects on the inhabitants. When pumping, coupled with drought, the environment could not withstand this. When Lady, the youngest of the Williams family, was needed, she was 18 months old, she loved water as much as her mother had hoped. “It could have been my toddler,” Judy thought. “No.

That had to change. The purpose of my comments today is simple: to inform you of the devastation caused by current water pumping practices at Cross Bar Ranch and to ask you to make the necessary changes to restore our private property to its natural state as soon as possible. I am not complaining today about the drop in the water level of the lake, but about the total and complete destruction of all the water resources of our community.

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