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.

Wilderness Area Laws

ARTICLE 6. (a) The Minister of Agriculture may accept gifts or bequests of lands in wilderness areas designated for conservation under this Act. The Secretary of Agriculture may also accept gifts or bequests of lands adjacent to wilderness areas designated as wilderness under this Conservation Act if he has notified the Speaker of the Senate and the Speaker of the House of Representatives sixty days in advance. The lands accepted by the Minister of Agriculture under this section are part of the wilderness area concerned. By-laws relating to such lands may be consistent with such agreements, consistent with the policy of this Act as adopted at the time of such gift, or with conditions consistent with, contained in, and acceptable to such bequest. The Wilderness Act 1964 (Pub.L. 88–577) was written by Howard Zahniser of the Wilderness Society. He created the legal definition of wilderness in the United States and protected 9.1 million acres (37,000 km²) of federal land. Following lengthy efforts to protect the federal wilderness and create a formal wilderness designation mechanism, the Wilderness Act was signed into law by President Lyndon B. Johnson on September 3, 1964, after more than sixty drafts and eight years of work. The Eastern Wilderness Areas Act added 16 national forest areas to the national wilderness preservation system and required 17 areas of the eastern national forests to be surveyed, and within 5 years, the Secretary of Agriculture was required to recommend additions to the wilderness system.

A power of condemnation has been granted. Congress discussed the question of adding areas that had been significantly modified. They chose to do so and refused to create a separate “Eastern Wilderness” category. Wilderness areas east of the Mississippi River are often referred to as the “wilderness of the East.” (2) Make public the records of such wilderness areas, including maps and legal descriptions, copies of the regulations governing them, copies of public announcements, and reports submitted to Congress on pending amendments, deletions, or amendments. Maps, legal descriptions and regulations relating to wilderness areas in their respective areas of responsibility are also available to the public at the offices of regional foresters, national forest inspectorates and foresters. (B) (hearings) hold one or more public hearings in one or more locations favourable to the area concerned. Hearings shall be announced in such manner as the Secretaries concerned deem appropriate, including notices in the Federal Register and in newspapers of major circulation in the territory: provided that, if the property in question is located in more than one State, at least one hearing is held in each State where any part of the land is located; Mardy was a powerful environmentalist herself and led the crusade to protect the Alaskan wilderness after Olaus` death. (d) (1) (Suitability) The Secretary of Agriculture and the Secretary of the Interior shall, before making recommendations to the President concerning the suitability of an area for wilderness conservation: The 21st century has been a mixture of wilderness.

In the early years, measures such as the Roadless Area Conservation Rule showed that America had not forgotten its core values of stewardship. Later, hundreds of thousands of acres were protected by special laws in Utah, Nevada, California and elsewhere, culminating in President Barack Obama`s passage of the Omnibus Public Land Management Act in 2009, which added more than 2 million acres to the national wilderness preservation system. SECTION 7. At the opening of each session of Congress, the Ministers of Agriculture and of the Interior shall report jointly to the President on the state of the wilderness system, including a list and description of areas of the system, applicable regulations and other relevant information, and any recommendations they wish to make. (c) A desert, unlike the areas in which man and his works dominate the landscape, is recognized as a space in which the earth and its community are not hindered by man, where man himself is a visitor who does not stay. A wilderness area is defined more broadly than in this Act as an area of undeveloped federal land that retains its original character and influence without permanent improvements or human settlement, that is protected and managed to preserve its natural conditions, and (1) generally appears to be primarily affected by the forces of nature, the imprint of human labour being essentially imperceptible; (2) has excellent opportunities for solitude or a primitive and unlimited mode of leisure; (3) owns at least five thousand acres of land or is of sufficient size to make its conservation and use practicable in its intact state; and (4) may also contain ecological, geological, or other features of scientific, educational, landscape, or historical value. (c) Except as otherwise expressly provided in this Law and subject to existing private rights, there shall be no commercial enterprise or permanent road in a wilderness area designated by this Law, unless it is necessary to meet the minimum management requirements of the area for the purposes of this Law (including necessary measures in case of emergency); affecting the health and safety of persons in the area), There shall be no temporary roads, no use of motor vehicles, motorized machinery or motor boats, no landing of aircraft, no other form of mechanical transport and no structure or installation in such an area. Aldo Leopold, a Yale-trained professor of wildlife management and founder of the Wilderness Society, worked with the Forest Service to protect the nation`s first wilderness area.

He also wrote A Sand County Almanac, the seminal book on land ethics. When the Wilderness Act was passed, it ignored land managed by the Bureau of Land Management due to uncertainty among policymakers about the future of these areas. The uncertainty was dispelled in 1976 with the passage of the Federal Land Policy and Management Act, which stipulated that lands managed by the Bureau of Land Management were to remain federal property and be reviewed between March 1978 and November 1980 for possible wilderness designation. [3] Some of the first-ever wilderness areas created by the Act include: Wilderness and Air Quality Managers work closely with state aviation regulators, EPAs and stakeholders to protect Class I wilderness from the adverse effects of new sources of pollution as part of the Clean Air Significant Deterioration Prevention Program Act. Managers may also certify existing deficiencies in Category I territories from existing sources. This obliges States to develop a plan to clean up pollution sources. The Clean Air Act also requires states to develop plans to reduce haze to natural background levels by 2064. Comprehensive monitoring of wilderness air quality levels is conducted across the country to fulfill the land manager`s responsibility under the Clean Air Act. (A) (publication in the Federal Register) publish the proposed measure as they deem appropriate, including publication in the Federal Register and in a newspaper of wide circulation in the area or areas adjacent to the country concerned; (1) Within one year after this Act comes into force, submit a map and legal description of each wilderness area to the Committees on Home Affairs and Insular Affairs of the United States Senate and House of Representatives, and such descriptions shall have the same force and effect as if they were contained in this Act, The correction of typographical and typographical errors in these descriptions and legal maps can be done: become. Since then, however, congressional partisanship has led to an inertia that belies our conservation heritage. As we prepare to commemorate the passage of the Wilderness Act of 1964, we are also facing a time when legislators have made little use of the framework of that law to protect public lands. Indeed, potential wilderness areas across the country are now in a precarious position, despite the mandate of ordinary Americans, who made clear their love of public lands during the two-week government shutdown in 2013.

(1) In wilderness areas designated by this Act, the use of aircraft or powerboats, to the extent that such uses have already been established, may be continued, subject to such restrictions as the Minister of Agriculture considers advisable.

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