Archives for February 2022

February 22, 2022 - No Comments!

Is the Paris Climate Agreement about Paris

The Paris Climate Agreement, also known as the Paris Agreement, is a legally binding international treaty on climate change. It was adopted by 196 parties at the 21st Conference of the Parties of the United Nations Framework Convention on Climate Change (UNFCCC) in Paris in December 2015, hence its name. However, despite its name, the Paris Agreement is not just about Paris, nor is it solely focused on mitigating climate change in the French capital.

The Paris Agreement`s main goal is to limit global warming to well below 2 degrees Celsius above pre-industrial levels, and ideally to 1.5 degrees Celsius, in order to prevent the worst consequences of climate change. To achieve this, countries pledged to reduce their greenhouse gas emissions and to enhance their adaptation efforts to cope with the impacts of climate change. Each party`s contribution to the global effort is called a nationally determined contribution (NDC), which they submit every five years and are expected to increase over time.

The Paris Agreement also includes provisions for financial assistance to developing countries, technology transfer, and capacity building, to help them transition to low-carbon, climate-resilient economies. It establishes a transparency framework to track progress towards the global goal and to ensure that countries are accountable for their actions. It also recognizes the importance of preserving and enhancing sinks and reservoirs of greenhouse gases, such as forests and oceans.

The Paris Agreement`s name reflects the fact that it was negotiated and adopted in Paris, a symbolic city that represents a universal heritage, a hub of diplomacy, and a place where people from all over the world come together. The agreement`s adoption in Paris marked a historic moment in the global response to climate change, as it demonstrated a high level of political will and collaboration among countries with diverse interests, histories, and cultures. However, the Paris Agreement`s scope and impact go beyond Paris, as it seeks to address a global challenge that affects every country and every person.

In conclusion, the Paris Climate Agreement is not about Paris per se, but rather about the collective action of all countries to limit global warming and to achieve a sustainable future for all. It is a testament to the power of multilateralism, cooperation, and solidarity in the face of a daunting challenge that requires a global response. As such, the Paris Agreement remains a crucial instrument in the fight against climate change, and its implementation and enhancement are vital to ensure a safe and prosperous future for our planet.

February 22, 2022 - No Comments!

How Do Football Players Contracts Work

Not as much as today. Before 1995, many European clubs had quotas for foreign players. This year`s Bosman ruling banned restrictions on EU players, opening up a competitive international market. Transfer fees have started to rise, as has the number of foreign players. In 2016, almost 70% of English Premier League footballers were expatriates. One way agents make their money is through agent fees, which are included in players` contracts. This is usually a percentage of the player`s income, so the agent negotiates the highest salary for his player, but also acts in his own interest by trying to earn more commission. Sacramento-based David is looking for an introduction to how NFL contracts work as teams move toward free agency and mandatory adherence to the $123.9 million salary cap. The most well-known form of guaranteed silver is guaranteed for injuries.

Injury guarantees come into effect when a player is licensed but is unable to participate in football activities or overtake a player accompanying the body. If a player is licensed and this condition is met, the player is entitled to money protected against injury. If a player has guaranteed money for injuries and is healthy, then the money guaranteed for injuries is lost when the player is cut. These two things are the main ways GMs manage the cap through contracts. So it should be pretty clear when you look at a contract now what the impact is on the cap, as long as you know the signing bonus, annual salaries and the number of years in the contract. The concept of a football transfer first appeared in England after the Football Association (FA) introduced player registration some time after 1885. Previously, a player could agree to play one or more matches for a football club. After recognising professionalism in 1885,[2] the FA tried to control professional players by introducing a player registration system. Players had to register with a club each season, even if they stayed with the same club as the previous season. A player was not allowed to play until he was registered for this season. Once a player was registered in a club, he was not allowed to be registered or play for another club in the same season without the permission of the FA and the club that made his registration. However, players were free to join another club before the start of each season, even if their former club wanted to keep them.

In 2012, Scotland`s Rangers team received a 12-month registration ban from the Scottish Football Association for breaching Rule 66, bringing the game into disrepute. This meant that Rangers could still transfer players to the club, but they could not be registered with the governing body. This happened after the Rangers entered the administration. [292] A judge of the Court of Session had ruled that the Scottish Football Association (SFA) had acted beyond its powers when it imposed the one-year transfer ban on Rangers,[293] but Rangers accepted the ban as a condition of membership in the Scottish Football Association. [294] Also in 2012, fellow Scot Hearts received a two-month suspension for failing to pay the salaries of six first-team players and coach McGlynn on time. [295] In 2013, they were banned for eight months from joining the administration, meaning new players could not register with the club until February 2014. [296] The following tables show the highest transfer fees ever paid in euros for players and managers. The first contains the top 20 most expensive transfers with players and includes eight transfers that broke the world transfer record: those of Neymar in 2017, Paul Pogba, Gareth Bale, Cristiano Ronaldo, Zinedine Zidane, Luís Figo and Hernán Crespo all broke the record. The cap gets really tricky when you LOSE players because where they are in the duration of their contract determines what happens to the salary cap. Most NFL contracts can include the following: When teams sign players, contracts are often initially reported at a high level: The Vikings sign Kurt Cousins for a 3-year/$87 million contract! But this high-level information really says nothing about the risk each party takes, nor about the likelihood that this total amount will ever be paid. This is crucial to understanding whether a contract is good or bad. Under FIFA rules,[259] when a professional footballer moves to another club as part of a contract, 5% of any transfer fee, including the training fee paid to his or her former club, will be deducted from the total amount of that transfer fee and distributed by the new club as a solidarity contribution to the club(s) involved in his or her education and training over the years.

In December 2012, English club Bury was banned from transfer after the club took out a short-term loan with the Professional Footballers` Association (PFA). [297] The ban was lifted in January 2013 after repaying the loan,[298] but in February they received a second embargo after receiving another loan from the PFA. [299] This embargo lasted until May 2013, when the club was taken over by Stewart Day and the loans were repaid, after which the club was relegated to League Two and forced to release 16 players. [300] "I hear teams releasing players to stay below the ceiling, but what happens to the player`s contract?" asks David. "Is the treaty disappearing? Does the team that releases the player ever have to pay anything during the term of the initial contract? If a player is guaranteed $25 million but only received $10 million before he was fired, does the releasing team owe that player the $15 million that was not paid? Sometimes contracts contain unusual clauses. When Stefan Schwarz joined Sunderland in 1999, he made it clear that he would be interested in one day travelling to space, so the club quickly included a galactic travel clause in his contract. The first and most important aspect of football contracts is salary or salary. In the case of football contracts, this is often expressed as a weekly salary and not as an annual salary. The average salary in the Premier League is £61,000 per week (before taxes). This has increased by over £10,000 over the last 2 seasons, which shows the rapid growth in players` salaries as well as the increase in transfer fees.

The average player in other leagues in Europe earns much less per week, which shows why the Premier League draw is so strong for all players. Simply put, a transfer is what happens when a player who is under contract with one club moves to another. .

February 22, 2022 - No Comments!

Horse Sale Contract with Payments Uk

If you have any problems with horses, whether or not they are related to the missal of a horse, please contact our specialized service in horse law by contacting us on equine@ellisjones.co.uk or by phone at 01202 057732. 6. Warranties. In many cases, horses are sold without the seller having any promises of ability or fitness. As a seller, you want your contract to say, "This horse sells `as is`, without any warranties or representations regarding fitness and future performance" (this is a disclaimer). When drafting contracts for the seller, I also insert a provision stating that previous oral statements or claims by the seller, unless included in the written contract, are not binding. However, if you are the buyer and there is an oral statement from the seller that you relied on when making the purchase decision, make sure that this statement is included in the contract. It is common to offer the right to have the horse examined by a veterinarian instead of offering a guarantee of solidity. In this case, the contract should read as follows: "In exchange for guarantees, the seller offered the buyer the opportunity to have the horse examined." The main problems when selling horses often come from the characteristics of a horse that are described, such as the claim that the horse is safe in traffic. If a clause is included in the contract that lists the characteristics of the horse, neither party can claim an alternative story later.

Everything that is agreed between the parties must be included in the contract. The recent release of the British Equestrian Trade Association`s 2011 National Equestrian Survey reminds us that buying a horse will inevitably be a significant investment, both financially and emotionally, whether as a hobby or as a profession. Once everything is set in writing and the price is paid, all you have to do is have a notary public who will make it official and secure the sale against possible fraud. You can usually find a notary public in your local or district offices. Congratulations – you are the new owner of a horse! It is a legally binding document. In fact, you will need this document if there is a dispute about who is the true owner of the horse, or if questions arise about its ancestry. 3. Date of sale. This becomes especially important when it comes to a subsequent dispute: in many cases, the date determines when a warranty or limitation period begins to run.

It could also have tax implications for the calculation of capital gains and depreciation. Are you a horse breeder, a breeder or looking for a horse that you can show in a particular discipline? Or are you just looking for a family horse for the kids? There are many different horses and it is important to know what type of horse you want to buy. 5. Risk of Loss. Indicate when the buyer will take responsibility for the horse`s injury or death, injury and care. As a general rule, the risk of loss passes either at the signing of the contract or when the buyer takes possession of it, but it is important to agree on the details. 1. Identify the parties. These are buyers and sellers, including addresses, phone numbers, and federal tax or social security identification numbers. The seller of the contract must be the same person or persons as those indicated on the horse`s registration documents.

If the seller and the registered owner are different, the seller`s power to sell the horse could be called into question. If a partnership or partnership owns a horse registered in a breed register, the register may require the signature of one specific person or more than one person. When registering, inquire about the property or signatures required. The Deed of Sale of Horse or "Equine" is a legal document that describes a transaction between two (2) parties relating to the purchase/sale and therefore the change of ownership of a horse. If the pet needs a health check before a full purchase, it is likely that a deposit will be required. If the parties proceed with the sale of the animal, the amount of the deposit will be deducted from the balance due. The implicit conditions that the horse is of satisfactory quality and fit for use do not apply if the purchase is made by a private seller. The legal maxim "Let the buyer be wary" applies, which means that the buyer must do their own research to ensure that the horse is of satisfactory quality and fit for purpose. The buyer may be able to invoke section 13 of the Sale of Goods Act 1979 by proving that the horse does not conform to the seller`s description (if any).

There may also be a right to misrepresentation. In order to prove that there is a false declaration, the buyer must prove that there is a false declaration of fact by the seller that led him to conclude the contract. The false statement must objectively be significant and the buyer has relied on it. If the Buyer can successfully claim that the horse does not conform to the Seller`s description or that there is a false declaration, the Buyer is entitled to withdraw from the contract and, in certain circumstances, to obtain compensation for losses caused by the conclusion of the purchase contract. It may be that the description of the seller of the horse cannot be found or otherwise proven. For example, the advertisement placed for the sale of the horse may have been lost or the seller`s verbal description may have been forgotten or rejected. This would make it difficult to successfully argue that the horse did not match its description, as the court could not be sure of the description with which to compare the horse. In addition, as stated above, there are more elements that must be fulfilled with regard to a false allegation of misrepresentation than a claim under the implicit conditions in terms of fitness for purpose and satisfactory quality for a trader. If the buyer is unable to prove a violation of section 13 of the Sales of Goods Act 1979 or a false declaration, it is unlikely that he will have recourse against the private seller if he discovers that the horse has a defect or other problem. This highlights the importance of recording the purchase contract in a written contract that expressly offers the buyer additional protection.

7. Pre-emption control. If the buyer decides against the pre-emption check, attach a note to the contract stating that the buyer has refused to have a pre-emption test performed on the horse. This documentation helps protect the seller if the untested horse appears lame shortly after the sale, unless the seller lied when answering direct questions about strength. Whenever you plan to sell, buy or transfer a horse from one person to another, you will need a horse sales list. This sales document is important to describe everything related to the purchase and transfer. When buying the horse, make sure you get a receipt for your money and you can also consider a purchase contract. The purchase contract must include the conditions under which the horse was purchased. You can choose the following: It is important to see the horse first hand before buying. Look at how the owner handles the horse, treat it yourself and ride it if possible. Find out about his history, if he has any injuries or health problems, and if there`s anything else you should know about it.

Also ask a veterinarian to check his health. It`s also a good idea to bring an experienced friend or coach. It is always better to have a veterinarian who gives a physique of the horse and makes sure that he has no problems before buying. With a horse deed of sale, sales are as they are. You don`t want to spend a lot of money on an unhealthy horse. Please note that every purchase of a horse is different and you should not rely on this article to replace the use of legal advice tailored to your situation. If you want to draft a contract for a horse you want to buy or if you have any questions about buying a horse, our Equine/Bloodstock team would love to hear from you. If you have any questions, please contact Polly Langford on 01603 610911 or email info@leathesprior.co.uk. This article highlighted the importance of designing a formal contract in such a way that it offers the buyer a level of protection that reflects the importance of the purchase made. Leathes Prior is able to design a contract tailored to the individual needs of those who buy a horse, whether for business or pleasure. Among other things, the agreement should: Once you are convinced that the horse is what you were looking for, it is important to record the conditions under which you accepted the purchase in a written contract. Although the industry works to a large extent on the basis of verbal agreements and these are legally binding, you should bring the horse home and find that it is not as you expected, either physically or in terms of temperament, then you will have a hard time proving what has been agreed verbally and may have limited options (if any), to resolve the situation.

You should see the horse several times to make sure it is healthy and suitable for you. If possible, ask the seller if you can bring the horse home on a trial basis. Most will agree and you`ll be able to make sure it`s good for you. The most important tip to protect yourself (both the buyer and the seller) is to make sure you put everything in writing. This may seem too simple, or you may think it will never happen to you, but unfortunately, the majority of disputes without written agreements are difficult to pursue and, in fact, would not happen in the first place if there had been a written agreement. From a financial point of view, it is undoubtedly a good investment to ensure that everything is covered in a legal document and that other problems are avoided in all areas. If you`re sure this is the horse you want, then it`s time to negotiate a price. .

February 22, 2022 - No Comments!

Hipaa for Employees Agreement

Healthcare providers, business partners, and contractors often require their employees to sign a HIPAA employee confidentiality agreement. The purpose of the HIPAA Employee Confidentiality Agreement is to ensure that an employee of a vendor (or other organization, including a business partner or subcontractor) maintains the confidentiality and secrecy of proprietary health information and other confidential information. (a) Relations. Nothing in this Agreement shall be deemed an affiliate, joint venturer or employee of the other party for any purpose. (b) Severability. If a court finds any provision of this Agreement to be invalid or unenforceable, the remainder of this Agreement shall be construed as best reflecting the intent of the parties. (c) Integration. This Agreement expresses the full understanding of the Parties with respect to the Subject Matter and supersedes all prior proposals, agreements, representations and understandings. This Agreement may only be amended in writing and signed by both parties.

(d) Waiver. Failure to exercise any right under this Agreement shall not constitute a waiver of any prior or subsequent rights. (e) Injunction. Any misuse of Confidential Information in violation of this Agreement may cause irreparable harm to Supplier, the amount of which is difficult to determine, and therefore the Employee agrees that supplier has the right to apply to a court of competent jurisdiction for an order ordering such misappropriation of additional funds and other facilities as Supplier deems appropriate. This right of the supplier should exist in addition to the remedies that are otherwise available to the supplier. (f) Lawyers` fees and expenses. In any dispute arising out of or in connection with this Agreement, the prevailing party shall have the right to recover from the other party its reasonable attorneys` fees and expenses and necessary expenses. (g) Applicable law. This Agreement shall be governed by the laws of the State of __ The parties consent to the exclusive jurisdiction and venue of the federal and state courts in __ The parties waive any other jurisdiction to which either party may be entitled by domicile or otherwise. The confidentiality agreement is expected to cover the 18 most important parts of the PSR. It should be stated that the signatory of the contract does not violate the attached conditions that protect the rights of patients.

A HIPAA agreement also includes confirmation that the employee will promptly return all RPS requested by the company. This means that any health information the employee has access to is at the discretion of their employer. The HIPAA Non-Disclosure Agreement (NDA) is for employees of healthcare professionals. The Health Insurance Portability and Accountability Act (HIPAA) contains regulations for medical personnel, hospitals, insurance companies, and other health care providers who submit health information in electronic form. "Health Information" means patient records, billing and financial records, or individually identifiable health information. HIPAA-regulated employers should require employees to perform a HIPAA confidentiality agreement to ensure that the employee is aware of the limitations of patient data and creates documentation of employer diligence. HIPAA`s confidentiality agreement covers health plans, health care clearinghouses, and health care providers who share information. HIPAA`s goal is to cover anyone who can see sensitive information in their work. HIPAA employees must sign a document defending the privacy of their patients. While all of this may seem complicated, the confidentiality agreement is very similar to a simple non-disclosure agreement. It only requires basic information from the covered entity and its employee. Many agreements are sent via PDF so that employees can fill them out when they are hired.

The HIPAA Employee Confidentiality Agreement may also include a provision that specifically defines PSRs: in addition to all of the above information, general provisions must be considered in the agreement. This includes a reaffirmation of compliance with state laws and a clause that establishes the employee`s punishment for violations (in addition to legal punishment). (a) Relations. Most agreements contain a provision like this that rejects any relationship other than that defined in the agreement. (b) Severability. The severability clause provides that if you find yourself in a legal dispute over the contract and a court decides that part of the contract is invalid, that part can be deleted and the rest of the agreement will remain valid. (c) Integration. The integration layout verifies that the version you sign is the final version and that none of you can rely on instructions from the past. (d) Waiver. This provision states that even if you do not immediately complain about a violation of the NDA, you have the right to complain about it later. (e) Injunction.

An injunction is a court order that orders a person to do (or stop) something. If an employee has violated your NDA, you want a court order ordering that person to stop using your secrets. (f) Lawyers` fees and expenses. If you don`t include a attorneys` fee clause in your contract, a judge (in most states) can order the award of attorneys` fees in cases where the theft of trade secret was intentional and malicious. It is up to the judge to decide what makes things unpredictable. (g) Applicable law. You can choose the laws of any state to govern the agreement, although the most logical state for this determination is the state in which you (supplier) reside. (h) Place of jurisdiction. The purpose of adding a jurisdictional provision to an NDA is to cause each party to accept in advance the jurisdiction of a county or state and to waive the right to sue or be sued elsewhere.

As with the previous provision, the most likely choice is the county and state in which you (provider) reside. Step 3 – The state whose laws govern the agreement must be identified. The HIPAA confidentiality and non-disclosure agreement template can be used by healthcare facilities that wish to obtain a binding signature from a new employee. These documents focus on the confidentiality requirement as defined in the Health Insurance Portability Act of 1996 and the HIPAA Omnibus Rule of 2013. When a health care facility hires a new employee, it must deal with the fact that this new employee is exposed to a significant amount of confidential information about the facility, staff, and even patients. A certain degree of certainty that this information will remain confidential and will not be irresponsibly given must be obtained from the new employee. This template structures the language required to establish the definitions and responsibilities that the new employee must know and accept. The HIPAA Employee Confidentiality Agreement is a form used to ensure that an employee of a health organization (or other organization with access to medical records) maintains the confidentiality of the personal information to which they have access through their association with the organization. The confidentiality rule of the Health Insurance Portability and Accountability Act, 1996 requires that affected businesses with access to the individual`s protected medical information (PHI) maintain the confidentiality of sensitive personal and medical information. The purpose of the rule is to ensure that medical information remains protected while allowing the flow of information necessary to provide healthcare at the highest level. .

February 21, 2022 - No Comments!

H & M Management Company

The Chief Executive Officer appointed by the Board of Directors is responsible for the day-to-day management of the H&M Group and appoints the members of the General Management Team, composed of sixteen people including the CEO. The management team consists of seven women and nine men and consists of the CEO, the CFO, the two people responsible for the H&M brand, the person responsible for the portfolio brands (which includes COS & Other Stories, Monki, Weekday and ARKET), the person responsible for commercial companies (which includes Afound and Treadler), the Head of Business Tech and the CTO in this role, as well as the leaders of the following functions of the Group: Expansion, Strategy and Transformation, Human Resources, Sustainability, Supply Chain, Communications, The Laboratory and Group Strategy Counsel. The heads of the other functions of the Group are appointed by the CHIEF FINANCIAL OFFICER. Each brand is managed by a responsible person and has local sales organizations. At the central level, there are a number of group functions that help each brand enjoy the benefits of these common areas, so each brand and country deliberately works according to central guidelines and specifications. The H&M Group has a multi-brand matrix organization with clearly defined brands: H&M, H&M HOME, COS & Other Stories, Monki, Weekday, ARKET and Afound. .

February 21, 2022 - No Comments!

Government Contract Management Training

Estimating costs is a fundamental but difficult task for contract and project managers. The online certificate program for Government Contract Management provides students with knowledge and understanding of the acquisition and management of government contracts. The program is designed for those who are new to the government`s mandate, as well as for current administrators and contract managers who are responsible for government assignments and want to advance in their careers. Professional Certificates in Contract Management are designed to provide students with a broad understanding of the key concepts associated with contract tracking and management. Several elective courses offered as part of the certificate program allow students to explore a number of these important contract management concepts at a deeper level. Must have at least 3 years of experience in contract management. Previous courses in fundamentals, federal procurement regulations or other entry and intermediate level courses on the management and administration of government contracts are promoted first. Learning Objectives: At the end of the course, you can: San Diego is a high-tech "hotbed" with high concentrations of biotech, telecommunications, and defense companies. Many contract managers and procurement professionals face intellectual property issues on a daily basis. This course introduces students to the four areas of intellectual property.

Patents, trademarks, copyrights and trade secrets and how they interact with the contractual/procurement profession. A class session will deal specifically with intellectual property and technology licensing. Students in this course will be able to apply the course information directly to their job or business. Negotiation strategies and techniques provide a solid battery of effective strategies, tactics and skills in contract construction and management negotiations. Gain an in-depth understanding of contract structure, strategy and price analysis. You will also have the opportunity to learn about the bid preparation process, including drafting and pricing concepts, proposal submission requirements, negotiations, and an overview of government contract awarding and GAO processes for anti-award protests. San Diego has long enjoyed a strong presence of large federal contractors. Our region has also seen rapid growth in telecommunications and biotechnology companies serving a wide range of commercial markets. The work that has been brought to the region has also created many opportunities for small subcontractors.

Regardless of the specific sectors served by these companies, they all generate revenue through contracts awarded by their customers. Contracts are the vehicles with which all essential work is carried out. A good understanding of the contracting process and the ability to work effectively in it is paramount to the success of any organization. Small businesses and minorities and government contracts – Learn about the importance of small businesses and minority businesses in government. You will understand how to start a small business or minority business, familiarize yourself with the requirements of the SBA, DOD and other government agencies to start and operate a small business or minority business in order to obtain government contracts. "Each instructor was very experienced in the world of contracts, offering structured lessons and applying real-world scenarios related to the content presented. The experience that the speakers brought to the classroom allowed for excellent discussions about possible solutions that could be applied in the real world. I am very grateful for these discussions and the excellent presentation of valuable lessons, tools and skills in contract management. Supported by the National Contract Management Association. The Contract Management Certificate Program is offered in partnership with the San Diego Chapter of the National Contract Management Association (NCMA), which prepares students for the CPCM, CFCM and CCCM certification exams. NCMA certifications are the industry standard for professional excellence in contract management.

Our Advisory Board, comprised of industry experts, has updated topics of interest to federal and commercial practitioners. More than one contract management course can be taken at a time. There are several courses offered as part of the Contract Management program, including courses that deal specifically with contracts that must meet the requirements of federal, state, or local governments. CmA (Contract Management and Acquisition) professionals in the public sector and companies are increasingly trapped in a world of transition. Companies innovate in products, services and business models faster than policies and guidelines change. In addition, the government`s procurement requirements are also changing. To operate in this world in transition, contract managers must be informed, adaptable, agile and collaborative decision-makers. Introduction to public procurement, providing the information necessary for the understanding of public procurement, from procurement planning to contract conclusion. This course will give you additional background information on the requirements to become a program manager and cover the roles and responsibilities of the acquisition team. Contract owners, vice-presidents, directors, managers and administrators with years of experience in managing federal government contracts. The federal government is communicating with officers, RIRs, RDs and other procurement specialists who want more and more in-depth administrative training.

Contract management skills are often underestimated and misappreciated. Most companies rely heavily on their legal teams to manage contract management, which could stall the process and delay projects. Equipping non-lawyers with the ability to manage some of the contract management functions can streamline the contract procurement process and establish the appropriate level of risk, thereby relieving some of the burden on the legal department, speeding up projects and increasing the chances of harmonious relationships. Government contract law emphasizes the basic legal principles associated with federal government contracts. "I started the SDSU contract management program when I was working in the non-profit sector and wanted to advance my career. Once I was done (in just over a year), I started applying for entry-level defense positions and received answers very quickly. I knew it was mainly through the professional certificate that I could highlight as a valuable resource in my CV and cover letter. This certificate really opened doors for me to advance my career. Contract pricing provides participants with a comprehensive and practical approach to setting and evaluating the prices of government contracts. Mr. Bennett worked for many years in the management of federal contracts and grants.

She is currently a contract specialist for NASA, having also held the same position for the Department of Homeland Security/U.S. Coast Guard and the U.S. Navy. She has also held contract positions at major universities in North Carolina and Virginia. Professor Bennett strongly believes in training the next generation of outsourcing professionals and will present the latest acquisition concepts and methodologies. Provides a comprehensive overview of the laws, government policies, and regulations that apply to outsourcing and outsourcing management. The basis of public procurement is contract management. Without efficient and sound administration, any type of government contract, whether for a product or service – large or small – can face huge obstacles, problems, claims and disputes. .

February 21, 2022 - No Comments!

Georgia Landlord Security Deposit Law

If the landlord sends you something that says they are withholding your deposit for rent or damages you don`t agree with, you`ll have to object to it. The objection does not have to be something special, but it must be made in writing. An email is written. Something like "Mr. landlord, I didn`t damage the floors of the apartment / don`t owe rent / don`t owe a water bill" is enough. Unless the landlord falls within the exception, the landlord must do one of two things: place the deposit in an escrow account in a state-regulated deposit that is used only to store the deposits, and notify the tenant in writing of the location where the landlord`s deposit will be kept; or if the landlord does not make any of the written statements within the time limits set by law, the landlord loses all of the landlord`s rights to withhold part of the deposit or to sue the tenant for damage to the premises. If the landlord does not return a portion of the deposit required under the return to the tenant, the landlord will be liable to the tenant for an amount of three times the amount wrongly withheld plus reasonable attorney`s fees. Before reading this article, you should check out our previous article (link to the previous post to protect your deposit) and our article on what you need to do before moving (link to this post, it will be a next post). It is important to note that the landlord also pays the deposit for items such as non-payment of rent or late fees, for abandonment of the premises, for non-payment of incidental costs, for repair or cleaning work contracted by the tenant with third parties, for unpaid pet costs or for actual damages caused by the violation of the rental contract by the tenant, can be retained. if the landlord is trying to reduce the actual damage. If it is determined that the owner is illegally withholding the deposit, he will be charged three times the amount withheld. However, if the withholding of the amount was accidental, they are only required to pay the exact amount withheld. A deposit is money that a tenant gives to a landlord.

It protects the landlord if the tenant moves for rent or damage. "Security deposits", "pet deposits" and "pre-rentals" are treated as deposits. Pet fees are not treated as a deposit. Deposits are to be returned if the tenant respects the law and has not damaged the apartment. Before depositing a deposit, the tenant must receive a complete list of any existing damage to the premises. The tenant has the right to check the accuracy of the list in the premises before occupancy. Landlords and tenants sign the checklist and this is conclusive proof of the accuracy of the list, but not a conclusive indication of hidden defects. If the tenant refuses to sign the list, the tenant must expressly indicate in writing the elements of the list to which he objects and sign such a statement of opposition. Unclaimed funds: If the letter containing the written declaration and the balance of the deposit is returned undeliverable to the landlord and the landlord cannot find the tenant despite reasonable efforts to search for the tenant, the unclaimed deposit will be confiscated by the tenant and will become the property of the landlord 90 days after the first shipment. You must provide the owner with a forwarding address. So that the owner can send you the deposit. The landlord has one month to send you your deposit or a letter explaining why the deposit will be withheld.

If he does not, he will not be able to withhold the deposit and he will not be able to sue you for the damage caused to the unit. The landlord can also keep part of the deposit if you break the lease. The landlord cannot withhold the deposit to cover "normal wear and tear." "Ordinary wear and tear" is the damage caused by everyday life. Some landlords send a cheque for part of the deposit to the tenant. If your deposit was $500, the landlord can mail you a cheque for $100. If the landlord sends you a cheque for less than the deposit and you cash it out, you can waive your right to recover the rest of the deposit. Yes. Under Georgian law, both the landlord and tenant are entitled to a walk-in inspection of the unit.

The tenant must inform the landlord of their forwarding address before moving, so that the landlord sends the deposit in whole or in part to the tenant. O.C.G.A. Article 44-7-34 stipulates that the landlord must repay the entire deposit to the tenant within one month of the termination of the lease. The deposit cannot be used for normal wear and tear, but any actual damage that is present is the responsibility of the tenant, the cost of which is deducted from the deposit before being passed on to the tenant. In Georgia, there is a certain period for the refund of the tenant`s deposit. A landlord in Georgia must repay the deposit within 1 month of the end of the lease. Georgian bail laws must be strictly followed by landlords who own/manage one or more rental units. No. The law does not require the landlord to pay you interest.

You must receive a copy. The owner must give you a copy. Keep it in a safe place. Once the landlord has received the deposit, he is required to give the tenant written notice of the location of the deposit. The landlord must transfer the tenant`s security deposit to an escrow account created with a bank or credit institution in Georgia for this purpose only. The deposit is held in trust and the landlord must inform the tenant in writing of the location of the escrow account. The landlord is not allowed to withhold part of a deposit if the deposit has not been deposited in an escrow account. Post a deposit of $50,000 or the total amount the landlord holds in deposits (from all tenants), whichever is lower. The bond must be issued by a surety company authorized to do business as such in Georgia and must be presented to the clerk of the Superior Court of the county where the rental property is located. It is subject to the condition that the owner returns the deposit on time and in accordance with the rules.

The Clerk of the Superior Court will receive $5.00 as a filing and registration fee. If the deposit is cancelled, a registration fee of $5.00 will apply. Please note that the Clerk of the Superior Court will not be liable if the coverage is invalid. There are two ways for owners to leave a deposit. If they do not comply, they risk losing their right to withhold part of the tenant`s deposit. • Escrow account You can deposit a tenant`s deposit into an escrow account with a bank or credit institution in Georgia. The landlord must provide the tenant with written notice of the location of the escrow account. If your landlord withholds your deposit, you can take it to small claims court. This is called a district court. If your landlord owns more than 10 units, you can ask the judge to give you three times the amount withheld.

For example, if your deposit was $200, you can ask the court to order the landlord to give you $600. You can also ask for attorneys` fees if you have a lawyer. You can call the Atlanta Legal Aid Society for help. Failure to provide the list of disaggregated damages: If no initial list of damages is provided to the tenant, the landlord loses any right to withhold part of the deposit. Failure to provide the tenant with the written declaration of deduction: If the landlord fails or refuses to provide the tenant with the written declaration of deduction, the landlord also loses any right to withhold part of the deposit. • The tenant has five (5) days after the end of the lease to perform an inspection based on the list provided by the landlord. Once the tenant has signed the list, this will indicate their consent to the listed damages. If the tenant does not agree, he must indicate the specific points with which he does not agree, and then sign a statement of opposition. • Guarantee The owner can also choose to leave a deposit equal to the amount of the deposit.

This must be done in the county where the owner`s rental property is located. • The landlord had not compiled and provided the tenant with a list of the initial prescribed damages. Sometimes cheques are lost, people are forgotten or someone writes the wrong address on an envelope. You want to make sure that the owner didn`t make an easy mistake. But if the owner ignores your calls or doesn`t answer your email or sends you something that says they won`t return your deposit for any reason, read on. The landlord can only use the deposit if the lease or tenancy has been terminated or terminated. Also, the owner can only use the deposit for coverage: Yes. It is a good idea to inspect the device before moving in. If your landlord doesn`t let you see you before moving into the apartment, problems may arise. Georgia law states that owners of more than 10 units must let you look at the unit. If your landlord has more than 10 units, they should make a list of the damage to the unit.

You can then look at the unit to see if the list is correct. This is called a "flow check". Within one month of the termination of the lease or the handing over and acceptance of the premises, whichever comes later, the landlord must return the entire deposit to the tenant. .

February 20, 2022 - No Comments!

Gallery Agreements

10. Transportation of works of art. If the artist or gallery has a preferred sender, it could be added to the contract under this section. 3. Prices and terms of payment. This clause sets out the Gallery`s price obligations and the percentage of the sale price it retains. It`s important to include both retail and wholesale pricing on your inventory list. Do not use "net price" (see #4, discount, below) or "artist price" (the wholesale price). 12.

Advertising. The gallery makes every effort to promote, exhibit and sell works of art. The Gallery must uniquely identify the artist`s name with all works of art and include the artist`s name on the purchase agreement for all works of art sold by the gallery. The gallery is also responsible for the storage and use of custom boxes and shipping containers specially designed for works of art. Most galleries do not buy works directly. Instead, they accept "consignment" work. In fact, they borrow works from an artist to exhibit in the gallery and then only pay the artist when it is sold. This agreement limits the gallery`s capital expenditures so that it can devote more of its resources to paying for rent, staff, advertising or other business costs.

Option 2. If the gallery is obliged to grant its client a collection discount of __% of the sale price, the amount of the discount will be divided equally between the gallery and the artist, provided that the artist`s share in the discount does not exceed ___ % of the sale price. Option 1. In the case of discount sales, the discount will be deducted from the gallery`s commission. The artist receives the entire share of the artist in the sale price as agreed. Another important aspect of a consignment contract is when the gallery/store goes bankrupt. Their work is protected (by contract) from the creditors of the galleries/shops who may want to claim stocks on the money owed to them. Even in the best relationships based on trust and a good working relationship, there is no substitute for a contract. In order to minimize and hopefully avoid possible conflicts, the rights and obligations of the artist and the gallery must be clearly stated in a contract.

Don`t rely on assumptions and memories of verbal conversations. A good contract, such as the consignment contract developed by the Professional Guidelines Committee, is fair to both parties. It is in the interest of both parties to discuss all the issues presented here. The contract describes the responsibilities and rights of the gallery and the artist. Loans: terms of permanent or temporary loan of works sent; for the prior written consent of the artist; for the use of loan program contracts; for payment to the artist; % of gallery rental fees. Advances: arrangements for the payment of money to the artist before the sale/rental fee; if and when to repay. My recent contribution to artists who want to ensure the representation of art galleries brings me to another important question. What should you do if a gallery is interested in selling your artwork? The relationship between the gallery and the artist can sometimes be a pretty loose affair based on little more than a handshake. I think it makes sense to get an art gallery contract. Consider the following story: Exclusivity: In some cases, you can add information about representation limits or expectations. For example, some galleries will want to establish exclusivity in the representation of an artist or have provisions for artists with multiple gallery representations.

It`s always up to you, as an artist, to decide what`s good for your career. You can also work with the gallery to set the time frame within which the exclusivity will take place. However, the exclusivity of galleries in the digital age is changing, as artists have more opportunities than ever to sell their works. Templates for a consignment contract can be found here. Keeping good records for unique works of art can be very important to the artist. Curators or museums working on exhibitions or retrospectives may want to borrow works from a gallery or works from collectors. Such exhibitions are part of the provenance of the works and can increase the value of the work. Therefore, artists must keep accurate records of the location of their work. * Who pays for utilities such as transportation, packaging, shipping, warehousing, travel, etc.? Does the gallery pay? Will you pay? Will the costs be shared? If so, how? Always know in advance who pays how much for what and under what conditions. And formalize it in writing. * Will the gallery represent all your artworks or specific works or groups of works? If the relationship is new or untested, it is best that the gallery does not have control over all your art, but the exclusive rights to sell only the works or works they are most interested in representing or selling.

This way, you can still sell work and generate income if the gallery is not able to sell as much as they thought. As an artist, it`s important that your basics are covered when you enter a situation where you`re supposed to provide artwork to a client, gallery, institution, etc. For example, the Professional Association of Visual Artists Berlin (bbk) recommends that visual artists need a contract when participating in an exhibition. * Who pays to organize, hang or otherwise exhibit art? Does the gallery cover all expenses or does it expect you to pay a certain percentage? Here`s a breakdown of (some) common types of contracts and agreements you might encounter during your artistic career. 15. Security. Ownership and a security right in all works of art or proceeds of sales delivered under this Agreement are reserved to the Artist. The works are not the subject of any claim by the gallery`s creditors. The Gallery undertakes to issue and provide the Artist with a financial report and other documents in the form requested by the Artist that the Artist may need to perfect his security on the Works. In the case of the purchase of a work of art by a party other than the gallery, ownership passes directly from the artist to the buyer. In the event of a purchase of a work of art by the Gallery, ownership will only be transferred to the Artist after full payment of all amounts due under this Agreement. The Gallery acknowledges that it has no rights and may not pledge or encumber any work of art in its possession, nor incur any costs or obligations for which the Artist may be held responsible.

7. Fiduciary Duties. Ownership of each of the works remains in the name of the artist until the artist has been paid in full. With payment, the property then passes to the buyer. All profits from the sale of the works will be held in trust for the artist until full payment by the artist. The gallery pays all amounts due to the artist before the proceeds of the sale can be made available to all creditors of the gallery. Shipping time: How long will the gallery or retailer keep the artwork while it is not sold? It is therefore advisable to create an art gallery contract – a commercial agreement – that you and the gallery director can discuss and sign. This may not save you from the nature of the story above, but it can help you identify red flags that might appear during conversations with a potential gallery. It also gives you the opportunity to talk about issues that may arise during the course of the business and decide how they will be handled. 11. Commission. Some types of sales may or may not be covered by a gallery`s contract.

For example, a gallery that represents an artist who lives in the same city wants to receive a percentage of all commissions the artist receives, or a percentage of all studio sales. Therefore, workshop sales, commissions or exhibitions in the geographical area that the gallery wishes to include in the contract must be discussed between the gallery and the artist. The Professional Guidelines Committee recommends that artists not sell their work in studio sales below the sale price set in their galleries. (See also #3 Prices and payment terms.) Commissions for a single job should probably be dealt with on a case-by-case basis, depending on the difficulty of the commission. * What is the duration of the current agreement? In other words, how long will the gallery represent you or your art? If the relationship is new, a term of three months to a year is typical, after which the contract can be renegotiated, or if both parties are in perfect agreement, the wording of the contract can automatically extend the term. 9. Insurance. The gallery insures the artwork at the total wholesale price. In the event of an insurance claim, the Gallery will pay all deductibles.

* How are prices determined? In most cases, discuss, accept, and then set retail prices in advance. In general, it is recommended to let the gallery take the lead here. They know their customers and who usually buys what for how much. Although shipping agreements tend to be more comprehensive than a shipping report and include global trade agreements, there are still instances where you want to be aware of representation restrictions or expectations in a shipping report for a particular job. * Will you be able to sell art outside of the gallery itself? On your website, in your studio, in other galleries or on social media pages? If so, what art can you sell and under what conditions? Does the gallery want a commission for outside sales? If so, what percentage? Will you be able to sell to existing customers without having to pay commission? Etc..

February 20, 2022 - No Comments!

Free Trade Agreement with China

The guide deals with U.S.-China relations in general; the general trade situation between the two countries and specific issues such as trade disputes and trade measures; the U.S. trade deficit with China; U.S. trade and Chinese state-owned enterprises, assessment of the market and non-market economy, and competitiveness; China`s monetary policy; and investments between the United States and China. Statistical resources, selected journals and databases are also provided. Also included are links to research in the Library of Congress catalog that allow users to find additional works on the subject. Select the topics you want to search for from the list of Library of Congress subject lines included in each section to create a direct link to the catalog and automatically search for the selected topic. Not all relevant topic titles have been included, but should be a good place to start. For further assistance, please contact a librarian. "The Comprehensive Regional Economic Partnership will certainly contribute to global free trade because of its size," he said. List of agreements between two states, two blocs or one bloc and one state. Chinese President Xi Jinping (left) shakes hands with Pakistani President Mamnoon Hussain in Islamabad, Pakistan, April 21, 2015. [Xinhua] China maintains 16 free trade agreements (FTAs) with its trade and investment partners and negotiates or implements eight other free trade agreements.

China`s FHA partners are ASEAN, Singapore, Pakistan, New Zealand, Chile, Peru, Costa Rica, Iceland, Switzerland, Maldives, Mauritius, Georgia, Korea, Australia, Hong Kong and Macau. In 2002, when THE CAFTA was just beginning, bilateral trade amounted to $54.8 billion. In 2014, the volume of bilateral trade increased to $480.4 billion, multiplied by 9 over the past 12 years with an annual growth of 20%. Negotiations began in 2005 and were significantly accelerated after Chinese President Xi paid a state visit to Australia in November 2014. The agreement was signed on 17 June 2015. Afghanistan has concluded bilateral agreements with the following countries and blocs:[1] Due to the pandemic, the signing of the agreement on Sunday was unusual, with separate ceremonies held in each of the 15 member countries, all linked by video. Each country`s trade minister took turns signing a separate copy of the pact while his head of state or government stood nearby and watched. The 7. In April 2008, then Chinese Premier Wen Jiabao and former New Zealand Prime Minister Helen Clark witnessed the signing of the Sino-New Zealand Free Trade Agreement (FTA) in Beijing, which entered into force on 1 October 2008. The agreement is the first comprehensive free trade agreement that China has ever signed, as well as the first free trade agreement that China has signed with an industrialized country.

China is Australia`s largest trading partner, with the reciprocal flow of goods and services exceeding $135 billion in 2014. The prospect of China forging closer economic ties with its neighbors has raised concerns in Washington. President Barack Obama`s response was the T.P.P., which had extensive regulation on services, intellectual property, independent unions, and environmental protection. He also called for limiting government support to industries that serve as both a challenge for China and an incentive for Beijing to loosen its grip on its economy, the second largest in the world. Biden said he would wait to negotiate new trade deals. He wants to focus his energy on the pandemic, economic recovery, and investment in U.S. manufacturing and technology. Chinese Trade Minister Gao Hucheng (left) and Australian Trade Minister Andrew Robb (right) pose for photos with Australian Prime Minister Tony Abbott after the signing of the China-Australia Free Trade Agreement at the National Gallery in Canberra on June 17, 2015. [Xinhua] Turkey has concluded bilateral and multilateral agreements with: An interactive list of bilateral and multilateral free trade instruments can be found on the TREND Analytics website. [59] Chinese Premier Li Keqiang and ASEAN heads of state and government attend a signing ceremony of the protocol amending the Framework Agreement on Comprehensive Economic Cooperation between China and ASEAN in Kuala Lumpur, Malaysia, november 22, 2015. [Xinhua] Premier Li Keqiang, China`s second-top official after Xi Jinping, oversaw the event in Beijing. In a statement published by state media, he called the pact "a victory for multilateralism and free trade." Even more striking, the pact does not include India, another regional giant.

The New Delhi government withdrew from the negotiations in July. China had rejected India`s calls for a more ambitious pact that would have done much more to link the region`s economies, including trade in services and trade in goods. Switzerland (which has a customs union with Liechtenstein, which is sometimes included in agreements) has concluded bilateral agreements with the following countries and blocs:[41] China and New Zealand formally began free trade negotiations in December 2004 and concluded talks in December 2007 after 15 rounds of negotiations. Chinese President Xi Jinping (3rd from left) will meet his Singaporean counterpart Tony Tan Keng Yam (4th from right) in Singapore on November 6, 2015. [Xinhua] He Weiwen, a former official at the Ministry of Commerce in Beijing and a leading Chinese trade policy expert, said the deal nevertheless represented a big step forward. For some trade experts, this new agreement shows that the rest of the world will not wait for the United States. The European Union has also continued trade negotiations at a frantic pace. If other countries sign new agreements, U.S. exporters could gradually lose ground. For fully multilateral agreements (not included below), see: List of multilateral free trade agreements.

After eight years of talks, China and 14 other countries, from Japan to New Zealand to Myanmar, on Sunday officially signed one of the world`s largest regional free trade agreements, a pact beijing designed in part as a counterweight to US influence in the region. The Free Trade Agreement between China and Costa Rica entered into force on 1 August 2011. Negotiations on a free trade agreement began in January 2009 following then-Chinese President Hu Jintao`s visit to the Central American country in November 2008. After more than a year of intensive negotiations, the two sides signed the free trade agreement in April 2010. China has bilateral investment treaties with more than 100 countries and economies, including Austria, the Belgo-Luxembourg Economic Union, Canada, France, Germany, Italy, Japan, South Korea, Spain, Thailand and the United Kingdom. China`s bilateral investment treaties include expropriation, arbitration, most-favoured-nation treatment and repatriation of investment products. They are generally considered weaker than the investment treaties that the United States wants to negotiate. The China-ASEAN Free Trade Area (FTA) was established on 1. It was completed in January 2010 and since then, China has become ASEAN`s largest trading partner, while ASEAN has become China`s third largest trading partner.

The China-Pakistan Free Trade Agreement (FTA) officially entered into force in July 2007. The two countries signed the agreement on 24 November 2006. Negotiations began in April 2005 during the visit of former Chinese Premier Wen Jiabao to Pakistan. "While the United States is currently focusing on domestic issues, including the need to fight the pandemic and rebuild its economy and infrastructure, I`m not sure the rest of the world will wait for America to put its house in order," said Jennifer Hillman, senior researcher in international trade and political economy at the Council on Foreign Relations. "I think it will take reactive measures to what China is doing." The United States and China have reached a historic and enforceable agreement on a phase one trade agreement that requires structural reforms and other changes in China`s economic and trading system in the areas of intellectual property, technology transfer, agriculture, financial services, currency and currency. Phase One agreement also includes a commitment by China to make significant additional purchases from the United States.

February 20, 2022 - No Comments!

Termination of Agreement Language

Termination of Agreement Language: What You Need to Know

The termination of an agreement is never an easy thing to deal with, especially if you’re a business owner or a freelancer. It can be a messy and stressful process, which is why having a solid termination of agreement language is crucial to protect yourself and your business.

What is a termination of agreement language?

Termination of agreement language is a set of clauses included in a contract that explains the conditions and consequences of ending the contract before its natural expiration date. It outlines the how, the when, and the why of terminating an agreement, as well as the rights and obligations of both parties.

Why do you need a termination of agreement language?

No matter how great your working relationship is, there’s always a chance that things could go wrong. Maybe your client has changed their mind, or you’ve discovered some red flags about the project. Whatever the reason may be, having a clear and concise termination language will protect your interests and limit your liability in case of a dispute.

What should be included in a termination of agreement language?

Here are some key elements that should be included in your termination of agreement language:

1. Termination grounds: This clause should clearly outline the grounds for terminating the agreement, such as breach of contract, insolvency, or non-performance.

2. Notice period: This clause should specify the notice period required to terminate the agreement, which can range from a few days to several weeks depending on the nature of the contract.

3. Compensation: If the agreement is being terminated by one party due to the other party’s breach of contract, this clause should outline the compensation that is due to the non-breaching party.

4. Intellectual property rights: If the agreement involves the transfer or use of intellectual property, this clause should clarify the ownership rights and the conditions under which the intellectual property can be used or returned.

5. Confidentiality: This clause should address the confidentiality obligations of both parties and specify how confidential information will be handled upon termination.

What are the consequences of not having a termination of agreement language?

Without a solid termination of agreement language, both parties could potentially face a lot of uncertainty and risk. In the absence of a clear termination clause, disputes could arise over the notice required to terminate the agreement, the compensation due, the ownership of intellectual property, and the handling of confidential information.

In conclusion, having a well-crafted termination of agreement language is a must-have for any business. It will help you avoid disputes, protect your interests, and reduce your liability. As a professional, I highly recommend that you seek legal advice when drafting the termination of agreement language to ensure that it complies with the laws and regulations in your jurisdiction.