- Emily Hoefling's employment with Uncommon Schools will end on June 30, 2017. In exchange for a release of claims, Uncommon will provide Hoefling with severance benefits including continued salary and benefits through June 30th, lump sum payments totaling $16,600, and $3,600 to offset COBRA costs.
- Hoefling agrees to release Uncommon from any past or future claims related to her employment. She must return all Uncommon property and agrees not to cooperate in any legal actions against Uncommon.
- The agreement is confidential and includes provisions regarding the return of property, COBRA benefits, and confidentiality.
This document outlines rules regarding parties to civil actions under Philippine law. It defines the types of parties that can be involved in a civil case, including natural persons, juridical persons, entities authorized by law, and real parties in interest. It also discusses requirements for different types of parties such as indispensable parties whose presence is necessary for adjudicating a case, and permissive joinder of parties whose claims arise from the same facts. Exceptions, conditions, and circumstances affecting parties are also outlined.
This document is a waiver and release of liability for participants of activities at Port Fitness Studio. It releases Port Fitness Studio from all claims arising from participation in activities, including injuries or death. The waiver acknowledges risks of activities and assumes responsibility for medical costs. It requires emergency contacts and signatures of participants or parents/guardians of minor participants.
This document outlines an agreement for employees to resolve disputes through a four-step alternative dispute resolution (ADR) process called PB Resolve, with binding arbitration as the final step. It specifies that legal claims arising from employment that could normally be heard in court, such as discrimination, unpaid wages, leave of absence issues, and contract or tort claims, will instead be resolved through this ADR process. The document describes the PB Resolve four-step process, time limits for initiating arbitration, arbitration procedures, the arbitrator selection process, limitations on class or collective actions, and other details governing the resolution of covered legal claims through binding arbitration rather than litigation.
Prohibition of Child Marriage Act 2006
HAQ: Center for Child Rights
B1/2, Ground Floor,
Malviya Nagar
New Delhi - 110017
Tel: +91-26677412,26673599
Fax: +91-26674688
Website: www.haqcrc.org
FaceBook Page: https://www.facebook.com/HaqCentreForChildRights
This document summarizes the key points of the Bonded Labour System (Abolition) Act of 1976 in India. The act aims to abolish the bonded labour system and prevent the economic and physical exploitation of weaker sections of society. Key provisions include:
- Abolishing the bonded labour system and freeing all bonded labourers from any obligations.
- Making any agreements, customs, contracts or instruments that compel bonded labour void.
- Extinguishing all bonded debts and prohibiting any recovery attempts through legal means.
- Restoring any seized property or forcibly taken possessions from bonded labourers.
- Dismissing any pending legal suits or proceedings related to bonded labour obligations.
A agreement to what is a mock company who a Chief and CEO of Corporation is a way of manipulation behind the scenes, instead First Wind Power CEO is an employee of the corporation as lands and estates. Targeting First Nation Aboriginal, Indigenous lands in Canada the U.S and elsewhere, and they are not talking about wind energy.
A preliminary injunction is a provisional remedy issued by a court before final judgment to preserve the status quo and prevent irreparable harm. It requires a party to refrain from or perform a particular act. A preliminary injunction may be issued by a court of appeals to stay execution of a writ pending appeal in an unlawful detainer case. Presidential Decree 1818 prohibits judges from issuing restraining orders against government infrastructure projects, but this is not an absolute prohibition. To issue a preliminary injunction, the court must find that there is an existing right to be protected that is being violated by the act sought to be enjoined, and that allowing that act would likely cause injustice to the applicant or render a judgment ineffectual.
The document summarizes key provisions from the Family Code of the Philippines related to marriage, family relations, property relations between husband and wife, parental authority, adoption, and paternity and filiation. Specifically, it discusses titles from the Family Code pertaining to the family as the foundation of society. It defines family relations and beneficiaries of the family home, which is exempt from execution up to a specified value. It also outlines how legitimacy of a child can be impugned or questioned, such as if the husband was physically incapable of intercourse. The time period to file an action to impugn legitimacy is one to three years depending on where the husband resides.
This document outlines rules regarding parties to civil actions under Philippine law. It defines the types of parties that can be involved in a civil case, including natural persons, juridical persons, entities authorized by law, and real parties in interest. It also discusses requirements for different types of parties such as indispensable parties whose presence is necessary for adjudicating a case, and permissive joinder of parties whose claims arise from the same facts. Exceptions, conditions, and circumstances affecting parties are also outlined.
This document is a waiver and release of liability for participants of activities at Port Fitness Studio. It releases Port Fitness Studio from all claims arising from participation in activities, including injuries or death. The waiver acknowledges risks of activities and assumes responsibility for medical costs. It requires emergency contacts and signatures of participants or parents/guardians of minor participants.
This document outlines an agreement for employees to resolve disputes through a four-step alternative dispute resolution (ADR) process called PB Resolve, with binding arbitration as the final step. It specifies that legal claims arising from employment that could normally be heard in court, such as discrimination, unpaid wages, leave of absence issues, and contract or tort claims, will instead be resolved through this ADR process. The document describes the PB Resolve four-step process, time limits for initiating arbitration, arbitration procedures, the arbitrator selection process, limitations on class or collective actions, and other details governing the resolution of covered legal claims through binding arbitration rather than litigation.
Prohibition of Child Marriage Act 2006
HAQ: Center for Child Rights
B1/2, Ground Floor,
Malviya Nagar
New Delhi - 110017
Tel: +91-26677412,26673599
Fax: +91-26674688
Website: www.haqcrc.org
FaceBook Page: https://www.facebook.com/HaqCentreForChildRights
This document summarizes the key points of the Bonded Labour System (Abolition) Act of 1976 in India. The act aims to abolish the bonded labour system and prevent the economic and physical exploitation of weaker sections of society. Key provisions include:
- Abolishing the bonded labour system and freeing all bonded labourers from any obligations.
- Making any agreements, customs, contracts or instruments that compel bonded labour void.
- Extinguishing all bonded debts and prohibiting any recovery attempts through legal means.
- Restoring any seized property or forcibly taken possessions from bonded labourers.
- Dismissing any pending legal suits or proceedings related to bonded labour obligations.
A agreement to what is a mock company who a Chief and CEO of Corporation is a way of manipulation behind the scenes, instead First Wind Power CEO is an employee of the corporation as lands and estates. Targeting First Nation Aboriginal, Indigenous lands in Canada the U.S and elsewhere, and they are not talking about wind energy.
A preliminary injunction is a provisional remedy issued by a court before final judgment to preserve the status quo and prevent irreparable harm. It requires a party to refrain from or perform a particular act. A preliminary injunction may be issued by a court of appeals to stay execution of a writ pending appeal in an unlawful detainer case. Presidential Decree 1818 prohibits judges from issuing restraining orders against government infrastructure projects, but this is not an absolute prohibition. To issue a preliminary injunction, the court must find that there is an existing right to be protected that is being violated by the act sought to be enjoined, and that allowing that act would likely cause injustice to the applicant or render a judgment ineffectual.
The document summarizes key provisions from the Family Code of the Philippines related to marriage, family relations, property relations between husband and wife, parental authority, adoption, and paternity and filiation. Specifically, it discusses titles from the Family Code pertaining to the family as the foundation of society. It defines family relations and beneficiaries of the family home, which is exempt from execution up to a specified value. It also outlines how legitimacy of a child can be impugned or questioned, such as if the husband was physically incapable of intercourse. The time period to file an action to impugn legitimacy is one to three years depending on where the husband resides.
The Absolute Community of Property is the default property regime in the Philippines whereby all properties acquired by spouses during their marriage are considered jointly owned. It includes all properties owned at the time of marriage or acquired thereafter, unless expressly excluded. Certain properties like those acquired through inheritance or gifts are excluded from the community. The community property is liable for debts incurred for family benefit. It is terminated upon death, legal separation, or annulment of the marriage. Upon termination, the net assets are divided equally between spouses after paying debts and delivering excluded properties.
Saman wants to claim divorce from his wife Anula on the grounds of constructive malicious desertion. However, Saman cannot institute a divorce action because based on the facts provided, it was Saman who deserted the marital home by leaving for studies in Australia for 3 years. For constructive malicious desertion, the deserting spouse must stay in the home while the innocent spouse leaves, which is not the case here. While Saman has no valid grounds for divorce, Anula could claim divorce from Saman on the grounds of simple malicious desertion due to Saman deserting her for 3 years.
Family courts objectives and functioningBimal Antony
Family Courts were established in India through the Family Courts Act of 1984 to promote conciliation and secure speedy settlement of disputes related to marriage and family affairs. The objectives are to give priority to mutual agreement between parties over adjudication and resolve disputes amicably. Family Courts have jurisdiction over matters related to marriage, divorce, maintenance, child custody and property disputes. They emphasize settlement through mediation and conciliation first before judicial proceedings. If conciliation fails, the matter proceeds to trial.
This agreement establishes confidentiality between Bluewater Real Estate & Development LLC and another company regarding their discussions. It defines confidential information as any proprietary data shared between the parties. The agreement prohibits disclosure of confidential information to third parties without consent and requires its return if discussions end. It also outlines legal remedies available to the parties in the event of a breach.
This document is a master agreement between The University of Tennessee and a company (referred to as "Company") to govern all future transactions and purchases of digital content by the University from the Company. Some key points:
- The agreement applies to all purchases made by the University, including its various campuses, institutes, and administration.
- Future licenses will be handled through University purchase orders that specify details like sites, prices, titles, and dates.
- The initial term of the master agreement is indefinite until terminated by either party with 30 days notice. Individual licenses will have terms specified in each purchase order.
- The agreement does not obligate the University to make any purchases and does not
This document discusses who can sue or be sued under Indian law. It explains that generally, every person is competent to be a plaintiff or defendant in a lawsuit. However, some categories of people have legal disabilities that prevent them from suing or being sued, such as convicts, alien enemies, married women, corporations, unincorporated associations, infants, and insolvents. The document provides details on the limitations for each of these groups and notes how some of these limitations have changed over time, such as married women gaining the ability to sue independently. It also discusses who can be defendants, including that sovereigns, foreign sovereigns, ambassadors, and some public officials have immunity from lawsuits in certain situations.
This document is a mutual confidentiality and nondisclosure agreement between an e-commerce practicum class and a technology company. It defines confidential information as any information related to a web project shared between the parties. It outlines permitted uses of confidential information and obligations of both parties to maintain confidentiality and return or destroy confidential materials if requested. The agreement has a 6 month term and provisions to govern disputes and survive termination.
1) A labor agreement is an agreement between an employee and employer where the employee agrees to perform specified work and obey internal regulations in exchange for wages and proper working conditions.
2) Labor agreements can be indefinite or for a fixed term as agreed by the parties. Special forms of labor agreements also exist, such as contracts where terms are specifically outlined.
3) Before work begins under a labor agreement, the employer must explain the employee's rights and obligations, inform them of any dangerous factors in the workplace, and ensure proper documentation is collected from the employee.
This document outlines the terms and conditions of an agreement between two parties. It defines key terms used in the agreement, such as how notices must be delivered. It also covers what happens in cases of force majeure, assignment of the agreement to third parties, successors, amendments, waivers, interpretation of the agreement, applicable law, venue, and survival of certain sections after termination. The entire agreement supersedes any prior agreements between the parties.
Rule 87 ACTIONS BY AND AGAINST EXECUTORS AND ADMINISTRATORS by valmontelspujurists
This document outlines rules regarding actions by and against executors and administrators. It discusses what actions may be brought directly against an executor or administrator, including recovery of property/interests, lien enforcement, and tort damages claims. Claims for money, debt or interest cannot be brought directly. The executor or administrator may bring or defend actions that survive a deceased person. Heirs cannot sue until their share is assigned. An executor may compound debts with court approval. Foreclosure on a mortgage held by the estate does not require special authorization. The probate court has limited authority regarding ownership disputes. A person entrusted with an estate can be compelled to render an accounting. Embezzlement before letters are issued results in double liability. Fraudul
This non-disclosure agreement is between Fairfield & Associates LLP and Thomson Network Solutions, Inc. entered into on February 5, 2010. It protects Thomson's confidential information including business strategies, personnel, inventions, and technical information that may be disclosed to Fairfield. Confidential information does not include information that is publicly known, previously known to Fairfield, or authorized for disclosure in writing by Thomson. Fairfield is restricted to using the confidential information only for purposes of working with Thomson. The agreement survives for one year after termination and Thomson can pursue injunctive relief for any breaches.
This document is an agency agreement between Party A (Hanotrans International Freight Forwarders) and Party B (Max Shipping Fwd) to appoint each other as agents for air/ocean cargo freight business. Key terms include:
- Each party will handle local shipments nominated by the other including customs clearance, issuing bills of lading, and notifying the other of damages or shortages.
- Party B is authorized to issue and sign house bills of lading for shipments it handles for Party A.
- Profits will be split 50/50 and payments will be settled monthly via bank transfer.
- The initial term is 2 years, automatically renewing for 2 year terms unless 90 days
Free consent is an essential element of a valid contract. A person must enter into an agreement freely and without coercion or undue influence. Coercion involves threatening unlawful acts, while undue influence involves exploiting a power imbalance to gain unfair advantage. Both coercion and undue influence undermine free consent and allow the affected party to avoid the contract. Fraud and misrepresentation can also undermine consent but have distinguishing characteristics around intention, available remedies, and defenses.
Family code of the Philippines (Executive No. 209 July 6, 1987)Ronnel de Jesus
This document outlines the provisions for parental authority in the Philippines according to the Family Code of the Philippines established under Executive Order No. 209. It defines parental authority and responsibilities, as well as provisions for substitute parental authority in cases such as absence or death of parents. It also establishes the rights and obligations of parents regarding the persons and property of their children, and circumstances under which parental authority may be suspended or terminated.
This document summarizes key concepts from the Civil Code of the Philippines relating to obligations. It discusses the different types of obligations (to give a thing, to do an act, or not to do an act) and the duties of the debtor in each case. It also covers the rights of the creditor, such as the right to fruits or interest in the case of delayed performance. Delay and its effects are explained, along with the remedies available to the creditor if the obligation is not fulfilled. Exceptions, like force majeure events releasing the debtor from liability, are also outlined. Overall, the document provides an overview of the nature and effects of obligations under Philippine law.
INSTALLMENT PAYMENT AGREEMENT FORMAT
FREE LEGAL AND ACCOUNTANT FORMATS
KANOON KE RAKHWALE INDIA
HIRE LAWYER ONLINE
LAW FIRMS IN DELHI
CA FIRM DELHI
VISIT : https://www.kanoonkerakhwale.com/
VISIT : https://hirelawyeronline.com/
Standing in tort law and consumer protection law is subject to certain restrictions based on a person's status. Traditionally, only those who suffered a specific legal injury had standing to sue. However, the law has liberalized to allow public interest litigation where there is injury to public interest. Now, any person with sufficient interest can file a lawsuit to prevent a public wrong or remedy a public injury.
The document discusses various ways in which a right of action for a tort can end, including by death of parties, waiver, acquiescence, release, accord and satisfaction, and statutes of limitation. It provides examples of cases where the death of a party resulted in the end of a right of action. The rule that a personal cause of action dies with the person was abrogated by the Law Reform Act of 1934, which allows causes of action to survive the death of a person.
The document discusses the establishment and purpose of family courts in India. It notes that family courts were established through the Family Courts Act of 1984 to provide speedy resolution of matrimonial disputes. The Supreme Court has held that states have a duty to establish family courts and provide them necessary infrastructure. Family courts are meant to view disputes not as legal matters but social and therapeutic problems, using a less formal, investigational approach. Their goal is to preserve families and help stabilize marriages, making the adversarial system inappropriate. The jurisdiction and qualifications of family court judges are also outlined.
This document outlines a confidentiality agreement between two corporations exploring a potential business relationship. It specifies that any confidential information shared between the parties will be kept secret and secured. The agreement remains in effect for two years and requires confidential treatment of related documents, returning or destroying them if requested. It also describes remedies for breaches and governs how the agreement can be modified or terminated.
RULE 39 Execution, Satisfaction and Effect of Judgments.pptxDonnieRayOlivarezSol
RULE 39 Execution, Satisfaction and Effect of Judgments
Section 5-9
Section 5 - Effect of reversal of executed judgment
The executed judgment is reversed totally or partially, or annulled, on appeal or otherwise, the trial court may, on motion, issue such orders of restitution or reparation of damages as equity and justice may warrant under the circumstances.
Section 6. Execution by motion or by independent action
Final and Executory Judgment or Order
may be executed on motion within five (5) years from the date of its entry.
After the lapse of such time, a judgment may be enforced by action before it is barred by the statute of limitations.
Section 6. Execution by motion or by independent action
The revived judgment
may also be executed on motion within five (5) years from the date of its entry.
After the lapse of such time, a judgment may be enforced by action before it is barred by the statute of limitations.
Section 7. Execution in case of death of party
In case of the death of a party, execution may issue or be enforced in the following manner:
death of the judgment obligee - upon the application of his executor or administrator, or successor in interest
death of the judgment obligor - the judgment will be executed against his executor or administrator or successor in interest, if the judgment be for the recovery of real or personal property, or the enforcement of a lien
Section 7. Execution in case of death of party
In case of the death of a party, execution may issue or be enforced in the following manner:
the death of the judgment obligor - after execution is actually levied upon any of his property, same may be sold for the satisfaction of the judgment obligation, provided that the officer making the sale shall account to the corresponding executor or administrator for any surplus in his hands.
Section 8. Issuance, form and contents of a writ of execution
The writ of execution shall:
(1) issue in the name of the Republic of the Philippines from the court which granted the motion;
(2) state the name of the court, the case number and title, the dispositive part of the subject judgment or order; and
(3) require the sheriff or other proper officer to whom it is directed to enforce the writ according to its terms
Section 8. Issuance, form and contents of a writ of execution
Manner of executing writ:
If judgment against property of the judgment obligor – out of real or personal property with interest
If against his real or personal property in the hands of the personal representatives, heirs, devisees, legatees, tenants, or trustees of the judgment obligor – out of that property, with interest
If for sale of real or personal property – to sell property, describing it and apply the proceeds in conformity with judgment.
Section 8. Issuance, form and contents of a writ of execution
Manner of executing writ:
If for delivery of possession of property – deliver possession of the same to the party entitled to it, describing it, and to satisfy
This agreement establishes confidentiality between a law school e-commerce practicum class and a technology company regarding a web 2.0 project. It defines confidential information as any information provided by one party to the other related to the project. It prohibits using or disclosing confidential information except for furthering the project's success. It also outlines procedures for returning or destroying confidential information and resolving disputes.
The Absolute Community of Property is the default property regime in the Philippines whereby all properties acquired by spouses during their marriage are considered jointly owned. It includes all properties owned at the time of marriage or acquired thereafter, unless expressly excluded. Certain properties like those acquired through inheritance or gifts are excluded from the community. The community property is liable for debts incurred for family benefit. It is terminated upon death, legal separation, or annulment of the marriage. Upon termination, the net assets are divided equally between spouses after paying debts and delivering excluded properties.
Saman wants to claim divorce from his wife Anula on the grounds of constructive malicious desertion. However, Saman cannot institute a divorce action because based on the facts provided, it was Saman who deserted the marital home by leaving for studies in Australia for 3 years. For constructive malicious desertion, the deserting spouse must stay in the home while the innocent spouse leaves, which is not the case here. While Saman has no valid grounds for divorce, Anula could claim divorce from Saman on the grounds of simple malicious desertion due to Saman deserting her for 3 years.
Family courts objectives and functioningBimal Antony
Family Courts were established in India through the Family Courts Act of 1984 to promote conciliation and secure speedy settlement of disputes related to marriage and family affairs. The objectives are to give priority to mutual agreement between parties over adjudication and resolve disputes amicably. Family Courts have jurisdiction over matters related to marriage, divorce, maintenance, child custody and property disputes. They emphasize settlement through mediation and conciliation first before judicial proceedings. If conciliation fails, the matter proceeds to trial.
This agreement establishes confidentiality between Bluewater Real Estate & Development LLC and another company regarding their discussions. It defines confidential information as any proprietary data shared between the parties. The agreement prohibits disclosure of confidential information to third parties without consent and requires its return if discussions end. It also outlines legal remedies available to the parties in the event of a breach.
This document is a master agreement between The University of Tennessee and a company (referred to as "Company") to govern all future transactions and purchases of digital content by the University from the Company. Some key points:
- The agreement applies to all purchases made by the University, including its various campuses, institutes, and administration.
- Future licenses will be handled through University purchase orders that specify details like sites, prices, titles, and dates.
- The initial term of the master agreement is indefinite until terminated by either party with 30 days notice. Individual licenses will have terms specified in each purchase order.
- The agreement does not obligate the University to make any purchases and does not
This document discusses who can sue or be sued under Indian law. It explains that generally, every person is competent to be a plaintiff or defendant in a lawsuit. However, some categories of people have legal disabilities that prevent them from suing or being sued, such as convicts, alien enemies, married women, corporations, unincorporated associations, infants, and insolvents. The document provides details on the limitations for each of these groups and notes how some of these limitations have changed over time, such as married women gaining the ability to sue independently. It also discusses who can be defendants, including that sovereigns, foreign sovereigns, ambassadors, and some public officials have immunity from lawsuits in certain situations.
This document is a mutual confidentiality and nondisclosure agreement between an e-commerce practicum class and a technology company. It defines confidential information as any information related to a web project shared between the parties. It outlines permitted uses of confidential information and obligations of both parties to maintain confidentiality and return or destroy confidential materials if requested. The agreement has a 6 month term and provisions to govern disputes and survive termination.
1) A labor agreement is an agreement between an employee and employer where the employee agrees to perform specified work and obey internal regulations in exchange for wages and proper working conditions.
2) Labor agreements can be indefinite or for a fixed term as agreed by the parties. Special forms of labor agreements also exist, such as contracts where terms are specifically outlined.
3) Before work begins under a labor agreement, the employer must explain the employee's rights and obligations, inform them of any dangerous factors in the workplace, and ensure proper documentation is collected from the employee.
This document outlines the terms and conditions of an agreement between two parties. It defines key terms used in the agreement, such as how notices must be delivered. It also covers what happens in cases of force majeure, assignment of the agreement to third parties, successors, amendments, waivers, interpretation of the agreement, applicable law, venue, and survival of certain sections after termination. The entire agreement supersedes any prior agreements between the parties.
Rule 87 ACTIONS BY AND AGAINST EXECUTORS AND ADMINISTRATORS by valmontelspujurists
This document outlines rules regarding actions by and against executors and administrators. It discusses what actions may be brought directly against an executor or administrator, including recovery of property/interests, lien enforcement, and tort damages claims. Claims for money, debt or interest cannot be brought directly. The executor or administrator may bring or defend actions that survive a deceased person. Heirs cannot sue until their share is assigned. An executor may compound debts with court approval. Foreclosure on a mortgage held by the estate does not require special authorization. The probate court has limited authority regarding ownership disputes. A person entrusted with an estate can be compelled to render an accounting. Embezzlement before letters are issued results in double liability. Fraudul
This non-disclosure agreement is between Fairfield & Associates LLP and Thomson Network Solutions, Inc. entered into on February 5, 2010. It protects Thomson's confidential information including business strategies, personnel, inventions, and technical information that may be disclosed to Fairfield. Confidential information does not include information that is publicly known, previously known to Fairfield, or authorized for disclosure in writing by Thomson. Fairfield is restricted to using the confidential information only for purposes of working with Thomson. The agreement survives for one year after termination and Thomson can pursue injunctive relief for any breaches.
This document is an agency agreement between Party A (Hanotrans International Freight Forwarders) and Party B (Max Shipping Fwd) to appoint each other as agents for air/ocean cargo freight business. Key terms include:
- Each party will handle local shipments nominated by the other including customs clearance, issuing bills of lading, and notifying the other of damages or shortages.
- Party B is authorized to issue and sign house bills of lading for shipments it handles for Party A.
- Profits will be split 50/50 and payments will be settled monthly via bank transfer.
- The initial term is 2 years, automatically renewing for 2 year terms unless 90 days
Free consent is an essential element of a valid contract. A person must enter into an agreement freely and without coercion or undue influence. Coercion involves threatening unlawful acts, while undue influence involves exploiting a power imbalance to gain unfair advantage. Both coercion and undue influence undermine free consent and allow the affected party to avoid the contract. Fraud and misrepresentation can also undermine consent but have distinguishing characteristics around intention, available remedies, and defenses.
Family code of the Philippines (Executive No. 209 July 6, 1987)Ronnel de Jesus
This document outlines the provisions for parental authority in the Philippines according to the Family Code of the Philippines established under Executive Order No. 209. It defines parental authority and responsibilities, as well as provisions for substitute parental authority in cases such as absence or death of parents. It also establishes the rights and obligations of parents regarding the persons and property of their children, and circumstances under which parental authority may be suspended or terminated.
This document summarizes key concepts from the Civil Code of the Philippines relating to obligations. It discusses the different types of obligations (to give a thing, to do an act, or not to do an act) and the duties of the debtor in each case. It also covers the rights of the creditor, such as the right to fruits or interest in the case of delayed performance. Delay and its effects are explained, along with the remedies available to the creditor if the obligation is not fulfilled. Exceptions, like force majeure events releasing the debtor from liability, are also outlined. Overall, the document provides an overview of the nature and effects of obligations under Philippine law.
INSTALLMENT PAYMENT AGREEMENT FORMAT
FREE LEGAL AND ACCOUNTANT FORMATS
KANOON KE RAKHWALE INDIA
HIRE LAWYER ONLINE
LAW FIRMS IN DELHI
CA FIRM DELHI
VISIT : https://www.kanoonkerakhwale.com/
VISIT : https://hirelawyeronline.com/
Standing in tort law and consumer protection law is subject to certain restrictions based on a person's status. Traditionally, only those who suffered a specific legal injury had standing to sue. However, the law has liberalized to allow public interest litigation where there is injury to public interest. Now, any person with sufficient interest can file a lawsuit to prevent a public wrong or remedy a public injury.
The document discusses various ways in which a right of action for a tort can end, including by death of parties, waiver, acquiescence, release, accord and satisfaction, and statutes of limitation. It provides examples of cases where the death of a party resulted in the end of a right of action. The rule that a personal cause of action dies with the person was abrogated by the Law Reform Act of 1934, which allows causes of action to survive the death of a person.
The document discusses the establishment and purpose of family courts in India. It notes that family courts were established through the Family Courts Act of 1984 to provide speedy resolution of matrimonial disputes. The Supreme Court has held that states have a duty to establish family courts and provide them necessary infrastructure. Family courts are meant to view disputes not as legal matters but social and therapeutic problems, using a less formal, investigational approach. Their goal is to preserve families and help stabilize marriages, making the adversarial system inappropriate. The jurisdiction and qualifications of family court judges are also outlined.
This document outlines a confidentiality agreement between two corporations exploring a potential business relationship. It specifies that any confidential information shared between the parties will be kept secret and secured. The agreement remains in effect for two years and requires confidential treatment of related documents, returning or destroying them if requested. It also describes remedies for breaches and governs how the agreement can be modified or terminated.
RULE 39 Execution, Satisfaction and Effect of Judgments.pptxDonnieRayOlivarezSol
RULE 39 Execution, Satisfaction and Effect of Judgments
Section 5-9
Section 5 - Effect of reversal of executed judgment
The executed judgment is reversed totally or partially, or annulled, on appeal or otherwise, the trial court may, on motion, issue such orders of restitution or reparation of damages as equity and justice may warrant under the circumstances.
Section 6. Execution by motion or by independent action
Final and Executory Judgment or Order
may be executed on motion within five (5) years from the date of its entry.
After the lapse of such time, a judgment may be enforced by action before it is barred by the statute of limitations.
Section 6. Execution by motion or by independent action
The revived judgment
may also be executed on motion within five (5) years from the date of its entry.
After the lapse of such time, a judgment may be enforced by action before it is barred by the statute of limitations.
Section 7. Execution in case of death of party
In case of the death of a party, execution may issue or be enforced in the following manner:
death of the judgment obligee - upon the application of his executor or administrator, or successor in interest
death of the judgment obligor - the judgment will be executed against his executor or administrator or successor in interest, if the judgment be for the recovery of real or personal property, or the enforcement of a lien
Section 7. Execution in case of death of party
In case of the death of a party, execution may issue or be enforced in the following manner:
the death of the judgment obligor - after execution is actually levied upon any of his property, same may be sold for the satisfaction of the judgment obligation, provided that the officer making the sale shall account to the corresponding executor or administrator for any surplus in his hands.
Section 8. Issuance, form and contents of a writ of execution
The writ of execution shall:
(1) issue in the name of the Republic of the Philippines from the court which granted the motion;
(2) state the name of the court, the case number and title, the dispositive part of the subject judgment or order; and
(3) require the sheriff or other proper officer to whom it is directed to enforce the writ according to its terms
Section 8. Issuance, form and contents of a writ of execution
Manner of executing writ:
If judgment against property of the judgment obligor – out of real or personal property with interest
If against his real or personal property in the hands of the personal representatives, heirs, devisees, legatees, tenants, or trustees of the judgment obligor – out of that property, with interest
If for sale of real or personal property – to sell property, describing it and apply the proceeds in conformity with judgment.
Section 8. Issuance, form and contents of a writ of execution
Manner of executing writ:
If for delivery of possession of property – deliver possession of the same to the party entitled to it, describing it, and to satisfy
This agreement establishes confidentiality between a law school e-commerce practicum class and a technology company regarding a web 2.0 project. It defines confidential information as any information provided by one party to the other related to the project. It prohibits using or disclosing confidential information except for furthering the project's success. It also outlines procedures for returning or destroying confidential information and resolving disputes.
DURABLE POWER OF ATTORNEY State of Florida County of ___AlyciaGold776
DURABLE POWER OF ATTORNEY
State of Florida
County of ____________________________
KNOW ALL MEN BY THESE PRESENTS, that I,__________________________________, of ____________________,
(name) (county)
Florida, as authorized by Florida law, do hereby appoint,_______________________________________________________
(name)
To manage and conduct my affairs. This power of attorney shall be non-delegable except as otherwise provided in Florida Statutes,
and shall be valid and effective from date hereof until such time as I shall die or revoke the power. This durable power of attorney is
not affected by subsequent incapacity of the principal except as provided in Florida Statutes.
The property subject to this durable power of attorney shall include all real and personal property owned by me, my
interest in al property held in joint tenancy, my interest in all non-homestead property held in tenancy by the entirety, and all
property over which I hold power of appointment and shall also include authority to sell, mortgage or convey my homestead
property.
Without limiting the broad powers intended to be conferred by the preceding provisions, I expressly authorize my attorney
acting hereunder in a fiduciary capacity to do and execute all or any of the following acts, deeds, and things for my benefit an d on
my behalf.
1. COLLECTION POWERS: To ask, demand, sue for, recover, collect, receive all sums of money, bank deposits, chattels
and other real or personal property, tangible or intangible, of whatsoever nature or description that may be due,
owing, payable or belonging to me, and to execute and deliver receipts, releases, cancellations or discharges.
2. PAYMENT POWERS: To settle any account or reckoning whatsoever wherein I now am or at any time hereafter shall
be in any way interested or concerned with any person whomsoever, and to pay or receive the balance thereof as the
case may require.
3. SAFE DEPOSIT BOXES: To enter any safe deposit or other place of safekeeping standing in my name with full authority
to remove any and all the contents thereof and to make additions, substitutions and replacements, specifically
including any safe deposit box in my name jointly with my spouse or any other person.
4. BANKING POWERS:
(a) To borrow any sum or sums of money on such terms and with such security, whether real or personal property
belonging to me, as my attorney may think fit, and to execute any and all notes, mortgages and other
instruments which my attorney may deem necessary or desirable.
(b) To draw, accept, make, endorse or otherwise deal with any ...
The document provides an overview of matrimonial remedies under Indian law. It discusses various problems in marriages like annulment, counseling, separation and divorce. It outlines the available solutions under laws like the Hindu Marriage Act, Special Marriage Act, Parsi Marriage Act and Divorce Act. The document then summarizes the key bars to obtaining matrimonial relief, which are based on principles of coming to court with clean hands. These bars include strict proof, taking advantage of one's own wrong, being an accessory, connivance, condonation, collusion and improper delay. The bars aim to ensure relief is only granted in deserving cases.
This document is a confidentiality and nondisclosure agreement between a law school e-commerce practicum class and a technology company. It defines confidential information as any information shared between the parties for a web project. It prohibits the sharing of confidential information outside of furthering the project and requires its return or destruction upon request. It also outlines remedies for breaches and makes the agreement binding upon representatives, assigns, and successors of the parties.
This document defines graft and corrupt practices of public officers in the Philippines. It establishes that accepting gifts from interested parties and using public office for private gain are unlawful. The document also prohibits certain relatives of high-ranking officials from participating in government business, requires public officers to disclose their assets and liabilities annually, and defines terms like "public officer" and "government".
The Anti-Graft and Corrupt Practices Act of 1960 defines key terms and outlines prohibited acts for public officers and private individuals to combat corruption. For public officers, the law prohibits acts like accepting gifts in exchange for favors, influencing other officers, involvement in disadvantageous contracts, and unexplained wealth. Private individuals are also barred from exploiting relationships with public officials for personal gain. Violations are punishable by imprisonment, fines, and dismissal from office. The goal is to uphold the principle that public office is a public trust.
The Anti-Graft and Corrupt Practices Act defines corrupt practices for public officers and private individuals interacting with the government. It prohibits receiving gifts in relation to contracts, employment with private entities under certain circumstances, undisclosed conflicts of interest, and unexplained wealth disproportionate to salary. Violations are punishable by imprisonment, fines, and forfeiture of property. Public officers must also file annual statements disclosing their assets, liabilities, income and taxes.
This durable power of attorney document appoints one individual as the attorney-in-fact and grants them broad financial and legal powers to act on behalf of the principal. These powers include managing property and assets, accessing bank accounts, paying bills, filing taxes, making healthcare decisions, establishing trusts, and more. The document is intended to allow the attorney-in-fact to handle the principal's affairs should they become disabled or incapacitated.
Testate succession occurs when a valid will made by a person of sound mind ensures their property passes to those they choose after death. A will must meet formal requirements including being made voluntarily without influence, and being properly executed with witnesses. The will can be revoked but a later marriage does not revoke it if contemplating that marriage. If dependents are not provided for reasonably, the court can order provision from the estate based on the deceased's property, the dependents' means and needs, any gifts made, conduct, and reasons for exclusion.
1. This document establishes a pledge of shares agreement between a Pledgor and Pledgee. The Pledgor agrees to pledge 15 ordinary shares in a company to the Pledgee as security for fulfilling its obligation to execute a deed of share sale and purchase under a separate agreement.
2. The shares are delivered and registered to the Pledgee, and the Pledgor makes representations that it has full ownership rights to the shares and the authority to pledge them as security.
3. The pledge provides the Pledgee with a first priority security interest over the shares to secure the Pledgor's performance of its obligation to complete the share sale.
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The document discusses various powers of the Philippine government including eminent domain, taxation, and criminal justice rights. It defines eminent domain as the power of the government to take private property for public use with just compensation. Taxation is described as enforced contributions used to support the government. Criminal justice rights discussed include the right to remain silent, right to an attorney, prohibition on torture, right to bail, right to due process, and presumption of innocence. The writ of habeas corpus and writ of amparo are also summarized.
The document discusses the rules and requirements for preliminary attachment in the Philippines. It covers the following key points in 3 sentences:
Grounds for attachment include actions involving fraud, money owed, property disputes, and defendants who may abscond. An applicant must file an affidavit and bond demonstrating sufficient cause of action and security for the claim. The sheriff then enforces the writ by inventorying and attaching enough property to satisfy the claim, and must serve related documents and make a return on actions taken.
This document provides information about disclaiming onerous property and certain transfers being void during the winding up process under the Companies Act, 2013 in India. It includes definitions of key terms, an overview of sections 333-335 which allow a company liquidator to disclaim onerous property with court approval, notes certain transfers after winding up commencement are void, and that court approval is required for liquidators to make compromises. Forms to be used for various processes are also listed.
This document outlines a mutual non-disclosure agreement between Mulay Consultancy Services and another party to protect confidential information. It defines confidential information, outlines appropriate use and restrictions, warrants the right to disclose information, and notes each party's obligations to protect confidential data for three years. It also specifies that the agreement does not create an agency relationship and can only be modified in writing with both parties' consent.
This mutual non-disclosure agreement is between Innoppl, Inc. and an individual/company to protect confidential information shared as part of discussions regarding a potential business relationship. Confidential information is broadly defined. The parties agree not to disclose confidential information without permission and to use it only for evaluating the potential relationship. All confidential information remains the property of the disclosing party. The agreement remains in effect for three years after any disclosure or as long as trade secrets remain protected by law.
This document is a mutual non-disclosure agreement between Innoppl, Inc. and an individual/company to protect confidential information that may be shared as they discuss a potential business relationship. It defines confidential information, outlines the parties' obligations to maintain confidentiality and limit use of such information, and stipulates that all confidential information remains the property of the disclosing party. The agreement also specifies remedies for breach, governs by Georgia law, and remains in effect for 3 years following any disclosure or as long as trade secrets remain protected by law.
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1. PRIVILEGED AND CONFIDENTIAL DRAFT: 5/16/17
CONFIDENTIAL SEVERANCE AGREEMENT AND GENERAL RELEASE
This Confidential Severance and Release Agreement (“Agreement”) is entered into
between Emily Hoefling (“Ms. Hoefling”), individually and on behalf of all of her heirs,
executors, administrators, attorneys, agents, successors, and assigns (collectively, “Ms.
Hoefling”) on the one hand, and Leadership Prep Canarsie Elementary Academy (“LPC”) and
Uncommon Schools, on their own behalf and on behalf of their subsidiaries, predecessors,
successors, direct and indirect parent companies, divisions, affiliates, officers, members,
managers, directors, Ms. Hoeflings and attorneys (collectively, “Uncommon”) on the other hand,
and shall become effective upon the expiration of the Revocation Period (described below),
assuming Ms. Hoefling has not exercised her right to revoke the Agreement (“Effective Date”).
WHEREAS, Ms. Hoefling is a current employee of Uncommon who has been on an
approved leave of absence since October 7, 2016;
WHEREAS, Ms. Hoefling’s employment with Uncommon will end as of close of
business on June 30, 2017 (the “Termination Date”); and
WHEREAS, the parties desire to settle fully and finally any and all of Ms. Hoefling’s
potential claims against Uncommon fully and finally and to memorialize certain important
agreements regarding Ms. Hoefling’s transition from her employment with Uncommon.
NOW, THEREFORE, in consideration of the mutual promises and covenants set forth
herein, Ms. Hoefling and Uncommon agree as follows:
1. No Admission. Nothing in this Agreement shall be deemed an admission by
Uncommon that it violated any law or any statutory, regulatory, contractual or common law right
of Ms. Hoefling. Uncommon expressly denies any wrongdoing whatsoever with respect to Ms.
Hoefling but has elected to enter into this Agreement in consideration of the promises and
representations set forth herein and to memorialize the parties’ agreement with regard to same.
2. - 2 -
2. Consideration. In consideration of the promises and representations in this
Agreement, following receipt by Uncommon of the Agreement executed by Ms. Hoefling, and
expressly conditioned on the continued compliance by Ms. Hoefling of all of her requirements
pursuant to this Agreement, including, without limitation, those contained in paragraphs 6 and 8,
which compliance shall be determined in the sole discretion of Uncommon, Uncommon shall
pay to or on behalf of Ms. Hoefling, as Severance Benefits: (i) continued salary payments and
benefits coverage through the Termination Date; (ii) a lump sum payment totaling the gross
amount of $6,000.00, less applicable and customary withholdings; (iii) a lump sum bonus
payment in the gross amount of $10,000, less applicable and customary withholdings; and (iv) a
lump sum payment in the gross amount of $3600.00, less applicable and customary
withholdings, to offset Ms. Hoefling’s out-of-pocket cost of purchasing continuing insurance
coverage pursuant to COBRA, following the Termination Date. With the exception of the
continued salary payments and benefits which Ms. Hoefling will receive in the ordinary course
up to and including the Termination Date, such remaining Severance Benefits will be provided to
Ms. Hoefling within five (5) business days of the Effective Date of this Agreement.
3. General Release.
(a) In exchange for the payments, benefits and promises described in this
Agreement, Ms. Hoefling hereby releases and forever discharges Uncommon from any and all
causes of action, suits, agreements, promises, damages, disputes, controversies, contentions,
differences, judgments, claims and demands of any kind whatsoever (“Claims”) which Ms.
Hoefling ever had, now has or may have against Uncommon, whether known or unknown to her,
and whether asserted or unasserted, (i) by reason of her employment and/or separation from
3. - 3 -
employment with Uncommon, or (ii) otherwise involving events that occurred on or prior to the
date on which Ms. Hoefling signs this Agreement.
Such released Claims include, without limitation: (i) any and all Claims under Title VII
of the Civil Rights Act of 1964, the Civil Rights Act of 1871, the Civil Rights Act of 1991, the
Fair Labor Standards Act, the Sarbanes Oxley Act, the Dodd Frank Act, the Equal Pay Act, the
Family and Medical Leave Act, the Americans with Disabilities Act, the Age Discrimination in
Employment Act, the Older Workers Benefit Protection Act, the Employee Retirement Income
Security Act (including, without limitation, any claim for severance pay), the New York State
Human Rights Law, the New York State Executive Law, the New York City Administrative
Code (including the New York City Human Rights Law), and any and all other federal, state or
local laws, statutes, rules and regulations pertaining to employment (each as amended); (ii) any
and all Claims under state contract or tort law; (iii) any and all Claims based on the design or
administration of any employee benefit plan or program or arising under any policy, procedure,
or employee benefit plan; (iv) any and all Claims for wages, commissions, bonuses, and
compensatory, punitive or liquidated damages; and (v) any and all Claims for attorneys’ fees and
costs.
(b) Ms. Hoefling represents and warrants that she has not commenced,
maintained, prosecuted or participated in any action, suit, charge, grievance, complaint or
proceeding of any kind against Uncommon in any court or before any administrative agency.
Ms. Hoefling further acknowledges that, by virtue of the foregoing, she has waived all relief
available to her (including, without limitation, monetary damages, equitable relief and
reinstatement) under any of the Claims waived in paragraph 3(a).
4. - 4 -
(c) This Agreement shall be effective as a bar to each and every claim Ms.
Hoefling might otherwise have asserted against Uncommon on or before the date Ms. Hoefling
signs this Agreement. In the event Ms. Hoefling hereafter discovers facts in addition to or
different from those she now knows or believes to exist with respect to the subject matter of this
Agreement and which, if known or suspected at the time of executing this Agreement, may have
materially affected this Agreement, Ms. Hoefling expressly waives any right to assert after the
execution of this Agreement that any such claim has, through ignorance or oversight, been
omitted from the scope of this Agreement.
(d) Ms. Hoefling shall not discuss, communicate about in any manner or
consult with, advise, counsel or otherwise cooperate with or assist any employee, former
employee, or future employee of Uncommon, in the pursuit of any legal or administrative
action(s) against Uncommon, including but not limited to any action(s) in connection with any
matters relating to her employment or separation from employment with Uncommon, unless
compelled to do so by court order or by lawfully issued subpoena. Ms. Hoefling shall not
participate, directly or indirectly, as a party, witness or otherwise, in any action at law,
proceeding in equity or in any administrative proceeding in which Uncommon or its personnel
(acting in their capacity as Uncommon employees) are parties, unless compelled to do so by
force of law, and she will not opt in to any class action involving Uncommon, and/or will
immediately opt out of any class action which involves Uncommon and with respect to which
she may be a class member; provided that nothing in this paragraph or in this Agreement is
intended or shall be deemed to prohibit Ms. Hoefling from participating, or cooperating with the
Equal Employment Opportunity Commission or other governmental or law enforcement agency
in any investigation, administrative proceeding or action involving Uncommon which is
5. - 5 -
conducted or brought by such agency. However, Ms. Hoefling shall not be entitled to, and shall
not intentionally seek nor knowingly permit anyone to seek on her behalf, any personal,
equitable or monetary relief in any such action and, in the event she is awarded any such money,
compensation or benefits, she shall immediately remit such award to Uncommon.
(e) If, notwithstanding the express terms of this Agreement to the contrary,
Ms. Hoefling commences, continues, makes an affirmative election to join in, fails to opt-out
promptly upon being notified of an opportunity to opt-out, or in any other manner intentionally
attempts to assert any claim released herein against Uncommon, Ms. Hoefling shall reimburse
Uncommon for all reasonable attorneys’ fees incurred by Uncommon in defending against such
claim, and Uncommon shall have a right to the return of all consideration paid by it pursuant to
paragraph 2 of this Agreement, together with interest thereon; provided that its right of return of
this consideration is without prejudice to Uncommon’s other rights hereunder.
4. Return of Property. On or before the date Ms. Hoefling signs this Agreement, she
shall return to Uncommon any and all documents, materials, files, software, computer access
codes, records or other items in her possession or control belonging to Uncommon or containing
proprietary information relating to Uncommon; and Ms. Hoefling shall simultaneously return to
Uncommon any identification cards, keys, telephones, equipment or other such items owned by
Uncommon or within Ms. Hoefling’ possession. Ms. Hoefling shall not retain copies of any
Uncommon property. Notwithstanding the foregoing, Uncommon agrees to cooperate with Ms.
Hoefling’s reasonable requests for the retrieval and return to her of specifically identified
personal information she may have stored on her Uncommon laptop.
5. COBRA Entitlement. Following the expiration on the Termination Date of Ms.
Hoefling’s group insurance coverage provided through Uncommon in connection with her
6. - 6 -
employment, Ms. Hoefling will have the right to participate in continuing group insurance
coverage, if applicable, through COBRA at her own expense.
6. Confidentiality.
(a) Ms. Hoefling shall not, directly or indirectly, publish, publicize, disclose
or disseminate, or cause to be published, publicized, disclosed or disseminated, any
communication, written or otherwise, relating to: (i) the terms, conditions and existence of this
Agreement (including, without limitation, the economic terms of this Agreement); or (ii) the
discussions and circumstances that preceded this Agreement.
(b) Ms. Hoefling shall not directly or indirectly (e.g., through a third party)
communicate or cause to be communicated with any current, former or prospective Uncommon
students or their parents regarding any confidential information relating to Uncommon,
including, without limitation, the circumstances surrounding the termination of Ms. Hoefling’s
employment relationship with Uncommon.
(c) Notwithstanding the foregoing, Ms. Hoefling may: (i) make disclosures
that otherwise are prohibited by this Agreement to her attorneys and to accounting professionals,
provided that any such disclosure is accompanied by a directive that the information disclosed is
to remain confidential; and (ii) testify truthfully under oath or pursuant to any lawful court order
or subpoena or otherwise respond to or provide disclosures required by law in connection with
an investigation by a governmental or law enforcement agency.
(d) Ms. Hoefling shall not, at any time, use for her own benefit or for the
benefit of any third party, any trade secrets or other confidential or proprietary information of
Uncommon, including but not limited to trade secrets, curricula, educational or training
materials, lists of actual or prospective Uncommon students, marketing materials, financial
7. - 7 -
information relating to Uncommon including funding information, personnel and compensation
information related to any Uncommon employee or agent, and other documents and information
that provide Uncommon with a competitive advantage in the charter school industry
(“Confidential Information”). Confidential Information does not include information that: (i)
becomes generally available to the public, other than as a result of Ms. Hoefling’s disclosure or
the disclosure of any other person who receives such information from Ms. Hoefling; or (ii)
becomes available to Ms. Hoefling on a non-confidential basis from a source that is entitled to
disclose it to Ms. Hoefling.
(e) If Ms. Hoefling receives a subpoena or other mandate pursuant to law that
requires or could require disclosures prohibited by this Agreement, Ms. Hoefling shall
immediately transmit a copy of such subpoena to Uncommon’s Human Resources Director, and
Ms. Hoefling agrees not to disclose the information before the subpoena’s return date so that
Uncommon is given sufficient time to contest the subpoena.
7. No Further Duties/Authority to Act. The Parties acknowledge and agree that
following the Termination Date, Ms. Hoefling shall have no further duties and obligations to
report to Uncommon or to provide services on behalf of Uncommon and further, following such
date, Ms. Hoefling shall have no authority to represent Uncommon in any manner, to act on
Uncommon’s behalf, or to bind Uncommon.
8. Non-disparagement. Ms. Hoefling shall not make, cause to be made, or
participate in the making of any communication, orally or in writing, regardless of whether
such statements are truthful, nor take any actions that in any way could disparage Uncommon,
or any of its past or present parents, affiliates, related entities, or employees, or that foreseeably
could harm the reputation and/or goodwill of Uncommon.
8. - 8 -
9. Advice of Counsel/Consideration and Revocation Periods. Ms. Hoefling is
hereby advised in writing to consult with counsel of her choosing before executing this
Agreement. Ms. Hoefling shall have up to twenty-one (21) days from today’s date to consider
executing this Agreement, however, if Ms. Hoefling executes the Agreement earlier than the
twenty-first day, such execution will be deemed of her own free will. The Parties hereby agree
that no modification in the terms of this Agreement will expand or restart the twenty-one day
consideration period. Ms. Hoefling further acknowledges that she has up to seven days
following her execution of the Agreement to revoke her acceptance, in which case, the
Agreement shall be deemed null and void and no consideration shall be paid to Ms. Hoefling.
To be effective, such revocation decision must be communicated in writing to the Director of
Human Resources for Uncommon Schools, Miriam Cohen, at mcohen@uncommonschools.org,
no later than 5:00 p.m. on the 7th day following Ms. Hoefling’s execution of the Agreement.
10. Reference Procedure. Ms. Hoefling shall direct all reference requests to Human
Resources, at mcohen@uncommonschools.org, who shall only disclose Ms. Hoefling’s dates of
employment and job titles held. Uncommon shall not be responsible for any reference
information solicited from any other source.
11. Future Employment. Ms. Hoefling shall not apply for, seek or accept future
employment with either Uncommon or any school within the Uncommon Schools network.
Neither Uncommon nor Uncommon Schools shall have any obligation at any time in the future
to consider Ms. Hoefling for employment, and, if she does apply for employment with, or is
hired by, Uncommon or any school within the Uncommon Schools network, she shall resign
such employment immediately upon request. Should Ms. Hoefling apply and be rejected for
9. - 9 -
employment with Uncommon or a school within the Uncommon Schools network, Ms. Hoefling
will have no basis to assert any claim for failure to hire.
12. Subsequent Proceedings. To the extent consistent with applicable law, the parties
agree that this Agreement may be used as evidence only in a subsequent proceeding in which any
of the parties alleges a breach of this Agreement or in which Uncommon is relying upon this
Agreement or the releases contained herein in support of an affirmative defense. This
Agreement may not be filed with a court or used for any other purpose.
13. Acknowledgments. By signing this Agreement below, Ms. Hoefling
acknowledges:
(a) Sufficiency of Consideration. The consideration described in paragraph 2
of this Agreement in exchange for the releases contained in paragraph 3 and the other promises
contained in this Agreement are greater in value than anything else to which Ms. Hoefling would
be entitled from Uncommon if she did not execute this Agreement.
(b) No Other Wages or Benefits Due. Except as expressly described in this
Agreement, Ms. Hoefling has been paid all payments and attendant benefits due to her from
Uncommon in consideration of the services she rendered during her employment with
Uncommon, including, but not limited to, salary, bonuses, vacation pay, sick or disability pay,
severance pay, holiday pay, expense reimbursement, payments due her from Uncommon
pursuant to any agreement or other contract to which Ms. Hoefling and/or Uncommon was a
party, and any and all monetary or other benefits that are or were due her pursuant to policies of
Uncommon in effect prior to the date her employment with Uncommon ended.
14. Entire Agreement. This Agreement represents the complete understanding
between the parties, and it supersedes any and all agreements, understandings and discussions,
10. - 10 -
whether written or oral, between Ms. Hoefling and Uncommon. In deciding to sign this
Agreement, Ms. Hoefling has not relied on any statement by anyone associated with Uncommon
that is not contained in this Agreement.
15. Severability. The invalidity or unenforceability of any provision contained herein
shall in no way affect the validity or enforceability of any other provision of this Agreement,
provided, however, that upon any finding by a court or arbitrator that any of the releases
contained in paragraph 3 of this Agreement are illegal, void or unenforceable, Ms. Hoefling shall
execute a release and waiver to the fullest extent permitted by law in order to effectuate the terms
and intent of this Agreement.
16. No Duress. Ms. Hoefling acknowledges that: (a) she has carefully read this
Agreement in its entirety; (b) she fully understands the significance of all the terms and
conditions of this Agreement; and (c) she is signing this Agreement voluntarily and of her own
free will and agrees to abide by all the terms and conditions contained herein.
17. Miscellaneous.
(a) This Agreement may not be amended, modified or discharged except by a
writing duly executed by all parties. This Agreement may not be amended, modified or
discharged by e-mail.
(b) This Agreement may be executed in counterparts, and it is the intent of the
parties that the copy signed by a party will be fully enforceable against such party.
(c) This Agreement may not be signed until close of business on the
Termination Date.
11. - 11 -
(d) The waiver by either party of the breach of any provision of this
Agreement by the other party shall not operate or be construed as a waiver of any subsequent
breach by such other party.
(e) This Agreement is binding upon, and shall inure to the benefit of, Ms.
Hoefling and Uncommon. Ms. Hoefling may not sell or otherwise assign any rights, obligations
or benefits under this Agreement, and any attempts to do so shall be void.
(f) The parties have cooperated in the drafting and preparation of this
Agreement. In any construction to be made of this Agreement, it shall not be construed against
either party.
(g) This Agreement shall be subject to, governed by and interpreted in
accordance with the laws of the State of New York without regard to conflict of laws principles.
(h) Ms. Hoefling has not transferred or assigned, or purported to transfer or
assign, any of the claims and rights herein released or affected.
(i) The headings in this Agreement are for convenience of reference only.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date
written herein.
EMILY HOEFLING
Date:
LEADERSHIP PREP CANARSIE
ELEMENTARY ACADEMY and
UNCOMMON SCHOOLS
By:
Name:
Title:
Date:
WASHINGTON_DC/#56415.2