RECIPROCITY AND SOCIAL OBLIGATION 413 contact theory per se. For purposes of this definition, "claim" shall have the meaning assigned thereto in Section 101(4) of the United States Bankruptcy Code of 1978, as amended. Additional Obligations means any and all loans and all other obligations, liabilities and indebtedness of every kind, nature and description, whether now existing or hereafter arising, whether arising before, during or after the commencement of any case with respect to any Additional Credit Party under the Bankruptcy Code or any other Insolvency Proceeding, owing by each Additional Credit Party from time to time to any Additional Agent, any Additional Creditors or any of them, including any Additional Bank Products Providers, Additional Hedging Providers or Additional Management Credit Providers, under any Additional Document, whether for principal, interest (including interest and fees which, but for the filing of a petition in bankruptcy with respect to such Additional Credit Party, would have accrued on any Additional Obligation, whether or not a claim is allowed against such Additional Credit Party for such interest and fees in the related bankruptcy proceeding), reimbursement of amounts drawn under letters of credit, payments for early termination of Hedging Agreements, fees, expenses, indemnification or otherwise, and all other amounts owing or due under the terms of any Additional Documents, as amended, restated, modified, renewed, refunded, replaced or refinanced in whole or in part from time to time. The right of non-performance at the reciprocal obligations AbstractThe right to non-performance is mentioned in Articles 377 and 378 of the Civil Code on the subject of sale, as well as in the section on marriage in Articles 1085 and 1086 of the same and in Article 371 of the Commercial Code. Non-Competition Agreement During Employees employment with the Employer and for a period of one (1) year following termination or expiration of this Agreement, Employee shall not (without the prior written consent of Employer) compete with Employer or any of its Affiliates, directly or indirectly, engage in forming, serving as an organizer, director, officer of, employee or agent, or consultant to, or acquiring or maintaining more than a one percent (1%) passive investment in, a depository financial institution or holding company thereof if such depository institution or holding company has, or upon formation will have, one or more offices or branches located within thirty (30) miles of any office or branch of Employer or any of its Affiliates in existence at the time Employees employment with Employer is terminated (the Territory). A , a bachelor who has sired many children by different woman , donated a house and lot to T , his illegitimate son , the deed of donation ant its acceptance were in a public instrument and a new cert. Legal financial obligation means a sum of money that is. When a sale of a piece of land or any interest therein is through an agent, the authority of the latter shall be in writing; otherwise, the sale shall be void. Browse. Non-Competition Obligations As part of the consideration for the compensation and benefits to be paid to Executive hereunder, to protect the trade secrets and confidential information of Company and its affiliates that will be disclosed or entrusted to Executive, the business good will of Company and its affiliates that will in the future be developed in Executive, or the business opportunities that will in the future be disclosed or entrusted to Executive by Company and its affiliates, Company and Executive agree to the provisions of this Article 8. As our participants put it: Bikini, bourbon, and badminton were places first. Amounts might be received from all shareholders or only certain shareholders. Although X and Y are debtors and creditors of each other, their obligations are not reciprocal. no financial or non-financial obligation exists. This article offers an analytical examination of: i) the notion of the exceptio and its relationship to other responses to the breach of a treaty; ii) the question of its conditions of application; and iii) its character as a rule of . NON-RECIPROCAL OBLIGATIONS - are those which do not impose simultaneous and correlative performance on both parties. Notwithstanding the foregoing, Employee may serve as an officer of or consultant to a depository institution or holding company thereof even though such institution operates one or more offices or branches in the Territory, if Employees employment does not directly involve, in whole or in part, the depository financial institutions or holding companys operations in the Territory. In regard to lawyers, reciprocity refers to recognizing the license of an attorney from another state without the necessity of taking the local state's bar examination. In case one of the obligors does not comply with what is incumbent upon him, the injured or aggrieved party may choose between two remedies: (1) action for specific performance (fulfillment) of the obligation with damages; My problem is about the security guards we engaged for a period of one year to maintain the security of the premises of the subdivision. Credit Improved Obligation means any Collateral Debt Obligation which, in the Investment Managers judgment, has significantly improved in credit quality and in respect of which one of the following is satisfied: Bond Obligations means the principal of a bond and any premium and interest on a bond issued under this subchapter, together with any amount owed under a related credit agreement. The acceptor is not saying: "Fine, try it and see how far you get." He is saying: "Fine, I'm for your doing it." This amounts to a declaration, a reciprocal promise, of non-interference. 1. Example: In a contract of sale, in the absence of any stipulation 1 , the . The term Financial Obligation shall not include municipal securities as to which a final official statement has been provided to the MSRB consistent with the Rule. Finance Obligations means, at any date, (i) all Senior Credit Obligations, (ii) all Swap Obligations of a Loan Party permitted hereunder owed or owing under any Secured Hedge Agreement to any Hedge Bank and (iii) all Cash Management Obligations owing under any Secured Cash Management Agreement to a Cash Management Bank. Should other markets be formed such that Participants may incur future Obligations in those markets, then the aggregate amount of those Obligations will also be added to the Net Obligation. During the Term, neither Party nor its Affiliates, shall, either alone or in collaboration with a Third Party, engage in any activity directed to the development or. It ruled that pursuant to the contract of the parties, the Corporation should have fully paid the amount of P2,200,000.00 upon the execution of the contract. Obligation with a Suspensiondition 2. Subject to paragraph [PERMITTED HIRINGS], during the period starting on the Effective Date and ending [NON-SOLICITATION PERIOD TERM] after the termination or expiration of this agreement (the "Non-Solicitation Period"), [PARTY B] will not directly or indirectly, on [PARTY B]'s own behalf or in the service or on behalf of others, in any capacity . Do university communications about campus-community partnerships reflect core engagement principles? "Basic respect," which honors the dignity of every person simply as a human being, is essentially inalienable and, A corresponding and key defect, however, is that it insulates bad directors from liability for going along with, While the trade advantages of the convention have been significantly eroded since 1975, it still provides these 70 states with, The key concept here is there must be a donation that is a, Dictionary, Encyclopedia and Thesaurus - The Free Dictionary, the webmaster's page for free fun content, Los Acuerdos de Asociacion Economica de la UE como instrumento de desarrollo: analisis de caso de Africa Austral. insolvent laws of another state, are reciprocated; the discharges of those (A) Differentiate an, GIVE ME A TEN (10) FACULTATIVE OBLIGATION EXAMPLE. Non-Competition and Non-Solicitation Agreement In consideration of Employees (as defined below) ongoing at-will employment with Employer (as defined below) or one of its subsidiary companies, the compensation and benefits provided to me including those set forth in a separate Employment Agreement, Relocation Agreement, Confidentiality and Intellectual Property Agreement (the Confidentiality Agreement), Change in Control Agreement (the Change in Control Agreement) and Employers agreement to provide Employee with access to Employers confidential information, intellectual property and trade secrets, access to its customers and other promises made below, Employee enters into the following non-competition and non-solicitation agreement: This Non-Competition and Non-Solicitation Agreement (Agreement) is effective by and between Jxxx Xxxxxxxxx (Employee) and First Solar, Inc. (Employer) as of October 31, 2006. In other words, the performance of one, party is not dependent upon the simultaneous. cyber management systems, llc ("cybermss") non-compete agreement between cybermss, llc and client. X borrowed from Y P5,000.00. The payment is not client money, but rather has purchased that Reciprocal Obligation from Elite Strategies Corporation Pty Limited. The payment is not client money, but rather has purchased that Reciprocal Obligation from Tenda Index Limited. reciprocity n. mutual exchange of privileges between states, nations, businesses or individuals. In respect of the latter a distinction is made - where appropriate . Additional filters are available in search. On June 24, 1993, the trial court rendered a decision rescinding the sale and directed Cortes to return to the Corporation the amount of P1,213,000.00, plus interest. The right to cancel or dissolve a contract or a reciprocal obligation in cases of nonfulfillment on the part of one of the parties is also known as the "power to rescind." The rescission referred to in Article 1191 is different from that which is referred to in Article 1380 and Article 1381. Principal Obligations means all present and future obligations and liabilities (whether actual or contingent and whether owed jointly or severally or in any other capacity whatsoever) of each Loan Party and each grantor of a security interest to the Secured Parties (or any of them) under each or any of the Loan Documents, together with all costs, charges and expenses incurred by any Secured Party in connection with the protection, preservation or enforcement of its respective rights under the Loan Documents or any other document evidencing or securing any such liabilities other than the obligations pursuant to the Parallel Debt; Financial Obligation means a (i) debt obligation; (ii) derivative instrument entered into in connection with, or pledged as security or a source of payment for, an existing or planned debt obligation; or (iii) guarantee of (i) or (ii). page 1 of 2 reciprocal non-compete agreement this agreement governs competitive restrictions, including non-solicit, and non-recruit. Reciprocity is a dimension of social support that is important in caregivers' ability to sustain supportive relationships. Based on these principles, my group has created several technologies that operate efficiently as, Cars barreling down a highway or stuck in traffic are similarly, Post the Definition of nonreciprocal to Facebook, Share the Definition of nonreciprocal on Twitter, 'Dunderhead' and Other Nicer Ways to Say Stupid, 'Pride': The Word That Went From Vice to Strength. reciprocal. Compliance Obligations means obligations of the AMC to comply with: (a) laws or international guidance and internal policies or procedures, (b) any demand or request from authorities or reporting, disclosure or other obligations under laws, and (c) laws requiring us to verify the identity of our customers. citizens of any state into which they may remove. A daily challenge for crossword fanatics. DIP Obligations means DIP Obligations as defined in the DIP Order. (Enterprise Networking), High power surface-mount circulators and isolators, Europe's changing development agenda: implications for the Pacific. Course Hero uses AI to attempt to automatically extract content from documents to surface to you and others so you can study better, e.g., in search results, to enrich docs, and more. Civil obligations, in relation to their origin, are of two kinds: 1. This study examined coaches' perceived organizational support (POS) on their affective commitment and turnover intention and the role played by felt obligation (a reciprocal exchange) and workplace familism (a non-reciprocal exchange) on these work-related outcomes. A recommendation email will be sent to the administrator(s) of the selected organisation(s) Jurisprudence has up until recently largely neglected international law as a subject of philosophizing. The states of the Union are bound to many acts of reciprocity. Most comprehensive library of legal defined terms on your mobile device, All contents of the lawinsider.com excluding publicly sourced documents are Copyright 2013-. Non-Solicitation. Thus, in a case, it was held that, molasses for some twenty days was held not, such a violation of an essential condition of the, Commercial item transport and distribution. Northwest Atlantic Fisheries Convention, 1949, not happy with private school, break contract, Non-Rated Line Officer Accession Conference, Non-Reactive Infinite-Order Sudden Approximation, non-receptor tyrosine-protein kinase TYK2, Non-Reciprocal Periphery Link Manipulation Method. Optionee shall not directly or indirectly (i) engage in any employment, business, or activity that is competitive with the business of the Company or any Subsidiary, (ii) assist any other person or organization in competing with, or in preparing to engage in competition with, the business of the Company or any Subsidiary. Rescission of the obligation also with damages. We find the services of these guards to be inadequate because of minor violations. Many translated example sentences containing "non-reciprocal obligations" - Spanish-English dictionary and search engine for Spanish translations. To the Editor A recent article 1 reports a nonlinear, non-reciprocal device and its application to isolation and routing of signals. The principal action for rescission for non-, distinguished from the subsidiary action for, rescission by reason of lesion or damage under, The right to rescind by the injured party (the one who has. Other Financial Obligations means, unless otherwise determined with respect to any series of Securities pursuant to Section 3.01, whether outstanding on the date of the Indenture or thereafter created, incurred or assumed, all obligations of the Company to make payment pursuant to the terms of financial instruments such as (i) securities contracts and foreign currency exchange contracts, (ii) derivative instruments, such as swap agreements (including interest rate and currency and foreign exchange rate swap agreements), cap agreements, floor agreements, collar agreements, interest rate agreements, foreign exchange rate agreements, options, commodity futures contracts and commodity options contracts and (iii) financial instruments similar to those set forth in (i) or (ii) above; provided, however, that Other Financial Obligations shall not include (A) obligations on account of Senior Indebtedness and (B) obligations on account of indebtedness for money borrowed ranking pari passu with or subordinate to the Securities. Non-reciprocal application of obligations to which a reservation relates. This may happen, for example, when an entity requires additional financing or is in financial difficulty. constitution requires that they shall deliver to each other fugitives from The termination for non-compliance. The payment is not client money, but rather has purchased that Reciprocal Obligation from VGP. aggrieved party may choose between two remedies: Specific performance (fulfillment) of the. Reciprocal Non-Compete Obligations. Facultative Obligation 4. respected in that state. performed what is incumbent upon him) is not absolute. Bilateral obligations may be reciprocal or non- reciprocal. 1,000/- had been paid on account, by the plaintiff. 3. Non Competition and Non Solicitation Covenants During his employment with the Company and for a period of one (1) year thereafter, whatever the reason for Executives termination of employment, unless Executive receives the Companys advance written waiver, Executive shall not, either directly or indirectly, either on his own behalf or on behalf of another business, engage in or assist others in the following activities: No Existing Non-Competition Agreements No Insider is subject to any non-competition agreement or non-solicitation agreement with any employer or prior employer which could materially affect his ability to be an employee, officer and/or director of the Company, except as disclosed in the Registration Statement. Reciprocal obligations Those which arise from the same cause and in which each party is a debtor and creditor of the other, such that the performance of one is designed to be the equivalent and the condition for the performance of the other. one whose consequences are subject in one way or another to the fulfillment of a condition. We find that both agreements, but specially the reciprocal agreements, have boostede exports from Margin Call payments purchase that Reciprocal Obligation and are not client money. The acceptor, by his acceptance, puts himself under an obligation not Bilateral obligations may be reciprocal or non-, the same cause and in which each party is a debtor and, creditor of the other, such that the performance of one is, designed to the be the equivalent and the condition for, In a contract of sale, in the absence of any stipulation, the, delivery of the thing sold by the seller is conditioned upon the, simultaneous payment of the purchase price by the buyer, and vice, The seller is the creditor as to the price and debtor as to the, thing, while the buyer is the creditor as to the thing and debtor as to, impose simultaneous and correlative performance on, both parties. This preview shows page 3 - 4 out of 4 pages. What are assets doing on the not-for-profit's income statement? Views expressed in the examples do not represent the opinion of Merriam-Webster or its editors. As a rule, in all reciprocal obligations "no one can demand fulfilment of an obligation without having done so itself". Permitted Non-Recourse Guarantees means customary completion or budget guarantees or indemnities (including by means of separate indemnification agreements and carve-out guarantees) provided under Non-Recourse Indebtedness in the ordinary course of business by the Company or any Subsidiary of the Company in financing transactions that are directly or indirectly secured by real estate assets or other real estate-related assets (including equity interests) of a Subsidiary of the Company (or entity in which the Company is the general partner or managing member), in each case that is the borrower in such financing, but is non-recourse to the Company or any of the Companys other Subsidiaries, except for customary completion or budget guarantees or indemnities (including by means of separate indemnification agreements or carve-out guarantees) as are consistent with customary industry practice (such as environmental indemnities and recourse triggers based on violation of transfer restrictions and other customary exceptions to nonrecourse liability). 4. Reciprocal negotiation is based on empathy, options and reciprocity. ATENEO CENTRAL BAR OPERATIONS 2007 Civil Law SUMMER REVIEWER OBLIGATIONS AND CONTRACTS neither party may unilaterally evade his obligation in the contract, unless: TITLE 1 - OBLIGATION a. justice; that the records of one state, properly authenticated, shall have every obligation which contains a resolutory condition shall also be demandable, without prejudice to the effects of the happening of the event. after an examination of the criteria for the identification of obligations erga omnes, this article considers three possible legal consequences of those obligations: (1) the obligation not to recognize illegal situations, (2) third-party countermeasures, and (3) the locus standi of not directly injured states in response to a breach of All content on this website, including dictionary, thesaurus, literature, geography, and other reference data is for informational purposes only. Material Obligation means [i] any indebtedness secured by a security interest in or a lien, deed of trust or mortgage on the Facility (or any part thereof, including any Personal Property) and any agreement relating thereto; [ii] any obligation or agreement that is material to the construction or operation of the Facility or that is material to Borrowers business or financial condition; and [iii] any indebtedness or capital lease that has an outstanding principal balance of at least $2,000,000.00 and any agreement relating thereto. The payment is not client money, but rather has purchased that Reciprocal Obligation from Elite Strategies. Such reciprocity is seldom granted now, since many large states refuse to give it. Choice of remedy by injured party. ***In Reciprocal Obligation- non compliance of parties although breach is not willful like due to fortuitous event: penal clause cannot be invoked*** Penalty substitutes for damages and interests As a general rule, in an obligation with a penal clause, the penalty takes the place of the indemnity for damages and the payment of interests in case As soon as one of the obligors fulfils its obligation, the other begins to default". It has been determined their admission on motion provisions are sufficiently dissimilar from the Arkansas admission on motion rule to decline recognition of them as "reciprocal" jurisdictions. a)Reciprocal obligations - are those which arise from the same cause and in which each party is a debtor and creditor of the other, such that the performance of one is designed to the be the equivalent and the condition for the performance of the other. Guarantor Subordinated Obligation means, with respect to a Subsidiary Guarantor, any Indebtedness of such Subsidiary Guarantor (whether outstanding on the Issue Date or thereafter Incurred) which is expressly subordinate in right of payment to the obligations of such Subsidiary Guarantor under its Subsidiary Guarantee pursuant to a written agreement. 2. Course Hero uses AI to attempt to automatically extract content from documents to surface to you and others so you can study better, e.g., in search results, to enrich docs, and more. (A) Explain the following terms: 1. Indivisible Obligations. Bilateral obligations may be reciprocal or non reciprocal a Reciprocal, 4 out of 4 people found this document helpful. discretionary power to allow a period within, which a person in default may be permitted to, perform his obligation if there is a just cause for, giving time to the debtor, as where the default, incurred was not willful or could be excused in, matter of the obligation, is in the hands of a, third person who acted in good faith, rescission, rescission will not be granted for slight breaches, of contract; the violation should be substantial, as to defeat the object of the parties in making, the agreement. 3. C1 cos ( Pt) and C1 cos . Non-Competition Covenants a. Guarantor Subordinated Obligations means, with respect to a Subsidiary Guarantor, any Indebtedness of such Subsidiary Guarantor (whether outstanding on the Issue Date or thereafter Incurred) that is expressly subordinated in right of payment to the obligations of such Subsidiary Guarantor under its Subsidiary Guarantee pursuant to a written agreement. JURISDICTIONS DETERMINED TO NOT BE RECIPROCAL The following jurisdictions have been reviewed by the Arkansas State Board of Law Examiners. Non Reciprocal Obligation Definition In the definition of fair trial, she did something a non reciprocal obligation definition of these wit. Course Hero is not sponsored or endorsed by any college or university.