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Archive for September, 2021

Oracle Cloud Hosting Agreement

September 30th, 2021 No comments

If you want to know more about this topic, I recommend you visit: www.oracle.com/us/corporate/contracts/cloud-services/index.html Of course, cloud contracts are not easy. The agreement governing the purchase of cloud licenses is called the Oracle Cloud Services Agreement (CSA). In this context, there is also a data processing agreement (DPA). The CSA contract concerns the services offered, while the DPA applies to the processing of personal data. According to the online definition, a cloud is “a visible mass of small droplets of water or ice particles floating in the sky.” It`s beautiful and simple, isn`t it? But what about the cloud when it comes to the IT world? Simply put, the cloud is represented by servers located inside a data center connected to the Internet. Of course, terminology is not limited to this and it can have a broader meaning. But it`s not very visible and it`s certainly not small! So, what`s new and interesting about cloud contracts? It`s your lucky day! Oracle Cloud agreements now offer the possibility of two different types of software license audits. As with many other vendors, Oracle`s distribution strategies currently focus on promoting the cloud. Although Oracle has a reputation for not being “mature” in this area, I am confident that this will change in the future. In fact, Oracle`s total cloud revenue grew 59% in the last quarter to $969 million, demonstrating the cloud`s growth potential.

In 2015, I attended the DOAG (German Oracle Users Group) conference in Nuremberg, and the star of the event was the cloud. Not surprising at all. And with the rise of cloud printing, customers are faced with confusing and complex licensing rules. Oracle in the cloud is a recent and also very complex topic. In my next series of articles, I`ll tell you about cloud models and metrics that will help you properly manage your licenses and subscriptions. Gain license clarity before moving to SAP S/4 HANA This is an important exercise to help reduce Oracle expense costs – “deliver more on Oracle products with fewer cores”. All of the following points may require non-standard permissions and negotiations on the territorial clause with Oracle, but are critical elements for optimization…

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Ohio Union Agreement

September 30th, 2021 No comments

According to the NLRB, a union that is your exclusive representative to your employer owes workers in the bargaining unit an obligation of fair representation, which means that it must treat all bargaining members fairly and equitably when representing them before the employer. This obligation arises if you have an individual dispute with your employer, for example. B a disciplinary case or dismissal, and may be violated if the exclusive negotiator (the union) does not properly represent you in this dispute. If you pay agency fees, the union must represent you in negotiations with the employer, such as in an open bargaining unit. However, the functions of the union stop there – if you are not an official member, you will not get more comprehensive protection, such as for example. B disciplinary procedures contained in trade union contracts. This agreement is legal as long as your state has not adopted the “right to work”. Most examples of this type of trade are public sector unions, including teachers` unions. Association for Union Democracy (AUD) 104 Montgomery StreetBrooklyn, NY 11225Phone: 718-564-1114info@uniondemocracy.orgwww.uniondemocracy.orgAUD is a non-profit, worker-friendly organization committed to promoting the principles and practices of democratic unionism in the North American labor movement and union members who are fighting for greater control of their unions, assistance with organizing, education, and justice.

As a member of a union, you receive all the benefits of the union when negotiating employment benefits with your employer. If your union negotiates payments and benefits on behalf of many workers, you are part of a much larger group, which usually has much greater bargaining power in relations with employers. For example, a worker may think that new safety measures should be implemented, but may not be able to get their employer to agree. If more workers unite in a bargaining unit to pressure the company to implement safety measures, there is a much better chance that the company will listen. This is generally referred to as collective bargaining. If you object to your contributions being spent for a specific purpose, you have the right to object until it is established whether the money spent is being used for activities related to your representation in negotiations with the employer. According to a 1988 U.S. Supreme Court decision, known as “Beck,” unions cannot require non-members to pay full agency fees when a portion is used to pay the cost of union political activities. As a result, unions may be required to calculate the percentage of their total budget for political activities and reimburse that portion of your agency fees (which can be very small…

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Notice Period Of Rental Agreement

September 29th, 2021 No comments

Visit the Victorian Civil and Administrative Court for help calculating the minimum total number of days, based on the required notice period and the type of delivery. Your landlord can end the sea at any time by providing a written “declaration of termination”. The notice period depends on the lease or contract, but is often at least 4 weeks. A tenant must terminate the contract at least 14 days in advance, unless the administrator/owner has breached the agreement. The rental agreement expires on the end date of the contract or at the end of the notice period (which is longer). Your resignation should therefore end on either the 3rd or 4th of the month. Also set the lock-in time during which neither the tenant nor the landlord can terminate the contract and make sure that it is also mentioned in the agreement. “The agreement should clearly state the consequences of termination by one of the parties before the end of the lock-in period,” said Rajat Malhotra, a partner at Laware Associates, a Delhi-based law firm. If the tenant has to leave the house before the end of the lock-in period, the deposit is cancelled by the landlord. If the landlord wants the house to be evacuated before the end of the lock-in period, he must compensate the tenant by paying an amount equivalent to the deposit in addition to the actual deposit. Whether you`re a landlord or a tenant, it`s important to know the differences between a periodic lease and a temporary rental agreement so you can choose the one that`s right for you. Your landlord cannot evict you if they have received a notification from Council about a complaint you have filed with Council about living conditions on the property.

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Non Compete Agreement Georgia

September 29th, 2021 No comments

The new Georgian statute has radically changed the way Georgia views non-competition rules in favour of companies. Whereas previously almost any non-competition clause would be considered “contrary to public policy”, the new law makes competition bans enforceable and easy to use. Firstly, for a non-competition clause to be valid in Georgia, the Treaty must contain a valuable counterpart. If you want one of your current employees to sign one of these agreements, you need to offer them something valuable in exchange. Review of your agreements is at your discretion and may vary from agreement to agreement. A: Most non-compete provisions have a choice provision that designates the applicable law of the state. In the absence of such a provision, the law of the State in which the worker works generally applies. Competition bans, also known as Covenants to Not Compete or restrictive covenants, are common in employment contracts, work applications, and contracts for the sale of businesses. The general objective of these agreements is to limit, for a specified period, the capacity of workers who sign the agreement against the employer in a given geographical area.

If you sign it, you generally agree that you will not be competing with your employer by taking part in a similar activity, as a worker, independent contractor, owner, partner, significant investor and all other forms of competition identified by your employer to cover its foundations. Summary: With effect from May 2011, the Law on Restrictive Practices of Georgia (CAR) made a significant amendment to existing Georgian legislation. Since then, however, very few courts have interpreted the CAR, so employers and practitioners question both how and under what circumstances restrictive agreements can be used to protect an employer`s legitimate business interests. [1] One of the few statutory interpretation decisions, CSM Bakery Solutions, LLC v. Debus (N.D. Ga. 2017), points out that some Georgian employees are simply immune from competition bans after the employment relationship, even if the agreements are tailored to the duration, geographical proximity and scope of the excluded activity. That is what matters. The courts` approach to non-competition clauses varies considerably from state to state. Some states are very keen to impose alliances to avoid competition and will actively rewrite those that are too broad geographically or over time to make them easier to implement.. .

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New Jersey Residential Agreement Of Sale

September 28th, 2021 No comments

The law requires that at the time of registering a list of real estate, a licensee provide the owner with a copy of a summary of the New Jersey Law Against Discrimination N.J.S.A. 10:5-1 et seq., commonly known as the Attorney General`s Memorandum. The purpose of the memorandum is to help owners and licensees comply with New Jersey Law Against Discrimination and federal laws that prohibit discrimination when selling or renting real estate. The Attorney General`s Memorandum outlines the New Jersey Law Against Discrimination to ensure that equitable housing is created for all. New Jersey property owners should be aware of federal and state anti-discrimination laws, regardless of residential or commercial purposes. In addition, the person must indicate how they will pay if their offer is accepted. Once the seller has received the contract form, they can choose to accept, negotiate or decline the buyer`s offer. If the seller accepts the contract, both parties must sign the document as stated in order for the sale to be concluded. Seller`s Property Disclosure Statement (§ 46: 3C-10) – This form is necessary because of the “seller`s responsibility to disclose conditions that may have a significant influence on the value of the residential property”.

The New Jersey Residential Real Estate Purchase Agreement (“Purchase and Sale Agreement”) is a written document describing the terms of a real estate transaction between a buyer and seller of real estate. The conditions include the purchase price, the address of the property, the deadline for deposit and much more. .

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Mutual Wills Agreement

September 28th, 2021 No comments

The more people who agree to make a common will, the more complicated the situation will be. When discussing wills with your clients, it is therefore important to explain that what is said about testamentary dispositions can be as important as what is written. A joint will is a single document executed by more than one person (usually between spouses) and takes effect with respect to the estate of each signatory upon his or her death (unless he or she revokes the will during his or her lifetime). [Citation required] Although it is a single document, the common will is a separate distribution of ownership by each executor (signatory) and is treated as such upon admission to the estate. Reciprocal wills are two (or more) wills that bind both parties, so that after the first death, the survivor is limited in his ability to dispose of his property by the agreement he concluded with the deceased. Historically, these wills have played an important role in ensuring that the ownership of the children of a marriage and not of a spouse of a widow or widower is transferred upon remarriage. So the result was a bit surprising and perhaps a warning that a will can be considered reciprocal if it might not have been actually intentional. In Olins v Walters [2009] 2 WLR 1 C.A.[5], the Court of Appeal held that, although this is a necessary condition for a mutual will, that there is clear and satisfactory evidence of a contract between the heirs, it is nevertheless legally sufficient that the contract preempts a deceased: make a will in a particular form and not revoke it without informing the other. The deceased would also make a will in a particular form and undertake not to revoke it without informing the first deceased. As soon as such a contract is concluded, the equity will impose on the surviving deceased a constructive confidence not to transfer the property otherwise.

There are no more detailed contractual conditions, since the solution to this situation must not be based on the concrete performance of contractual obligations, but on the implementation of the trust and the intentions of the parties must be sufficiently expressed to lay the foundations for this cheap commitment. In the case, it was also found that the trust`s public policy obligation, when established, became immediately binding on the surviving deceased with the death of the former and was not postponed until after the death of the second or last deceased, when the property or what remained of it entered the hands of his personal representatives. . . .

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Month To Month Lease Agreement South Africa

September 28th, 2021 No comments

This is the same protection offered to a supplier, but there must also have been a major error on the part of the consumer to comply with the fixed-term contract before a supplier can terminate his contract. The deposit is held in trust in case of damage – the tenant can at no time use the landlord as rent during the lease and especially not during the last month of the contract. In the case of a monthly lease, the duration of the lease must not exceed one month. Your fixed-term lease is now a “monthly” lease. Nothing changes, except that the lease no longer applies for a specified period, but continues indefinitely, except and until one of the parties gives one month`s written notice. As mentioned above, if the tenant lives in the property at the end of the lease, the lease will continue as it was, except that the duration of the lease is one month. In other words, it is now a monthly lease. In this case, the notice period is one month for both parties. However, this does not apply to cancellations for breach of the rental agreement (e.g.B. non-payment of rent).

Remember that even if no written lease agreement is established detailing the monthly agreement, the terms of the old lease agreement continue to apply and therefore any breach of these terms is a legitimate reason for a lessor to terminate the lease. If the tenant has a dispute with his landlord, the tenant has a remedy. It is advisable to have a written lease, but the tenant still has rights if the lease is oral When the lessor then terminated the tenant he refused, he did not move until four months later. The owner sued him for various sums, including damages for “additional costs”. The lessor is only entitled to pass on the increase in its taxes or rates and taxes as a monthly fee if the rental agreement expressly provides for this. Of course, your lease can be a monthly lease from the beginning – we only talk in this article about the concept of fixed-term leases that expire and become automatic from month to month. When can a lease be terminated or terminated? As a rule, a landlord will ask the tenant to pay a deposit in advance in case of damage. The deposit can be 1 or 2 monthly rents, depending on criteria such as the tenant`s credit profile or the condition/value of the property….

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Mfb Ufu Operational Staff Agreement 2016

September 27th, 2021 No comments

This includes continuing union consultations on operational issues, which critics, including the former leadership, have called veto. Secondly, it is difficult, if not impossible, to see how the agreement does not change the role of volunteers. While the CFA and volunteer firefighters are clearly advancing the issue and making their position clear and public, the UFU is relatively calm. UFU officials have been quoted in the press (e.g. B”Victoria`s CFA, Union Enterprise Bargaining Agreement Dis Explained”, ABC News (online) 8 June 2016), but there is very little on the UFU website to refute arguments that the proposed agreement constitutes a radical change to the CFA and the role of volunteers. You said that “it is actually a mistake to call the CFA a voluntary organization.” Doesn`t that mean the 6F is invalid? I understand your position on all the laws that are used to judge competing values. But don`t you think that sacrificing something of concrete value – public safety with safety and rights at work – is an unusual decision to serve something quite symbolic – the “esteem” of volunteers? The public is right to appreciate our selfless and vital volunteers – but I don`t think they would choose to do so in a way that significantly reduces public safety. There are areas where volunteer brigades have resisted the CFA`s desire to go and get staff. This resistance has been taken seriously because of the subordination of staff to volunteers in the law and within the structure of the board of directors and the culture that consequently prevails within the cfa leadership. Personally, I think that public opinion in these regions would be horrified if it understood the impact on their security, mainly because of the different reaction times.

Thus, sections 6f-6i are . Obstacles that stand in the way of common sense”? It depends on what you see as “common sense.” Common sense may be that if you can send seven firefighters and you are 3 volunteers and 4 are paid, it is “common sense” to do so and not ask for the sending of 3 other paid employees. Similarly, letting the most experienced and best-qualified firefighter take control of all firefighters, regardless of each firefighter`s employment status, is common sense. On the other hand, one could say that “common sense” requires the dispatch of seven paid firefighters, because this is necessary to effectively fight fires. I am sure that, in this dispute, everyone is arguing in favour of common sense between them and their colleagues. Second, this clause states that “the parties have given priority to the health and safety of the worker covered by this agreement … Given that volunteers are not parties to the agreement, I will conclude that this clause must be interpreted in such a way that “the parties have agreed to prioritize the health and safety of staff before other concerns”, and not as “the parties have agreed to prioritize the health and safety of personnel before others, like volunteers,” but it is ambiguous and the clause may well: That the health and safety of paid firefighters be treated differently from volunteers. Under this clause, clothing, equipment, etc., may be exposed to volunteers that paid staff would not approve. If Victoria had passed the Model Work Health and Safety Act 2011, this would be problematic, given that any obligation owed to a “worker”, whether that worker is paid or voluntary. In Victoria, the Occupational Health and Safety Act deals with “workers” and “employers”, so this clause may qualify, but could lead to different levels of uniform and equipment.. . .

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Mastercam License Agreement

September 27th, 2021 No comments

“Software piracy is a serious problem for the software industry. According to some industry analysts, more than one in three copies of the software installed on computers worldwide was stolen in 2008. Revenue lost due to software piracy during this period is estimated at more than $50 billion worldwide. CNC Software, Inc. takes piracy very seriously. We are committed to ensuring that our licensed customers` investments are protected by not tolerating piracy of Mastercam software. and its Mastercam family of products, contact CNC Software, Inc., M – F, 8 AM – 5 PM EST under [eeb_content] (800) 228-2877 or (860) 875-5006,.. 671 Old Post Road, Tolland, CT 06084 [/eeb_content]. Or visit www.mastercam.com. We heard that Ansys could track users who sign up for their system (at least one Canadian owner shared this belief with us) and they can send you a letter (through one of their resellers – in case we are linked to it, the Simotech group came). While our law firm is not licensed to practice law in Canada and therefore we cannot deliberate on Canadian laws, this prompted me to look at Ansy`s EULA license agreement to see what it says, in which jurisdiction a federal lawsuit could be brought. Here`s what I found on their site: every case is different.

Here`s a blog we wrote, with general copyright defenses. Either way, in this case, the reseller seems willing to sell a licensed version of the software against a copyright sharing and transaction agreement…

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Maharashtra Stamp Act Loan Agreement

September 26th, 2021 No comments

Guarantee the repayment of advances or repayments by loans or existing or future debt for the export of goods abroad. In addition, to the extent that stamp duty is already paid, if any, if a transfer is subsequently made under such a sales contract and has been recovered on the basis of the sales contract considered to be transport, to the entire tax levied on transport.] (b) and, in addition to the stamps already affixed to that document, that act [or a copy of the document] shall bear the stamps necessary for the fee for consideration referred to in point (a) of this Section, in the same manner and at the same time and by the same persons, as if that act [or a copy of the document] were a document; who, in that State, for the first time at the time when he was subject to the higher tax; and the Indian Stamp Act of 1899 was enacted to consolidate and amend the Stamp Act. It extended to all of India, with the exception of the state of Jammu and Kashmir. The Indian Stamp Act, 1899 is Central Enactment and the State has the power to take over the Indian Stamp Act of 1899 with an amendment to match the transaction specific to each State. Some states introduced “Schedule I” into the State of India Act, the stamp duty payable in the state in 1899. States such as Maharashtra (The Bombay Stamp Act, 1958), Gujarat (The Gujarat Stamp Act. 1958), Karnataka (The Karnataka Stamp Act, 1957), Kerala (The Kerala Stamp Act 1959) and Rajasthan (The Rajasthan Stamp Act, 1998) have their separate Stamp Act, while many states follow India`s Stamp Act of 1899. (a) stamps purchased but not used or for which no remuneration has been claimed on or before the date of entry into force of the Bombay Stamp (Amendment) Act 1989 (hereinafter `the beginning and period of six months from the date of purchase of such stamps have not expired before the start date); may be used before the expiry of a period of six months from the date of purchase of such stamps or for the use of remuneration in accordance with the relevant provision of this Act; and stamps that are not used or delivered in this way within the aforementioned period become null and void. (iii) for religious or charitable purposes and includes a written agreement to make such a decision and, if such a decision has not been made in writing, a document that sets out the conditions for such a decision, whether by a declaration of confidence or by other means; Historically, stamp duty was limited to mortgage, deposit and fair mortgage instruments in the state of Maharashtra. However, in July 2009, the Maharashtra government introduced an insolent tax (ad valorem) of 0.2% of the guaranteed amount. This was a significant deviation from the position of almost all other states in the country where the tax is either limited or nominal. As a result, financing operations in Maharashtra have been subject to extremely high stamp duties….

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