Agreements

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  • Terms and Conditions of Purchase Order Agreement
    Terms and Conditions of Purchase Order Agreement

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    From:William Glover

    Document Overview:
    A sale of goods is a present transfer of title to movable property for a price. This price may be a payment of money, an exchange of other property, or the performance of services. The parties to a sale are the person who owns the goods and the person to whom the title is transferred. The transferor is the seller or vendor, and the transferee is the buyer or vendee. There is a Contrast between general contract Law and the law of UCC Sales In most instances, the UCC treats all buyers and sellers alike. In some cases, it treats merchants differently than it does the occasional or casual buyer or seller. The UCC recognizes that the merchant is experienced and has a special knowledge of the relevant commercial practices. An offer to buy or sell goods may be accepted in any manner and by any medium that is reasonable under the circumstances. However, if a specific manner or medium is clearly required by the terms of the offer or the circumstances of the case, the offer can only be accepted in that manner. Unless it is expressly specified that an offer to buy or sell goods must be accepted just as made, the offeree may accept an offer and at the same time propose an additional term. This is contrary to general contract law. Under general contract law, the proposed additional term would be considered a counteroffer and the original offered would be rejected. Under Article 2 of the UCC, the new term does not reject the original offer. A contract arises on the terms of the original offer, and the new term is a counteroffer. The new term does not become binding until accepted by the original offeror. If, however, the offer states that it must be accepted exactly as made, the ordinary contract law rules apply. In a transaction between merchants, the additional term becomes part of the contract if that term does not materially alter the offer and no objection is made to it. However, if such an additional term from the seller operates solely to the seller’s advantage, it is a
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  • Mediation Agreement with Mediator to Receive Hourly Rate Compensation
    Mediation Agreement with Mediator to Receive Hourly Rate Compensation

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    From:William Glover

    Document Overview:
    Mediation is nothing more than a process by which parties in a dispute negotiate a settlement of their claims against each other through the assistance of a trained, neutral mediator. It is a non-adversarial process. Mediation is entirely voluntary and non-binding. The mediator has no power to render a decision nor force the parties to accept a settlement. The mediator generally does not give an opinion or render an award. The mediator typically does not even have any knowledge of the case prior to mediation. On first glance, mediation would seem to be a very weak procedure, but its apparent weakness is in realty its strength. Because it is voluntary and non-binding, it is attractive to parties who do not want to litigate, yet who cannot negotiate directly. It is considered to be non-threatening, and most people take a what have I got to lose attitude with mediation. Also, mediation gives significance to values such as trust, respect, patience and tolerance. A unique attribute of mediation is that it affords each party the opportunity to communicate confidentially to the mediator about what his or her true feelings and expectations are when the parties are unable or unwilling to communicate these things directly to the other party. The mediator acts as a go-between for the two parties. The parties retain full control of the outcome and may drop out of the proceeding at any time. In mediation, the participants attack the problem as joint problem solvers rather than attacking one another. It is adaptable to most any situation. Although the parties who enter mediation do not have to commit to finding a solution, they do have to commit to dealing with each other in good faith in an effort to try to find a solution. Mediation can be very successful, depending a good deal on the ability of the mediator and the desire of the parties to reach an agreement out of court. However, it is not uncommon for parties to enter mediation believing that it will not work, only to emerg
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  • Purchase Order
    Purchase Order

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    From:William Glover

    Document Overview:
    A Purchase Order is buyer-generated document that authorizes a purchase transaction. When accepted by the seller, it becomes a contract binding on both parties. A purchase order sets forth the descriptions, quantities, prices, discounts, payment terms, date of performance or shipment, other associated terms and conditions, and identifies a specific seller.
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  • Submission of Specific Question to Arbitration with Award to be Entered as Court Order
    Submission of Specific Question to Arbitration with Award to be Entered as Court Order

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    From:William Glover

    Document Overview:
    An arbitration agreement should define clearly the matters to be arbitrated and specifically list those that are to be either included or excluded, if necessary or appropriate. It should also contain everything necessary to give the arbitrators jurisdiction over the parties and the subject matter to enable them to render a final award. Submission agreements may be as specific regarding the powers of the arbitrators or the procedure to be followed as the parties desire. In many instances, statutes govern the contents of arbitration agreements, but if the arbitration agreement is drawn pursuant to a provision for it in a previous arbitration, the arbitration agreement must conform to the terms of the agreement. Frequently it is desirable to stipulate, in the arbitration agreement, that judgment may be entered in the award made pursuant to the arbitration of the controversy.
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  • Long Form of Subcontract
    Long Form of Subcontract

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    $19.99

    From:William Glover

    Document Overview:
    A subcontract is a contract between the general contractor for a whole project, and another firm who will do part of the work. Subcontractors are hired by general contractors usually to reduce costs or to mitigate project risks. A subcontractor is an individual or in many cases a business that signs a contract to perform part or all of the obligations of another's contract. A subcontractor is a person who is hired by a general contractor (or prime contractor, or main contractor) to perform a specific task as part of the overall project and is normally paid for services provided to the project by the originating general contractor. While the most common concept of a subcontractor is in building works and civil engineering, the range of opportunities for subcontractor is much wider and it is possible that the greatest number now operate in the information technology and information sectors of business.
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  • Mediation Agreement Regarding Pending Action
    Mediation Agreement Regarding Pending Action

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    $19.99

    From:William Glover

    Document Overview:
    Mediation is a non-adversarial method of alternative dispute resolution (ADR) in which a neutral third party helps resolve a dispute. The mediator does not have the power to render a decision on the matter or order an outcome. If a satisfactory resolution cannot be reached, the parties can pursue a lawsuit. Mediation is often used to help a divorcing or divorced couple work out their differences concerning alimony, child support, custody, visitation and division of property. Some lawyers and mental health professionals employ mediation as part of their practice. Some states require mediation in custody and visitation disputes. Other states allow courts to order mediation and a few states have started using mediation to resolve financial issues as well.
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  • Agreement to Arbitrate Employment Claims between Corporate Employer and Executive Employee
    Agreement to Arbitrate Employment Claims between Corporate Employer and Executive Employee

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    $19.99

    From:William Glover

    Document Overview:
    Arbitration is a process in which the disputing parties choose a neutral third person, or arbitrator, who hears both sides of the dispute and then renders a decision. The big difference between mediation and arbitration is that a mediator helps the parties to fashion their own settlement, while an arbitrator decides the issue. An arbitrator is more like a judge than a mediator. The parties go into arbitration knowing that they will be bound by the decision. The parties go into mediation knowing that nothing will be decided unless and until they agree to it. Arbitration, however, is unlike litigation in that the parties choose the arbitrator, the proceedings are conducted in a private manner, and the rules of evidence and procedure are informal. Also, in arbitration, the arbitrators tend to be experts in the issues they are called on to decide. Arbitration has been the widest used ADR process in the business world, and would be especially desirable where the parties do not want to litigate an issue, but do want a binding decision. They can go into arbitration knowing that they can get a quick, and relatively inexpensive decision, which they agree they will be bound by. Mediation offers no guarantee of a decision. It is not uncommon to find arbitration provisions in business contracts.
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  • Submission of Pending Action to Arbitration and Stay of Action
    Submission of Pending Action to Arbitration and Stay of Action

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    $19.99

    From:William Glover

    Document Overview:
    In the legal context, a stay is a court order preventing further action until a future event occurs, or the order is lifted. Arbitration is a process in which the disputing parties choose a neutral third person, or arbitrator, who hears both sides of the dispute and then renders a decision. The big difference between mediation and arbitration is that a mediator helps the parties to fashion their own settlement, while an arbitrator decides the issue. An arbitrator is more like a judge than a mediator. The parties go into arbitration knowing that they will be bound by the decision. The parties go into mediation knowing that nothing will be decided unless and until they agree to it. Arbitration, however, is unlike litigation in that the parties choose the arbitrator, the proceedings are conducted in a private manner, and the rules of evidence and procedure are informal. Also, in arbitration, the arbitrators tend to be experts in the issues they are called on to decide. Arbitration has been the widest used ADR process in the business world, and would be especially desirable where the parties do not want to litigate an issue, but do want a binding decision. They can go into arbitration knowing that they can get a quick, and relatively inexpensive decision, which they agree they will be bound by. In drafting an agreement to submit the subject matter of pending litigation to arbitration, it is important for counsel to specify whether the agreement contemplates a dismissal of the pending action and cessation of the court's jurisdiction or whether the action is to be stayed pending the outcome of the arbitration.
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  • Submission to Arbitration of Dispute between Building Contractor and Owner
    Submission to Arbitration of Dispute between Building Contractor and Owner

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    $19.99

    From:William Glover

    Document Overview:
    Arbitration is a process in which the disputing parties choose a neutral third person, or arbitrator, who hears both sides of the dispute and then renders a decision. The big difference between mediation and arbitration is that a mediator helps the parties to fashion their own settlement, while an arbitrator decides the issue. An arbitrator is more like a judge than a mediator. The parties go into arbitration knowing that they will be bound by the decision. The parties go into mediation knowing that nothing will be decided unless and until they agree to it. Arbitration, however, is unlike litigation in that the parties choose the arbitrator, the proceedings are conducted in a private manner, and the rules of evidence and procedure are informal. Also, in arbitration, the arbitrators tend to be experts in the issues they are called on to decide. Arbitration has been the widest used ADR process in the business world, and would be especially desirable where the parties do not want to litigate an issue, but do want a binding decision. They can go into arbitration knowing that they can get a quick, and relatively inexpensive decision, which they agree they will be bound by. Mediation offers no guarantee of a decision. It is not uncommon to find arbitration provisions in business contracts.
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  • Employment Agreement with Executive Vice President of Human Resources
    Employment Agreement with Executive Vice President of Human Resources

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    $19.99

    From:William Glover

    Document Overview:
    The formation of the relationship of employer and employee by written agreement is, as a general matter, determined by the usual principles governing the formation of all contracts. The elements of a contract are: • an agreement • between competent parties • based upon the genuine assent of the parties • supported by consideration • made for a lawful objective • and in the form required by law.
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  • Notice of Intention to Arbitrate by Attorney of One of the Parties
    Notice of Intention to Arbitrate by Attorney of One of the Parties

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    $14.99

    From:William Glover

    Document Overview:
    Where the parties to an agreement have previously agreed to submit future controversies to arbitration, one of the parties may commence the arbitration proceedings by serving the other party with a demand or request for arbitration in accordance with the terms of their agreement to arbitrate.
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  • Notice by Party of Intent to Arbitrate - Demand for Arbitration
    Notice by Party of Intent to Arbitrate - Demand for Arbitration

    $14.99

    $14.99

    From:William Glover

    Document Overview:
    Where the parties to an agreement have previously agreed to submit future controversies to arbitration, one of the parties may commence the arbitration proceedings by serving the other party with a demand or request for arbitration in accordance with the terms of their agreement to arbitrate.
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  • Agreement to Arbitrate all Differences Arising out of Contract
    Agreement to Arbitrate all Differences Arising out of Contract

    $19.99

    $19.99

    From:William Glover

    Document Overview:
    Arbitration is a process in which the disputing parties choose a neutral third person, or arbitrator, who hears both sides of the dispute and then renders a decision. The big difference between mediation and arbitration is that a mediator helps the parties to fashion their own settlement, while an arbitrator decides the issue. An arbitrator is more like a judge than a mediator. The parties go into arbitration knowing that they will be bound by the decision. The parties go into mediation knowing that nothing will be decided unless and until they agree to it. Arbitration, however, is unlike litigation in that the parties choose the arbitrator, the proceedings are conducted in a private manner, and the rules of evidence and procedure are informal. Also, in arbitration, the arbitrators tend to be experts in the issues they are called on to decide. Arbitration has been the widest used ADR process in the business world, and would be especially desirable where the parties do not want to litigate an issue, but do want a binding decision. They can go into arbitration knowing that they can get a quick, and relatively inexpensive decision, which they agree they will be bound by. Mediation offers no guarantee of a decision. It is not uncommon to find arbitration provisions in business contracts.
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  • Business Consultant Agreement
    Business Consultant Agreement

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    $19.99

    From:William Glover

    Document Overview:
    A Business Consultant is a person engaged to provide professional advice or services for a fee, but not as an employee of the business that engages him or her. Hiring a consultant is different from hiring almost any other kind of employee, and it's different from purchasing most outsourced services, too. For one thing, consultants are expensive. They can cost anywhere from several hundred to several thousand dollars a day. Make sure you know what the consulting fees will be and exactly what you'll get for paying them. Consultants should provide a more customized solution to your business problem than most outsourced providers. Make sure any consultant you hire asks lots of questions about your needs and listens to your answers. Be sure your description of your needs is specific, and avoid consultants with preconceived notions about solutions.
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  • General Form of Employnent Agreement
    General Form of Employnent Agreement

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    $19.99

    From:William Glover

    Document Overview:
    The formation of the relationship of employer and employee by written agreement is, as a general matter, determined by the usual principles governing the formation of all contracts. The essentials of a binding employment contract include offer and acceptance, mutual assent, certainty as to parties, nature and extent of employee's duties, and compensation. Although indefiniteness as to the term of an employment contract will generally not be fatal to its enforcement, most written employment agreements should specify a definite term.
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