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In the United Kingdom, a take-or-pay clause included in a contract between M&J Polymers and Imerys Minerals was found on its own facts to be "commercially justifiable" in a 2008 High Court ruling, [1] allowing suppliers in certain contexts to maintain "confidence in using take or pay clauses in their supply contracts" so long as they have been ...
A power purchase agreement (PPA), or electricity power agreement, is a long-term contract between an electricity generator and a customer, usually a utility, government or company. [ 1 ] [ 2 ] PPAs may last anywhere between 5 and 20 years, during which time the power purchaser buys energy at a pre-negotiated price.
The Chartered Institute of Procurement & Supply makes a distinction between a "framework contract" and a "framework agreement". Under a framework contract, some form of consideration is paid "up front" to secure the commitment of the supplier to the agreed terms and conditions. The value of the consideration may be for a nominal amount only.
The shareholders agreement (SHA) is an agreement between the project sponsors to form a special purpose company (SPC) in relation to the project development. This is the most basic of structures held by the sponsors in a project finance transaction. This is an agreement between the sponsors and deals with: Injection of share capital; Voting ...
The Government should make sure there is a release of claims (ROC) clause in the REA's contract modification – FAR / DFARS do not have a sample ROC clause. In the context of FAR Part 12 commercial items, the changes clause requires bilateral agreement. A substantial number of federal cases deal with REAs:
A standard form contract (sometimes referred to as a contract of adhesion, a leonine contract, [a] a take-it-or-leave-it contract, or a boilerplate contract) is a contract between two parties, where the terms and conditions of the contract are set by one of the parties, and the other party has little or no ability to negotiate more favorable terms and is thus placed in a "take it or leave it ...
A service-level agreement is an agreement between two or more parties, where one is the customer and the others are service providers. This can be a legally binding formal or an informal "contract" (for example, internal department relationships). The agreement may involve separate organizations or different teams within one organization.
Meet-or-release contracts are contracts that include "meet or release" competition clauses.It is where a company agrees with a [customer] to sell a product at a certain given price.
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