mutual indemnification clause construction
(B) the prescribed statement of the estimated cost to the corporation of making the proposed modification, indicating the manner in which the corporation proposes to pay the cost, (iv) contains a copy of the text of section 46 and this section; and. Persons who are employed or whose services are retained by the condominium authority. 2020, c. 7, Sched. 2015, c. 28, Sched. To the lessor, the amount, if any, that is required to repair damage to the property that has not been repaired. (4) At least 30 days before the start of each fiscal year of the corporation after its first fiscal year, the board shall prepare a budget for the ensuing fiscal year that covers the corporations general and reserve fund accounts and that is prepared in accordance with the regulations. (4) An easement that is created under subsection (1) is valid even though the declarant owns the land to be benefited or burdened by the easement in addition to owning the land relating to the easement that is described in the description. The subscription of capital shall be according to the key established in accordance with Article 29.28.3. Article 141(1) of the Treaty on the Functioning of the European Union and Articles 43 to 47 of the Statute shall have effect, whether or not there is any Member State with a derogation, subject to the following amendments:(a) References in Article 43 to the tasks of the ECB and the EMI shall include those tasks that still need to be performed in the third stage owing to any decision of the United Kingdom not to adopt the euro. (3) A disclosure statement shall specify the date on which it is made and shall contain, Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 72 (3) of the Act is amended by striking out the portion before clause (a) and substituting the following: (See: 2015, c. 28, Sched. 43 (1) The board elected or appointed at a time when the declarant owns a majority of the units shall, not more than 21 days after the declarant ceases to be the owner of the majority of the units, call a meeting of owners to elect a new board. The Court of Justice of the European Union shall have jurisdiction in any dispute between the ECB and its servants within the limits and under the conditions laid down in the conditions of employment. The Member States shall work together to enhance and develop their mutual political solidarity. As a complement to its lending activity, the Bank may provide technical assistance services in accordance with the terms and conditions laid down by the Board of Governors, acting by a qualified majority, and in compliance with this Statute. 54 Unless this Act indicates otherwise, anything required to be given to an owner or a mortgagee under this Act is sufficiently served if it is given in accordance with subsection 47 (4) or (5), as the case may be. They shall be appointed by common accord of the governments of the Member States for six years. The Executive Board shall be responsible for the current business of the ECB.11.7. Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 125 (1) of the Act is amended by adding in accordance with the prescribed requirements, if any after agreement. 1998, c.19, s.9(5). if the property is subject to that Act. The use of Union competences is governed by the principles of subsidiarity and proportionality. 2015, c. 28, Sched. (8) The person who conducts a performance audit shall prepare a written report that includes. 1, s. 107 (4). (4) If the corporation has passed a by-law under clause (1) (f), the corporation shall have the capacity and authority to appeal under section 40 of the Assessment Act on behalf of owners but shall not be liable for an alteration in the assessment of a unit or for any other matter relating to the appeal, except for the costs of the appeal. Declaration on the second paragraph of Article 48 of the Treaty on the Functioning of the European UnionThe Conference recalls that in that case, in accordance with Article 15(4) of the Treaty on European Union, the European Council acts by consensus.24. 1, s. 105 (2)). (4) If an owner of a unit obtains an award of damages, compensation or costs against a corporation in an order made under subsection 134 (3) or 135 (3), the owner is entitled to recover from the corporation the amount of the award, together with any additional actual costs to the owner in obtaining the order. 11.4. 1998, c.19, s.126(2). Complete performance occurs when all aspects of the parties' duties under the contract are carried out: _______. 1, s. 23 - not in force, Note: On a day to be named by proclamation of the Lieutenant Governor, the Act is amended by adding the following section: (See: 2015, c. 28, Sched. (2) Upon the registration of the amendments to the declaration and description required for creating a phase, the declarant shall turn over to the board all materials mentioned in subsections (1) and 43 (4) and clauses 43 (5) (a) to (h) and (l) and (m) that relate to the phase and that the declarant has not previously turned over to the board. 1, s. 54 (2). At any time and without prejudice to Article 7, Denmark may, in accordance with its constitutional requirements, notify the other Member States that, with effect from the first day of the month following the notification, Part I shall consist of the provisions in the Annex. Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 166 (4) of the Act is repealed and the following substituted: (See: 2015, c. 28, Sched. 2015, c. 28, Sched. 2015, c. 28, Sched. 2015, c. 28, Sched. (4) Despite any provision in a mortgage or subsection 6 (2) of the Mortgages Act, a mortgagee may not require that proceeds received under an insurance policy on the property or on a part of the property or a payment received out of the guarantee fund under subsection 14 (3) or (4) of the Ontario New Home Warranties Plan Act be applied towards the discharge of the mortgage; a requirement that contravenes this subsection is void. 1, s. 12. 1, s. 120 - 01/09/2017. The Court of Justice of the European Union shall, within the limits hereinafter laid down, have jurisdiction in disputes concerning measures adopted by organs of a body incorporated under Union law. 1998, c.19, s.80(4). Accordingly, the Commission should liaise closely with all Member States, whether or not they have a national serving as member of the Commission, and in this context pay special attention to the need to share information and consult with all Member States.The Conference also considers that the Commission should take all the necessary measures to ensure that political, social and economic realities in all Member States, including those which have no national serving as member of the Commission, are fully taken into account. The adjusted key shall apply with effect from the first day of the following year. 1, s. 146 (1) - 01/09/2017. 1998, c.19, s.74(8); 2000, c.26, Sched. (7) No cause of action arises against the Crown, a minister of the Crown, a Crown employee or a Crown agent as a direct or indirect result of the revocation or restriction of the designation of the condominium authority or any regulation made under subsection (6). The European Council shall meet twice every six months, convened by its President. The Council shall adopt by a qualified majority, on a proposal from the High Representative of the Union for Foreign Affairs and Security Policy, decisions establishing: (a) the procedures for setting up and financing the start-up fund, in particular the amounts allocated to the fund; (b) the procedures for administering the start-up fund; When the task planned in accordance with Article 42(1) and Article 43 cannot be charged to the Union budget, the Council shall authorise the High Representative to use the fund. IMaCS shall provide the services at its then-prevailing commercial rates. The criterion on the convergence of interest rates referred to in the fourth indent of Article 140(1) of the said Treaty shall mean that, observed over a period of one year before the examination, a Member State has had an average nominal long-term interest rate that does not exceed by more than two percentage points that of, at most, the three best performing Member States in terms of price stability. (12) A party removing personal property under subsection (11) shall, (a) carry out the removal in a manner that facilitates the installation of other similar personal property for the purposes of telecommunications; and. The High Representative of the Union for Foreign Affairs and Security Policy, acting under the authority of the Council and in close and constant contact with the Political and Security Committee, shall ensure coordination of the civilian and military aspects of such tasks. Within the framework of the task set out in Article 309 of the Treaty on the Functioning of the European Union, the Bank shall grant finance, in particular in the form of loans and guarantees to its members or to private or public undertakings for investments to be carried out in the territories of Member States, to the extent that funds are not available from other sources on reasonable terms.However, by decision of the Board of Governors, acting by a qualified majority on a proposal from the Board of Directors, the Bank may grant financing for investment to be carried out, in whole or in part, outside the territories of Member States.2. 1998, c.19, s.119(5). TAKING ACCOUNT of the desire to use these funds for research in sectors related to the coal and steel industry and therefore the necessity to provide for certain special rules in this regard. 1, s. 70). The United Kingdom may notify the Council at any time of its intention to adopt the euro. 1998, c.19, s.139(4). (5) Except as provided by this Act, the common elements shall not be partitioned or divided. (4) Repealed: 2015, c. 28, Sched. The directors shall be appointed by the Board of Governors for five years, one nominated by each Member State, and one nominated by the Commission. 1998, c.19, s.97(6). 21.1 (1) Subject to the regulations, if any of the following persons or any combination of them share or are proposed to share in the provision, use, maintenance, repair, insurance, operation or administration of any land, any part of a property or proposed property, any assets of a corporation or any facilities or services, they shall enter into an agreement that meets the prescribed requirements and shall ensure that it is registered in accordance with the regulations: 3. When, every three years, the Judges are partially replaced, 14 and 13 Judges shall be replaced alternately. The statistical data to be used for the application of this Article shall be provided by the Commission in accordance with the rules adopted by the Council under the procedure provided for in Article 41.29.3. The provisions of the previous paragraphs are without prejudice to the voting rights of all members of the Governing Council, with and without a voting right, under Articles 10.3, 40.2 and 40.3. Declaration concerning the legal personality of the European UnionThe Conference confirms that the fact that the European Union has a legal personality will not in any way authorise the Union to legislate or to act beyond the competences conferred upon it by the Member States in the Treaties.25. If the business continues to offer services, its policies typically extend indemnification making the purchase of a runoff provision unnecessary. REAFFIRM their conviction that the European Investment Bank should continue to devote the majority of its resources to the promotion of economic, social and territorial cohesion, and declare their willingness to review the capital needs of the European Investment Bank as soon as this is necessary for that purpose. (a) the board of each amalgamating corporation has held a meeting in accordance with subsections (2) and (3); (b) the owners of at least 90 per cent of the units of each corporation as of the date of that corporations meeting have, within 90 days of the meeting, consented in writing to the registration of the declaration and description; and, Note: On a day to be named by proclamation of the Lieutenant Governor, clause 120 (1) (b) of the Act is amended by striking out within 90 days of the meeting and substituting within 120 days of the meeting or such other time that is prescribed. 1998, c.19, s.60(3); 2000, c.26, Sched. The Contractor agrees that they will not disclose, divulge, reveal, report or use, for any purpose, any Confidential Information which the Contractor has obtained, except as authorised by the Client or as required by law. (5) The corporation shall pay to each of the owners who served a notice of intention in accordance with subsection (3), the deficiency in the amount to which the owner is entitled if the net proceeds of the sale are inadequate to pay the amount, subject to the conditions, if any, that are prescribed. 1, s. 123). (6) A judgment for the payment of money against the corporation is also a judgment against each owner at the time of judgment for a portion of the judgment determined by the proportions specified in the declaration for sharing the common interests. 1998, c.19, s.166(4). (5) If a corporation is subject to an assessment under subsection (1), the assessment shall form part of the common expenses of the corporation. (2) Subject to subsection (4), if an owner, a lessee of an owner, a person residing in the owners unit with the permission or knowledge of the owner, or any other person or thing that is prescribed, through an act or omission causes damage to a unit, the common elements or the assets, if any, of the corporation, subject to subsection (3), and if the corporation has obtained and maintained coverage for the damage under an insurance policy, the amount that is the lesser of the cost of repairing the damage and the deductible limit of the insurance policy shall be added to the contribution to the common expenses payable for the owners unit. 1, s. 1 (3) - 01/05/2018; 2015, c. 28, Sched. 1, s. 10 - 14/07/2020. 2015, c. 28, Sched. 143 In addition to the requirements of subsection 72 (3), a disclosure statement for a common interest in a common elements condominium corporation shall contain, (a) a statement that the common interest attaches to the owners parcel of land described in the declaration of the corporation and cannot be severed from the parcel upon the sale of the parcel or the enforcement of an encumbrance registered against the parcel; and. Finally, the activities of the Bank and of its organs carried on in accordance with its Statute shall not be subject to any turnover tax.Article 22(ex Article 23)This Protocol shall also apply to the European Central Bank, to the members of its organs and to its staff, without prejudice to the provisions of the Protocol on the Statute of the European System of Central Banks and the European Central Bank.The European Central Bank shall, in addition, be exempt from any form of taxation or imposition of a like nature on the occasion of any increase in its capital and from the various formalities which may be connected therewith in the State where the bank has its seat. The rules governing the language arrangements applicable at the Court of Justice of the European Union shall be laid down by a regulation of the Council acting unanimously. (8) Despite anything in this section, a director who has acted honestly and in good faith is not accountable to the corporation or to the owners for any profit or gain realized from the contract or transaction by reason only of holding the office of director, and the contract or transaction is not voidable by reason only of the directors interest in it if, (a) the contract or transaction is confirmed or approved by at least two-thirds of the votes cast at a meeting of owners duly called for that purpose; and. They shall be responsible to the Registrar under the authority of the President. CONSCIOUS of the fact that a continuation under the Treaties of the legal regime originating in the Edinburgh decision will significantly limit Denmark's participation in important areas of cooperation of the Union, and that it would be in the best interest of the Union to ensure the integrity of the acquis in the area of freedom, security and justice. 1, s. 4. The Council and the High Representative shall ensure compliance with these principles. 20 (1) An easement described in subsection (2) is created, (a) upon the registration of a declaration and description that creates a corporation, if the easement is described in the declaration and description; or. 8. (4.1) Subsections (1) and (4) do not apply to any matter in dispute for which a person may apply for resolution under section 1.36 to the Condominium Authority Tribunal established under Part I.2 if the Tribunal has been established under that Part.
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