* Equality of bargaining power ( if the customer had a wide choice of potential suppliers offering similar products on different terms, the limitation or
exclusion clause is more likely to be upheld in court.
The 30-day
exclusion clause for all rival sponsors, before and after the tournament, is now reduced to five days.
And to top it all, they say their travel insurance policies have an
exclusion clause for suicide anyway.
But the shadow still hanging over the Interregional and Association Agreements has little to do with the WTO (although problems could arise here also if a third party, such as America, decides to question the validity of an FTA containing a 10%
exclusion clause) and much to do with the French delegation which, until now, has excluded the possibility of a European FTA with Mercosur and Chile out of hand.
Added Cushing: "Professional footballers are young men who want to express themselves, but with high insurance risks there is an
exclusion clause in their contracts from doing dangerous sports."
Most recently, a state court in New York held: There is nothing in the [pollution]
exclusion clause from which it can be inferred that the provision was drafted with a view toward limiting liability for lead paint related injury.
In its decision, the court began, "The court finds that Response Insurance Company is not obligated to defend or indemnify defendant David Vita in the Vita action because of the
exclusion clause contained in the Response policy which negates liability coverage for any person for bodily injury to the spouse of that person.
Remember, it was the so-called 30-day
exclusion clause which all but brought down the ICC Champions' Trophy in September, The clause stipulates that no player can wear a conflicting logo for 30 days before a tournament and 30 days afterwards.
"The Four Home Unions have to look at the players and say if you are allowed to do a newspaper column within the confines of your own national agreement you have to get an
exclusion clause for a Lions tour."