The third party reporter also would be empowered to seek civil damages and other remedies from a contractor that violates the agreement, making this clause exceptional by extending protection to a noncontractual
By doing so, the safe harbors convert swaps and other derivatives into a special class of contracts that are exempt from at least one area of noncontractual
296) But they do not address informal, noncontractual
16) while nonreliance clauses are intended to "head off the possibility of a fraud suit" by having the parties agree (and make representations) that they have not relied on noncontractual
Accordingly, part IV suggests a variety of contractual and noncontractual
mechanisms to protect patients and the integrity of ADP.
18) Eisenberg's specific proposals included improving shareholder access to the proxy machinery, creating mechanisms to preserve and empower certain types of noncontractual
private ordering, and regulating the work of auditors and independent directors.
Their exclusivity meant they were sealed against outsiders and intolerant of diversity; their "ascriptive" basis in a "given" identity (blood, race, religion) inured them to voluntary identities and held in check [the freedom to choose] social relations or join contrived social groupings at will; the hierarchical structure and dependency on charismatic leadership of traditional communities rendered them inegalitarian and resistant to social mobility; and their personalistic, noncontractual
mode of relations rendered them prone to prejudice, gossip, argumentativeness, and corruption.
But tort law--the legal regime governing those noncontractual
civil wrongs for which an individual can seek redress--does not have an obvious international doppelganger.
EXHIBIT Examples of Intangible Assets That Are Separately Identifiable Marketing-related: * Trademarks, trade names, service marks, collective marks, certification marks * Trade dress (unique color, shape, package design) * Newspaper mastheads * Internet domain names * Noncompetition agreements Customer-related: * Customer lists * Order or production backlog * Customer contracts and related customer relationships * Noncontractual
customer relationships Artistic-related: * Plays, operas, ballets * Books, magazines, newspapers, or other literary works * Musical works (e.
H4: There is a high positive relationship between a combination of retention rate and activity level to the lifetime value of customers who have purchased both contractual and noncontractual
Kumar (2000), "On the profitability of longlife customers in a noncontractual
setting: An empirical investigation and implications for marketing", Journal of Marketing, 64 (October), 17-35.
Welch compiled a list of assertions from Oracle representatives regarding licensing Oracle on VMware that are noncontractual