Except as Otherwise Specified in This Agreement

Best practices – be specific. It is recommended to be precise instead of abstract, unless otherwise agreed, and to determine which clause actually restricts or qualifies this provision. The sentence is intended to indicate that there may be exceptions to the agreement, but they must be explicitly stated, usually in writing. Legal documents try to be as broad as possible to cover as many outcomes/possibilities and therefore would not be able to list all the possibilities. In such cases, it may be easier to list exceptions. We agree that paragraph 1(g) should be read in conjunction with paragraph 1(f), which provided that if CBS removed Rather from the CBS Evening News, it would assign it 60 minutes II “as a full-time correspondent”, and if 60 minutes II were cancelled, it would give it 60 minutes as a correspondent “to provide services on a regular basis”. However, this interpretation does not render invalid the wording of the Agreement because, pursuant to the “Pay or Play” clause, neither paragraph 1(g) nor (1)(f) requires CBS to actually use the Rather broadcast services or programs in which it appears, but merely retains the ability to expedite the payment of its remuneration under the Agreement, if it is not assigned to either program. Unless otherwise stated…, [condition-or-statement-or-rule] (unless otherwise stated…, [condition-or-statement-or-rule]) As stated on contractsProf Blog, unless otherwise stated in this Agreement, the phrase is included in presenter Dan Rather`s contract with CBS. He was also included in the opinion of a New York court of appeals in CBS` appeal of the trial court`s refusal to dismiss Rather`s infringement action against CBS. Contractually, CBS was not required to “use [Rather`s] services or broadcast a program” as long as it continued to pay him the applicable compensation.

This provision on remuneration or the performance of the original employment contract of 1979 was explicitly reaffirmed in the 2002 amendment to the employment contract. Words, unless otherwise agreed, are sometimes inserted to prompt the reader (at a later date) to suggest a deviation from the layout. This is because many people are psychologically inclined to believe that they are bound by the text of the contract (while the literal text may well imply flexibility that is not present in the words at the beginning). For example, many contractual prohibitions or restrictions are not set in stone per se, but require a reasonable explanation before a party waives a breach in a particular context. (a) Unless otherwise agreed in writing, ownership of all property registered as “State property” shall be transferred directly to the Government; (= Unless otherwise agreed in writing, ownership of all assets listed as “state property” passes directly to the government; …) – The Code of Federal Regulations of the United States of America Other qualifiers or subordinates. The consideration of, unless otherwise agreed, would be the opposite, regardless of anything [in this Agreement]. Obviously, this counterpart clause means that this provision may very well limit or qualify another provision (of the contract or elsewhere). While these clauses imply a rule with a few exceptions, the expression subject to introduces a hierarchical priority of the clauses. If two courts reach different conclusions regarding the meaning of , unless otherwise specified in this Agreement, this is a sign that you may wish to find another way to articulate the interaction of two provisions.

That amendment also provided in paragraph 1(g) that if CBS replaced Rather as host or co-host of the CBS Evening News and did not appoint him as a correspondent for 60 Minutes II or any other mutually agreed position, the agreement would be terminated, Rather would be free to seek employment elsewhere and CBS would immediately pay him the remainder of his weekly remuneration by 25 November. 2006. Note the subtle difference between the two examples above, namely the limitation when such a different agreement can be concluded. It may make little sense, but sometimes it`s useful. For example, if another provision of a framework agreement requires that all deviations from that framework agreement be invalid, unless such a derogation clause expressly states that it is intended as a derogation and to which provision it deviates. The basic meaning is that the specified condition/statement/rule is applied in all cases; The only exception (i.e. if such a condition/instruction/rule is not applied) is if it is verBed otherwise. Words other than those that indicate an exception to the rule in respect of which it is given. If an exception is specific, the agreement should probably consider what is happening in relation to each of these exceptions (or who should do what). Rather, it is claimed that he made his last show as host of the CBS Evening News on September 9.

March 2005 and that, since he was assigned only nominally to 60 minutes II and then to 60 minutes, he should have received the rest of his remuneration from the agreement in March 2005. Rather, it is claimed that CBS did “store” it and that when CBS was finally fired and paid in June 2006, CBS did not compensate him for the 15 months “during which he could have worked elsewhere.” This claim seeks to conceal the fact that until June 2006, Rather continued to be compensated with her normal salary of approximately $6 million per year, when compensation was accelerated upon termination in accordance with her contract. In fact, unless otherwise specified in this Agreement, it states: “This provision may well be overshadowed by another provision of this Agreement. (This is the consideration, regardless of what the contrary means in this Agreement, which means: “This provision may well prevail over any other provision of this Agreement. You would make things clearer to the reader if you pointed out to him the other provision that prevails over the provision in question. The Supreme Court incorrectly concluded that paragraph 1(g) amended the “pay or play” provision when it ignored the original intent clause for the remainder of this paragraph, which states: “Unless otherwise specified in this Agreement. As the defendants rightly submit, the seven words are decisive because they require that paragraph 1(g) be read in conjunction with the `pay or play` provision and that, consequently, paragraph 1(g) cannot amend the `pay or play` provision so that CBS must instead use to a certain standard by presenting it in a sufficient number or type of broadcasts. It seems to be very common in legal contexts. It is often used in sentences like these: @Damkerng is true that literal meaning is meaning. On occasion, we mentioned Dan Rather`s infringement lawsuit against CBS.

Yesterday, a New York appeals court ruled that the court of first instance wrongly refused to dismiss Rather`s infringement action against CBS. He looked at the “pay or play” clause in Rather`s contract and argued: It is clear that Article 1(g) only applies to a situation where CBS removed Rather as host of cbS Evening News and did not assign him “as a correspondent for 60 Minutes II.” The amended complaint alleges that when Rather was no longer a presenter on CBS, he was given 60 minutes II. Therefore implicitly acknowledges that CBS has fully complied with paragraph 1 (g). An additional term used includes, but is not limited to, when examples of conditions are listed, i.e. water damage, fire damage, wind damage, but other conditions may apply. It was the interaction of two provisions of the Treaty. Here is the relevant part of the statement: Rather v. CBS Corp., 2009 NY Slip Op 06738 (App Div 1st Dep`t Sept.

29, 2009) (emphasis added). The relationship between two or more contractual provisions is often expressed by the fact that one of the provisions is defined by:. . .