Existing Evidence Sample Clauses

The "Existing Evidence" clause defines how evidence or documentation that predates the agreement is treated within the contractual relationship. Typically, this clause clarifies whether such pre-existing materials can be relied upon to support claims, obligations, or rights under the contract. For example, it may specify that only evidence created after the contract's effective date is admissible, or it may allow certain pre-existing documents to be referenced in resolving disputes. The core function of this clause is to establish clear boundaries regarding what evidence is considered valid, thereby reducing ambiguity and potential conflicts over the admissibility or relevance of older materials.
Existing Evidence. In cases where documentary evidence, not in the faculty record (see Appendix C, Location of Personally-Identifiable Information), exists at the time of the initiation of discipline proceedings, including meetings, conferences, and hearings, the material shall be handled as follows: 22.§4.1.1 A copy of the material shall be presented to the faculty member with the written notice of charges; 22.§4.1.2 Any conference or hearing to discuss the documentary evidence shall be set for a date at least ten (10) business days from the investigatory meeting, in order to give the faculty member the opportunity to review and prepare a response to the material; 22.§4.1.3 The faculty member may respond to the material prior to the conference or hearing, at the conference or hearing, after the conference or hearing, or not at all; 22.§4.1.4 At the conclusion of the proceedings, the material shall be handled in the following way: 22.§4.1.4.1 If the charges are dismissed, all documentary evidence shall be delivered to the faculty member for his/her disposition; 22.§4.1.4.2 If the charges are confirmed in modified or original form, the material shall be placed in the faculty record.
View SourceView Similar (9)
Existing Evidence. In cases where documentary evidence, not in the faculty record (see Appendix C, Location of Personally-Identifiable Information), exists at the time of the initiation of discipline proceedings, including meetings, conferences, and other proceedings, the material shall be handled as follows:
View Source

Related to Existing Evidence

  • Title Evidence Seller agrees to share equally with Buyer the closing agent costs and the cost of a title insurance company’s commitment and standard ALTA form owner’s policy (except survey matters) to the Property, showing a marketable title vested in Seller, subject to easements, restrictions, covenants, and other matters of record. Any endorsements shall be paid solely by Buyer. The title evidence shall be presented to prospective Buyer on day of auction. Buyer acknowledges: (a) receipt of the title commitment prior to entering into this agreement; (b) review of the title commitment to the Buyer’s full satisfaction; and (c) waiver of any right to object to any exceptions listed therein. If Seller fails to satisfy all such title requirements imposed on Seller pursuant to title commitment, Buyer may, as its sole remedy and at Buyer’s election, either: (a) cancel this agreement and receive a return of Buyer’s ▇▇▇▇▇▇▇ money and, in that event, this Agreement will be canceled and the parties will have no further obligations to each other; or (b) accept such title as Seller can deliver. Buyer waives any right to seek specific performance or to seek damages from Seller.

  • ORIGINAL CONDITIONS A. All reinsurance under this Contract shall be subject to the same rates, terms, conditions, waivers and interpretations and to the same modifications and alterations as the Policy, subject to the terms and conditions of this Contract, and the Reinsurer shall be credited with its exact proportion of the Insured's premiums due to the Company under the Policy. B. Nothing herein shall in any manner create any obligation or establish any right against the Reinsurer in favor of third parties or any persons not parties to this Contract except as provided with respect to the Insured in this Contract or in the Assumption of Liability Endorsement. C. In the event of a Quota Share Reduction, as that term is defined under the Policy, each Subscribing Reinsurer's participation percentage in this Contract shall be increased in the proportion that 100% bears to the total Subscribing Reinsurer's participation after the Quota Share Reduction. For the avoidance of doubt, such participation percentage increase is necessary to account for the reduction provisions of the Reduction Under Quota Share Contract Article of the Policy. If applicable, the Remaining Aggregate Retention, as that term is defined under the Policy, would likewise be adjusted. Any termination of a Subscribing Reinsurer's participation in this Contract shall not require the consent of any other Subscribing Reinsurer. As respects each Subscribing Reinsurer still participating on this Contract following the Reinsurer Reduction Date, as that term is defined under the Policy, in no event shall its share of the aggregate limit following the Reinsurer Reduction Date be greater than its share of the aggregate limit prior to the Reinsurer Reduction Date, notwithstanding that its participation percentage may increase as a result thereof. As an example, where the aggregate limit is $300,000,000 with each of three Subscribing Reinsurers retaining a 33.33% share ($100,000,000 each), and one Subscribing Reinsurer's share is terminated, then the resulting aggregate limit becomes $200,000,000 with each of the two remaining Subscribing Reinsurers retaining a 50.00% share (i.e., 33.33% x 100%/66.67%). As respects each of the two remaining Subscribing Reinsurers, its share of the aggregate limit shall remain at $100,000,000.

  • Existing Conditions Tenant accepts the Property in its condition as of the execution of the Lease, subject to all recorded matters, laws, ordinances, and governmental regulations and orders. Except as provided herein, Tenant acknowledges that neither Landlord nor any agent of Landlord has made any representation as to the condition of the Property or the suitability of the Property for Tenant's intended use. Tenant represents and warrants that Tenant has made its own inspection of and inquiry regarding the condition of the Property and is not relying on any representations of Landlord or any Broker with respect thereto. If Landlord or Landlord's Broker has provided a Property Information Sheet or other Disclosure Statement regarding the Property, a copy is attached as an exhibit to the Lease.