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For nomore than private contract can estoppel be the means of successfully avoiding the requirements of legislation enacted for the protection of a public interest.
A finding of harmless error on this record, in my view, can be nothing other than a means of avoiding the requirements of the Constitution in order to sustain the conviction of a defendant the court believed was factually guilty.
"While [the exception] gives EPE a path to avoid violating [PURPA], nothing in that section can be read to also give EPE a path to avoiding the requirements of [a New Mexico state law] that [EPE] charge residential qualifying facility owners the same rate charged to other residential customers," the PRC said.
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When it comes to avoiding the requirement of collecting sales tax from its consumers, Amazon is not afraid to open its wallet.
A transfer on death instrument is a newer way of avoiding probate court, avoiding the requirement of having a will and avoiding the option of setting up a living trust to handle the transfer of property upon the death of an owner.
(The question of avoiding the requirement of 1-consistency here is tricky; see Dyson, Jones and Shepherson 1982).
In [21], we proposed the convolution-based parallel 2D-DWT using an extra memory space in order to perform a nearly in-place computation, avoiding the requirement of twice the image size to store the computed coefficients.
In the first step toward disentangling human individual variation in susceptibility and infectivity the genetic variance structure of the model can be ignored, therefore avoiding the requirement of having related individuals in different groups.
These reactions present a number of challenges, including the achievement of the complete reaction of substrate without the release of reactive intermediates, avoiding the requirement of physiologically inaccessible reduction potentials, and ensuring the reaction proceeds across a relatively narrow window of potential.
Retrospective research using already collected tissue and data obtains an ethics waiver, thereby avoiding the requirement of re-consent, or it re-contacts and re-consents participants where feasible, or, finally, it anonymizes the data and samples, thereby limiting their usefulness to meta-analyses or as controls [ 37].
A contract written to avoid the requirements of Chinese law is void and the court will not enforce it," said Steve Dickinson, a partner at Harris & Moure and a co-author of the China Law Blog.
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