You have to be careful with these types of clauses; courts may not want to enforce clauses that seem too much like a punishment.[15] A late fee is likely to be considered a reasonable liquidated damage; requiring your neighbor to return the boat regardless of how much they have already paid you is likely to be considered overly punitive.
Amazon.com tried to convince 1,300 of the workers it laid off this year to sign an agreement that included a clause to not disparage the company in return for more lucrative severance deals, but backed off from enforcing the clause under pressure from union organizers and also fear of a public reaction.
Judge Higginbotham filed an injunction prohibiting the NHL from enforcing the clause, effectively rendering it dead.
F-Secure, the security firm that sponsored the experiment, has confirmed that it won't be enforcing the clause.
The National Football League will not allow the Las Vegas commercial to run, enforcing a clause in its contracts with networks that prohibits gambling-related advertising.
Though Amazon could be precluded from enforcing that clause by unfair contract legislation in Australia, Godfrey said it was still unreasonable and muddied the waters for consumers.
A1 OBITUARIES C12 SPORTS D1-7 N.F.L. Vetoes Las Vegas Ad The National Football League, enforcing a clause in its contracts with networks that prohibits gambling-related advertising, rejected a commercial that the Las Vegas Convention and Visitors Authority submitted to air during the Super Bowl.
While courts have recently held that these clauses are enforceable in other Internet-related areas, courts should be wary of blindly applying precedent and enforcing these clauses in the cloud computing context.
Unauthorized use of land must be controlled by enforcing relevant clauses in development guidelines.
He was not only a reliable vote for enforcing arbitration clauses and expanding the 1925 Federal Arbitration Act far beyond the intentions of its framers, but he also wrote the most controversial and significant of the Court's decisions enforcing forced arbitration clauses.
Most of the litigation concerning liquidated damages clauses arises in the context of an affirmative action by the party injured by breach to enforce the clause in order to recover the amount therein stipulated.
