Award-term contracts: Good for business?

OpenAIRE

Stevens, Brett; Yoder, E. Cory

2005-01-01

The use of award-term contracts doesn’t seem to represent the best interests of the U.S. taxpayer—rather, it smacks terribly of the government acquisition environment of two decades ago that pre- ceded the passage of the Competition in Contracting Act.

Optimal long-term contracting with learning

OpenAIRE

He, Zhiguo; Wei, Bin; Yu, Jianfeng; Gao, Feng

2016-01-01

We introduce uncertainty into Holmstrom and Milgrom (1987) to study optimal long-term contracting with learning. In a dynamic relationship, the agent's shirking not only reduces current performance but also increases the agent's information rent due to the persistent belief manipulation effect. We characterize the optimal contract using the dynamic programming technique in which information rent is the unique state variable. In the optimal contract, the optimal effort is front-loaded and decr...

Long-term contracts vs. short-term trade of natural gas - a European perspective

International Nuclear Information System (INIS)

Neuhoff, Karsten; Hirschhausen, Christian von

2005-01-01

This paper analyses the economics of long-term gas contracts under changing institutional conditions, mainly gas sector liberalisation. The paper is motivated by the increasingly tense debate in continental Europe, UK and the US on the security of long-term gas supply. We discuss the main issues regarding long-term contracts, i.e. the changing role of the flexibility clause, the effect of abandoning the destination clause, and the strategic behaviour of producers between long-term sales and spot-sales. The literature suggests consumers and producers benefit from risk hedging through long-term contracts. Furthermore long-term contracts may reduce exercise of market power. Our analysis adds an additional benefit if the long-run demand elasticity is significantly lower than the short-run elasticity, both strategic producers and consumers benefit from lower prices and larger market volume. Some policy implications of the findings are also discussed. (Author)

Structuring spot, short and long term gas contracts; CD-ROM ed.

Energy Technology Data Exchange (ETDEWEB)

Gretener, N.M.

1996-05-01

A review of the core clauses of the modern natural gas purchase and sales contracts, was presented. There exists a wide variety of terms which can be used by a seller and a buyer to customize such a contract to suit particular circumstances. On the basis of length of term, gas contracts may classified as spot contracts having a term of 30 days or less, short term contracts having a term of 30 days to one to two years, and long term contracts having terms greater than two years. The three key elements which are applicable to all gas sales contracts are the contract price, the seller`s obligation to deliver, and the buyer`s obligation to accept. Other provisions that may be included in any gas sales contract in addition to the basic three were reviewed, including market pricing, load factor incentive pricing, seasonal pricing, pipeline demand charges, market shares, and the seller`s right to decontract.

Long term contracts in portfolios of core LDC gas supply

International Nuclear Information System (INIS)

John, F.E.

1992-01-01

This paper recommends that local distribution companies (LDCs) should use a portfolio approach for their gas supply strategy. The author recommends that LDCs not rely on spot supplies to meet the peak needs of the core residential and commercial markets. He recommends that a secure supply through long-term contracts are better sources than spot or even intermediate term suppliers. The paper provides a brief outline format of the advantages to the use of a portfolio approach which include the rapid restructuring of the market, general changes in the market, and general market performance. By maintaining a portfolio, a list of available natural gas suppliers is always available. This portfolio also acts to compare pricing between short, medium, and long-term pricing for the LDCs

On a Roll: Term Contracts at Curry College.

Science.gov (United States)

Hill, John E.

1985-01-01

The faculty of Curry College in 1974 voted unanimously to replace tenure with a type of term contract. Faculty perceptions of the good and bad aspects of the term contract system are presented. Academic freedom, job security, motivation, promotion criteria, and financial benefits are discussed. (MLW)

26 CFR 1.460-1 - Long-term contracts.

Science.gov (United States)

2010-04-01

... the manufacture of personal property is a manufacturing contract. In contrast, a contract for the... performance of engineering and design services, and the production of components and subassemblies that are..., enters into a single long-term contract to design and manufacture a satellite and to develop computer...

Effects of long-term contracts on firms exercising market power in transmission constrained electricity markets

International Nuclear Information System (INIS)

Nam, Young Woo; Yoon, Yong Tae; Park, Jong-Keun; Hur, Don; Kim, Sung-Soo

2006-01-01

The electricity markets with only few large firms are often vulnerable to less competitive behaviors than the desired. The presence of transmission constraints further restrict the competition among firms and provide more opportunities for firms to exercise market power. While it is generally acknowledged that the long-term contracts provide good measures for mitigating market power in the spot market (thus reducing undesired price spikes), it is not even more clear how effective these contracts are if the market is severely limited due to transmission constraints. In this paper, an analytical approach through finding a Nash equilibrium is presented to investigate the effects of long-term contracts on firms exercising market power in a bid-based pool with transmission constraints. Surprisingly the analysis in this paper shows that the presence of long-term contracts may result in the reduced expected social welfare. A straightforward consequence of the analysis presented in this paper will be helpful for the regulators in Korea to reconsider offering vesting contracts to generating companies in the near future. (author)

A general approach to posterior contraction in nonparametric inverse problems

NARCIS (Netherlands)

Knapik, Bartek; Salomond, Jean Bernard

In this paper, we propose a general method to derive an upper bound for the contraction rate of the posterior distribution for nonparametric inverse problems. We present a general theorem that allows us to derive contraction rates for the parameter of interest from contraction rates of the related

29 CFR 4.146 - Contract obligations after award, generally.

Science.gov (United States)

2010-07-01

... 29 Labor 1 2010-07-01 2010-07-01 true Contract obligations after award, generally. 4.146 Section 4.146 Labor Office of the Secretary of Labor LABOR STANDARDS FOR FEDERAL SERVICE CONTRACTS Application of the McNamara-O'Hara Service Contract Act Period of Coverage § 4.146 Contract obligations after...

48 CFR 1552.211-73 - Level of effort-cost-reimbursement term contract.

Science.gov (United States)

2010-10-01

...-reimbursement term contract. 1552.211-73 Section 1552.211-73 Federal Acquisition Regulations System... Provisions and Clauses 1552.211-73 Level of effort—cost-reimbursement term contract. As prescribed in 1511.011-73, insert the following contract clause in cost-reimbursement term contracts including cost...

26 CFR 1.471-10 - Applicability of long-term contract methods.

Science.gov (United States)

2010-04-01

... 26 Internal Revenue 6 2010-04-01 2010-04-01 false Applicability of long-term contract methods. 1... (CONTINUED) INCOME TAX (CONTINUED) INCOME TAXES Inventories § 1.471-10 Applicability of long-term contract methods. See § 1.460-2 for rules providing for the application of the long-term contract methods to...

Long-term contracts and take-or-pay clauses in natural gas markets

International Nuclear Information System (INIS)

Creti, A.; Villeneuve, B.

2004-01-01

Theoretical and empirical research on long-term contracts inspired by the American experience are surveyed, with emphasis on the analysis of the role of take-or-pay clauses and price indexation rules, and whether regulation distorts optimal contract duration. The underlying motivation is to analyze the economic fundamentals of the European Union provisions on long-term contracts in the natural gas industry, and to highlight the features that differentiate them from the American experience. The impacts of long term contracts in the opening to competition of the European Union natural gas sector, and the apparent confusion between contract duration and flexibility as applied to long-term contracts in the European Union, are also explored. 29 refs., 2 tabs

Long-term contracts for European gas supply - an empirical analysis of the changing nature of pipeline and LNG-contracts

International Nuclear Information System (INIS)

Neumann, Anne

2005-01-01

As the structure of the European natural gas market is evolving towards more competition and more diverse market structures than before, the nature of the long-term contracts for European natural gas supply is also undergoing change. Experience from other liberalization processes, such as in the U.S. or the UK, suggests that the importance of long-term contracts diminishes over time, but that they remain an important element of supply. In Europe long-term contracts are still considered as a firm basis for investment and financing of capital-intensive infrastructure with a high degree of asset and relationship-specificity. Literature on institutional economics also suggests that long-term contracts act as a device to overcome the ''hold-up'' problem of relationship-specific investments in infrastructure (Klein, Crawford, and Alchian, 1987; Williamson, 1975, 1985). On the other hand, Hartley and Brito (2002) show that more flexible markets also imply a lower degree of asset specificity, thus requiring less fixed contracts. This paper explores the changing nature of long-term contracts for European natural gas supply, with a particular focus on differences between contracts for pipeline gas and liquefied natural gas (LNG). Traditionally, Europe relied on very long-term contracts for pipeline gas (Russia, Norway, Algeria). More recently, increasing LNG supplies are contemplated as a more flexible source of natural gas: The international LNG market is becoming more flexible, LNG can be sourced from a variety of sellers, and the cost of LNG supplies and infrastructure is coming down rapidly (Jensen, 2004). Thus, the evaluation of investing in LNG infrastructure (and the so bought flexibility and possibility of arbitraging profits) may be higher than committing to fixed/predetermined flows of pipeline gas. We ask whether this is reflected in the observed contracts. The paper is based on standard contract theory (Bolton and Dewatripont, 2005). We apply a microeconomic

Optimal Long-Term Financial Contracting

OpenAIRE

Peter M. DeMarzo; Michael J. Fishman

2007-01-01

We develop an agency model of financial contracting. We derive long-term debt, a line of credit, and equity as optimal securities, capturing the debt coupon and maturity; the interest rate and limits on the credit line; inside versus outside equity; dividend policy; and capital structure dynamics. The optimal debt-equity ratio is history dependent, but debt and credit line terms are independent of the amount financed and, in some cases, the severity of the agency problem. In our model, the ag...

Short-Term Contract Work in Adult Education (I) and (II).

Science.gov (United States)

Hall, Dorothea; McMath, Patricia

1986-01-01

This two-part article discusses short-term project contracts for adult education staff. Part one covers implications of this trend for the service and for the staff involved. Part two looks at short-term contracts from the management viewpoint. (CH)

48 CFR 1552.217-72 - Option to extend the term of the contract-cost-plus-award-fee contract.

Science.gov (United States)

2010-10-01

... of the contract-cost-plus-award-fee contract. 1552.217-72 Section 1552.217-72 Federal Acquisition...-award-fee contract. As prescribed in 1517.208(c), insert this contract clause in cost-plus-award-fee... Term of the Contract—Cost-Plus-Award-Fee Contract (APR 1984) (a) The Government has the option to...

The design of long term care insurance contracts.

Science.gov (United States)

Cremer, Helmuth; Lozachmeur, Jean-Marie; Pestieau, Pierre

2016-12-01

This paper studies the design of long term care (LTC) insurance contracts in the presence of ex post moral hazard. While this problem bears some similarity with the study of health insurance (Blomqvist, 1997) the significance of informal LTC affects the problem in several crucial ways. It introduces the potential crowding out of informal care by market care financed through insurance coverage. Furthermore, the information structure becomes more intricate. Informal care is not publicly observable and, unlike the insurer, caregivers know the true needs of their relatives. We determine the optimal second-best contract and show that the optimal reimbursement rate can be written as an A-B-C expression à la Diamond (1998). These terms respectively reflect the efficiency loss as measured by the inverse of the demand elasticity, the distribution of needs and the preferences for risk sharing. Interestingly, informal care directly affects only the first term. More precisely the first term decreases with the presence and significance of informal care. Roughly speaking this means that an efficient LTC insurance contract should offer lower (marginal) reimbursement rates than its counterpart in a health insurance context. Copyright © 2016 Elsevier B.V. All rights reserved.

Unfair terms in contracts between businesses

NARCIS (Netherlands)

Hesselink, M.W.; Schulze, R.; Stuyck, J.

2011-01-01

This paper examines the main possible rationales for judicial control of unfair contract terms (unequal bargaining, distributive justice, market failure, paternalism, the ethos of the market, comparative law, and the nature of an optional instrument) and concludes that none of them requires a

76 FR 63581 - Certainty of Terms of Service Contracts and NVOCC Service Arrangements

Science.gov (United States)

2011-10-13

... Terms of Service Contracts and NVOCC Service Arrangements AGENCY: Federal Maritime Commission. ACTION... regarding certainty of terms of service contracts and non-vessel- operating common carrier service... flexibility if they decide to use long-term contracts that adjust based on a freight rate index that reflects...

Long term contracts in portfolios of gas supply

International Nuclear Information System (INIS)

Burns, D.

1992-01-01

This paper promotes the idea of long-term contracting for natural gas local distributors and utilities. It presents a brief history of how the spot-market developed and the effects spot-marketing can have in times of supply shortages. This has also resulted in a drastic decrease in exploration and development in the gas industry as gas supplies have exceeding demand, driving the prices down. The paper proposes several methods to restabilize the long-term contracting of gas by considering volume and pricing flexibility. Some brief discussions of industry-wide statistics are presented to show reserve replacement costs which would be needed to preserve the industry in a profit-making situation

77 FR 3288 - International Mail Contract

Science.gov (United States)

2012-01-23

... as the baseline contract for future functional equivalence analyses of the GREP Contracts 1 product... Classification Schedule language for GREP Contracts 1. The Postal Service identifies general contract terms that... methodology, the relevant characteristics of this GREP contract are similar, if not the same, as the relevant...

Management in general practice: the challenge of the new General Medical Services contract.

Science.gov (United States)

Checkland, Kath

2004-10-01

Managers in general practice perform a variety of roles, from purely administrative to higher-level strategic planning. There has been little research investigating in detail how they perform these roles and the problems that they encounter. The new General Medical Services (GMS) contract contains new management challenges and it is not clear how practices will meet these. To improve understanding of the roles performed by managers in general practice and to consider the implications of this for the implementation of the new GMS contract. In-depth qualitative case studies covering the period before and immediately after the vote in favour of the new GMS contract. Three general practices in England, chosen using purposeful sampling. Semi-structured interviews with all clinical and managerial personnel in each practice, participant and non-participant observation, and examination of documents. Understanding about what constitutes the legitimate role of managers in general practice varies both within and between practices. Those practices in the study that employed a manager to work at a strategic level with input into the direction of the organisation demonstrated significant problems with this in practice. These included lack of clarity about what the legitimate role of the manager involved, problems relating to the authority of managers in the context of a partnership, and lack of time available to them to do higher-level work. In addition, general practitioners (GPs) were not confident about their ability to manage their managers' performance. The new GMS contract will place significant demands on practice management. These results suggest that it cannot be assumed that simply employing a manager with high-level skills will enable these demands to be met; there must first be clarity about what the manager should be doing, and attention must be directed at questions about the legitimacy enjoyed by such a manager, the limits of his or her authority, and the

48 CFR 616.207 - Firm-fixed-price, level-of-effort term contracts.

Science.gov (United States)

2010-10-01

... 48 Federal Acquisition Regulations System 4 2010-10-01 2010-10-01 false Firm-fixed-price, level-of-effort term contracts. 616.207 Section 616.207 Federal Acquisition Regulations System DEPARTMENT OF STATE CONTRACTING METHODS AND CONTRACT TYPES TYPES OF CONTRACTS Fixed-Price Contracts 616.207 Firm-fixed-price...

48 CFR 16.207 - Firm-fixed-price, level-of-effort term contracts.

Science.gov (United States)

2010-10-01

... 48 Federal Acquisition Regulations System 1 2010-10-01 2010-10-01 false Firm-fixed-price, level-of-effort term contracts. 16.207 Section 16.207 Federal Acquisition Regulations System FEDERAL ACQUISITION REGULATION CONTRACTING METHODS AND CONTRACT TYPES TYPES OF CONTRACTS Fixed-Price Contracts 16.207 Firm-fixed...

The psychological contract: enhancing productivity and its implications for long-term care.

Science.gov (United States)

Flannery, Raymond B

2002-01-01

When hired, a new employee is usually given a job description and an explanation of benefits. In addition, the employee will also have a psychological contract with the organization. This contract, often unstated, reflects the main source of the employee's motivation to work hard. This is true of all groups of employees, including long-term care staff. Common examples of psychological contracts for long-term care administrative staff include autonomy, social acceptance, and being in the forefront of cutting-edge research. An awareness of these psychological contracts can result in better "fits" between employee aspirations and relevant long-term care organization tasks so that productivity is enhanced. This article outlines the steps necessary to create these good fits in ways that benefit both the organization and its employees. These recommendations are of particular relevance to administrators and supervisors in long-term carefacilities.

20 CFR 726.201 - Insurance contracts-generally.

Science.gov (United States)

2010-04-01

... 20 Employees' Benefits 3 2010-04-01 2010-04-01 false Insurance contracts-generally. 726.201 Section 726.201 Employees' Benefits EMPLOYMENT STANDARDS ADMINISTRATION, DEPARTMENT OF LABOR FEDERAL COAL MINE HEALTH AND SAFETY ACT OF 1969, AS AMENDED BLACK LUNG BENEFITS; REQUIREMENTS FOR COAL MINE OPERATOR...

Tax shifting in long-term gas sales contracts

International Nuclear Information System (INIS)

Asche, Frank; Osmundsen, Petter; Tveteraas, Ragnar

2002-01-01

Producers or consumers faced with an increase in taxes are usually able to shift parts of it to other levels in the value chain. We examine who are actually bearing the burden of increased taxes on natural gas in the EU-area - consumers or exporters. Strategic trade policy and cross-border consumer tax shifting are of particular interest, as the EU-area increasingly is a net importer of gas. Traditional tax incidence theory presumes spot markets. Natural gas in the EU-area, however, is to a large extent regulated by incomplete long-term contracts. Still, spot market forces could be indicative for tax shifting, by determining the ex post bargaining power in contract renegotiations. By examining tax shifting in gas sales data we test whether this is the case. To investigate tax incidence, we estimate natural gas demand elasticities for the household sector in EU countries as well as a reduced form import equation. We test whether gas import prices, which are predominantly determined by long-term contracts, have been influenced by end-user tax shifts. (author)

Fixed Point of Generalized Eventual Cyclic Gross in Fuzzy Norm Spaces for Contractive Mappings

Directory of Open Access Journals (Sweden)

S. A. M. Mohsenialhosseini

2015-01-01

Full Text Available We define generalized eventual cyclic gross contractive mapping in fuzzy norm spaces, which is a generalization of the eventual cyclic gross contractions. Also we prove the existence of a fixed point for this type of contractive mapping on fuzzy norm spaces.

GENERAL ASPECTS AND PURPOSE OF THE CONSUMMATION CONTRACT

Directory of Open Access Journals (Sweden)

Alexandru MATEESCU

2015-07-01

Full Text Available The current paper mainly tackles the consummation contract and the ways in which it forms, adjusts and helps the citizen, in the general frame of the consumer’s rights. The consummation contract is a legal instrument for institutionalizing the commercial operations between a professional and the consumer. This type of instrument has been especially created to help the citizen in being adequately treated both correctly and adequately in all consummation matters. In the 20th century, the need to bring the commercial relations between professionals and citizens under regulation became imperative. Taking into account the socio-humanistic development rhythm, the consummation contact became a way of guaranteeing for the citizens’ rights in consummation matters and, at the same time, it confers a legal frame to guide and direct the merchants. Since 2007, the year when Romania adhered the European Union, the consumers’ rights became even more important, as the fact that the European Union focuses on the rights of all its citizens and the way in which they are treated by the merchants from a commercial point of view, was widely recognized. Once Romania adhered to a commercial frame which embeds over 500 million inhabitants, the dimension of the rights and obligations regarding consummation became an ever stronger argument in bringing the legislation under regulation. Eventually, clarifying the principles that founded the consummation contract will determine the legal frame in which it revolves and will bring to light the utility it has for the citizens, its subsequent employments and all things that should be further added to it in order to ensure an even better protection and settlement, in legal terms, of the commercial relations between a merchant and one or more citizens.

78 FR 10174 - Public Availability of General Services Administration FY 2012 Service Contract Inventory

Science.gov (United States)

2013-02-13

... GENERAL SERVICES ADMINISTRATION [Notice-MV-2013-02; Docket No. 2013-0002; Sequence 3] Public Availability of General Services Administration FY 2012 Service Contract Inventory AGENCY: General Services Administration (GSA). ACTION: Notice of Public Availability of FY 2012 Service Contract Inventories. SUMMARY: In...

INDEFINITE CONTRACT REVIEW 2000

CERN Multimedia

Division des ressources humaines

2000-01-01

The Director-General has decided to review staff members in professional categories 2 to 5 satisfying the criteria for consideration for the award of an indefinite contract, in accordance with Article R II 1.20 of the Staff Regulations. Staff members holding a fixed-term contract which it has been decided not to renew will not be considered. The following stages are foreseen:1.\tCandidates qualifying for review in accordance with Article R II 1.20 of the Staff Regulations and the Administrative Circular N° 9 will be contacted by Human Resources Division. 2.\tThe criteria as to when staff members qualify for review are described in Administrative Circular N° 9. These include the following:staff members who are in their fourth year of service on a fixed-term contract;in addition, for staff members having three years or more of previous relevant service in the Organization on a contract of limited duration (or term-contract) and upon proposal by the division leader concerned, consid...

INDEFINITE CONTRACT REVIEW 2001

CERN Multimedia

Human Resources Division

2001-01-01

The Director-General has decided to review staff members in professional categories 2 to 5 satisfying the criteria for consideration for the award of an indefinite contract, in accordance with Article R II 1.20 of the Staff Regulations. Staff members holding a fixed-term contract which it has been decided not to renew will not be considered. The following stages are foreseen: 1. Candidates qualifying for review in accordance with Article R II 1.20 of the Staff Regulations and the Administrative Circular N° 9 will be contacted by Human Resources Division. 2. The criteria as to when staff members qualify for review are described in Administrative Circular N° 9. These include the following: staff members who are in their fourth year of service on a fixed-term contract; in addition, for staff members having three years or more of previous relevant service in the Organization on a contract of limited duration (or term-contract) and upon proposal by the division leader concerned, consideration fo...

Short-term versus long-term contracting for uranium enrichment services

International Nuclear Information System (INIS)

Rudy, G.P.

1990-01-01

The US Department of Energy (US DOE) is the world's largest and most experienced supplier of uranium enrichment services. Through the late 1970s and early 1980s, emerging market forces transformed what was once a monopoly into a highly competitive industry. In the early 1980's the DOE lost market share. But as we enter the 1990s, new market forces have emerged. The US DOE believes a responsible balance between long-term and short-term contracting will be the key to success and the key to assuring the long-term health and reliability of the nuclear fuel industry. The US DOE intends to be in this nuclear business for a long time and will continue to offer reliable and responsive services second to none

Fabiola Gianotti signs her contract as CERN's new Director- General

CERN Multimedia

Antonella Del Rosso

2014-01-01

Today, 12 December 2014, Fabiola Gianotti signed her five-year contract as the new CERN Director-General. Her mandate will begin on 1 January 2016.   Fabiola Gianotti (left) and President of CERN Council Agnieszka Zalewska (right) after the signature of the contract.   The Italian physicist, Fabiola Gianotti was appointed as the Organization’s next Director-General at the 173rd Closed Session of the CERN Council on 4 November. The appointment was formalised this week at the December session of Council. More news from this week Council meetings can be found here.

41 CFR 101-25.110-2 - Tires obtained through Federal Supply Schedules or regional term contracts.

Science.gov (United States)

2010-07-01

... 41 Public Contracts and Property Management 2 2010-07-01 2010-07-01 true Tires obtained through Federal Supply Schedules or regional term contracts. 101-25.110-2 Section 101-25.110-2 Public Contracts... Federal Supply Schedules or regional term contracts. When tire manufacturers ship tires direct against...

Client’s flexibility in renovation projects with long-term DBFMO contracts

NARCIS (Netherlands)

Kuhlmann, M.; Blokhuis, E.G.J.; Han, Q.; Schaefer, W.F.; Yildiz, H.T.

2009-01-01

Construction project clients are faced with long-term commitments when opting for a DBFMO contract, the Dutch version of PFI. This way of contracting is characterized by the delivery of a full housing service to the client over a period of decades, offered by a construction consortium including

25 CFR 900.33 - Are all proposals to renew term contracts subject to the declination criteria?

Science.gov (United States)

2010-04-01

... 25 Indians 2 2010-04-01 2010-04-01 false Are all proposals to renew term contracts subject to the... Indian Affairs will not review the renewal of a term contract for declination issues where no material... been proposed by the Indian tribe or tribal organization. Proposals to renew term contracts with DOI...

The Fixed-Point Theory of Strictly Contracting Functions on Generalized Ultrametric Semilattices

Directory of Open Access Journals (Sweden)

Eleftherios Matsikoudis

2013-08-01

Full Text Available We introduce a new class of abstract structures, which we call generalized ultrametric semilattices, and in which the meet operation of the semilattice coexists with a generalized distance function in a tightly coordinated way. We prove a constructive fixed-point theorem for strictly contracting functions on directed-complete generalized ultrametric semilattices, and introduce a corresponding induction principle. We cite examples of application in the semantics of logic programming and timed computation, where, until now, the only tool available has been the non-constructive fixed-point theorem of Priess-Crampe and Ribenboim for strictly contracting functions on spherically complete generalized ultrametric semilattices.

Committing to coal and gas: Long-term contracts, regulation, and fuel switching in power generation

Science.gov (United States)

Rice, Michael

Fuel switching in the electricity sector has important economic and environmental consequences. In the United States, the increased supply of gas during the last decade has led to substantial switching in the short term. Fuel switching is constrained, however, by the existing infrastructure. The power generation infrastructure, in turn, represents commitments to specific sources of energy over the long term. This dissertation explores fuel contracts as the link between short-term price response and long-term plant investments. Contracting choices enable power plant investments that are relationship-specific, often regulated, and face uncertainty. Many power plants are subject to both hold-up in investment and cost-of-service regulation. I find that capital bias is robust when considering either irreversibility or hold-up due to the uncertain arrival of an outside option. For sunk capital, the rental rate is inappropriate for determining capital bias. Instead, capital bias depends on the regulated rate of return, discount rate, and depreciation schedule. If policies such as emissions regulations increase fuel-switching flexibility, this can lead to capital bias. Cost-of-service regulation can shorten the duration of a long-term contract. From the firm's perspective, the existing literature provides limited guidance when bargaining and writing contracts for fuel procurement. I develop a stochastic programming framework to optimize long-term contracting decisions under both endogenous and exogenous sources of hold-up risk. These typically include policy changes, price shocks, availability of fuel, and volatility in derived demand. For price risks, the optimal contract duration is the moment when the expected benefits of the contract are just outweighed by the expected opportunity costs of remaining in the contract. I prove that imposing early renegotiation costs decreases contract duration. Finally, I provide an empirical approach to show how coal contracts can limit

Two-part pricing structure in long-term gas sales contracts

International Nuclear Information System (INIS)

Slocum, J.C.; Lee, S.Y.

1992-01-01

Although the incremental electricity generation market has the potential to be a major growth area for natural gas demand in the U.S., it may never live up to such promise unless gas suppliers are more willing to enter into long-term gas sales agreements necessary to nurture this segment of the industry. The authors submit that producer reluctance to enter into such long-term sales agreements can be traced, at least in part to the differing contract price requirements between gas producers and buyers. This paper will address an evolving solution to this contracting dilemma - the development of a two-part pricing structure for the gas commodity. A two-part pricing structure includes a usage or throughput charge established in a way to yield a marginal gas cost competitive with electric utility avoided costs, and a reservation charge established to guarantee a minimum cash flow to the producer. Moreover, the combined effect of the two charges may yield total revenues that better reflect the producer's replacement cost of the reserves committed under the contract. 2 tabs

Biomedicine, holism and general medical practice: responses to the 2004 General Practitioner contract.

Science.gov (United States)

Checkland, Kath; Harrison, Stephen; McDonald, Ruth; Grant, Suzanne; Campbell, Stephen; Guthrie, Bruce

2008-07-01

In 2004 a new contract was introduced for General Practitioners in the UK, which introduced a significant element of 'pay-for-performance', including both clinical and organisational targets. The introduction of this contract has caused interest across the world, particularly amongst those responsible for commissioning primary care services. It can be argued that the clinical targets in the contract (known as the Quality and Outcomes Framework, QOF) represent a move towards a more biomedical model of health and illness, which is contrary to the ideal of providing holistic (or biopsychosocial) care that has been traditionally espoused by GPs. This paper reports results from two linked studies (in England and Scotland) investigating the early stages of the new contract. We describe the way in which four practices with different organisational approaches and espoused identities have all changed their practice structures, consultations and clinical care in response to QOF in ways which will result in patients receiving a more biomedical type of care. In spite of these observed changes, respondents continued to maintain discursive claims to holism. We discuss how this disconnection between rhetoric and reality can be maintained, and consider its implications for the future development of GPs' claims to a professional identity.

77 FR 26175 - Section 42 Qualified Contract Provisions

Science.gov (United States)

2012-05-03

... indebtedness under general principles of Federal income tax law, and (3) upon the sale of the building, are... building for sale to the general public at the determined qualified contract price upon receipt of a... because of variations under State laws concerning the terms of a bona fide contract and methods for...

Spot markets vs. long-term contracts - modelling tools for regional electricity generating utilities

International Nuclear Information System (INIS)

Grohnheit, P.E.

1999-01-01

A properly organised market for electricity requires that some information will be available for all market participants. Also a range of generally available modelling tools are necessary. This paper describes a set of simple models based on published data for analyses of the long-term revenues of regional utilities with combined heat and power generation (CHP), who will operate a competitive international electricity market and a local heat market. The future revenues from trade on the spot market is analysed using a load curve model, in which marginal costs are calculated on the basis of short-term costs of the available units and chronological hourly variations in the demands for electricity and heat. Assumptions on prices, marginal costs and electricity generation by the different types of generating units are studied for selected types of local electricity generators. The long-term revenue requirements to be met by long-term contracts are analysed using a traditional techno-economic optimisation model focusing on technology choice and competition among technologies over 20.30 years. A possible conclusion from this discussion is that it is important for the economic and environmental efficiency of the electricity market that local or regional generators of CHP, who are able to react on price signals, do not conclude long-term contracts that include fixed time-of-day tariff for sale of electricity. Optimisation results for a CHP region (represented by the structure of the Danish electricity and CHP market in 1995) also indicates that a market for CO 2 tradable permits is unlikely to attract major non-fossil fuel technologies for electricity generation, e.g. wind power. (au)

Custom dairy heifer grower industry characteristics and contract terms.

Science.gov (United States)

Wolf, C A

2003-09-01

This study examines a national survey of professional custom heifer growers. Sixty-five respondents from 23 states provided information on operation size and characteristics, management practices, and contract terms. Responding operation current heifer inventories ranged from 30 to 20,000 heifers and the average operation had more than 1200 heifers on-farm. The regional pattern of operation size was similar to the regional pattern of dairy farm size with heifer grower operations in the West and South regions being larger, on average, than those in the Midwest and Northeast regions. On average, 71% of total income was derived from the heifer-growing enterprise. Operations in the Northeast region derived the highest percentage of income from heifer growing while operations in the South region derived the least income from heifer growing activities. Many operations entered business to utilize excess facilities, labor, or feed. A majority of the operations had two to five dairy farm clients. Sixty-nine percent of respondents used some form of written contract. Just over 50% of the respondents indicated that a set daily charge per heifer per day was the primary type of contract payment. Although the most common charge was dollars 1.50 per heifer per day, average daily charge was dollars 1.52/heifer. Operations that took heifers from prior to weaning through to prefresh charged a weighted average daily charge of dollars 1.60 per heifer. Explaining price charges as a function of characteristics and contract terms revealed that size and number of clients were negatively related to price while specialization in heifer growing was positively related to price charged.

29 CFR 4.111 - Contracts “to furnish services.”

Science.gov (United States)

2010-07-01

... McNamara-O'Hara Service Contract Act Covered Contracts Generally § 4.111 Contracts “to furnish services.” (a) “Principal purpose” as criterion. Under its terms, the Act applies to a “contract * * * the... performed are only incidental to the performance of a contract for another purpose, the Act does not apply...

Options: the value of flexibilities in long term uranium contracts

International Nuclear Information System (INIS)

Major-Sosias, M.A.

1996-01-01

It has been commonplace for uranium suppliers to offer utilities long-term contracts with significant quantity flexibilities. These are attractive to the utility for which the consumption of fuel is dependent on variable reactor performance and have given the suppliers an additional competitive tool. The return to a uranium market in which near-term supply is likely to be tight is a disincentive to suppliers to offer new contracts with flexibilities. Typical recent flexibility offers have been significantly less generous than in the past. A methodology is outlined which can be used to give a theoretical estimate of the value of the flexibility provision to the supplier and buyer. It is based on the similarity between flexibility provision and option contracts in the securities and commodity markets. By regarding flexibilities as ''embedded options'' it is possible to apply to them the Black-Scholes option pricing formula as long as the necessary inputs, such as the price of uranium, the loan rate and the volatility, are available. The formula does have its shortfalls, however; in particular, it cannot incorporate the political perturbations that are continually taking place in the uranium industry. (13 figures, 15 references). (UK)

Long-term energy supply contracts in European competition policy: Fuzzy not crazy

International Nuclear Information System (INIS)

Hauteclocque, Adrien de; Glachant, Jean-Michel

2009-01-01

Long-term supply contracts often have ambiguous effects on the competitive structure, investment and consumer welfare in the long term. In the new market context, these effects are likely to be worsened and thus even harder to assess. Since liberalization and especially since the release of the Energy Sector Inquiry in early 2007, the portfolio of long-term supply contracts of the former incumbents have become a priority for review by the European Commission and the national competition authorities. It is widely believed that European Competition authorities take a dogmatic view on these contracts and systemically emphasize the risk of foreclosure over their positive effects on investment and operation. This paper depicts the methodology that has emerged in the recent line of cases and argues that this interpretation is largely misguided. It shows that a multiple-step approach is used to reduce regulation costs and balance anti-competitive effects with potential efficiency gains. However, if an economic approach is now clearly implemented, competition policy is constrained by the procedural aspect of the legal process and the remedies imposed remain open for discussion.

26 CFR 1.460-2 - Long-term manufacturing contracts.

Science.gov (United States)

2010-04-01

... time normally required to design and manufacture the first unit of an item for which the taxpayer... manufacture a new type of industrial equipment. C reasonably expects the normal production period for this... 26 Internal Revenue 6 2010-04-01 2010-04-01 false Long-term manufacturing contracts. 1.460-2...

UNFAIR TERMS.CAUSES FOR INBALANCES IN BANK LOAN CONTRACTS

Directory of Open Access Journals (Sweden)

Mariana Rodica ȚÎRLEA

2014-11-01

In the case of bank loan contracts, we believe that the abuse of power takes the form of contractual terms imposed by breaking the natural order and the contract’s drafting principles, in a properly articulated decisive way, commissioned by one holding it, namely by the party holding the dominant position.

Optimal Long-term Contracting with Learning

OpenAIRE

Jianfeng Yu; Bin Wei; Zhiguo He

2012-01-01

This paper introduces profitability uncertainty into an infinite-horizon variation of the classic Holmstrom and Milgrom (1987) model, and studies optimal dynamic contracting with endogenous learning. The agent's potential belief manipulation leads to the hidden information problem, which makes incentive provisions intertemporally linked in the optimal contract. We reduce the contracting problem into a dynamic programming problem with one state variable, and characterize the optimal contract w...

The general principles of the Chinese contract law from the perspective of an (English) Common lawyer

OpenAIRE

Twigg-Flesner, Christian

2017-01-01

This chapter will contrast the statement of general principles found in Arts.1-7 of the Chinese Contract Law (“CCL”) with the approach to general principles of contract law in the (English) common law. The particular purpose of this paper will be on how these two contract law regimes regard contractual freedom and the extent to which there are limitations to this. It will begin with a short summary account of the CCL’s general principles. The bulk of this paper will then set out the English c...

Art. 70-71: Incorporation and making available of standard contract terms

NARCIS (Netherlands)

Loos, M.; Colombi Ciacchi, A.

2016-01-01

Incorporation of standard terms is a much-debated issue in almost all legal systems. Any legal instrument on contract law therefore must provide an answer as to when terms are incorporated – but answers may vary considerably from one legal system to the next. In this chapter the provisions of the –

Fixed point theorems for generalized α -β-weakly contraction mappings in metric spaces and applications.

Science.gov (United States)

Latif, Abdul; Mongkolkeha, Chirasak; Sintunavarat, Wutiphol

2014-01-01

We extend the notion of generalized weakly contraction mappings due to Choudhury et al. (2011) to generalized α-β-weakly contraction mappings. We show with examples that our new class of mappings is a real generalization of several known classes of mappings. We also establish fixed point results for such mappings in metric spaces. Applying our new results, we obtain fixed point results on ordinary metric spaces, metric spaces endowed with an arbitrary binary relation, and metric spaces endowed with graph.

Generalized Meir-Keeler Type ψ-Contractive Mappings and Applications to Common Solution of Integral Equations

Directory of Open Access Journals (Sweden)

Huseyin Isik

2017-03-01

Full Text Available The goal of the present article to introduce the notion of generalized Meir-Keeler type ψ-contractions and prove some coupled common fixed point results for such type of contractions. The theorems proved herein extend, generalize and improve some results of the existing literature. Several examples and an application to integral equations are also given in order to illustrate the genuineness of our results.

Common fixed points for generalized contractive mappings in cone metric spaces

Directory of Open Access Journals (Sweden)

Hassen Aydi

2012-06-01

Full Text Available The purpose of this paper is to establish coincidence point and common fixed point results for four maps satisfying generalized weak contractions in cone metric spaces. Also, an example is given to illustrate our results.

Fixed Point Theorems for Generalized α-β-Weakly Contraction Mappings in Metric Spaces and Applications

Directory of Open Access Journals (Sweden)

Abdul Latif

2014-01-01

Full Text Available We extend the notion of generalized weakly contraction mappings due to Choudhury et al. (2011 to generalized α-β-weakly contraction mappings. We show with examples that our new class of mappings is a real generalization of several known classes of mappings. We also establish fixed point results for such mappings in metric spaces. Applying our new results, we obtain fixed point results on ordinary metric spaces, metric spaces endowed with an arbitrary binary relation, and metric spaces endowed with graph.

48 CFR 2032.402 - General.

Science.gov (United States)

2010-10-01

... Chief Financial Officer, Division of Accounting and Finance, to ensure completeness of contractor... REQUIREMENTS CONTRACT FINANCING Advance Payments for Non-Commercial Items 2032.402 General. (a) The contracting... contract terms concerning advance payments. (b) Before authorizing any advance payment agreements, except...

77 FR 5253 - Public Availability of General Services Administration FY 2011 Service Contract Inventory

Science.gov (United States)

2012-02-02

... GENERAL SERVICES ADMINISTRATION [Notice-MV-2012-01; Docket 2012-0002; Sequence 3] Public Availability of General Services Administration FY 2011 Service Contract Inventory AGENCY: Office of Acquisition Policy (MV); General Services Administration (GSA). ACTION: Notice of public availability of FY...

76 FR 5375 - Public Availability of General Services Administration FY 2010 Service Contract Inventory

Science.gov (United States)

2011-01-31

... GENERAL SERVICES ADMINISTRATION [2011-MV-1; Docket No. 2011-0006; Sequence 4] Public Availability of General Services Administration FY 2010 Service Contract Inventory AGENCY: Office of Acquisition Policy; General Services Administration (GSA). ACTION: Notice. SUMMARY: This notice announces that GSA is...

Modeling the Interest Rate Term Structure: Derivatives Contracts Dynamics and Evaluation

Directory of Open Access Journals (Sweden)

Pedro L. Valls Pereira

2005-06-01

Full Text Available This article deals with a model for the term structure of interest rates and the valuation of derivative contracts directly dependent on it. The work is of a theoretical nature and deals, exclusively, with continuous time models, making ample use of stochastic calculus results and presents original contributions that we consider relevant to the development of the fixed income market modeling. We develop a new multifactorial model of the term structure of interest rates. The model is based on the decomposition of the yield curve into the factors level, slope, curvature, and the treatment of their collective dynamics. We show that this model may be applied to serve various objectives: analysis of bond price dynamics, valuation of derivative contracts and also market risk management and formulation of operational strategies which is presented in another article.

Unfair contract terms and the consumer: ECJ case-law, foreign literature and their impact on Dutch law

NARCIS (Netherlands)

Hondius, E.H.

2016-01-01

Summary: In the late twentieth century, most European states have adopted legislation on unfair contract terms. The Directive 93/13/EEC on unfair terms in consumer contracts has effectively made the European Court of Justice (ECJ) the final arbiter in interpreting much of this legislation. The

Housing and bed and board contract

Directory of Open Access Journals (Sweden)

Veselinović Janko

2011-01-01

Full Text Available In this work not only legal nature of catering services is analyzed, but also legal position of parties in it. Catering contract (Housing and Bed and Board Contract is unnamed in our country and the main source of law for this contract are business practices and usage. A lot of attention is paid to this question. Lack of legal norms for this area is general characteristic for most of the tourism contracts. In this contract its title is also debatable because term 'catering services' is not usually used in practice. Although this contract is unnamed in Comparative Law ,in tourist more developed countries there are more codified business practices from this area and there is more Case Law. Having in mind development of tourist economy adequate legal conditions in tourism contract are expected.

Need for ex officio control of unfair terms in consumer contracts: comparative view of the Spanish system

Directory of Open Access Journals (Sweden)

Ana Isabel Blanco García

2016-12-01

Full Text Available European authorities advocate for providing judges greater power to examine ex officio the abusive nature of the standard contract terms within a consumer contract.  This line of reasoning in case-law has been introduced in Spain, thus improving the protection of consumers’ rights and interests. However, countries like Uruguay do not consider this possibility, preventing judges from controlling contents unless it is requested by the parties, since the annulment of a contract would be questioned due to the legal nature of nullity. In this paper, the different regulations of unfair contract terms in the Spanish and Uruguayan systems are discussed.

Double Dutch : On the role of the transparency requirement with regard to the language in which standard contract terms for B2C-contracts must be drafted

NARCIS (Netherlands)

Loos, M.

2017-01-01

European legislation currently does not clearly determine in what language standard contract terms must be drafted in order to be validly incorporated into consumer contracts so they can be relied upon by a trader. This may be particularly problematic in the case of a cross-border contract as

Green certificate markets, the risk of over-investment, and the role of long-term contracts

International Nuclear Information System (INIS)

Kildegaard, Arne

2008-01-01

Several papers have recently analyzed the theory and implementation of renewable energy support schemes. The case for a renewable electricity standard (RES) in tandem with a tradeable green certificate (TGC) market has been largely based on efficiency considerations. Case study evidence is inconclusive, in part due to the short track record, but is not generally favorable. Here we reconsider the efficiency case, both static and dynamic, in light of special characteristics of renewable energy projects. We find that when exclusively high fixed-cost technologies comprise the eligible technology pool, the equilibrium form of contracting obviates the principal efficiency advantages claimed for certificate markets. When low fixed-cost technologies compete alongside high fixed-cost technologies in the certificate market, we show that it is likely that long-term contracts will disappear, and the technological choice will be inefficiently shifted away from the high fixed-cost technology. We consider evidence from three well-developed certificate schemes - in Britain, Sweden, and Texas - and find that it is broadly consistent with the theory here. (author)

Short-term contracts: Descending the career ladder

Science.gov (United States)

Griffin, Elizabeth

2002-12-01

Elizabeth Griffin brings a personal insight to the hurdles that women seeking a scientific career face, arguing that the only gender differences are those of attitude, tradition and style. The policy of employing some but not all academic researchers through short-term contracts is highly divisive, in that it creates a two-tier system not only of opportunities and expectations but also of personal worth and value. Far more women than men are trapped in these career cul-de-sacs, and a seriously large fraction is unable to stay in research until retirement. It is the employment policy that is at fault, not the potential of the researchers or the quality of their research.

Long-term contract auctions and market power in regulated power industries

International Nuclear Information System (INIS)

Soledad Arellano, M.; Serra, Pablo

2010-01-01

A number of countries with oligopolistic power industries have used marginal cost pricing to set the price of energy for small customers. This course of action, however, does not necessarily ensure an efficient outcome when competition is imperfect. The purpose of this paper is to study how the auction of long-term contracts could reduce market power. We do so in a two-firm, two-technology, linear-cost, static model where demand is summarized by a price inelastic load curve. In this context we show that the larger the proportion of total demand auctioned in advance, the lower are both the contract and the average spot price of energy.

Standard contract terms regulation in the proposal for a common European sales law

NARCIS (Netherlands)

Loos, M.B.M.

2012-01-01

In this paper, the regulation in standard contract terms in the proposal for a Commono European Sales Law (CESL) is compared with the regulation in the Unfair Terms Directive, the Draft Common Frame of Reference (DCFR) and the Vienna Sales Convention (CISG). The paper starts with an overview of the

General Principles and Convention on Contracts for the International Sale of Goods (CISG – Uniformity under an Interpretation Umbrella?

Directory of Open Access Journals (Sweden)

Laura Lassila

2017-01-01

Full Text Available Globalization and digitalization of international sales creates needs to harmonize rules of international commercial contracts. The question is whether the harmonization should be done by binding rules or using soft law tools or through digitalization. In this article I argue on favor of harmonization through international contracts law rules’ international interpretation.The international interpretation principles used in this article are found from on Art. 7(1 of the Convention on Contracts for the International Sale of Goods (CISG which sets three interpretation rules: international character; promoting uniformity; and observance of good faith in international trade. These principles are not only principles of the CISG, but also principles commonly recognized in international commercial practice and also in domestic contract rules. I argue that by adopting an international interpretation umbrella – the meta-principle of international interpretation, cross-border contracts could be interpreted under the same principle no matter applicable substantial law. The meta-principle functions as an interpretation umbrella covering general principles and Articles of the CISG, general principles of international commercial contracts, Lex Mercatoria, and cross-border contract provision under national law.The outcomes points out that arbitral tribunals have interpreted general principles of the CISG and Lex Mercatoria in various ways. General principles and their application in case law is analyzed in connection with the Civil Code of the Russian Federation. Tribunals found that general principles of the CISG are applicable even if the CISG is not. It follows Art.’s 7(2 logic to promote international standard to cross-border contracts where the closes connection is international commercial practice rather than any national jurisdiction.

Auction approaches of long-term contracts to ensure generation investment in electricity markets: Lessons from the Brazilian and Chilean experiences

International Nuclear Information System (INIS)

Moreno, R.; Barroso, L.A.; Rudnick, H.; Mocarquer, S.; Bezerra, B.

2010-01-01

The implementation of auctions of long-term electricity contracts is arising as an alternative to ensure generation investment and therefore achieve a reliable electricity supply. The aim is to reconcile generation adequacy with efficient energy purchase, correct risk allocation among investors and consumers, and the politico-economic environment of the country. In this paper, a generic proposal for a long-term electricity contracts approach is made, including practical design concepts for implementation. This proposal is empirically derived from the auctions implemented in Brazil and Chile during the last 6 years. The study is focused on practices and lessons which are especially useful for regulators and policy makers that want to facilitate the financing of new desirable power plants in risky environments and also efficiently allocate supply contracts among investors at competitive prices. Although this mechanism is generally seen as a significant improvement in market regulation, there are questions and concerns on auction performance that require careful design and which are identified in this paper. In addition, the experiences and proposal described can serve to derive further mechanisms in order to promote the entrance of particular generation technologies, e.g. renewables, in the developed world and therefore achieve a clean electricity supply.

Common Fixed Point of Multivalued Generalized φ-Weak Contractive Mappings

Directory of Open Access Journals (Sweden)

Behzad Djafari Rouhani

2010-01-01

Full Text Available Fixed point and coincidence results are presented for multivalued generalized φ-weak contractive mappings on complete metric spaces, where φ:[0,+∞→[0,+∞ is a lower semicontinuous function with φ(0=0 and φ(t>0 for all t>0. Our results extend previous results by Zhang and Song (2009, as well as by Rhoades (2001, Nadler (1969, and Daffer and Kaneko (1995.

Third party bargaining and contract terms: a link over time?

Science.gov (United States)

Brooks, John M; Doucette, William R; Sorofman, Bernard A

2002-01-01

To evaluate whether prior pharmacy bargaining process strategies and pharmacy dependence on third parties affect the bargaining power of pharmacies in price negotiations with third parties. One-time survey. Random sample of 900 independent and small chain pharmacies in nine states: Colorado, Connecticut, Georgia, Kentucky, Minnesota, Oklahoma, Oregon, Pennsylvania, and Wisconsin. Two hundred sixteen of the returned surveys contained sufficient responses for this analysis. Survey data on pharmacy bargaining power and prior pharmacy bargaining strategies, pharmacy dependence, and market characteristics were analyzed using multiple regression in a previously developed and modified provider/third party bargaining model. Pharmacy bargaining power. Pharmacy bargaining power varied across our sample. Pharmacy bargaining power was positively related to whether a pharmacy previously bargained with the third parties, negatively related to prior requests for contract changes, and negatively related to the pharmacy's dependence on third parties in total. Pharmacy bargaining power is related to the bargaining strategies employed by pharmacies during the previous year and the dependence of pharmacies on third party payers in total. With the prevalence of "take-it-or-leave-it" contracts from third parties, prior pharmacy bargaining behavior may affect the initial terms of the contracts that pharmacies are offered.

The Generalized Hill Model: A Kinematic Approach Towards Active Muscle Contraction

Science.gov (United States)

Menzel, Andreas; Kuhl, Ellen

2014-01-01

Excitation-contraction coupling is the physiological process of converting an electrical stimulus into a mechanical response. In muscle, the electrical stimulus is an action potential and the mechanical response is active contraction. The classical Hill model characterizes muscle contraction though one contractile element, activated by electrical excitation, and two non-linear springs, one in series and one in parallel. This rheology translates into an additive decomposition of the total stress into a passive and an active part. Here we supplement this additive decomposition of the stress by a multiplicative decomposition of the deformation gradient into a passive and an active part. We generalize the one-dimensional Hill model to the three-dimensional setting and constitutively define the passive stress as a function of the total deformation gradient and the active stress as a function of both the total deformation gradient and its active part. We show that this novel approach combines the features of both the classical stress-based Hill model and the recent active-strain models. While the notion of active stress is rather phenomenological in nature, active strain is micro-structurally motivated, physically measurable, and straightforward to calibrate. We demonstrate that our model is capable of simulating excitation-contraction coupling in cardiac muscle with its characteristic features of wall thickening, apical lift, and ventricular torsion. PMID:25221354

A FRESH APPROACH TO UNFAIR TERMS IN COMMERCIAL CONTRACTS: ARE THE LATEST LAW AMENDMENTS BENEFICIAL TO CONSUMERS?

Directory of Open Access Journals (Sweden)

Paul COMȘA

2014-05-01

Full Text Available Mostly in consumer contracts, the economic and juridical imbalances between trade participants give the party of superior negotiating strength a considerable advantage by defining terms in advance. Consequently, an unfair business-to-consumer practice emerged in which sellers and suppliers impose a series of non-negotiable terms to the detriment of the consumer. Romanian regulations tried to efficiently tackle this problem being driven by the new European legislative trends. Law no.193/2000, which is the main regulation in this field, has been amended twice in the last two years and a series of new provisions on unfair contractual terms were introduced by Law no. 72/2013 and the new Romanian Civil Code. The main objective of the Romanian legislator was to reduce the massive number of lawsuits regarding unfair terms in consumer contracts and to provide a more effective protection for consumers. However, the new provisions also made changes which favour banks, insurance companies and other businesses that often insert predetermined terms in contracts.

Implementing the EU's Directive on Fixed-term Contracts at Company Level

DEFF Research Database (Denmark)

Larsen, Trine Pernille

This article examines the effects and influences of the EU's directive on fixed-term contracts in the Danish local government sector. The study is based on interviews with 259 workplaces, central management and trade union representatives from 14 randomly selected Danish municipalities. The article...... argues that although social partners at local level have transposed the directive, its actual effects are limited, as employers' recruitment strategies and fixed-term workers' working conditions have changed relatively little as a result of the directive. The success of implementing the directive largely...

The concept of abusive clauses/unfair terms in contracts concluded between the undertakings, on the one hand, and the consumers, on the other hand

Directory of Open Access Journals (Sweden)

Andreea-Teodora Stănescu

2014-11-01

Full Text Available Initially, the concept of unfair terms characterized only the contracts concluded between consumers and professionals. Currently, the concept is also incident in other types of contracts. This study only concerns the concept of unfair terms applicable to contracts concluded between consumers and professionals. Main regulations applicable are represented by Law no. 193/2000 on unfair terms in contracts concluded between professionals and consumers and Directive 93/13 / EEC on unfair terms in consumer contracts (interpreted by the ECJ. Scientific work is proposed to set up the concept of unfair terms. In order to do so, several steps are to be followed: 1. determining the scope (contracts on the sale of goods or services concluded between professionals and consumers 2. analysis of unfair terms defining features: (a the absence of negotiation between the contracting parties, (b the presence of a significant imbalance between the rights and obligations of the parties, to the detriment of consumers and (c the breach of good faith 3. the identification of the incident sanctions 4. the highlighting of some procedural features (especially in terms of the effects of court decisions finding the unfairness of a contractual term.

Evidence of long term muscle fatigue following prolonged intermittent contractions based on mechano- and electromyograms

DEFF Research Database (Denmark)

Søgaard, K; Blangsted, A K; Jørgensen, L V

2003-01-01

The focus of the present study is the long term element of muscle fatigue provoked by prolonged intermittent contractions at submaximal force levels and analysed by force, surface electromyography (EMG) and mechanomyogram (MMG). It was hypothesized that fatigue related changes in mechanical...... performance of the biceps muscle are more strongly reflected in low than in high force test contractions, more prominent in the MMG than in the EMG signal and less pronounced following contractions controlled by visual compared to proprioceptive feedback. Further, it was investigated if fatigue induced by 30...... min intermittent contractions at 30% as well as 10% of maximal voluntary contraction (MVC) lasted more than 30 min recovery. In six male subjects the EMG and MMG were recorded from the biceps brachii muscle during three sessions with fatiguing exercise at 10% with visual feedback and at 30% MVC...

The effect of financial constraints, technological progress and long-term contracts on tradable green certificates

International Nuclear Information System (INIS)

Agnolucci, Paolo

2007-01-01

Tradable green certificates (TGCs) have recently become a diffuse instrument to support renewable electricity in OECD countries. Although it is perhaps too early to draw a conclusive judgement on the effectiveness of this instrument in increasing renewable capacity and decreasing the price of certificates, one view in the literature maintains that long-term contracts are of particular importance for TGCs to be effective. This paper contributes to this debate by analysing how financial constraints and technological progress can induce investors to hold pessimistic expectations of their ability to sell green certificates and still make a profit. Clearly, these expectations will prevent investors from building new capacity to fulfil the quota comprised in TGCs and will keep the price of certificates traded in the market high. As this kind of expectation is not influenced by most design features of TGCs, one can conclude that long-term contracts are particularly important in determining the effectiveness and cost-effectiveness of these instruments. Some attention should therefore be paid to the features of the TGCs, which induce obliged parties to offer long-term contracts to renewable generators. (author)

What constitutes the gas sales contract in the evolving marketplace?

International Nuclear Information System (INIS)

Hughes, T.M.

1996-01-01

A general overview of certain fundamental issues of contract law, which are relevant to gas sales transactions, was presented. Since deregulation, parties of the Canadian natural gas market are free to negotiate the terms of arrangements and contracts with any number of buyers and sellers. With deregulation also came a substantial increase in the amount of litigation regarding sales contracts. Two basic issues that should be kept in mind when negotiating any gas sales contract were letter agreements, (two versions of non-binding letters of intent), and requirement of writing. Within the requirements of writing one should be mindful of the legal implications of the fraud statutes, the Sale of Goods Act, what constitutes a sufficient note or memorandum, what constitutes the requisite signature, contracting out of the requirement of writing and signature on the mass agreement, certainty of terms, and the terms implied by legislation. It was considered advantageous for both buyers and sellers to continue to be vigilant about the contractual arrangements respecting all of their gas transactions

A general diagrammatic algorithm for contraction and subsequent simplification of second-quantized expressions.

Science.gov (United States)

Bochevarov, Arteum D; Sherrill, C David

2004-08-22

We present a general computer algorithm to contract an arbitrary number of second-quantized expressions and simplify the obtained analytical result. The functions that perform these operations are a part of the program Nostromo which facilitates the handling and analysis of the complicated mathematical formulas which are often encountered in modern quantum-chemical models. In contrast to existing codes of this kind, Nostromo is based solely on the Goldstone-diagrammatic representation of algebraic expressions in Fock space and has capabilities to work with operators as well as scalars. Each Goldstone diagram is internally represented by a line of text which is easy to interpret and transform. The calculation of matrix elements does not exploit Wick's theorem in a direct way, but uses diagrammatic techniques to produce only nonzero terms. The identification of equivalent expressions and their subsequent factorization in the final result is performed easily by analyzing the topological structure of the diagrammatic expressions. (c) 2004 American Institute of Physics

Other enrichment related contracts

International Nuclear Information System (INIS)

Hall, J.C.

1978-01-01

In addition to long-term enrichment contracts, DOE has other types of contracts: (1) short-term, fixed-commitment enrichment contract; (2) emergency sales agreement for enriched uranium; (3) feed material lease agreement; (4) enriched uranium storage agreement; and (5) feed material usage agreement

Community in a Hurry: Social Contracts and Social Covenants in Short-Term ESL Courses

Science.gov (United States)

Martinsen, Rob A.

2009-01-01

Like many adult ESL instructors, the author has felt firsthand the challenges of creating community in short-term courses. Through his experience, he has noticed that in order to successfully build community in short-term ESL courses, teachers need to lay a foundation for social contracts and social covenants from the first day of the course and…

The Relationship between the Employment Contract and other Civil Contracts

Directory of Open Access Journals (Sweden)

Răzvan Radu Popescu

2015-05-01

Full Text Available The employment relationship is a contractual one and as such must have all the basic elements of an enforceable contract to make it legally binding. In strict contractual terms, the offer is made by the employer and formally accepted by the employee. Once the acceptance has taken place, there is a legally binding agreement and an action will lie against the party who breaches that agreement, even though it may only just have come into existence. An employment contract, however, is unlike most other contracts. Although the parties will have negotiated the main terms, we shall see that a large number of terms will be implied into the agreement from all sorts of different sources and will not have been individually negotiated by the parties at all. This is what makes an employment contract so different from other contracts. We think this article is an important step in the disclosure of the problem eraised by these two concepts.

Duration in Production Contracts

OpenAIRE

MacDonald, James M.; Korb, Penelope J.

2006-01-01

We use 2003 and 2004 ARMS data to analyze variations in contract duration among growers of broilers who hold production contracts. Most contracts cover just a single flock, but many extend for 1-2 years, and a significant minority of broiler contracts specify lengths of 5, 10, and even 15 years. We find that grower debt and production volume are inversely related to the choice of a short term (a year or less) contract, while lengthy prior experience with the contractor promotes short term con...

48 CFR 17.204 - Contracts.

Science.gov (United States)

2010-10-01

.... (f) Contracts may express options for increased quantities of supplies or services in terms of (1... identified as the option. (g) Contracts may express extensions of the term of the contract as an amended... on the purchase of additional supplies or services, or the overall duration of the term of the...

Building Psychological Contracts in Security-Risk Environments

DEFF Research Database (Denmark)

Ramirez, Jacobo; Madero, Sergio; Vélez-Zapata, Claudia

2015-01-01

This paper examines the reciprocal obligations between employers and employees that are framed as psychological contracts in security-risk environments. A total of 30 interviews based on psychological contract frameworks, duty-of-care strategies in terms of human resource management (HRM) systems...... and the impacts of narcoterrorism on firms were conducted with human resources (HR) personnel, line managers and subordinates at eight national and multinational corporations (MNCs) with subsidiaries in Colombia and Mexico. Our findings generally support the existence of a relational psychological contract in our...... sample. Duty-of-care strategies based on both HRM systems and the sensitivities of HR personnel and line managers to the narcoterrorism context, in combination with both explicit and implicit security policies, tend to be the sources of the content of psychological contracts. We propose a psychological...

Transparency of standard terms under the Unfair Contract Terms Directive and the Proposal for a Common European Sales Law

NARCIS (Netherlands)

Loos, M.B.M.

2015-01-01

This paper discusses whether and to what extent the transparency principle is applicable to standard contract terms legislation under European Union law and what the consequences are when the principle, in so far as it is recognized, is breached. To that extent, it focuses first on the Unfair

7 CFR 631.14 - Contract violations.

Science.gov (United States)

2010-01-01

... AGRICULTURE LONG TERM CONTRACTING GREAT PLAINS CONSERVATION PROGRAM Contracts § 631.14 Contract violations. Contract violations, determinations and appeals will be handled in accordance with the terms of the... 7 Agriculture 6 2010-01-01 2010-01-01 false Contract violations. 631.14 Section 631.14 Agriculture...

Multidimensional coincidence point results for generalized $(\\psi ,\\theta ,\\varphi$-contraction on ordered metric spaces

Directory of Open Access Journals (Sweden)

Bhavana Deshpande

2017-11-01

Full Text Available The main objective of this research article is to establish some coincidence point theorem for $g$-non-decreasing mappings under generalized $(\\psi ,\\theta ,\\varphi $-contraction on a partially ordered metric space. Furthermore, we show how multidimensional results can be seen as a simple consequences of our unidimensional coincidence point theorem. Our results modify, improve, sharpen, enrich and generalize various known results.

A new iteration process for finite families of generalized lipschitz pseudo-contractive and generalized lipschitz accretive mappings

International Nuclear Information System (INIS)

Chidume, C.E.; Ofoedu, E.U.

2007-07-01

In this paper, we introduce a new iteration process and prove that it converges strongly to a common fixed point for a finite family of generalized Lipschitz nonlinear mappings in a real reflexive Banach space E with a with uniformly Gateaux differentiable norm if at least one member of the family is pseudo-contractive. We also prove that a slight modification of the process converges to a common zero for a finite family of generalized Lipschitz accretive operators defined on E. Results for nonexpansive families are obtained as easy corollaries. Finally, our new iteration process and our method of proof are of independent interest. (author)

Short Term Hedging Using Futures Contracts

Directory of Open Access Journals (Sweden)

Ioana – Diana PAUN

2012-12-01

Full Text Available The objective of this paper is to demonstrate the effectiveness of risk management portfolio using futures contracts to achieve hedging. The risk can be minimized once measured, and the traditional tool of market risk management is hedging. The objective is to identify the optimum position to minimize the variation in a contract concluded now. Clearly hedging portfolio will reduce not only risk but also profitability. In conclusion hedging aims risk management, no additional gain. Portfolio manager will have the opportunity to carefully consider the relationship between risk and return in order to act according to his profile and targeted results.

THE CONSUMER PROTECTION ACT 68 OF 2008 AND PROCEDURAL FAIRNESS IN CONSUMER CONTRACTS

Directory of Open Access Journals (Sweden)

Philip N Stoop

2015-11-01

Full Text Available In general, the concept "contractual fairness" can be narrowed down, described and analysed with reference to the two interdependent types of fairness – substantive and procedural fairness. Measures aimed at procedural fairness in contracts address conduct during the bargaining process and generally aim at ensuring transparency. One could say that a contract is procedurally fair where its terms are transparent and do not mislead as to aspects of the goods, service, price and terms. Despite the noble aims of legislative measures aimed at procedural fairness there are certain limits to the efficacy of procedural measures and transparency. The special procedural measures which must be considered in terms of the Consumer Protection Act 68 of 2008 in order to decide if a contract is fair are analysed in this article, as are other measures contained in the Act, which may also increase procedural fairness, and are discussed so as to allow suppliers to predict whether their contracts will be procedurally fair or not in terms of the Act. The special procedural measures can be categorised under measures requiring disclosure and/or mandatory terms, and measures addressing bargaining position and choice. It is concluded that owing to the nature of all these factors and measures related to procedural fairness, it is clear that openness and transparency are required by the CPA.

Radiation sterilisation - a contract steriliser's view

International Nuclear Information System (INIS)

Woolston, J.

1995-01-01

Radiation processing is based on two characteristics of high energy radiations namely their ability to kill micro-organisms and their ability to modify polymer structure. Contract radiation plants are particularly prominent in the application of radiation processing, accounting for approx. 33% of gamma plants world wide and over 50% of installed Cobalt 60. Amongst contract radiation plants Globally sterilisation will account for some 70-80% of gamma plant revenues with 20-30% being associated with other microbiological control activities. Individual plants however will show significant variation. Total volumes of sterile product generated by contract gamma plants are estimated at approx. 1.5-2.0 m3 per annum. Chemical modification generally forms a small proportion of their activity in value or volume terms although the high dosages generally required for polymer modification may result in a larger proportion of process time. Non-sterilisation irradiation services based on microbiological control are provided for a variety of industries particularly pharmaceutical raw material, food packaging and pharmaceutical packaging and food itself. (author)

Commissioning healthcare for people with long term conditions: the persistence of relational contracting in England's NHS quasi-market.

Science.gov (United States)

Porter, Alison; Mays, Nicholas; Shaw, Sara E; Rosen, Rebecca; Smith, Judith

2013-01-01

Since 1991, there has been a series of reforms of the English National Health Service (NHS) entailing an increasing separation between the commissioners of services and a widening range of public and independent sector providers able to compete for contracts to provide services to NHS patients. We examine the extent to which local commissioners had adopted a market-oriented (transactional) model of commissioning of care for people with long term conditions several years into the latest period of market-oriented reform. The paper also considers the factors that may have inhibited or supported market-oriented behaviour, including the presence of conditions conducive to a health care quasi-market. We studied the commissioning of services for people with three long term conditions - diabetes, stroke and dementia - in three English primary care trust (PCT) areas over two years (2010-12). We took a broadly ethnographic approach to understanding the day-to-day practice of commissioning. Data were collected through interviews, observation of meetings and from documents. In contrast to a transactional, market-related approach organised around commissioner choice of provider and associated contracting, commissioning was largely relational, based on trust and collaboration with incumbent providers. There was limited sign of commissioners significantly challenging providers, changing providers, or decommissioning services.In none of the service areas were all the conditions for a well functioning quasi-market in health care in place. Choice of provider was generally absent or limited; information on demand and resource requirements was highly imperfect; motivations were complex; and transaction costs uncertain, but likely to be high. It was difficult to divide care into neat units for contracting purposes. As a result, it is scarcely surprising that commissioning practice in relation to all six commissioning developments was dominated by a relational approach. Our findings

New staff contract policy

CERN Document Server

HR Department

2006-01-01

Following discussion at TREF and on the recommendation of the Finance Committee, Council approved a new staff contract policy, which became effective on 1 January 2006. Its application is covered by a new Administrative Circular No. 2 (Rev. 3) 'Recruitment, appointment and possible developments regarding the contractual position of staff members'. The revised circular replaces the previous Circulars No. 9 (Rev. 3) 'Staff contracts' and No. 2 (Rev. 2) 'Guidelines and procedures concerning recruitment and probation period for staff members'. The main features of the new contract policy are as follows: The new policy provides chances for long-term employment for all staff recruits staying for four years without distinguishing between those assigned to long-term or short-term activities when joining CERN. In addition, it presents a number of simplifications for the award of ICs. There are henceforth only 2 types of contract: Limited Duration (LD) contracts for all recruitment and Indefinite Contracts (IC) for...

Features of the content of corporate contracts

Directory of Open Access Journals (Sweden)

Elena Petrovna Gladneva

2015-09-01

Full Text Available Objective to study the legal nature to reveal the peculiarities of the subject and other essential terms of corporate contracts as a technique and means of legal regulation of corporate relations. Methods general and specific methods of cognition dialectical formal logic analysis synthesis modeling structural and systemicfunctional methods as well as comparative legal logical legal historical legal grammatical methods and systemic interpretation. Results it is concluded that the object of corporate contracts includes terms about the features of implementation of corporate rights for shares and share in capital assets conditions order of the implementation of corporate rights and approval of other actions related to company management activity reorganization and liquidation the passive duty of corporate organizations to refrain from committing any action authority arising from the nature of corporate agreements as well as the active responsibilities associated with the certain implementation of corporate rights certified by stocks shares rights to stocks shares. In addition to the subject the content of corporate contractsincludes other essential necessary conditions stipulated by the corporate legislation norms and the agreement of the participants of economic entity. Scientific novelty for the first time taking into account modern achievements of civilistic jurisprudence and practice the authors investigate the relationship between the concepts of a civil contract and corporate contract give the definition of corporate contract show the specificity of the subject and other material terms of corporate contracts. Practical significance the findings can be taken into account in the further research of corporate law issues as subbranch of civil law used in law making and enforcement activities in the educational process as a teaching material in civil law. nbsp

I have already a LTMC (Long Term Maintenance Contract) what now

International Nuclear Information System (INIS)

Liste Alba, D.

2010-01-01

More and more usual, LTMCs (Long Term Maintenance Contracts) mean in the practice a real challenge for those responsible of their implementation and execution. So by the owner as by the contractor sides, great deal of patience is required, as well as common sense and professionalism to complete them successfully. In a summarized way, through this article is reviewed the LTMC experience of in a plant of combined cycle, during the early years of exploitation. (Author)

Investment with incomplete markets for risk: The need for long-term contracts

International Nuclear Information System (INIS)

Maere d’Aertrycke, Gauthier de; Ehrenmann, Andreas; Smeers, Yves

2017-01-01

Barring subsidies, investment in the power generation sector has come to an almost complete halt in the restructured European power sector. Market and regulatory failures such as the well known missing money (see )) but also normal market features such as risk, possibly also affected by market failures like market incompleteness are mentioned as common causes for the situation. This paper discusses incomplete risk trading and its impact on investment. The analysis applies computable stochastic equilibrium models on a simple market model of the Energy Only type. The paper first compares the cases of complete and fully incomplete markets (full risk trading and no risk trading). It continues by testing the impact of different risk trading contracts on both welfare and investment. We successively consider Contracts for Difference, Reliability Options with and without physical back up that we add to our Energy Only market model. We test the impact of market liquidity on the results. Finally, we compare these methods to a Forward Capacity Market that we also add to the energy only model. We complete the paper by interpretation of these results in terms of hurdle rate implied by these risk-trading situations. - Highlights: • Electricity market designs are discussed based on simulations reflecting risk aversion. • If financial markets are liquid then forward contracts can improve welfare substantially. • If markets cannot provide liquidity, then the welfare improvement is strongly diminished. • Capacity markets can serve as an alternative to contracts.

RESIDUAL VALUE RISK IN AUTOMOTIVE OPERATING LEASE CONTRACTS

Directory of Open Access Journals (Sweden)

Ivan Tot

2017-01-01

Full Text Available The subject of the research in this paper are automotive operating lease contracts in the Croatian business practice. The provisions of the general terms and conditions for operating lease contracts of the Croatian leasing companies are being analysed, particulary those relating to the rights and obligations of the parties to the contract after the operating lease contract was terminated and the motor vehicle returned to the lessor. The existence of three contractual models of the automotive operating lease contract in the Croatian business practice is established, which vary with regard to the assignment and the distribution of the residual value risk. Those contractual models are being compared with the two most common contractual models of automotive lease contracts in the Austrian and German business practice: the lease contract with the excess mileage adjustment and the lease contract with the terminal rent adjustment. On the basis of the results of this comparison, applicability of the legal solutions, developed in the Austrian and German jurisprudence and legal literature regarding the lease contract with the excess mileage adjustment and the lease contract with the terminal rent adjustment, to the automotive operating lease contract within the framework of Croatian law, is being examinded.

Contract portfolio optimization for a gasoline supply chain

Science.gov (United States)

Wang, Shanshan

this model, we characterize a simple and easily implementable dynamic contract portfolio policy that would enable the company to dynamically rebalance its supply contract portfolio over time in anticipation of the future market conditions in each individual channel while satisfying the contractual obligations. The optimal policy is a state-dependent base-share contract portfolio policy characterized by a branded base-share level and an unbranded contract commitment combination, given as a function of the initial information state. Using real-world market data, we estimate the model parameters. We also apply an efficient modified policy iteration method to compute the optimal contract portfolio strategies and corresponding profit value. We present computational results in order to obtain insights into the structure of optimal policies, capture the value of the dynamic contract portfolio policy by comparing it with static policies, and illustrate the sensitivity of the optimal contract portfolio and corresponding profit value in terms of the different parameters. Considering the geographic dispersion of different market areas and the pipeline network together with the dynamic contract portfolio optimization problem, we formulate a forward-looking operational model, which could be used by gasoline suppliers for lower-level planning. Finally, we discuss the generalization of the framework to other problems and applications, as well as further research.

Contraction of broken symmetries via Kac-Moody formalism

International Nuclear Information System (INIS)

Daboul, Jamil

2006-01-01

I investigate contractions via Kac-Moody formalism. In particular, I show how the symmetry algebra of the standard two-dimensional Kepler system, which was identified by Daboul and Slodowy as an infinite-dimensional Kac-Moody loop algebra, and was denoted by H 2 , gets reduced by the symmetry breaking term, defined by the Hamiltonian H(β)=(1/2m)(p 1 2 +p 2 2 )-α/r-βr -1/2 cos((φ-γ)/2). For this H(β) I define two symmetry loop algebras L i (β), i=1,2, by choosing the 'basic generators' differently. These L i (β) can be mapped isomorphically onto subalgebras of H 2 , of codimension two or three, revealing the reduction of symmetry. Both factor algebras L i (β)/I i (E,β), relative to the corresponding energy-dependent ideals I i (E,β), are isomorphic to so(3) and so(2,1) for E 0, respectively, just as for the pure Kepler case. However, they yield two different nonstandard contractions as E→0, namely to the Heisenberg-Weyl algebra h 3 =w 1 or to an Abelian Lie algebra, instead of the Euclidean algebra e(2) for the pure Kepler case. The above-noted example suggests a general procedure for defining generalized contractions, and also illustrates the 'deformation contraction hysteresis', where contraction which involves two contraction parameters can yield different contracted algebras, if the limits are carried out in different order

Fixed point results for contractions involving generalized altering distances in ordered metric spaces

Directory of Open Access Journals (Sweden)

Samet Bessem

2011-01-01

Full Text Available Abstract In this article, we establish coincidence point and common fixed point theorems for mappings satisfying a contractive inequality which involves two generalized altering distance functions in ordered complete metric spaces. As application, we study the existence of a common solution to a system of integral equations. 2000 Mathematics subject classification. Primary 47H10, Secondary 54H25

Electrical contracting

CERN Document Server

Neidle, Michael

2013-01-01

Electrical Contracting, Second Edition is a nine-chapter text guide for the greater efficiency in planning and completing installations for the design, installation and control of electrical contracts. This book starts with a general overview of the efficient cabling and techniques that must be employed for safe wiring design, as well as the cost estimation of the complete electrical contract. The subsequent chapters are devoted to other electrical contracting requirements, including electronic motor control, lighting, and electricity tariffs. A chapter focuses on the IEE Wiring Regulations an

A New Look at the Old Problem of a Reasonable Expectation: The Reasonableness of Repeated Renewals of Fixed Term Contracts as Opposed to Indefinite Employment

Directory of Open Access Journals (Sweden)

E Gericke

2011-04-01

Full Text Available In South Africa, the Labour Relations Act 66 of 1995 (LRA regulates and protects the position of the employee who reasonably expects that a fixed-term contract will be renewed on the same or similar terms while the employer only offered to renew the contract on less favourable terms or in some instances was not prepared torenew the fixed-term contract at all. The LRA regards the latter conduct as a dismissal, as long as the employee can prove that the employer was responsible for creating the reasonable expectation of contractual renewal. In contrast to this position, the LRA does not regulate or protect the position of the employee whose fixed-term contract was repeatedly renewed on the same, similar or even improved terms, while the employer was in a position to offer the employee indefinite employment. The employer may even have created a reasonable expectation that repeated renewals would result in permanent employment. The exploitation and abuse of the fixed-term contract to the extent that an employee is deprived of employment security and the benefits linked to an employment relationship of indefinite duration have prompted a comparative investigation into this particular field of law.

Evaluarea eficienţei economice a comercializării masei lemnoase prin contracte pe termen lung, cu o aplicaţie la fag [ Evaluation of economic efficiency of marketing timber by long-term contracts, with an application to beech

Directory of Open Access Journals (Sweden)

Nichiforel Liviu

2015-08-01

Full Text Available In Romania long term contracts for the selling of timber from public forests have been implemented in 2002 for a period of 10 years as a support for investments in wood processing companies. Currently there is a public debate about their efficiency considering their impact on the concentration of timber demand in the hands of the companies which have accessed such contracts. In this context the paper analysis the economic efficiency of the implementation of long term contracts in the Forest Department Suceava considering the transactions of a processing company specialized on beech timber. Methodologically the paper uses two sets of data: 167 stands sold based on long-term contracts in the period 2009-2013 and 1725 stands sold in public actions from 2009 to 2011. The second set of data has been used for a regression analysis as to identify the relation between the stumpage prices obtain in public auctions and the stand characteristics seen as explanatory variables. The resulted regression model was employed to predict the stumpage value for those stands sold via long-term contracts in the scenario they have been sold by public auction. The results show that for the analysed period the prices obtained from long-term contracts have been 32% higher compared with the prices from public auction. Nevertheless the results are interpreted in the particular context provided by the limited competition on the beech market and the decrease of the timber prices brought by the 2009 financial crises. The findings have policy implications for the future development and use of long-term contracts.

Definitions of Health Terms: General Health

Science.gov (United States)

... needs to stay healthy. You can start by learning these general health terms. Find more definitions on Fitness | General Health | Minerals | Nutrition | Vitamins Basal Body Temperature Basal body temperature is your temperature at rest ...

Freedom of contract, mandatory and non-mandatory law in European contract law

OpenAIRE

Storme, M.

2008-01-01

Abstract: The purpose of this article is to reflect on the position and function of common European rules in respect of limitations to freedom of contract, and more specifically on the role of mandatory and non-mandatory rules in general. After dealing with this more generally in the first part, the article addresses in its second part the different techniques restricting freedom of contract that we find in the Principles of European Contract Law,(1) the acquis communautaire of the law of the...

Green Power Partnership Long-term Contracts

Science.gov (United States)

The U.S. EPA's Green Power Partnership is a voluntary program designed to reduce the environmental impact of electricity generation by promoting renewable energy. This page lists Partners that signed a contract to purchase green power for 5 years or more.

Contract and Game Theory: Basic Concepts for Settings with Finite Horizons

OpenAIRE

Joel Watson

2013-01-01

This paper examines a general model of contract in multi-period settings with both external and self-enforcement. In the model, players alternately engage in contract negotiation and take individual actions. A notion of contractual equilibrium, which combines a bargaining solution and individual incentive constraints, is proposed and analyzed. The modeling framework helps identify the relation between the manner in which players negotiate and the outcome of the long-term contractual relations...

42 CFR 137.410 - For the purposes of section 110 of the Act [25 U.S.C. 450m-1] does the term contract include...

Science.gov (United States)

2010-10-01

....C. 450m-1] does the term contract include compacts, funding agreements, and construction project... the term contract include compacts, funding agreements, and construction project agreements entered into under Title V? Yes, for the purposes of section 110 of the Act [25 U.S.C. 450m-1] the term...

48 CFR 732.111 - Contract clauses.

Science.gov (United States)

2010-10-01

... 48 Federal Acquisition Regulations System 5 2010-10-01 2010-10-01 false Contract clauses. 732.111... CONTRACTING REQUIREMENTS CONTRACT FINANCING General 732.111 Contract clauses. (a) [Reserved] (b) USAID may... Agency-specific indefinite quantity contracts that are a combination of contract types. Rather than using...

Whither British general practice after the 2004 GMS contract? Stories and realities of change in four UK general practices.

Science.gov (United States)

Huby, Guro; Guthrie, Bruce; Grant, Suzanne; Watkins, Francis; Checkland, Kath; McDonald, Ruth; Davies, Huw

2008-01-01

The purpose of this article is to provide answers to two questions: what has been the impact of nGMS on practice organisation and teamwork; and how do general practice staff perceive the impact? The article is based on comparative in-depth case studies of four UK practices. There was a discrepancy between changes observed and the way practice staff described the impact of the contract. Similar patterns of organisational change were apparent in all practices. Decision-making became concentrated in fewer hands. Formally or informally constituted "elite" multidisciplinary groups monitored and controlled colleagues' behaviour for maximum performance and remuneration. This convergence of organisational form was not reflected in the dominant "story" each practice constructed about its unique ethos and style. The "stories" also failed to detect negative consequences to the practice flowing from its adaptation to the contract. The paper highlights how collective "sensemaking" in practices may fail to detect and address key organisational consequences from the nGMS.

Analysis of General Accounting Office, Armed Services Board of Contract Appeals and Federal Court of Claims Decisions on Protests Disputes Involving Performance Specifications

National Research Council Canada - National Science Library

Murphy-Sweet, Philip

2002-01-01

... involving Performance Specifications. Performance Specifications generally leave the contractor open to decide the best means to accomplish the work of a contract and deliver the product called for in the contract...

Using Comics to Communicate Legal Contract Cancellation

Directory of Open Access Journals (Sweden)

Marietjie Botes

2017-10-01

Full Text Available This article investigates how comics can be used to adequately communicate the correct process of contract cancellation and whether comics can enhance understanding of the legal process. A survey of pre-owned vehicle buyers of various levels of education in Pretoria, South Africa found that when comics are used to communicate contract cancellation, a significant increase in the comprehension of the legal cancellation process occurs. The results may influence how contracting parties may choose to communicate complex legal issues in future, specifically to consumers with little formal education or when parties are confronted with severe language barriers, which is highly relevant in a country such as South Africa with eleven official languages and generally low levels of education. The article argues that representatives tasked with explaining contractual content to contracting parties should consider making use of comics to aid them in their communication process to ensure proper understanding and execution of terms and conditions, which in turn may lead to fewer disputes and avoid expensive litigation.

A General Mathematical Algorithm for Predicting the Course of Unfused Tetanic Contractions of Motor Units in Rat Muscle.

Directory of Open Access Journals (Sweden)

Rositsa Raikova

Full Text Available An unfused tetanus of a motor unit (MU evoked by a train of pulses at variable interpulse intervals is the sum of non-equal twitch-like responses to these stimuli. A tool for a precise prediction of these successive contractions for MUs of different physiological types with different contractile properties is crucial for modeling the whole muscle behavior during various types of activity. The aim of this paper is to develop such a general mathematical algorithm for the MUs of the medial gastrocnemius muscle of rats. For this purpose, tetanic curves recorded for 30 MUs (10 slow, 10 fast fatigue-resistant and 10 fast fatigable were mathematically decomposed into twitch-like contractions. Each contraction was modeled by the previously proposed 6-parameter analytical function, and the analysis of these six parameters allowed us to develop a prediction algorithm based on the following input data: parameters of the initial twitch, the maximum force of a MU and the series of pulses. Linear relationship was found between the normalized amplitudes of the successive contractions and the remainder between the actual force levels at which the contraction started and the maximum tetanic force. The normalization was made according to the amplitude of the first decomposed twitch. However, the respective approximation lines had different specific angles with respect to the ordinate. These angles had different and non-overlapping ranges for slow and fast MUs. A sensitivity analysis concerning this slope was performed and the dependence between the angles and the maximal fused tetanic force normalized to the amplitude of the first contraction was approximated by a power function. The normalized MU contraction and half-relaxation times were approximated by linear functions depending on the normalized actual force levels at which each contraction starts. The normalization was made according to the contraction time of the first contraction. The actual force levels

Periodic review in natural resource contracts | Mandelbaum ...

African Journals Online (AJOL)

Periodic contract review mechanisms, which are provisions in contracts that formally require parties to meet at particular intervals to review the terms of the contract, are mechanisms that may facilitate the process of negotiating contractual changes to accommodate changing circumstances over the term of extractive ...

Contract on using computer resources of another

Directory of Open Access Journals (Sweden)

Cvetković Mihajlo

2016-01-01

Full Text Available Contractual relations involving the use of another's property are quite common. Yet, the use of computer resources of others over the Internet and legal transactions arising thereof certainly diverge from the traditional framework embodied in the special part of contract law dealing with this issue. Modern performance concepts (such as: infrastructure, software or platform as high-tech services are highly unlikely to be described by the terminology derived from Roman law. The overwhelming novelty of high-tech services obscures the disadvantageous position of contracting parties. In most cases, service providers are global multinational companies which tend to secure their own unjustified privileges and gain by providing lengthy and intricate contracts, often comprising a number of legal documents. General terms and conditions in these service provision contracts are further complicated by the '.service level agreement', rules of conduct and (nonconfidentiality guarantees. Without giving the issue a second thought, users easily accept the pre-fabricated offer without reservations, unaware that such a pseudo-gratuitous contract actually conceals a highly lucrative and mutually binding agreement. The author examines the extent to which the legal provisions governing sale of goods and services, lease, loan and commodatum may apply to 'cloud computing' contracts, and analyses the scope and advantages of contractual consumer protection, as a relatively new area in contract law. The termination of a service contract between the provider and the user features specific post-contractual obligations which are inherent to an online environment.

Practical guide on contract of technology

International Nuclear Information System (INIS)

Choi, Chiho

1991-12-01

This book gives descriptions of practical guide on contract of technology, which deals with basic of contract like meaning, function term, singing and sealing, contract and stamp tax, common things on contract of research like keeping secret and prevention and treat of dispute, compensation for damages, notice, expiration date of contract and measurement at end of contract, contract of joint research such as meaning and necessity, note at contract, check list at contract, and return of the research product.

Contracting for nuclear fuels

International Nuclear Information System (INIS)

Schuessler, C.M.

1981-10-01

This paper deals with uranium sales contracts, i.e. with contractual arrangements in the first steps of the fuel cycle, which cover uranium production and conversion. The various types of contract are described and, where appropriate, their underlying business philosophy and their main terms and conditions. Finally, the specific common features of such contracts are reviewed. (NEA) [fr

Analysis of international oil and gas contracts

International Nuclear Information System (INIS)

Moran, S.

1992-01-01

The purposes of this paper are to describe the main types of international petroleum contracts, to give the reader methods for comparing contract qualities and analyzing the profitability of petroleum field models under basic contract terms, to describe methods for assessing tradeoffs between various terms of a contract, to describe briefly U.S. Taxation of international petroleum extraction income, and to discuss certain special considerations that apply to the international arena

The misrepresentation as a reason of rescission of contract

Directory of Open Access Journals (Sweden)

Popov Danica

2013-01-01

Full Text Available Sometimes a person may enter into a contract as a result of a statement made to him which is false. If the statement is a term of the contract he will have a remedy for breach of contract. If the statement is not a term of the contract it is called a mere misrepresentation, and the consequence is rescission of contract. A misrepresentation is an untrue statement of fact which is one of the causes which induces the contract. A misrepresentation is statement, or conduct, which conveys a false or wrong impression. A contract may be rescined on the ground of misrepresentation even if innocent. An innocent misrepresentation is one made with reasonable ground for believing it to be true, as where an honest mistake is made. The types of misrepresentation are various. Acording to the Obligation Act it is not any misrepresentation cause the rescind of contract, but only the importance one. The importance misrepresentations are: the error in supstantia and error in personae if the contract is made bearing in mind intuit personae contract. This paper explanes different kinds of misrepresentation giving some proposal for legal interpretation of the provisions of the Obligation Act. The misrepresentation means an untrue statement of facts, made by one party to the other in the course of negotiating a contract, that induces the other party to enter into the contract. The person making the misrepresentation is called the representor, and the person whom it is made is the representee. A false of fraudulent misrepresentation is one made with knowledge of its falsehood, and intended to deceive. In the case of fraudulent misrepresentation representor did not honestly believe in the truth of his statement, which is not the same as saying that he knew it to be false. A negligent misrepresentation is one made with no reasonable grounds for believing in to be true. An innocent misrepresentation is one made with reasonable grounds for believing in to the true, as where

48 CFR 570.105-1 - Contracting by negotiation.

Science.gov (United States)

2010-10-01

... 48 Federal Acquisition Regulations System 4 2010-10-01 2010-10-01 false Contracting by negotiation. 570.105-1 Section 570.105-1 Federal Acquisition Regulations System GENERAL SERVICES ADMINISTRATION SPECIAL CONTRACTING PROGRAMS ACQUIRING LEASEHOLD INTERESTS IN REAL PROPERTY General 570.105-1 Contracting by negotiation. Contracting by negotiation...

Pressure drop in contraction flow

DEFF Research Database (Denmark)

Rasmussen, Henrik Koblitz

This note is a supplement to Dynamic of Polymeric Liquids (DPL) page 178. DPL gives an equation for the pressure drop in a tapered (and circular) contraction, valid only at low angles. Here the general definition of contraction flow (the Bagley correction) and a more general method to find...

Contract Farming: Conceptual Framework and Indian Panorama

Directory of Open Access Journals (Sweden)

Amit Kumar Chakrabarty

2015-01-01

Full Text Available This paper deals with conceptual framework of contract farming and portrays Indian scenario especially after announcement of National Agricultural Policy (2000 which encouraged private participation through contract farming. The conception of contract farming is not new in India, but it gets momentum in the era of agricultural globalization, as an alternative method of farming. The study reveals that while contract farming can be effective in introducing new technologies and providing external inputs to farmers, danger lies in firms extending technologies that bring financial benefits in the short-term but result in negative long-term health and environmental impacts. Contract farming is not appropriate for all types of crops. To have a significant poverty impact, crops produced under contract farming should be labour-intensive rather than input-intensive and should be appropriate for production on small plots of land. Since the contracting company is financially stronger than individual farmers, the terms of the contract may go against the farmers. Herein the government will have to come forward.

Transaction of long-term power purchasing contract by independent power providers in wholesale and retail competitive system

Energy Technology Data Exchange (ETDEWEB)

Lee, Seung Hoon [Korea Energy Economics Institute, Euiwang (Korea)

1998-12-01

In general, the restructuring starts with separation and division of power sector from the existing monopolist as the cases of Thailand and Malaysia. When the power provider is separated and divided, it becomes an independent power provider. The existing regional electricity provider carries out the supplying function to end-users buying electricity from several separated and divided providers. Therefore, the existing regional electricity providers give up the power generation business but become a demand monopolist in wholesale market. The competition system capable of applying during the separation period is the Generation Pool. With the Generation Pool, it is able to promote competition of power generation sector effectively and there is no need to have an extra step such as long-term power purchasing contract. In fact, Latin America and Chile have been managed the power market for more than 10 years with the competition system by the Generation Pool. 9 refs.

48 CFR 39.107 - Contract clause.

Science.gov (United States)

2010-10-01

..., in solicitations and contracts for information technology which require security of information technology, and/or are for the design, development, or operation of a system of records using commercial... CONTRACTING ACQUISITION OF INFORMATION TECHNOLOGY General 39.107 Contract clause. The contracting officer...

Aspects of research and development contract terms in the bio/pharmaceutical sector.

Science.gov (United States)

Banerjee, Tannista

2012-01-01

The cost of new drug development is increasing every year. Pharmaceutical companies use R&D joint ventures, mergers, and outsource different stages of pharmaceutical R&D activities for a faster and cost minimizing method of innovation. Pharmaceutical companies outsource R&D activities to independent small biotech or pharmaceutical companies that specialize in different stages of pharmaceutical R&D. This chapter examines the determinants of the payment structure of research contracts between large bio/pharmaceutical companies and specialized research firms. Determinants of R&D contracts are analyzed using detailed R&D contract data between bio/pharmaceutical companies and independent research firms for 10 years. A multinomial logit model is used in order to understand the determinants of three different types of contracts; royalty contracts, fixed payment contracts, and the mixed contracts. Under uncertainty, the likelihood of a royalty contract rises for the early stages of the research and with the patent stock of the research firm. It is more likely to observe both royalty and fixed payment if the pharmaceutical client has past contracts with the same research firm. The results also suggest that if Food and Drug Administration (FDA) is more stringent in any disease area in reviewing the new drug application, then the likelihood of signing pure royalty contract decreases. Understanding the nature of R&D contracts and the effects of FDA's behavior on the pharmaceutical R&D contract is important because these contracts not only affect the cost of new drug invention but also the quality and the rate of invention. VALUE: Results are useful for both the pharmaceutical companies and the economic/business researchers.

48 CFR 745.106 - Contract clauses.

Science.gov (United States)

2010-10-01

... 48 Federal Acquisition Regulations System 5 2010-10-01 2010-10-01 false Contract clauses. 745.106 Section 745.106 Federal Acquisition Regulations System AGENCY FOR INTERNATIONAL DEVELOPMENT CONTRACT MANAGEMENT GOVERNMENT PROPERTY General 745.106 Contract clauses. (a) The contracting officer shall insert the...

48 CFR 833.215 - Contract clause.

Science.gov (United States)

2010-10-01

... 48 Federal Acquisition Regulations System 5 2010-10-01 2010-10-01 false Contract clause. 833.215 Section 833.215 Federal Acquisition Regulations System DEPARTMENT OF VETERANS AFFAIRS GENERAL CONTRACTING REQUIREMENTS PROTESTS, DISPUTES, AND APPEALS Disputes and Appeals 833.215 Contract clause. The contracting...

48 CFR 432.412 - Contract clause.

Science.gov (United States)

2010-10-01

... 48 Federal Acquisition Regulations System 4 2010-10-01 2010-10-01 false Contract clause. 432.412 Section 432.412 Federal Acquisition Regulations System DEPARTMENT OF AGRICULTURE GENERAL CONTRACTING REQUIREMENTS CONTRACT FINANCING Advance Payments for Non-Commercial Items 432.412 Contract clause. The decision...

48 CFR 432.113 - Customary contract financing.

Science.gov (United States)

2010-10-01

... financing. 432.113 Section 432.113 Federal Acquisition Regulations System DEPARTMENT OF AGRICULTURE GENERAL CONTRACTING REQUIREMENTS CONTRACT FINANCING Non-Commercial Item Purchase Financing 432.113 Customary contract financing. The contracting officer may determine the necessity for customary contract financing. The...

Characteristics of nuclear contracts. Pt. 1

International Nuclear Information System (INIS)

Blanchard, R.

1976-01-01

While the object of nuclear contracts is specific, these contracts are concluded according to proven techniques based on general regulations on contracts. Following a review of contract classification, they are differentiated according to the nature of the co-contracting parties, the purpose of the contract itself, the procedure for drawing up the contracts, and payment. The operations prior to the contract vary in that they may include a call for tenders, an option for delays or a letter of intent. (NEA) [fr

Effects of long-term coal supply contracts on technology adoption and improvements in the mining of coal. Final technical report

Energy Technology Data Exchange (ETDEWEB)

Walton, D.R.; Hawkins, S.A.; Webb, P.F.; Kauffman, P.W.

1979-08-01

The relationship between long-term coal supply contracts and the adoption of new technology in the coal mining industry is a complex one. From this study certain conclusions can be drawn. New technologies and improvements in the mining of coal can be logically categorized into three areas: evolutionary technology, transitional technology, or innovative technology. Evolutionary improvements in technology can be categorized as improvements, or increased production capacities, in existing equipment. Transitional technology involves the adoption of existing or proven technologies into new conditions, or, proceeding from one technology type to a newer type for the same function. Innovative technology includes equipment, concepts, and systems not readily available, or untried, in the existing mining environment (seam conditions, etc.). Technology adoption is an economic decision. This point was repeatedly emphasized by industry representatives contacted during the study. The long-term coal supply contract influences the decision to adopt new technology and mining improvements in several ways depending on the technology type (i.e., evolutionary, transitional, or innovative), and also the coal supplier type (i.e., captive or independent producer). Several examples of the adoption of new technologies in mines under long-term coal supply contracts are discussed. (LTN)

48 CFR 53.111 - Contract clause.

Science.gov (United States)

2010-10-01

... 48 Federal Acquisition Regulations System 2 2010-10-01 2010-10-01 false Contract clause. 53.111... AND FORMS FORMS General 53.111 Contract clause. Contracting officers shall insert the clause at 52.253-1, Computer Generated Forms, in solicitations and contracts that require the contractor to submit...

29 CFR 1926.15 - Relationship to the Service Contract Act; Walsh-Healey Public Contracts Act.

Science.gov (United States)

2010-07-01

... 29 Labor 8 2010-07-01 2010-07-01 false Relationship to the Service Contract Act; Walsh-Healey Public Contracts Act. 1926.15 Section 1926.15 Labor Regulations Relating to Labor (Continued... FOR CONSTRUCTION General Interpretations § 1926.15 Relationship to the Service Contract Act; Walsh...

Assignments of rights and obligations under a gas sales contract

International Nuclear Information System (INIS)

Kowch, J.R.M.

1996-01-01

A general overview of the principles of assignment in a gas sales contract was presented. Assignment is a process wherein the rights or obligations under a contract are transferred from one of the contracting parties to a third party. It is, in other words, the introduction of a new party to the original contractual relationship. Under the rights and obligations of a gas sales contract, the most important right of the seller is to have its gas taken and to be paid. Likewise, the most important obligation of the buyer is to take the gas and pay for it. An assignment by either party has the potential to alter the original expectations of the parties or the basis of which they committed to the contract in the first place. Prior to deregulation and unbundling initiatives, gas sellers and buyers could enter a 20 year sales contract and deal exclusively with each other over the entire 20 year term. Since deregulation, there are more players, and a higher level of corporate acquisitions, divestitures, rationalizations, and restructuring. Today, there are greater chances than ever before that the original party to a contract may change, or that certain rights and obligations may be assigned to a third party and affect the expectations under the contract

48 CFR 970.1706-2 - Contract clause.

Science.gov (United States)

2010-10-01

... 48 Federal Acquisition Regulations System 5 2010-10-01 2010-10-01 false Contract clause. 970.1706... SUPPLEMENTARY REGULATIONS DOE MANAGEMENT AND OPERATING CONTRACTS Special Contracting Methods 970.1706-2 Contract clause. The contracting officer shall insert the clause at 48 CFR 52.217-9, Option to Extend the Term of...

48 CFR 32.007 - Contract financing payments.

Science.gov (United States)

2010-10-01

... 48 Federal Acquisition Regulations System 1 2010-10-01 2010-10-01 false Contract financing... GENERAL CONTRACTING REQUIREMENTS CONTRACT FINANCING 32.007 Contract financing payments. (a)(1) Unless... section, the due date for making contract financing payments by the designated payment office is the 30th...

A global perspective on foreign contract labor.

Science.gov (United States)

Smart, J E; Casco, R R

1988-01-01

This paper provides a general overview on foreign contract labor. The growth in the use of foreign contract labor is described with reference to other types of international labor movements such as 1) illegal, undocumented, or irregular migration; 2) free migration; and 3) permanent settlement migration. Within this general context, the various national advantages and disadvantages of contract labor are outlined. Particular issues like the role of trade unions and the likely future international labor circulation are noted. The 1984 World Labour Report estimates a global stock of almost 22 million foreign workers. Despite lack of reliable data, the size of irregular labor flows is considerable. More than 4 million undocumented workers, primarily Mexicans, can be found in the US alone. Other major flows of illegal labor go from China to Hong Kong, Malaysia to Singapore, Columbia to Venezuela, and poor Arab countries to oil-exporting countries in the Middle East. Laws are often poorly enforced and contradictory. Employers often actively recruit illegal migrants. While permanent migration was formerly the primary source of foreign workers, the numbers migrating in this manner are decreasing significantly. In absolute terms, host countries gain considerably more through the use of contract labor than sending countries. The pervasive commitment of national governments to economic growth is a prime consideration in the decision to import foreign labor. In general, trade unions have created an environment wherein the use of foreign labor in the formal as opposed to the informal labor market is more difficult. The disadvantages of labor export include the costs of family separation, worker exploitation, and cultural alienation. Remittances constitute the most tangible return of labor export. In many countries they have made a very considerable impact on the balance of payments deficit.

48 CFR 32.113 - Customary contract financing.

Science.gov (United States)

2010-10-01

... financing. 32.113 Section 32.113 Federal Acquisition Regulations System FEDERAL ACQUISITION REGULATION GENERAL CONTRACTING REQUIREMENTS CONTRACT FINANCING Non-Commercial Item Purchase Financing 32.113 Customary contract financing. The solicitation must specify the customary contract financing offerors may...

Initial Northwest Power Act Power Sales Contracts : Final Environmental Impact Statement. Volume 3, Appendix M, Contract Copies.

Energy Technology Data Exchange (ETDEWEB)

United States. Bonneville Power Administration.

1992-01-01

This report, is part of the final environmental impact statement of the Bonneville Power Administration, consists of an appendix of contract copies related to the following: Detailed Index to Generic Utility Power Sales Contracts, Text of Generic Utility Contract, Detailed Index to Generic DSI Power Sales Contracts, Text of Generic DSI Contract, Text of Residential Purchase and Sale Agreement (Residential Exchange), and Detailed Index to General Contract Provisions -- GCP Form PSC-2 (Incorporated into all three types of contracts as an Exhibit).

Contract and Game Theory: Basic Concepts for Settings with Finite Horizons

Directory of Open Access Journals (Sweden)

Joel Watson

2013-08-01

Full Text Available This paper examines a general model of contract in multi-period settings with both external and self-enforcement. In the model, players alternately engage in contract negotiation and take individual actions. A notion of contractual equilibrium, which combines a bargaining solution and individual incentive constraints, is proposed and analyzed. The modeling framework helps identify the relation between the manner in which players negotiate and the outcome of the long-term contractual relationship. In particular, the model shows the importance of accounting for the self-enforced component of contract in the negotiation process. Examples and guidance for applications are provided, along with existence results and a result on a monotone relation between “activeness of contracting” and contractual equilibrium values.

48 CFR 32.104 - Providing contract financing.

Science.gov (United States)

2010-10-01

... financing. 32.104 Section 32.104 Federal Acquisition Regulations System FEDERAL ACQUISITION REGULATION GENERAL CONTRACTING REQUIREMENTS CONTRACT FINANCING Non-Commercial Item Purchase Financing 32.104 Providing contract financing. (a) Prudent contract financing can be a useful working tool in Government...

Recent trends in gas contracting in North America

International Nuclear Information System (INIS)

Maffitt, D. W.

1999-01-01

An overview of recent business trends impacting upon natural gas contracting in North America is provided. Among the trends examined are supply and demand, natural gas prices, access to the U.S. market, gas sales contracts, electronic gas sales, retail level marketing, the growing popularity of 'one-stop shopping', and standardization of contracts. Overall, supplies appear to be adequate for now, demand is growing, prices are volatile, short-term contracts are more popular than long-term ones, electronic commerce combined with one-stop shopping marketing at the retail level is growing, and standardization of spot and short-term gas sales contracts is slowly being accepted by industry as a means to to improve the efficiency of the market. 12 refs

Many general language dictionaries contain specialized terms

African Journals Online (AJOL)

user

Lexikos 25 (AFRILEX-reeks/series 25: 2015): 246-261 ... attention to the link between dictionary functions, corpora and the data presented in dictionaries, ... technical words) in general language dictionaries is sparse and concerns terms .... civil procedure terms to focus on and in which dictionaries to look, I will go on.

Utility Energy Services Contracts Guide

Energy Technology Data Exchange (ETDEWEB)

None

2013-09-01

The UESC Guide is a compilation of samples and templates developed as a resource to help contracting officers implement task orders for UESCs under existing U.S. General Services Administration areawide contracts.

32 CFR 21.625 - Contract.

Science.gov (United States)

2010-07-01

... 32 National Defense 1 2010-07-01 2010-07-01 false Contract. 21.625 Section 21.625 National Defense Department of Defense OFFICE OF THE SECRETARY OF DEFENSE DoD GRANT AND AGREEMENT REGULATIONS DoD GRANTS AND AGREEMENTS-GENERAL MATTERS Definitions § 21.625 Contract. See the definition for procurement contract in this...

A new iteration process for generalized lipschitz pseudo-contractive and generalized lipschitz accretive mappings

International Nuclear Information System (INIS)

Chidume, C.E.; Ofoedu, E.U.

2007-07-01

Let K be a nonempty closed convex subset of a real Banach space E. Let T : K → K be a generalized Lipschitz pseudo-contractive mapping such that F(T) := { x element of K : Tx = x} ≠ 0. Let { α n } n ≥ 1 , { λ n } n ≥ 1 and { θ n } n ≥ 1 be real sequences in (0, 1) such that α n = o( θ n ), lim n →∞ λ n = 0 and λ n ( α n + θ n ) 1 element of K, let the sequence { x n } n ≥ 1 be iteratively generated by x n+1 = (1 - λ n α n )x n + λ n α n Tx n - λ n θ n (x n - x 1 ), n ≥ 1. Then, { x n } n ≥ 1 is bounded. Moreover, if E is a reflexive Banach space with uniformly Gateaux differentiable norm and if Σ n=1 ∞ λ n θ n = ∞ is additionally assumed, then, under mild conditions, left brace# x n } n ≥ 1 converges strongly to some x* element of F(T). (author)

48 CFR 4.101 - Contracting officer's signature.

Science.gov (United States)

2010-10-01

... 48 Federal Acquisition Regulations System 1 2010-10-01 2010-10-01 false Contracting officer's signature. 4.101 Section 4.101 Federal Acquisition Regulations System FEDERAL ACQUISITION REGULATION GENERAL ADMINISTRATIVE MATTERS Contract Execution 4.101 Contracting officer's signature. Only contracting officers shall...

Franchisees` level of satisfaction with the franchise contract

OpenAIRE

Gerhard, J. van Wyk; Johan W. de Jager

2010-01-01

Franchisees` often complain that franchisors do not meet their needs, and are generally viewed as being unhappy with their franchise agreements. The aim of the paper is to investigate the level of satisfaction of franchisees with regard to the elements of individual franchise concepts, managed by the franchise agreement. Including details of the standard franchise agreement: terms of the contract, rights and obligations, training programs, operational support provided by the franchisor, produ...

Contract law: relationship between dermatologists and third-party payers.

Science.gov (United States)

Askanas, A V

1993-04-01

The relationship between third-party payers and dermatologists is generally governed by a written contract. That relationship can be more beneficial to the dermatologist, and chances of liability may be decreased, both for breach of contract and for malpractice, if the dermatologist pays close attention to the language in the contract. All contracts are generally negotiable; detrimental language in the contract often may be removed or changed. This article presents information to help prepare dermatologists to review and negotiate contracts.

48 CFR 632.114 - Unusual contract financing.

Science.gov (United States)

2010-10-01

... 48 Federal Acquisition Regulations System 4 2010-10-01 2010-10-01 false Unusual contract financing. 632.114 Section 632.114 Federal Acquisition Regulations System DEPARTMENT OF STATE GENERAL CONTRACTING REQUIREMENTS CONTRACT FINANCING Non-Commercial Item Purchase Financing 632.114 Unusual contract financing. The...

48 CFR 2432.114 - Unusual contract financing.

Science.gov (United States)

2010-10-01

... 48 Federal Acquisition Regulations System 6 2010-10-01 2010-10-01 true Unusual contract financing... DEVELOPMENT GENERAL CONTRACTING REQUIREMENTS CONTRACT FINANCING Non-Commercial Item Purchase Financing 2432.114 Unusual contract financing. The Senior Procurement Executive is the agency head for the purpose of...

78 FR 41331 - Federal Acquisition Regulation; Publicizing Contract Actions; Contracting by Negotiation

Science.gov (United States)

2013-07-10

... DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 48 CFR Parts 5 and 15 Federal Acquisition Regulation; Publicizing Contract Actions; Contracting by Negotiation CFR Correction In Title 48 of the Code of Federal Regulations, Chapter 1 (Parts 1 to 51), revised as of October 1, 2012, on page 115, in...

48 CFR 2432.908 - Contract clauses.

Science.gov (United States)

2010-10-01

... Section 2432.908 Federal Acquisition Regulations System DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT GENERAL CONTRACTING REQUIREMENTS CONTRACT FINANCING Prompt Payment 2432.908 Contract clauses. (c)(1) The... other than the submission of an invoice or voucher, e.g., directly from proceeds of property sales. [71...

48 CFR 32.005 - Consideration for contract financing.

Science.gov (United States)

2010-10-01

... financing. 32.005 Section 32.005 Federal Acquisition Regulations System FEDERAL ACQUISITION REGULATION GENERAL CONTRACTING REQUIREMENTS CONTRACT FINANCING 32.005 Consideration for contract financing. (a) Requirement. When a contract financing clause is included at the inception of a contract, there shall be no...

Moral hazard contracts: Does one size fit all?

DEFF Research Database (Denmark)

Koch, Alexander; Peyrache, Eloic

2008-01-01

We show that firms' practice of anonymous contracts ("one-size-fits-all") can be reconciled with standard agency theory if careers are marked by frequent transitions between employers, and agents have career concerns because complete long-term contracts are not feasible.......We show that firms' practice of anonymous contracts ("one-size-fits-all") can be reconciled with standard agency theory if careers are marked by frequent transitions between employers, and agents have career concerns because complete long-term contracts are not feasible....

48 CFR 1532.102 - Description of contract financing methods.

Science.gov (United States)

2010-10-01

... financing methods. 1532.102 Section 1532.102 Federal Acquisition Regulations System ENVIRONMENTAL PROTECTION AGENCY GENERAL CONTRACTING REQUIREMENTS CONTRACT FINANCING General 1532.102 Description of contract financing methods. Progress payments based on a percentage or stage of completion are authorized for use as...

77 FR 38078 - Notice of Extension of Concession Contract

Science.gov (United States)

2012-06-26

... Extension of Concession Contract AGENCY: National Park Service, Interior. ACTION: Notice. SUMMARY: Pursuant to the terms of the listed concession contract, the National Park Service hereby gives public notice... INFORMATION: The contract listed below will expire by its terms on October 31, 2013. Pursuant to 36 CFR 51.23...

32 CFR 37.1330 - Procurement contract.

Science.gov (United States)

2010-07-01

... REGULATIONS TECHNOLOGY INVESTMENT AGREEMENTS Definitions of Terms Used in This Part § 37.1330 Procurement contract. A Federal Government procurement contract. It is a legal instrument which, consistent with 31 U.S... 32 National Defense 1 2010-07-01 2010-07-01 false Procurement contract. 37.1330 Section 37.1330...

29 CFR 4.110 - What contracts are covered.

Science.gov (United States)

2010-07-01

...'Hara Service Contract Act Covered Contracts Generally § 4.110 What contracts are covered. The Act... mean that the contract is not within the coverage of the Act. The amount of the contract is not determinative of the Act's coverage, although the requirements are different for contracts in excess of $2,500...

Determining a functional responsibility allocation between public and private parties in a long-term maintenance contract for waterworks

NARCIS (Netherlands)

Brommet, O.D.; Schoenmaker, R.; Hertogh, M.J.C.M.; Kleijn van Willigen, G.R.; Chen, Y.; Bakker, Jaap; Frangopol, Dan M.; van Breugel, Klaas

2017-01-01

A proper allocation of risks and responsibilities is vital for the success of long-term maintenance contracts. This paper focuses on a method to identify an adequate allocation of responsibilities for the maintenance of waterworks. The Dutch agency recently started outsourcing the maintenance of

How many years should I be married: Long-term power contracts in the electric utility industry in Texas

Science.gov (United States)

Levy Ferre, Alberto

1998-12-01

This dissertation deals with the effects of long-term power contracts in the electric utility in Texas on consumer welfare, investigating economic and legal aspects of price formation. The study focuses on the institutions---vertical integration and contractual arrangements---that govern the transactions between the different links in the electricity provision chain and its effects on retail electricity prices for residential, commercial and industrial customers. The main hypothesis is that long-term power contracts serve as an uncertainty reduction mechanism to the buyer by clearly defining the conditions of the exchange for a significant period of time. In turn, this reduction of uncertainty is compensated by a premium to the seller in the form of higher prices. It is found that long-term wholesale power contracts present varying levels of flexibility in the terms of the exchange that are directly translated into prices and bills, providing support to the main hypothesis. Control variables include the role of new technologies, degree of competition and population demographics. Each control variable has differing impacts of different customer classes, depending on their demand elasticity. The study poses several interesting policy implications. First, the institutions that will govern and supervise the functioning of the market have an important weight in its success. The results indicate that competition cannot be a policy objective in itself There is a balancing act between the additional needs of a functional market in terms of infrastructure, information and coordination, and the inefficiencies that occur for lack of consumer options. Second, all customers are not equal. Some customer classes have fewer alternatives than others do, their consumption patterns differ and their dependence on electricity varies. Therefore, a policy that treats all customer classes the same will produce an inferior outcome. Third, the relevant environment matters. Legislative

Construction contracting for the 1990s

International Nuclear Information System (INIS)

Kane, C.; Lyon, V.F.

1991-01-01

This paper reports that power plant constructing during the 1980s is over. Demand growth projections presently anticipate a need for 100,000 MW of new capacity by the year 2000, with only a small percentage of the demand growth currently under construction. Given a six-year lead time for baseload plants, a surge of activity must now begin. Another development over the past five years has been a conscious decision by regulators in increase rates only for the costs of efficiently built plants. The cost of construction inefficiencies will no longer be shouldered by investors. Large construction claims, excessive cost overruns, and expensive delays will no longer be passed on to the consumer automatically. Utility commissions will require the inefficient builders to either clean up their act or forego building their own plants. The most traditional contracting scheme, general contracting, will probably be the lease desirable in the construction of new power plants. General contracting is a single, general construction contract based on a detailed design. The design is not performed by the general contractor

48 CFR 32.601 - General.

Science.gov (United States)

2010-10-01

... costs related to defaults in performance. (10) Breach of contract obligations concerning progress....601 Federal Acquisition Regulations System FEDERAL ACQUISITION REGULATION GENERAL CONTRACTING REQUIREMENTS CONTRACT FINANCING Contract Debts 32.601 General. (a) Contract debts are amounts that— (1) Have...

Comparative analysis of JKR Sarawak form of contract and Malaysia Standard form of building contract (PWD203A)

Science.gov (United States)

Yunus, A. I. A.; Muhammad, W. M. N. W.; Saaid, M. N. F.

2018-04-01

Standard form of contract is normally being used in Malaysia construction industry in establishing legal relation between contracting parties. Generally, most of Malaysia federal government construction project used PWD203A which is a standard form of contract to be used where Bills of Quantities Form Part of the Contract and it is issued by Public Works Department (PWD/JKR). On the other hand in Sarawak, the largest state in Malaysia, the state government has issued their own standard form of contract namely JKR Sarawak Form of Contract 2006. Even both forms have been used widely in construction industry; there is still lack of understanding on both forms. The aim of this paper is to identify significant provision on both forms of contract. Document analysis has been adopted in conducting an in-depth review on both forms. It is found that, both forms of contracts have differences and similarities on several provisions specifically matters to definitions and general; execution of the works; payments, completion and final account; and delay, dispute resolution and determination.

International contracts within the business of MSMEs

Directory of Open Access Journals (Sweden)

Martha Cecilia López Fonseca

2012-07-01

Full Text Available The purpose is to explain, in general terms, some of the possibilities for micro, small and medium enterprises (MSMEs to internationalize, taking into consideration, among other aspects, the elaboration of the contract, preferably written. The meaning of international trade comes from the mercantilist, classical and neoclassical currents and from contemporary postulates, such as the theory of competitive advantage, which demonstrate the importance of the exchange of goods and services for economies. International trade relations of any company are based on requirements of importing or exporting raw materials, machinery, final and intermediate goods or services procurement. However, in practice, relations can cover a wider spectrum than the abovementioned operations. This essay mentions some elements that should be considered by the parties when making the negotiation and which will be reflected in the body of the contract.

Termination of Commercial Contracts by giving Notice

DEFF Research Database (Denmark)

Edlund, Hans Henrik

2008-01-01

Some long-term contracts are brought to an end if one of the parties gives notice. Usually, such a step is not considered a breach of contract. It causes the contract to end in accordance with the contract. When no express rules cover the situation, it is often not entirely clear whether or not t...

42 CFR 423.871 - Contract terms and conditions.

Science.gov (United States)

2010-10-01

... administrative costs and return on investment and are tied to the performance measures established by CMS for the... part, an eligible fallback entity with a contract under this part may not engage in any marketing or...

A study of the contract terms offered by the regional electricity companies to generators of renewable energy outside the NFFO

International Nuclear Information System (INIS)

Williams, N.C.; Limbrick, A.J.

1996-01-01

The aim of this study was to review the terms and conditions of contract for the purchase of renewable energy currently offered by the Regional Electricity Companies (RECs) outside the Non-Fossil Fuel Obligation (NFFO), through consultation with electricity generators. It focused on projects contracted under the first and second tranches of the NFFO, and those which have been developed outside this support mechanism (both renewable and fossil-fuelled), but which are characterised by being ''embedded'' in the RECs' distribution networks. (UK)

The essential importance of long-term procurement contracts to new NPPs in competitive markets

International Nuclear Information System (INIS)

Ray, Harold B.

2002-01-01

Full text: This presentation will discuss the essential change that has occurred from the past, when nuclear power plant construction and ownership could be financed on the basis of compensatory rates paid by captive consumers, to the present and future when financing will depend on market-based revenues. The speaker will refer to experience with electric industry restructuring in the United States, particularly in California, to illustrate the impact on financing costs and availability, and the affect on technology choices which results from this impact. The presentation will describe how long-term procurement contracts by a creditworthy, load-serving entity become essential to support the financing required by any large, new generating plant requiring large capital investment.This presentation will discuss the essential change that has occurred from the past, when nuclear power plant construction and ownership could be financed on the basis of compensatory rates paid by captive consumers, to the present and future when financing will depend on market-based revenues. The speaker will refer to experience with electric industry restructuring in the United States, particularly in California, to illustrate the impact on financing costs and availability, and the affect on technology choices which results from this impact. The presentation will describe how long-term procurement contracts by a creditworthy, load-serving entity become essential to support the financing required by any large, new generating plant requiring large capital investment. (author)

29 CFR 6.4 - Subpoenas (Service Contract Act).

Science.gov (United States)

2010-07-01

... 29 Labor 1 2010-07-01 2010-07-01 true Subpoenas (Service Contract Act). 6.4 Section 6.4 Labor... STANDARDS IN FEDERAL AND FEDERALLY ASSISTED CONSTRUCTION CONTRACTS AND FEDERAL SERVICE CONTRACTS General § 6.4 Subpoenas (Service Contract Act). All applications under the Service Contract Act for subpoenas ad...

Corrupt Relational Contracting

OpenAIRE

Johann Graf Lambsdorff; Sitki Utku Teksoz

2002-01-01

Because corruption must be hidden from the public and is not enforced by courts it entails transaction costs, which are larger than those from legal exchange. This suggests that corrupt contracts are primarily relational contracts where legal exchange serves as a basis for sealing and enforcing corrupt agreements. Legal exchange not only provides for corrupt opportunities, but for the necessary enforcement mechanisms. Examples of such legal exchange are long-term business exchange, belonging ...

24 CFR 891.595 - HAP contract extension or renewal.

Science.gov (United States)

2010-04-01

... 24 Housing and Urban Development 4 2010-04-01 2010-04-01 false HAP contract extension or renewal... Handicapped-Section 8 Assistance § 891.595 HAP contract extension or renewal. Upon expiration of the term of the HAP contract, HUD and the Borrower may agree (subject to available funds) to extend the term of...

Covenant Violations and Dynamic Loan Contracting

DEFF Research Database (Denmark)

Freudenberg, Felix; Imbierowicz, Björn; Saunders, Anthony

2017-01-01

This paper examines the dynamic allocation of control rights in private debt contracts of firms. We show that a covenant violation in the prior loan contract implies a stigma for borrowers which results in stricter loan contract terms in subsequent new loan contracts. Our analyses reject...... potentially other explanations such as firm characteristics or agency problems between the lender and firm management, shareholders or public debtholders. After covenant violations in the prior contract, new loans have on average 18 bps higher spreads and include more of those covenant types which also have...

Thermophoretic diffusion and nonlinear radiative heat transfer due to a contracting cylinder in a nanofluid with generalized slip condition

Directory of Open Access Journals (Sweden)

Z. Abbas

Full Text Available An analysis is carried out to study the generalized slip condition and MHD flow of a nanofluid due to a contracting cylinder in the presence of non-linear radiative heat transfer using Buongiorno’s model. The Navier-Stokes along with energy and nanoparticle concentration equations is transformed to highly nonlinear ordinary differential equations using similarity transformations. These similar differential equations are then solved numerically by employing a shooting technique with Runge–Kutta–Fehlberg method. Dual solutions exist for a particular range of the unsteadiness parameter. The physical influence of the several important fluid parameters on the flow velocity, temperature and nanoparticle volume fraction is discussed and shown through graphs and table in detail. The present study indicates that as increase of Brownian motion parameter and slip velocity is to decrease the nanoparticle volume fraction. Keywords: Nanofluid, Contracting cylinder, Nonlinear thermal radiation, Generalized slip condition, Numerical solution

The Relationship between the Employment Contract and other Civil Contracts

OpenAIRE

Răzvan Radu Popescu

2015-01-01

The employment relationship is a contractual one and as such must have all the basic elements of an enforceable contract to make it legally binding. In strict contractual terms, the offer is made by the employer and formally accepted by the employee. Once the acceptance has taken place, there is a legally binding agreement and an action will lie against the party who breaches that agreement, even though it may only just have come into existence. An employment contract, however, is...

26 CFR 1.6050M-1 - Information returns relating to persons receiving contracts from certain Federal executive agencies.

Science.gov (United States)

2010-04-01

... any other rule of contract law, express or implied, the amount of money or other property obligated... of this section— (1) Federal executive agency. The term “Federal executive agency” means— (i) Any... Commission. (2) Contract—(i) General rule. The term “contract” means an obligation of a Federal executive...

URGENSI STUDI TENTANG PROCUREMENT CONTRACT

Directory of Open Access Journals (Sweden)

Yohanes Sogar Simamora

2006-01-01

Full Text Available Contractualization is kind of goverment activity in acquiring goods, services and infrastructure as well. Procurement contract has several important function especially in enhancing economic development in a state. In Indonesia, this kind of contract also has function in empowering micro economic scale. Since the aim of procurement study is to provide equal protection between public fund interest in one hand and privat sector in the other hand, general principle of contract law must be taken into consideration together with transparency as the most important principle in government contract.

13 CFR 130.610 - General terms.

Science.gov (United States)

2010-01-01

... 13 Business Credit and Assistance 1 2010-01-01 2010-01-01 false General terms. 130.610 Section 130.610 Business Credit and Assistance SMALL BUSINESS ADMINISTRATION SMALL BUSINESS DEVELOPMENT CENTERS... responsibilities of the recipient organization and SBA, the scope of the project to be funded, and the budget of...

Contracting as a Science

Science.gov (United States)

2012-04-30

disconfirmation of expectations theory to examine customer satisfaction in the procuring contracting officer (PCO)–program manager (PM) relationship in...marketing terms, finding that disconfirmed expectations lead to consumer satisfaction or dissatisfaction. The former approach presents the idea that if an...individual exerts effort, the expectation is that successful performance will occur leading to a desired result. In contracting, the theory might be

Basic Conditions of Validity of Electronic Contracts in Iran and UNCITRAL Model Law

Directory of Open Access Journals (Sweden)

Abbas Karimi

2017-02-01

Full Text Available Diverse activities such as electronic exchange of goods and services, instant digital content delivery, electronic funds transfer, electronic stock exchange, electronic bill of lading, commercial projects, common engineering and design, sourcing, government purchase, direct marketing and post-sales services included in e-commerce field.  Due to the increasing spread of the electronic world in all aspects, electronic contracts, in turn, was of great importance and made significant contributions in business contracts. The present study aims to investigate the concept, fundamentals and history of electronic contracts referring to UNCITRAL Model Law on Electronic Commerce and Electronic Commerce Act (1996. The results indicate that in terms of the conclusion and obligations of the parties, contract in cyberspace in general is similar to the contract in the real world and in this respect, there is no major difference between these two contexts. Potential electronic contracts considered as written ones and Electronic signatures recognized as valid as the basis of the validity of the will in electronic trading.

Natural gas contracts in an emerging competitive market

International Nuclear Information System (INIS)

Sutherland, R.J.

1992-01-01

Natural gas is being viewed by many as the fuel of the 1990s and beyond because of its environmental qualities, relatively low cost and significant domestic resource base. However, in the Fall of 1991, a group of electric utility executives met with then Deputy Secretary of Energy Henson Moore and asserted that an inability to obtain long term gas contracts meant that supplies are unreliable and construction of gas-fueled generating stations is being discouraged. This study was requested by the Deputy Secretary to address the issues surrounding long-term gas contracts and supply reliability. The relationship between supply reliability and contracts is explained in terms of the number of buyers and sellers in a market. With the appropriate state regulatory policies, utilities can contract for gas and obtain reliable supplies at competitive market prices. Public utility commissioners are encouraged to permit utilities a free choice in signing gas contracts, but to allow only competitive market prices to be reflected in allowable fuel costs

Natural gas contracts in an emerging competitive market

Energy Technology Data Exchange (ETDEWEB)

Sutherland, R.J.

1992-11-01

Natural gas is being viewed by many as the fuel of the 1990s and beyond because of its environmental qualities, relatively low cost and significant domestic resource base. However, in the Fall of 1991, a group of electric utility executives met with then Deputy Secretary of Energy Henson Moore and asserted that an inability to obtain long term gas contracts meant that supplies are unreliable and construction of gas-fueled generating stations is being discouraged. This study was requested by the Deputy Secretary to address the issues surrounding long-term gas contracts and supply reliability. The relationship between supply reliability and contracts is explained in terms of the number of buyers and sellers in a market. With the appropriate state regulatory policies, utilities can contract for gas and obtain reliable supplies at competitive market prices. Public utility commissioners are encouraged to permit utilities a free choice in signing gas contracts, but to allow only competitive market prices to be reflected in allowable fuel costs.

Natural gas contracts in an emerging competitive market

Energy Technology Data Exchange (ETDEWEB)

Sutherland, R.J.

1992-01-01

Natural gas is being viewed by many as the fuel of the 1990s and beyond because of its environmental qualities, relatively low cost and significant domestic resource base. However, in the Fall of 1991, a group of electric utility executives met with then Deputy Secretary of Energy Henson Moore and asserted that an inability to obtain long term gas contracts meant that supplies are unreliable and construction of gas-fueled generating stations is being discouraged. This study was requested by the Deputy Secretary to address the issues surrounding long-term gas contracts and supply reliability. The relationship between supply reliability and contracts is explained in terms of the number of buyers and sellers in a market. With the appropriate state regulatory policies, utilities can contract for gas and obtain reliable supplies at competitive market prices. Public utility commissioners are encouraged to permit utilities a free choice in signing gas contracts, but to allow only competitive market prices to be reflected in allowable fuel costs.

48 CFR 2009.570-5 - Contract clauses.

Science.gov (United States)

2010-10-01

... COMPETITION AND ACQUISITION PLANNING CONTRACTOR QUALIFICATIONS Organizational Conflicts of Interest 2009.570-5 Contract clauses. (a) General contract clause. All contracts and simplified acquisitions of the types set forth in 2009.570-4(b) must include the clause entitled, “Contractor Organizational Conflicts of...

48 CFR 828.106-72 - Contract provision.

Science.gov (United States)

2010-10-01

... 48 Federal Acquisition Regulations System 5 2010-10-01 2010-10-01 false Contract provision. 828... GENERAL CONTRACTING REQUIREMENTS BONDS AND INSURANCE Bonds and Other Financial Protections 828.106-72 Contract provision. Insert 852.228-72, Assisting Service-Disabled Veteran-Owned and Veteran-Owned Small...

Case note: ECJ (case C-372/99, Commission v. Italian Republic: Collective action under the Unfair Contract Terms Directive)

NARCIS (Netherlands)

Loos, M.

2003-01-01

Case C-372/99 concerns an infringement procedure under Article 226 EC against the Italian Republic (hereinafter also referred to as: Italy) for failing to adopt the necessary measures to enable (consumer) organisations to prevent the use of unfair contract terms. In its ruling, the ECJ reiterated

48 CFR 227.7102-3 - Contract clause.

Science.gov (United States)

2010-10-01

... 48 Federal Acquisition Regulations System 3 2010-10-01 2010-10-01 false Contract clause. 227.7102..., DEPARTMENT OF DEFENSE GENERAL CONTRACTING REQUIREMENTS PATENTS, DATA, AND COPYRIGHTS Rights in Technical Data 227.7102-3 Contract clause. (a)(1) Except as provided in paragraph (b) of this subsection, use the...

Bôcher and Abstract Contractions of 2nd Order Quadratic Algebras

Science.gov (United States)

Escobar-Ruiz, Mauricio A.; Kalnins, Ernest G.; Miller, Willar, Jr.; Subag, Eyal

2017-03-01

Quadratic algebras are generalizations of Lie algebras which include the symmetry algebras of 2nd order superintegrable systems in 2 dimensions as special cases. The superintegrable systems are exactly solvable physical systems in classical and quantum mechanics. Distinct superintegrable systems and their quadratic algebras can be related by geometric contractions, induced by Bôcher contractions of the conformal Lie algebra {so}(4,C) to itself. In this paper we give a precise definition of Bôcher contractions and show how they can be classified. They subsume well known contractions of {e}(2,C) and {so}(3,C) and have important physical and geometric meanings, such as the derivation of the Askey scheme for obtaining all hypergeometric orthogonal polynomials as limits of Racah/Wilson polynomials. We also classify abstract nondegenerate quadratic algebras in terms of an invariant that we call a canonical form. We describe an algorithm for finding the canonical form of such algebras. We calculate explicitly all canonical forms arising from quadratic algebras of 2D nondegenerate superintegrable systems on constant curvature spaces and Darboux spaces. We further discuss contraction of quadratic algebras, focusing on those coming from superintegrable systems.

The concession contracts assignment: general issues and controversies; A cessao de direitos e obrigacoes no contrado de concessao: aspectos gerais e questoes controversas

Energy Technology Data Exchange (ETDEWEB)

Rosa, Renata Gualberto Cordeiro [PETROBRAS, Rio de Janeiro, RJ (Brazil)

2008-07-01

Considering the activities of exploration and production of oil and natural gas and the concession regimen applicable to them in Brazil, the assignment of rights and obligations of the concession contract is analyzed from the points of view of the Petroleum Law and the contract itself. This paper intend to address the legal aspects that support the general legal authorization and the rules of the concession contract, as well as the role of ANP in the approval of the transfer and in the development of technical rules, regarding its function as a regulatory agency. Two controversial issues, the transfer with retroactive effects and the transfer of part of the concession area, are analyzed in light of the general features of the transfer of rights and obligations. Finally, the 'cessao de fato' and its consequences will be considered for the study of assignment of rights with retroactive effects and the operations of sole risk.. (author)

Legal terms in general dictionaries of English: The civil procedure mystery

DEFF Research Database (Denmark)

Nielsen, Sandro

2015-01-01

examines four general dictionaries of English to see how they treat civil procedure terms used in England and Wales in the light of the change of structure of and terminology used in civil proceedings that took place in 1999. Despite being based on large, up-to-date corpora the dictionaries contain some......Many general language dictionaries contain specialized terms, including legal terms relating to civil lawsuits. The existing literature provides general discussions of scientific and technical terms in ordinary dictionaries but does not specifically address the inclusion of legal terms. This study...... of the old terms but fail to include the new terms that have been in use for more than 15 years. Why this is the case is a mystery. However, some clues indicate that if they pay more attention to the link between dictionary functions, corpora and the data presented in dictionaries, lexicographers may be able...

48 CFR 28.307 - Insurance under cost-reimbursement contracts.

Science.gov (United States)

2010-10-01

... 48 Federal Acquisition Regulations System 1 2010-10-01 2010-10-01 false Insurance under cost-reimbursement contracts. 28.307 Section 28.307 Federal Acquisition Regulations System FEDERAL ACQUISITION...-reimbursement contracts. Cost-reimbursement contracts (and subcontracts, if the terms of the prime contract are...

48 CFR 804.101 - Contracting officer's signature.

Science.gov (United States)

2010-10-01

... signature. 804.101 Section 804.101 Federal Acquisition Regulations System DEPARTMENT OF VETERANS AFFAIRS GENERAL ADMINISTRATIVE MATTERS Contract Execution 804.101 Contracting officer's signature. (a) If a... signature. ...

Many general language dictionaries contain specialized terms

African Journals Online (AJOL)

user

used in England and Wales in the light of the change of structure of and terminology ... Legal Terms in General Dictionaries of English: The Civil Procedure Mystery ... (2015: 8), between 1.4 million and 2.1 million cases annually were brought.

Use of time and materials and cost reimbursement subcontracts for remedial actions under the alternative remedial contracting strategy contracts. Directive

International Nuclear Information System (INIS)

1992-01-01

The directive is intended to establish agency guidance on the use of time and materials and cost reimbursement contracts for remedial actions in general and to provide specific instruction regarding the use of these approaches in subcontracting under the Alternative Remedial Contracting Strategy (ARCS) contracts

ENFORCEMENT OF MORTGAGE CONTRACT

Directory of Open Access Journals (Sweden)

Alisa A. BELU

2016-07-01

Full Text Available A chattel mortgage contract is the expression of a real guarantee that gives the creditor precedence over other creditors, in addition to the general pledge upon the belongings of the debtor. It refers to the sale of mortgaged movable assets, exclusively or prioritized in favor of the mortgaging creditor, in case the debtor does not comply with his / her commitments, under the signed mortgage contract. Beginning from this purpose, shared by both sides (as the chattel mortgage contract is synallagmatic, in case the debtor is unable to fulfill his / her commitments, the sides reach a situation of enforcement of the signed chattel mortgage contract. Given the legal status of the chattel mortgage contract [Art. 2387-2477 Noul Cod Civil , Universul Juridic, Bucureşti, 2016, ISBN 978-606-673-792-0], the principle of binding force of the contract and the principle according to which signed legal conventions will entail legal effects, the Romanian law maker developed the proper legal framework for the enforcement of the chattel mortgage contract. [art. 622 si urm. Noul Cod de Procedură Civilă, ed. Hamangiu, Bucureşti, 2016, ISBN 978-606-27-0459-9].

48 CFR 29.402-2 - Foreign cost-reimbursement contracts.

Science.gov (United States)

2010-10-01

... 48 Federal Acquisition Regulations System 1 2010-10-01 2010-10-01 false Foreign cost-reimbursement... GENERAL CONTRACTING REQUIREMENTS TAXES Contract Clauses 29.402-2 Foreign cost-reimbursement contracts. (a) The contracting officer shall insert the clause at 52.229-8, Taxes—Foreign Cost-Reimbursement...

48 CFR 629.402-1 - Foreign fixed-price contracts.

Science.gov (United States)

2010-10-01

... 48 Federal Acquisition Regulations System 4 2010-10-01 2010-10-01 false Foreign fixed-price contracts. 629.402-1 Section 629.402-1 Federal Acquisition Regulations System DEPARTMENT OF STATE GENERAL CONTRACTING REQUIREMENTS TAXES Contract Clauses 629.402-1 Foreign fixed-price contracts. ...

INDEFINITE CONTRACT REVIEW 1999 Procedure for Research Physicists (Professional Category 1)

CERN Multimedia

1999-01-01

In view of the long-standing deliberate turnover policy of professional category 1 research physicists on fixed-term contracts, a special procedure is defined, distinct from the other professional categories. This procedure takes into account that research physicists stay at CERN for only up to 6 years and that periods of service as Fellow may be counted within these six years.The following procedure has been agreed:1.\tThe review covers research physicists holding fixed-term contracts and having completed at least 4 years of service on 30 June 1999. Prior years as Fellow may be taken into consideration in the specific context.\tAll candidates are informed individually.2.\tThe files of all candidates are considered by search committees. The members of the committees are nominated by the Director-General and comprise members of the senior CERN staff as well as at least one senior external physicist. The committees are free to take up references and to interview the candidates.3.\tIn ord...

48 CFR 32.103 - Progress payments under construction contracts.

Science.gov (United States)

2010-10-01

... REGULATION GENERAL CONTRACTING REQUIREMENTS CONTRACT FINANCING Non-Commercial Item Purchase Financing 32.103... to be withheld shall be made by the contracting officer on a case-by-case basis. Such decisions will... other factors. Upon completion of all contract requirements, retained amounts shall be paid promptly...

Service quality in contracted facilities.

Science.gov (United States)

Rabbani, Fauziah; Pradhan, Nousheen Akber; Zaidi, Shehla; Azam, Syed Iqbal; Yousuf, Farheen

2015-01-01

The purpose of this paper is to explore the readiness of contracted and non-contracted first-level healthcare facilities in Pakistan to deliver quality maternal and neonatal health (MNH) care. A balanced scorecard (BSC) was used as the assessment framework. Using a cross-sectional study design, two rural health centers (RHCs) contracted out to Aga Khan Health Service, Pakistan were compared with four government managed RHCs. A BSC was designed to assess RHC readiness to deliver good quality MNH care. In total 20 indicators were developed, representing five BSC domains: health facility functionality, service provision, staff capacity, staff and patient satisfaction. Validated data collection tools were used to collect information. Pearson χ2, Fisher's Exact and the Mann-Whitney tests were applied as appropriate to detect significant service quality differences among the two facilities. Contracted facilities were generally found to be better than non-contracted facilities in all five BSC domains. Patients' inclination for facility-based delivery at contracted facilities was, however, significantly higher than non-contracted facilities (80 percent contracted vs 43 percent non-contracted, p=0.006). The study shows that contracting out initiatives have the potential to improve MNH care. This is the first study to compare MNH service delivery quality across contracted and non-contracted facilities using BSC as the assessment framework.

Management of transport and handling contracts

CERN Document Server

Rühl, I

2004-01-01

This paper shall outline the content, application and management strategies for the various contracts related to transport and handling activities. In total, the two sections Logistics and Handling Maintenance are in charge of 27 (!) contracts ranging from small supply contracts to big industrial support contracts. The activities as well as the contracts can generally be divided into four main topics "Vehicle Fleet Management"; "Supply, Installation and Commissioning of Lifting and Hoisting Equipment"; "Equipment Maintenance" and "Industrial Support for Transport and Handling". Each activity and contract requires different approaches and permanent adaptation to the often changing CERN's requirements. In particular, the management and the difficulties experienced with the contracts E072 "Maintenance of lifting and hoisting equipment", F420 "Supply of seven overhead traveling cranes for LHC" and S090/S103 "Industrial support for transport and handling" will be explained in detail.

Merons in a generally covariant model with Gursey term

International Nuclear Information System (INIS)

Akdeniz, K.G.; Smailagic, A.

1982-10-01

We study meron solutions of the generally covariant and Weyl invariant fermionic model with Gursey term. We find that, due to the presence of this term, merons can exist even without the cosmological constant. This is a new feature compared to previously studied models. (author)

48 CFR 232.704-70 - Incrementally funded fixed-price contracts.

Science.gov (United States)

2010-10-01

... ACQUISITION REGULATIONS SYSTEM, DEPARTMENT OF DEFENSE GENERAL CONTRACTING REQUIREMENTS CONTRACT FINANCING...'s decision and terminate for the convenience of the Government. (c) The contracting officer shall...

A Dictionary of Acquisition and Contracting Terms.

Science.gov (United States)

1997-06-01

No Comment 0 (0 %) C_ Responses: The following comments were used to revise the definition: - Not necessarily binding; may be non-binding. (3) - I agree with your definition; however, if I’m not mistaken, there may be some instances wherein the arbitration decision is not binding. (4) 10 - I would consider deleting the word "most." While the ADR process is the current buzzword, the word "arbitration" has been around a lot longer and to a lot of folks extends to processes for handling issues of personnel matter, international contracting,

24 CFR 891.590 - Notice upon HAP contract expiration.

Science.gov (United States)

2010-04-01

... 24 Housing and Urban Development 4 2010-04-01 2010-04-01 false Notice upon HAP contract expiration... Handicapped-Section 8 Assistance § 891.590 Notice upon HAP contract expiration. (a) Notice required. The HAP contract will provide that the Borrower will, at least one year before the end of the HAP contract term...

On the Dogmatics of Contract Interpretation

Institute of Scientific and Technical Information of China (English)

Yang Guoqing

2017-01-01

The interpretation of contract has attracted much attention in the practice of contract law and the basic problems to be solved are what the parties agree on and how to set up the rules of adjudication. The present domestic studies are not conducive to contract prac-tices because they either unnecessarily elevate scientific problems to the speculative realm of fantasy, or make the problems become more unreal and abstract. The two traditional theories of contract interpretation do not conflict in values in terms of the autonomy of the will and trust protection. However, in today' s society where cultural pluralism and legal value plural-ism exist, because of different contract practices, differentiation and individualization of con-tract interpretation will become the basic patterns. Therefore, it is impossible and unnecessary to construct a unitary model, but it is of great significance to introduce the dogmatics-orien-ted contract interpretation.

48 CFR 1631.205-74 - FEHBP losses on other contracts.

Science.gov (United States)

2010-10-01

... carry forward” principle that is fundamental to continuing insurance contracts that are based on... MANAGEMENT FEDERAL EMPLOYEES HEALTH BENEFITS ACQUISITION REGULATION GENERAL CONTRACTING REQUIREMENTS CONTRACT COST PRINCIPLES AND PROCEDURES Contracts With Commercial Organizations 1631.205-74 FEHBP losses on...

48 CFR 2936.209 - Construction contracts with architect-engineer firms.

Science.gov (United States)

2010-10-01

... with architect-engineer firms. 2936.209 Section 2936.209 Federal Acquisition Regulations System DEPARTMENT OF LABOR GENERAL CONTRACTING REQUIREMENTS CONSTRUCTION AND ARCHITECT-ENGINEER CONTRACTS Special Aspects of Contracting for Construction 2936.209 Construction contracts with architect-engineer firms. As...

Opening remarks for a panel discussion on short-term vs long-term procurement

International Nuclear Information System (INIS)

Courtenay, R.H.

1990-01-01

Long-term contracting in the late 1970's and early 1980's is blamed for some of the inequities that plague the uranium industry today. Utilities are obliged to pay prices far above prevailing levels and relatively low cost producers are forced to shut down while watching less efficient suppliers stay in business thanks to their long term supply agreements. Furthermore, it is argued that long-term contracts have contributed to supply instability by forcing the buildup of surplus inventories and by supporting excess incremental production by suppliers who have a baseload of long-term contracts. The depressed prices resulting from this oversupply are in turn jeopardizing future resource development and damaging supply reliability. In summary, the author's argument is that supply reliability will be greatly enhanced by the assurance of adequate primary supply from traditional sources such as Canada. This will not happen without long-term contracts. This conclusion may not be expected coming from a representative of Canada's largest uranium producer. But the final comment is less self serving. Many of the critics of long term contracts apparently expect a continuing and plentiful supply of East Bloc uranium to the spot market. A further question is to what extent East Bloc suppliers will eventually require long-term contracts in order to maintain production facilitates in economies that are no longer centrally planned, and where there is open competition for capital. Ultimately, reliability of supply from the non-traditional suppliers may also depend on long-term contracts

Capitation, contracts, and control

International Nuclear Information System (INIS)

McIsaac, L.H.

1987-01-01

The radiology business manager in today's environment must become proficient in contract evaluations and negotiations. Health care is focusing on preventive medicine. Third-party payers are offering plans and programs to provide ''well-patient'' care. For prepaid (HMO-IPA-PTO) plans to succeed, demands for reduced fees and other entrepreneurial contractual arrangements are developed. This presentation will focus on specific items contained in most contracts. The issues of withhold, billing procedures, prompt-payment rewards, medical liability, capitation determinations, and modified capitation plans will be discussed. It is the intent of this presentation to share with the audience methods of evaluating contracts, the importance of negotiating specific terms, and an approach to determination of capitation amounts

Amending Contracts for Choreographies

Directory of Open Access Journals (Sweden)

Laura Bocchi

2011-07-01

Full Text Available Distributed interactions can be suitably designed in terms of choreographies. Such abstractions can be thought of as global descriptions of the coordination of several distributed parties. Global assertions define contracts for choreographies by annotating multiparty session types with logical formulae to validate the content of the exchanged messages. The introduction of such constraints is a critical design issue as it may be hard to specify contracts that allow each party to be able to progress without violating the contract. In this paper, we propose three methods that automatically correct inconsistent global assertions. The methods are compared by discussing their applicability and the relationships between the amended global assertions and the original (inconsistent ones.

41 CFR Appendix D to Part 60 - 741-Guidelines Regarding Positions Engaged in Carrying Out a Contract

Science.gov (United States)

2010-07-01

... a finding of coverage. For example, suppose another employee of the photocopy machine company, whose... reflect the practical reality that performance of a contract generally requires the cooperation of a... to lease a photocopying machine under terms that obligated the leasing company to provide repair and...

48 CFR 203.1004 - Contract clauses.

Science.gov (United States)

2010-10-01

... OF DEFENSE GENERAL IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF INTEREST Contractor Code of Business Ethics and Conduct 203.1004 Contract clauses. (a) Use the clause at 252.203-7003 in solicitations and contracts that include the FAR clause 52.203-13, Contractor Code of Business Ethics and Conduct...

48 CFR 232.102 - Description of contract financing methods.

Science.gov (United States)

2010-10-01

... financing methods. 232.102 Section 232.102 Federal Acquisition Regulations System DEFENSE ACQUISITION REGULATIONS SYSTEM, DEPARTMENT OF DEFENSE GENERAL CONTRACTING REQUIREMENTS CONTRACT FINANCING Non-Commercial Item Purchase Financing 232.102 Description of contract financing methods. (e)(2) Progress payments...

76 FR 7522 - Federal Acquisition Regulation; Enhancing Contract Transparency

Science.gov (United States)

2011-02-10

... transparency while retaining the protection of information that should be considered in the contracting process... the need for transparency in Government contracting information and believe these recommendations... Regulation; Enhancing Contract Transparency AGENCY: Department of Defense (DoD), General Services...

Private participation in infrastructure: A risk analysis of long-term contracts in power sector

Science.gov (United States)

Ceran, Nisangul

The objective of this dissertation is to assess whether the private participation in energy sector through long term contracting, such as Build-Operate-Transfer (BOT) type investments, is an efficient way of promoting efficiency in the economy. To this end; the theoretical literature on the issue is discussed, the experience of several developing countries are examined, and a BOT project, which is undertaken by the Enron company in Turkey, has been studied in depth as a case study. Different risk analysis techniques, including sensitivity and probabilistic risk analysis with the Monte Carlo Simulation (MCS) method have been applied to assess the financial feasibility and risks of the case study project, and to shed light on the level of rent-seeking in the BOT agreements. Although data on rent seeking and corruption is difficult to obtain, the analysis of case study investment using the sensitivity and MCS method provided some information that can be used in assessing the level of rent-seeking in BOT projects. The risk analysis enabled to test the sustainability of the long-term BOT contracts through the analysis of projects financial feasibility with and without the government guarantees in the project. The approach of testing the sustainability of the project under different scenarios is helpful to understand the potential costs and contingent liabilities for the government and project's impact on a country's overall economy. The results of the risk analysis made by the MCS method for the BOT project used as the case study strongly suggest that, the BOT projects does not serve to the interest of the society and transfers substantial amount of public money to the private companies, implying severe governance problems. It is found that not only government but also private sector may be reluctant about full privatization of infrastructure due to several factors such as involvement of large sunk costs, very long time period for returns to be received, political and

Contract Hog Production: A Case Study of Financial Arrangements

OpenAIRE

Ross, Brent; Barry, Peter

2005-01-01

A case study is presented about the financing arrangements, contract terms, and business relationships of a set of contract hog producers whose loans from community banks have been guaranteed by the Illinois Farm Development Authority. The results reflect the maturity and stability of contract hog production, although agribusiness and farmer integrators largely fill different market niches and contract with different types of producers.

Contract employment policy and research productivity of knowledge workers: An analysis of Spanish universities

OpenAIRE

Lafuente González, Esteban Miguel; Berbegal-Mirabent, Jasmina

2017-01-01

This article investigates how contract employment practices adopted by universities—fixed-term contracts and permanent contracts—impact research productivity measured in terms of publications in scholarly journals. The empirical application considers the Spanish public higher education system for the period 2002-2008. We report an inverse U-shaped relationship between the rate fixed-term contracts and the research productivity of Spanish universities. That is, contract policies based on fixed...

48 CFR 2936.602 - Selection of firms for architect-engineer contracts.

Science.gov (United States)

2010-10-01

... architect-engineer contracts. 2936.602 Section 2936.602 Federal Acquisition Regulations System DEPARTMENT OF LABOR GENERAL CONTRACTING REQUIREMENTS CONSTRUCTION AND ARCHITECT-ENGINEER CONTRACTS Architect-Engineer Services 2936.602 Selection of firms for architect-engineer contracts. ...

77 FR 65577 - Notice of Continuation of Concession Contract

Science.gov (United States)

2012-10-29

... Continuation of Concession Contract AGENCY: National Park Service, Interior. ACTION: Notice. SUMMARY: Pursuant to the terms of the listed concession contract, the National Park Service hereby gives public notice that it proposed to continue the concession contract listed below for a period not-to- exceed 1 year...

48 CFR 1432.102 - Description of contract financing methods.

Science.gov (United States)

2010-10-01

... financing methods. 1432.102 Section 1432.102 Federal Acquisition Regulations System DEPARTMENT OF THE INTERIOR GENERAL CONTRACTING REQUIREMENTS CONTRACT FINANCING Non-Commercial Item Purchase Financing 1432.102 Description of contract financing methods. Use of progress payments based on a percentage or stage...

48 CFR 932.102 - Description of contract financing methods.

Science.gov (United States)

2010-10-01

... financing methods. 932.102 Section 932.102 Federal Acquisition Regulations System DEPARTMENT OF ENERGY GENERAL CONTRACTING REQUIREMENTS CONTRACT FINANCING Non-Commercial Item Purchase Financing 932.102 Description of contract financing methods. (e)(2) Progress payments based on a percentage or stage of...

48 CFR 432.102 - Description of contract financing methods.

Science.gov (United States)

2010-10-01

... financing methods. 432.102 Section 432.102 Federal Acquisition Regulations System DEPARTMENT OF AGRICULTURE GENERAL CONTRACTING REQUIREMENTS CONTRACT FINANCING Non-Commercial Item Purchase Financing 432.102 Description of contract financing methods. Progress payments based on a percentage or stage of completion are...

48 CFR 32.102 - Description of contract financing methods.

Science.gov (United States)

2010-10-01

... financing methods. 32.102 Section 32.102 Federal Acquisition Regulations System FEDERAL ACQUISITION REGULATION GENERAL CONTRACTING REQUIREMENTS CONTRACT FINANCING Non-Commercial Item Purchase Financing 32.102 Description of contract financing methods. (a) Advance payments are advances of money by the Government to a...

12 CFR 404.22 - Government contracts.

Science.gov (United States)

2010-01-01

... 12 Banks and Banking 4 2010-01-01 2010-01-01 false Government contracts. 404.22 Section 404.22 Banks and Banking EXPORT-IMPORT BANK OF THE UNITED STATES INFORMATION DISCLOSURE Access to Records Under the Privacy Act of 1974 § 404.22 Government contracts. (a) Approval by Assistant General Counsel for...

48 CFR 536.602 - Selection of firms for architect-engineer contracts.

Science.gov (United States)

2010-10-01

... architect-engineer contracts. 536.602 Section 536.602 Federal Acquisition Regulations System GENERAL SERVICES ADMINISTRATION SPECIAL CATEGORIES OF CONTRACTING CONSTRUCTION AND ARCHITECT-ENGINEER CONTRACTS Architect-Engineer Services 536.602 Selection of firms for architect-engineer contracts. ...

International offshore petroleum contracts: Towards the compatibility of energy need and sustainable development

International Nuclear Information System (INIS)

Gao Zhiguo.

1993-01-01

The legal and commercial relationships between petroleum producing countries and foreign oil companies have been defined by traditional oil concession agreements before the 1950s, and since then by modern petroleum contracts. The development policies behind the evolution of various arrangements for offshore petroleum exploration are scrutinized. By studying examples of contracts in four developing countries (Thailand, Indonesia, Brazil, and China), the issues of mutuality of interests and environmental sustainability that are reflected in both the structure and substance of modern petroleum contracts are examined. Major findings are that modern petroleum contracts are generally able to achieve and maintain a necessary balance of rights, interests and benefits between the contracting parties, but have failed to produce any balance between the extraction of resources and environmental sustainability. The existing contractual systems have failed in principle to provide adequate environmental regulation and have not addressed the issue of sustainable development at all. Arrangements focusing on economic interests are inappropriate for future energy developments, but through the proper use of contract terms that contain elements favouring sustainable development, economic and environmental interests can nevertheless be accomodated and served at the same time. Future petroleum agreements should recognize explicitly the inherent independence and coexistence between commerciality and sustainable development. 288 refs., 1 fig., 24 tabs

Alternative staffing services. Contract transcription.

Science.gov (United States)

Tessier, C

1992-03-01

Contract medical transcription services can be of great assistance in meeting the demands for transcription, without jeopardizing patient, physician, or institutional confidentiality. You simply must require the contract service to provide at least the same degree of protection and preservation of confidentiality that you should require inhouse. To achieve this you must make these requirements explicit, comprehensive, comprehensible, believable, and enforceable. Discuss the requirements with prospective contractors. Review them at least annually with existing contractors and when contracts are due for renewal. Be sure to specify the consequence of breaching confidentiality, and if there are breaches, enforce the terms of the contract. Consult your institution's legal counsel both in developing the contract and in enforcing its provisions. Take into consideration your department's and institution's policies, AHIMA's statement on confidentiality, as well as local, state, and federal laws. Above all, never lose sight of the patient. Ultimately, it is not patient information that you are obligated to protect. It is the patient.

Analysis of foreign petroleum contracts

International Nuclear Information System (INIS)

Moran, S.S.

1991-01-01

Most foreign exploration and production contracts are of two basic types: Production-Sharing contracts in which a portion of oil revenues, 'cost oil,' is available to the contractor for recoupment of exploration and production costs with the remainder, 'profit oil,' being shared according to an agreed-upon formula, and the familiar Tax-Royalty contract in which a share of petroleum revenues goes to the host country 'off the top' as royalties, and operating profits are taxed at the going rate. Bottom line splits of profits between host governments and contractors, which are approximately 50-50 in the United States, are typically in the 60-40 to 85-15 range elsewhere, with lower profit shares being offset by the higher volume potential and lower costs that may be associated with less mature exploration areas. Foreign contract qualities can be grossly compared by walking typical field models through the contracts to arrive at the bottom line profit splits. Variations within the contract forms include government participation, sliding scale contract elements, special taxes related to rates of return, etc. Often, contract terms are subject to negotiation and the tradeoffs between contract elements must be understood. Contract life, amortization schedules, fund repatriation, currency exchange rates, and the interaction of foreign and United States tax regimens are among the other factors that must be considered. Final decisions on foreign ventures must combine consideration of contracts, economic projections, hydrocarbon volumes, exploration cost estimates, and the estimated probability of success into an overall project assessment

Generalized supersymmetric cosmological term in N=1 supergravity

Energy Technology Data Exchange (ETDEWEB)

Concha, P.K.; Rodríguez, E.K. [Departamento de Física, Universidad de Concepción,Casilla 160-C, Concepción (Chile); Dipartimento di Scienza Applicata e Tecnologia (DISAT), Politecnico di Torino,Corso Duca degli Abruzzi 24, I-10129 Torino (Italy); Istituto Nazionale di Fisica Nucleare (INFN) Sezione di Torino,Via Pietro Giuria 1, 10125 Torino (Italy); Salgado, P. [Departamento de Física, Universidad de Concepción,Casilla 160-C, Concepción (Chile)

2015-08-04

An alternative way of introducing the supersymmetric cosmological term in a supergravity theory is presented. We show that the AdS-Lorentz superalgebra allows to construct a geometrical formulation of supergravity containing a generalized supersymmetric cosmological constant. The N=1, D=4 supergravity action is built only from the curvatures of the AdS-Lorentz superalgebra and corresponds to a MacDowell-Mansouri like action. The extension to a generalized AdS-Lorentz superalgebra is also analyzed.

Continuous evolution of equations and inclusions involving set-valued contraction mappings with applications to generalized fractal transforms

Directory of Open Access Journals (Sweden)

Herb Kunze

2014-06-01

Full Text Available Let T be a set-valued contraction mapping on a general Banach space $\\mathcal{B}$. In the first part of this paper we introduce the evolution inclusion $\\dot x + x \\in Tx$ and study the convergence of solutions to this inclusion toward fixed points of T. Two cases are examined: (i T has a fixed point $\\bar y \\in \\mathcal{B}$ in the usual sense, i.e., $\\bar y = T \\bar y$ and (ii T has a fixed point in the sense of inclusions, i.e., $\\bar y \\in T \\bar y$. In the second part we extend this analysis to the case of set-valued evolution equations taking the form $\\dot x + x = Tx$. We also provide some applications to generalized fractal transforms.

Contract theory and EU Contract Law

OpenAIRE

Hesselink, M.W.; Twigg-Flesner, C.

2016-01-01

This paper explores the relationship between contract theory and European contract law. In particular, it confronts the leading contract law theories with the main characteristics of EU contract law. The conclusion is that the two do not match well. In particular, monist normative contract theories are largely irreconcilable with the contract law of the EU. The paper further addresses the main implications of this mismatch, both for contract theory and for EU contract law. It suggests that in...

The determinants of loan contracts to business firms

OpenAIRE

Pham, Thi Thu Trà; Lensink, Robert

2006-01-01

This paper deals with loan contracting from a private bank in Vietnam. We focus on the main loan contract features that the bank uses in lending to business firms, namely loan maturity, collateral and loan interest rate. Based upon the simultaneous equation model of Dennis et al. (2000) and the bank’s loan contracting policies, we examine the possible interdependency of the three different loan contract terms. Also, we try to determine which firm characteristics and exogenous factors are rele...

76 FR 57684 - Swap Exclusion for Section 1256 Contracts

Science.gov (United States)

2011-09-16

... that the term ``section 1256 contract'' shall not include-- any interest rate swap, currency swap... rule for credit default swaps. (B) Special rule for nonfunctional currency notional principal contracts... 57688

Optimal Hedging and Pricing of Equity-Linked Life Insurance Contracts in a Discrete-Time Incomplete Market

Directory of Open Access Journals (Sweden)

Norman Josephy

2011-01-01

Full Text Available We present a method of optimal hedging and pricing of equity-linked life insurance products in an incomplete discrete-time financial market. A pure endowment life insurance contract with guarantee is used as an example. The financial market incompleteness is caused by the assumption that the underlying risky asset price ratios are distributed in a compact interval, generalizing the assumptions of multinomial incomplete market models. For a range of initial hedging capitals for the embedded financial option, we numerically solve an optimal hedging problem and determine a risk-return profile of each optimal non-self-financing hedging strategy. The fair price of the insurance contract is determined according to the insurer's risk-return preferences. Illustrative numerical results of testing our algorithm on hypothetical insurance contracts are documented. A discussion and a test of a hedging strategy recalibration technique for long-term contracts are presented.

48 CFR 4.801 - General.

Science.gov (United States)

2010-10-01

... 48 Federal Acquisition Regulations System 1 2010-10-01 2010-10-01 false General. 4.801 Section 4.801 Federal Acquisition Regulations System FEDERAL ACQUISITION REGULATION GENERAL ADMINISTRATIVE MATTERS Government Contract Files 4.801 General. (a) The head of each office performing contracting...

Quebec-USA electricity export contracts

International Nuclear Information System (INIS)

Labbe, J.-F.

1993-06-01

Electricity exports from Hydro-Quebec to utilities in the USA significantly affects the economy and environment of Quebec. These exports may be arranged under interconnection agreements to sell excess capacity and production during off-peak periods or under firm sales contracts. Hydro-Quebec exports could also replace power plants that would otherwise be needed in the USA. The economic environment for Hydro-Quebec exports to the USA is reviewed along with the regulatory environment applicable to international trade (General Agreement on Tariffs and Trade, Canada-USA Free Trade Agreement, North American Free Trade Agreement), Quebec (Canadian federal and provincial law), and the USA (federal and state law). A jurisdictional analysis of power export contracts is then presented, citing examples of contracts already signed by Hydro-Quebec with utilities in New York and New England. Contract law and contract provisions are discussed, including common clauses and particular clauses. Suggestions are made for new clauses that would improve the electricity trade. 215 refs., 13 figs., 3 tabs

Demand and Signing of General Practitioner Contract Service among the Urban Elderly: A Population-Based Analysis in Zhejiang Province, China

Directory of Open Access Journals (Sweden)

Yanrong Zhao

2017-03-01

Full Text Available This study aims to examine whether the urban elderly in the Zhejiang Province of China signed contracts with their general practitioner (GP based on their health service needs, and to further identify the determinants of their demand and signing decisions. A community-based cross-sectional study was conducted in 16 community health service (CHS institutions in Zhejiang Province, China. The urban elderly over 60 years of age were enrolled when visiting the sampled CHS. Baseline characteristics were compared between participants using Chi-Square tests for categorical variables. Univariate and multivariable logistic regression analyses were used to identify determinants of the GP contract service demand and signing decisions, respectively. Among the 1440 urban elderly, 56.67% had signed contracts with their GP, and 55.35% had a demand of the GP contract service. The influencing factors of demand were a history of diabetes or cardiovascular disease (OR = 1.33, 95% CI, 1.05–1.68; urban resident basic medical insurance (URBMI vs. urban employee basic medical insurance (UEBMI (OR = 1.96, 95% CI, 1.46–2.61; and middle-income vs. low-income (OR = 0.67, 95% CI, 0.50–0.90 for RMB 1001–3000; OR = 0.59, 95% CI, 0.39–0.90 for RMB 3001–5000. Having a demand for the GP contract service was the strongest determinant of signing decisions (OR = 13.20, 95% CI, 10.09–17.27. Other factors also contributed to these decisions, including gender, caregiver, and income. The urban elderly who had signed contracts with GPs were mainly based on their health care needs. Elderly people with a history of diabetes or cardiovascular disease, as well as those with URBMI, were found to have stronger needs of a GP contract service. It is believed that the high-income elderly should be given equal priority to those of low-income.

75 FR 29547 - Federal Acquisition Regulation; Information Collection; Contract Financing

Science.gov (United States)

2010-05-26

...; Information Collection; Contract Financing AGENCIES: Department of Defense (DoD), General Services... previously approved information collection requirement concerning contract financing. Public comments are... substantially changed the statutory authorities for Government financing of contracts. Sections 2001(f) and 2051...

General conditions applicable to the contract for access to the public power transportation network for an eligible consuming site; Conditions generales applicables au contrat d'acces au reseau public de transport d'electricite pour un site consommateur eligible

Energy Technology Data Exchange (ETDEWEB)

NONE

2002-11-01

On 1 November 2002, the new tariffs for the utilisation of the public power transmission and distribution networks, defined by decree no 2002-1014 of 19 July 2002, will come into effect. A new contract for access to the transmission network has been drawn up in co-operation with the Energy Regulation Commission (CRE) so as to be able to include these new tariffs. This new contract also takes into account the expectations expressed by the users of the transmission network concerning the energy delivery agreement used since the coming into effect of the European Directive on the opening of the electricity market in February 1999. On 31 October 2002, RTE is publishing a new version of the contract for access to the Public Transmission Networks. This document reproduces the general conditions of this contract. It comprises the following parts: preamble; definitions; connection to the public transportation network; metering and deductions; subscribed power; development, exploitation and maintenance of facilities; power continuity and quality; liability; tariffing and conditions of payment; declaration of the balancing actor; general dispositions.

A critical review of Iran's buyback contracts

International Nuclear Information System (INIS)

Groenendaal, Willem J.H. van; Mazraati, Mohammad

2006-01-01

Iran's oil and gas industry requires investments of US$ 15 billion in the short term and over US$70 billion in the medium term. Iran tries to interest international oil companies (IOC) in investing in Iran's oil and gas business by offering buyback contracts. Under a buyback contract an IOC invests and when production starts, the field is handed over to the National Iranian Oil Company (NIOC) or one of its representatives. The IOC gets its costs and an agreed upon profit paid out of the oil and/or gas gross profits, assuming the field produces as agreed upon and the international energy prices are high enough. According to the Iranian government, the buyback contract contains sufficient incentives for an IOC to invest in Iran. The IOCs, however, disagree. They claim that they solely bare the risks in a buyback contract, whereas the Iranian counterpart receives all windfall profits. Furthermore, the IOCs claim that the utilisation of Iran's oil and gas reserves will be sub-optimal if they are not involved in optimising long-term recovery. In this paper, we investigate these claims and show that they are partly correct. Given Iran's need for investment capital, Iran might have to change its policy

Group contractions in quantum field theory

International Nuclear Information System (INIS)

Concini, C. De; Vitiello, G.

1979-01-01

General theorems are given for SU(n) and SO(n). A projective geometry argument is also presented with disclosure of the occurrence a group contraction mechanism as a geometric consequence of spontaneous breakdown of symmetry. It is also shown that a contraction of the conformal group gives account of the number of degrees of freedom of an n-pseudoparticle system in an Euclidean SU(2) gauge invariant Yang-Mills theory, in agreement with the result obtained by algebraic geometry methods. Low-energy theorems and ordered states symmetry patterns are observable manifestations of group contractions. These results seem to support the conjecture that the transition from quantum to classical physics involves a group contraction mechanism. (author)

41 CFR 50-201.1 - The Walsh-Healey Public Contracts Act.

Science.gov (United States)

2010-07-01

... Contracts Act. 50-201.1 Section 50-201.1 Public Contracts and Property Management Other Provisions Relating... Walsh-Healey Public Contracts Act. The Walsh-Healey Public Contracts Act, as amended (41 U.S.C. 35-45... making of contracts by the United States.” It is not an act of general applicability to industry. The...

Contracting and building renovation - does it work together?

Energy Technology Data Exchange (ETDEWEB)

Tritthart, Wibke; Bruner-Lienhart, Susanne [Inter-Univ. Research Centre for Technology, Work and Culture, Graz (Austria); Bleyl, Jan W.; Bucar, Gerhard [Graz Energy Agency (Austria)

2007-07-01

The renovation or refurbishment is an important point in the life cycle of a building that makes it possible to achieve both environmental and climate protection goals and a higher quality of living of the inhabitants. However, lack of money often leads to a renovation that covers only the basic requirements, whereas measures that are valuable in a long term perspective like energy saving measures are not realised. Energy performance contracting (EPC) is widely used as an instrument to reduce long term operating costs significantly by guaranteed energy savings. An energy service company (ESCo) implements saving technologies, especially in the field of heating, HVAC, lighting and plug loads, and in particular in public buildings. It is the aim of this paper to investigate the possibilities to incorporate construction measures like building envelope insulation into standard energy performance contracting.For this purpose a qualitative survey is presented that was performed among experts and stakeholders in the business: ESCos, building owners and facility managers, representatives of construction companies and financing institutions were interviewed. The focus was on their experiences with such projects, on difficulties that arose or barriers that exist from their point of view and on the chances they perceived. This provides the basis for identifying restraints and supporting factors for the integration of contracting and constructional measures.Three pilot projects that have been renovated in Austria are outlined subsequently. They are evaluated with respect to the contractual network between the project partners, types of guarantees and financing issues. Special emphasis is put on the assignment of tasks and the cash flow between the project partners. Various constellations of trades acted as energy service provider: a general contractor, an energy supply company, a consortium of a builder and a plumber. The projects reveal some differences to the standard energy

Single- and Multi-Prime Contracting in North Carolina Public Construction.

Science.gov (United States)

Bluestein, Frayda S.

1995-01-01

The North Carolina General Assembly directed the State Building Commission to study the comparative costs of multi- and single-prime contracting and report the results to the 1995 General Assembly. Describes the analysis of data collected from governmental units that had awarded construction contracts. Identifies some alternative contracting…

Legal and economic aspects of contracts of insurance of crops and yields against drought

Directory of Open Access Journals (Sweden)

Veselinović Janko P.

2016-01-01

Full Text Available The contract of insurance of crops and yields against drought is based on the risk of decrease of precipitation in comparison with an earlier relevant period. The authors analysed the specificities of the case of draught risk, but also other regulations characteristic of this contractual relationship, both from the economic and the legal point of view. The paper also treats the position of contractual parties in this contractual relationship, partly arising from the monopolising position of the insuring organisation. That part also analyses the contract freedom that is endangered due to unequal positions of contractual parties. Special attention is paid to legal sources, especially the general and special conditions of insurance organisations, seeing as they are the main source of law, as there is a lack of legal regulation of this field. The number of Serbian insurance organisations that offer this type of insurance is extremely low, as well as the percentage of insurance against this risk. The authors analyse the reasons for which this type of insurance is underdeveloped in Serbia, as well as the consequences of such a state to a safe agricultural production. The paper also covers the topic of the role of legislators and the state in general, in terms of regulation of certain elements of this contractual relation, but also in terms of state incentives that would contribute to a higher percentage of insured agricultural areas. This would reduce the uncertainty and the damage suffered by agricultural producers due to increasing weather fluctuations. Taking into account the inadequate legal and economic tradition, education in this field would represent a significant contribution to the development of this kind of insurance. The authors analyse the difference between the contracts of insurance of crops and yields against drought and the weather derivative contracts, which can be traded on the stock market.

Manual of contracts for the electricity sector. Contracts that work: Drafting and proper legal application. 2. rev. ed.

International Nuclear Information System (INIS)

Schoene, Thomas

2014-01-01

This manual deals fundamentally with the drafting of contracts for the electricity sector. It covers all types of contracts on both the customer and the network side with their various special clauses and variants, specifically: basic supply, substitute supply, supply contracts for private, commercial and industrial special customers as well as redistributors, EFET contracts, network access contracts, supplier framework contracts, feed-in contracts, grid connection contracts and connection use contracts. The manual also addresses questions concerning electricity customer insolvency, an issue of growing importance. The following topics are furthermore dealt with in a practically oriented manner and with care being taken to explain the underlying legal issues in readily understandable language. What basic framework conditions are specified by the new energy economy laws and general civil law? What possibilities are available in drafting contracts and what are the ramifications in each case? What subject matters in a contract are of particular economic significance? How can concession contracts be designed in a market-conforming way when there is strong competition for qualified rights of way? What opportunities and risks are associated with innovative products? What options for action does a supplier have in the event of (threatening) customer insolvency? Model contracts from day-to-day management practice and tips, checklists and cautioning notes round off this manual.

Next Indefinite Contract review exercise

CERN Multimedia

2013-01-01

Dear Colleagues, We are pleased to inform you that the 2013 LD2IC exercise (selection process for the conversion of limited-duration contracts to indefinite contracts) was officially launched last week.  The vacancy notices for posts opened with a view to the award of indefinite contracts will be published on 9 August 2013 for a period of four weeks (until 8 September 2013). The CERN Contract Review Boards (candidate interviews) will be held between the end of September and mid-November. The LD to IC procedure, Frequently Asked Questions and a calendar for the exercise are now available in the Admin e-guide. In addition, general information sessions on the procedure will be organised for candidates on the following dates: Information on the location of these sessions will be provided in due course on the CERN announcements page. HR Department

Contract theory and EU Contract Law

NARCIS (Netherlands)

Hesselink, M.W.; Twigg-Flesner, C.

2016-01-01

This paper explores the relationship between contract theory and European contract law. In particular, it confronts the leading contract law theories with the main characteristics of EU contract law. The conclusion is that the two do not match well. In particular, monist normative contract theories

Consideration of sharing small term management under the EPC model on Nuclear power

International Nuclear Information System (INIS)

Yu Yong

2012-01-01

The special nature and importance of sharing small term under management of nuclear power EPC mode were discussed. Advantages and disadvantages of EPC mode on nuclear power.engineering is analyzed. Pointed out the management problems of owners, general contracting units, equipment suppliers and engineering construction units and other parties involved in the process of a common small term implementing. The recommendations concerning management of the owners and general contractors and subcontractors owners of nuclear power engineering inside during the management of the common aspects of sharing small term were made

Invariants of generalized Lie algebras

International Nuclear Information System (INIS)

Agrawala, V.K.

1981-01-01

Invariants and invariant multilinear forms are defined for generalized Lie algebras with arbitrary grading and commutation factor. Explicit constructions of invariants and vector operators are given by contracting invariant forms with basic elements of the generalized Lie algebra. The use of the matrix of a linear map between graded vector spaces is emphasized. With the help of this matrix, the concept of graded trace of a linear operator is introduced, which is a rich source of multilinear forms of degree zero. To illustrate the use of invariants, a characteristic identity similar to that of Green is derived and a few Racah coefficients are evaluated in terms of invariants

Managing the risks associated with natural gas purchase contracts

International Nuclear Information System (INIS)

Brett, T.

2003-01-01

This presentation described different styles of gas contracts. When markets opened in 1986, many contracts were between end users and producers, and a few marketers. Typically, contracts were for a fixed price and term. In 1990, when gas futures contracts began trading on NYMEX, contracts began to have floating prices, and prices linked to NYMEX prices. Standard gas contracts were developed in the mid-late 1990s. This paper described the differences between plain retail gas contracts, retail gas contracts between mass marketers and end users, wholesale contracts, contracts between producers and marketers, transportation contracts and domestic contracts. Both contracting parties obtain business and legal advice from consultants and lawyers with knowledge in energy transactions. Master agreement contracts were also described with reference to the Gas EDI contract. Examples of changing regulatory requirements were also outlined along with some traps to avoid. Bundled transportation agreements are standard documents that can be negotiated in special circumstances to charge customers who fail to deliver. They should be considered as tariffs

29 CFR 779.215 - General scope of terms.

Science.gov (United States)

2010-07-01

... common control within the meaning of the definition of enterprise. The fact the firms are independently... RETAILERS OF GOODS OR SERVICES Employment to Which the Act May Apply; Enterprise Coverage Unified Operation Or Common Control § 779.215 General scope of terms. (a) Under the definition related activities...

Population-based contracting (population health): part II.

Science.gov (United States)

Jacofsky, D J

2017-11-01

Modern healthcare contracting is shifting the responsibility for improving quality, enhancing community health and controlling the total cost of care for patient populations from payers to providers. Population-based contracting involves capitated risk taken across an entire population, such that any included services within the contract are paid for by the risk-bearing entity throughout the term of the agreement. Under such contracts, a risk-bearing entity, which may be a provider group, a hospital or another payer, administers the contract and assumes risk for contractually defined services. These contracts can be structured in various ways, from professional fee capitation to full global per member per month diagnosis-based risk. The entity contracting with the payer must have downstream network contracts to provide the care and facilities that it has agreed to provide. Population health is a very powerful model to reduce waste and costs. It requires a deep understanding of the nuances of such contracting and the appropriate infrastructure to manage both networks and risk. Cite this article: Bone Joint J 2017;99-B:1431-4. ©2017 The British Editorial Society of Bone & Joint Surgery.

Defense Contracting: Use of Undefinitized Contract Actions Understand and Definitization Time Frames Often Not Met

National Research Council Canada - National Science Library

2007-01-01

...), which authorize contractors to begin work before reaching a final agreement on contract terms. The contractor has little incentive to control costs during this period, creating a potential for wasted taxpayer dollars...

Next Indefinite Contract review exercise

CERN Multimedia

2015-01-01

Dear Colleagues, We are pleased to inform you that the 2015 LD2IC exercise (selection process for the conversion of limited-duration contracts into indefinite contracts) has been officially launched. The vacancy notices for posts opened with a view to the award of indefinite contracts will be published on 3 August 2015 for a period of four weeks (until 31 August 2015). The CERN Contract Review Boards (candidate interviews) will be held between the end of September and mid-November. The LD to IC procedure, Frequently Asked Questions (FAQ) and a calendar for the exercise are now available in the Admin e-guide. In addition, general information sessions on the procedure will be organised for candidates on the following dates: We would like to remind you that all staff members holding a limited-duration contract who have successfully completed their probation period at the time of application and who meet the eligibility criteria in the vacancy notices (VNs) are eligible to apply for posts for the awa...

Next Indefinite Contract review exercise

CERN Multimedia

HR Department

2015-01-01

Dear Colleagues, We are pleased to inform you that the 2015 LD2IC exercise (selection process for the conversion of limited-duration contracts into indefinite contracts) has been officially launched. The vacancy notices for posts opened with a view to the award of indefinite contracts will be published on 3 August 2015 for a period of four weeks (until 31 August 2015). The CERN Contract Review Boards (candidate interviews) will be held between the end of September and mid-November. The LD to IC procedure, Frequently Asked Questions (FAQ) and a calendar for the exercise are now available in the Admin e-guide. In addition, general information sessions on the procedure will be organised for candidates on the following dates: We would like to remind you that all staff members holding a limited-duration contract who have successfully completed their probation period at the time of application and who meet the eligibility criteria in the vacancy notices (VNs) are eligible to apply for posts for the award of a...

Global LNG - characteristics, clients and contracts

International Nuclear Information System (INIS)

Bauquis, P.R.

1997-01-01

Total's liquefied natural gas (LNG) holdings were described. Other topics discussed included an overview of gas consumption and internationally traded gas in 1995, a primer on the history of LNG, Japan's average import prices in 1996, Europe's border gas prices and consumption in 1995, Canada/US regional price differences in 1995 and 1996, and world gas markets and prices in 1996. The projected LNG supply and demand in Europe and Asia , especially in Japan, China and India, was also discussed. General concepts of LNG pricing, the general structure of a gas sales contract, and the different categories of LNG contracts were also reviewed. 24 figs

Psychological contracts and commitment amongst nurses and nurse managers: a discourse analysis.

Science.gov (United States)

McCabe, T J; Sambrook, Sally

2013-07-01

Few studies explore the link between the psychological contracts and the commitment of nursing professionals in the healthcare sector, and how perceived breaches of the psychological contract can impact on nurses' commitment levels. This study explores the connections between the psychological contracts and organisational and professional commitment of nurses and nurse managers. Semi-structured interviews were conducted with nurses and nurse managers, to explore the connections between their psychological contracts and organisational and professional commitment. Large acute and small community organisation within the British National Health Service. 28 nurses and 11 nurse managers working within an acute and a community sector organisation - 20 and 19 in each organisation. Participants were selected through a process of purposive sampling, reflecting variations in terms of age, grade, ward and tenure. A discourse analysis was conducted on the qualitative data from the thirty nine semi-structured interviews. Two overall themes emerged, professional and managerial values. Professional values included the sub-themes: professional recognition; immediate work environment - leadership and peer support; professional development and progression. Sub-themes under managerial values included: involvement; general management; resource management. The findings suggest that nurses and nurse managers are governed by relational psychological contracts, underpinned by an affective and to a lesser extent normative commitment towards the nursing profession. They emphasise 'professional values', and professional commitment, as the basis for positive psychological contracts amongst nursing professionals. There was anecdotal evidence of relational psychological contract breach, with decreasing job satisfaction as the outcome of perceived psychological contract breach. Positive psychological contracts and commitment levels amongst nursing professionals can be supported by managers been

48 CFR 503.1004 - Contract clauses.

Science.gov (United States)

2010-10-01

... 48 Federal Acquisition Regulations System 4 2010-10-01 2010-10-01 false Contract clauses. 503.1004 Section 503.1004 Federal Acquisition Regulations System GENERAL SERVICES ADMINISTRATION GENERAL IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF INTEREST Contractor Code of Business Ethics and Conduct 503...

48 CFR 17.401 - General.

Science.gov (United States)

2010-10-01

... CONTRACT TYPES SPECIAL CONTRACTING METHODS Leader Company Contracting 17.401 General. Leader company... system is designated under this acquisition technique to be the leader company, and to furnish assistance and know-how under an approved contract to one or more designated follower companies, so they can...

Types of contracts and contracting procedures

International Nuclear Information System (INIS)

Zijl, N.A. van

1977-01-01

Contracting for a nuclear power plant can be carried out in many different ways, from a bilateral agreement between two countries to an international open bidding competition. Also the kind of contracts (turnkey, split-package or multi-contract type) are discussed with their pros and cons as well as the contracting procedures which can be followed to come to the conclusion of a contract. (orig.) [de

The Brent Contract for Differences (CFD)

International Nuclear Information System (INIS)

Barrera-Rey, F.; Seymour, A.

1996-01-01

The market for Brent Contracts-for-Differences (CFDs) emerged as early as 1988 but its significant development did not occur until 1992. By financial market standards, however, this span of life is fairly long. Yet the characteristics and role of this oil trading instrument have not been seriously studied. This study aims at filling a gap in research on the Brent market complex which includes spot trades, a 15-day forward and futures contracts, various derivatives and, finally, the less well documented CFD. Chapters 2 and 3 aim to describe and explain the characteristics of the CFD market, in particular the evolution in contract terms and the composition of participants. (UK)

A New Approach Regarding the Legal Contract Lesion

Directory of Open Access Journals (Sweden)

Sache Neculaescu

2010-06-01

Full Text Available Why not agreeing upon a contract based on misbalanced services: because the party benefiting from an excessive service unlawfully exploited the precarious situation of the other party as a result of whom came to accept an unfair contract, or because contractual balance must be an essential feature of which and every contract with clearly established services? Which of the two reasons mentioned above is more important in terms of current contractual discipline? These are two questions which, no matter what answers will get, will involve an important matter of choice, in relation to which it will be possible to assess correctly the solutions proposed by the new Romanian Civil Code, as well as by the main bills on Europeancodification of contract law. The present study upholds the idea of misbalanced services only if it constitutes rather a remedy for a contractual problem, if it is oriented towards the legitimate interests of the most vulnerable party of that contract and less interested in sanctioning the guilty conduct of the person who tookadvantage from an excessive service. As a consequence, we support the objective perspective in what misbalanced services are concerned, a reason for which we shall be making a few comments on some of thenew legal provisions, by referring to the main bills on the European codification of contract law, and stating later on a few de lege ferenda proposals, in terms of contracts based on misbalanced services.

The principle of proportionality and European contract law

NARCIS (Netherlands)

Cauffman, C.; Rutgers, J.; Sirena, P.

2015-01-01

The paper investigates the role of the principle of proportionality within contract law, in balancing the rights and obligations of the contracting parties. It illustrates that the principle of proportionality is one of the general principles which govern contractual relations, and as such it is an

Fund managers’ contracts and short-termism

OpenAIRE

Casamatta, Catherine; Pouget, Sébastien

2009-01-01

This paper considers the problem faced by long-term investors who have to delegate the management of their money to professional fund managers. Investors can earn profits if fund managers collect long-term information. We investigate to what extent the delegation of fund management prevents long-term information acquisition, inducing short-termism. We also study the design of long-term fund managers' compensation contracts. Absent moral hazard, short-termism arises only because of the cost...

48 CFR 1427.304-1 - General.

Science.gov (United States)

2010-10-01

... Solicitor for the General Law Division shall issue a final determination, after consideration of any further... Section 1427.304-1 Federal Acquisition Regulations System DEPARTMENT OF THE INTERIOR GENERAL CONTRACTING REQUIREMENTS PATENTS, DATA, AND COPYRIGHTS Patent Rights Under Government Contracts. 1427.304-1 General. (a)(1...

48 CFR 47.104-3 - Cost-reimbursement contracts.

Science.gov (United States)

2010-10-01

... 48 Federal Acquisition Regulations System 1 2010-10-01 2010-10-01 false Cost-reimbursement... CONTRACT MANAGEMENT TRANSPORTATION General 47.104-3 Cost-reimbursement contracts. (a) 49 U.S.C. 10721 and... accrues to the Government, i.e., the Government shall pay the charges or directly and completely reimburse...

Russian Contract Law for Foreigners

Directory of Open Access Journals (Sweden)

Andrey Shirvindt

2015-01-01

Full Text Available The book by Maria Efremova, Svetlana Yakovleva and Jane Henderson aims to serve as a short introduction to Russian contract law for a foreign lawyer. Assuming that the target readership are mainly English lawyers the book’s second aim, expressly stated by the authors (pp. i, 1, is to make lawyers from common law countries familiar with codified law, with Russian law being just an example. The book covers most of the general law of obligations as well as some questions of formation and invalidity of contracts that belong to the general part of the Civil Сode, with this preceded by a brief introduction into the Russian law dealing with its history, federal structure and state agencies of Russia, its court system, sources of law and legal profession.

49 CFR 1313.7 - Contract summary for grain products-involving a port.

Science.gov (United States)

2010-10-01

... the contract. (ii) The termination date of the contract, and any terms for automatic extension or... type (e.g. single-car, multiple-car, unit-train) or minimum volume requirements. (6) Special features..., guaranteed car supply, minimum percentage of traffic requirements, credit terms, discounts, etc. (7) Rail car...

Supersymmetry, quantum gauge anomalies and generalized Chern-Simons terms in chiral gauge theory

International Nuclear Information System (INIS)

Schmidt, Torsten

2009-01-01

The purpose of this thesis is to investigate the interplay of anomaly cancellation and generalized Chern-Simons terms in four-dimensional chiral gauge theory. We start with a detailed discussion of generalized Chern-Simons terms with the canellation of anomalies via the Green-Schwarz mechanism. With this at hand, we investigate the situation in general N=1 supersymmetric field theories with generalized Chern-Simons terms. Two simple consistency conditions are shown to encode strong constraints on the allowed anomalies for different types of gauge groups. In one major part of this thesis we are going to display to what extent one has to modify the existing formalism in order to allow for the cancellation of quantum gauge anomalies via the Green-Schwarz mechanism. At the end of this thesis we comment on a puzzle in the literature on supersymmetric field theories with massive tensor fields. The potential contains a term that does not arise from eliminating an auxiliary field. We clarify the origin of this term and display the relation to standard D-term potential. In an appendix it is explicitly shown how these low energy effective actions might be connected to the formulation of four-dimensional gauge theories discussed at earlier stages of this thesis. (orig.)

Pro short-term procurement - Broker/trader

International Nuclear Information System (INIS)

Hoellen, E.E.

1990-01-01

The author presents his opinion on the issue of short-term versus long-term procurement of uranium and enrichment and the impact on reliability of supply. The progression of the market has been one of increasing commoditization. Utility buyers have moved towards purchasing uranium on the spot market and linking long-term contracts to spot-market pricing. There is some logic to the argument that utilities and the industry in general would be best served by this approach. Inventories would be worked off much more quickly, and unnecessary supply would be shut off until prices recovered to profitable levels. The result would be a healthier market with no detriment to the reliability of supply

Balancing Government Risks with Contractor Incentives in Performance-Based Logistics Contracts

National Research Council Canada - National Science Library

Gardner, Christopher P

2008-01-01

...: the PBL goal of developing long-term partnerships that encourage investment from commercial partners is best achieved through lengthy, guaranteed contracts -- but such contracts increase the DoD's...

48 CFR 52.232-26 - Prompt payment for fixed-price architect-engineer contracts.

Science.gov (United States)

2010-10-01

...-price architect-engineer contracts. 52.232-26 Section 52.232-26 Federal Acquisition Regulations System... Text of Provisions and Clauses 52.232-26 Prompt payment for fixed-price architect-engineer contracts...-Engineer Contracts (OCT 2008) Notwithstanding any other payment terms in this contract, the Government will...

The Suitability of the Remedy of Specific Performance to Breach of a "Player's Contract" with Specific Reference to the Mapoe and Santos cases

Directory of Open Access Journals (Sweden)

K Mould

2011-04-01

Full Text Available During the 1990s, rugby union formation in the Republic of South Africa developed rapidly from a system of strict amateurism to one of professionalism. Professional participants in the sport received salaries for participation, and rugby became a business like any other. As in all forms of business, rugby had to be regulated moreefficiently than had previously been the case. Tighter regulations were instituted by governing bodies, and ultimately labour legislation became applicable to professional rugby. A professional sportsman or woman participating in a team sport is generallyconsidered an employee. This means that the same principles that govern employees in general should also apply to professional sportsmen and women. The exact nature of the "player's contract", a term generally used to describe the contract of employment between a professional sportsman or sportswoman and his or her employer, deserves closer attention. It has been argued with much merit that the "player's contract", while in essence a contract of employment, possesses certain sui generis characteristics. The first aim of this article is to demonstrate how this statement is in fact a substantial one. If it is concluded that the "player's contract" isin fact a sui generis contract of employment, the most suitable remedy in case of breach of contract must be determined. The second aim of this article is to indicate why the remedy of specific performance, which is generally not granted in cases where the defaulting party has to provide services of a personal nature, is the most suitable remedy in case of breach of "player's contracts". To substantiate this statement, recent applicable case law is investigated and discussed, particularly the recent case of Vrystaat Cheetahs (Edms Beperk v Mapoe. Suggestions are finally offered as to how breach of "player's contracts" should be approached by South African courts in future.

48 CFR 1603.7003 - Contract clause.

Science.gov (United States)

2010-10-01

... HEALTH BENEFITS ACQUISITION REGULATION GENERAL IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF INTEREST Misleading, Deceptive, or Unfair Advertising 1603.7003 Contract clause. The clause at 1652.203-70...

48 CFR 1215.603 - General.

Science.gov (United States)

2010-10-01

... 1215.603 Federal Acquisition Regulations System DEPARTMENT OF TRANSPORTATION CONTRACTING METHODS AND CONTRACT TYPES CONTRACTING BY NEGOTIATION Unsolicited Proposals 1215.603 General. DOT will accept unsolicited proposals from any entity for review and consideration. However, DOT will not pay any costs...

48 CFR 2819.7001 - General.

Science.gov (United States)

2010-10-01

... BUSINESS PROGRAMS Forecasts of Expected Contract Opportunities 2819.7001 General. Section 501 of Public Law 100-656, the Business Opportunity Development Reform Act of 1988, requires executive agencies having... expected contract opportunities, or classes of contract opportunities that small business concerns...

Some results on a general iterative method for k-strictly pseudo-contractive mappings

OpenAIRE

Jung Jong Soo

2011-01-01

Abstract Let H be a Hilbert space, C be a closed convex subset of H such that C ± C ⊂ C, and T : C → H be a k-strictly pseudo-contractive mapping with F(T) ≠ ∅ for some 0 ≤ k < 1. Let F : C → C be a κ-Lipschitzian and η-strongly monotone operator with κ > 0 and η > 0 and f : C → C be a contraction with the contractive constant α ∈ (0, 1). Let , and τ < 1. Let {αn } and {βn } be sequen...

The Dynamics of Franchise Contracting: Evidence from Panel Data

OpenAIRE

Francine Lafontaine; Kathryn L. Shaw

1996-01-01

In this paper, we model the determinants of franchise contract terms, namely royalty rates and franchise fees, using a unique panel data set of about 1000 franchisors for the period 1980-1992. We focus on the extent to which firms adjust the terms of their contracts as they become better established, and find that adjustment is relatively infrequent and that firms do not systematically raise or lower their royalty rates or franchise fees when they do adjust them. These results tend to refute ...

LEGAL REGULATION OF ADMINISTRATIVE CONTRACTS IN BOSNIA AND HERZEGOVINA

Directory of Open Access Journals (Sweden)

Edina Šehrić

2016-09-01

Full Text Available The institute of administrative contract was mentioned for the first time in the legislation of our country in the Preliminary Draft to the Law on Amandments of the Law on Administrative Procedure of Bosnia and Herzegovina from 2012. Although insufficiently, the first step is made towards fullfillment of the reform requirements in the area of admisitrative procedure on the way to the European integration and in accordance with the changed role of administration and the need for improvement of cooperation between the administration and citizens, or legal entities. In Bosnia and Herzegovina there is still no general legal regulation of administrative contracts, but administrative contracts are subjects to specific laws and as such already exist in the legal system. After some introductory remarks, the paper deals with the concept and characteristics of administrative contracts, and also presents legal regulation of administrative contracts highlighting their specificities and differences in relation to private law contracts. The importance of general legal norm governing administrative contracts is especially emphasized, as well as their importance for reform processes in our country. Accordingly, the importance of introducing a complaint as a legal remedy that a client can use if the public authority fails to meet contractual obligations is pointed out, but also the possibility of judicial protection in case of legal dispute.

GSA eLibrary Schedules and Contracts

Data.gov (United States)

General Services Administration — GSA eLibrary (formerly Schedules e-Library) is the online source for the latest contract award information for: GSA Schedules; Department of Veterans Affairs (VA)...

On Deformations and Contractions of Lie Algebras

Directory of Open Access Journals (Sweden)

Marc de Montigny

2006-05-01

Full Text Available In this contributed presentation, we discuss and compare the mutually opposite procedures of deformations and contractions of Lie algebras. We suggest that with appropriate combinations of both procedures one may construct new Lie algebras. We first discuss low-dimensional Lie algebras and illustrate thereby that whereas for every contraction there exists a reverse deformation, the converse is not true in general. Also we note that some Lie algebras belonging to parameterized families are singled out by the irreversibility of deformations and contractions. After reminding that global deformations of the Witt, Virasoro, and affine Kac-Moody algebras allow one to retrieve Lie algebras of Krichever-Novikov type, we contract the latter to find new infinite dimensional Lie algebras.

Book-Smart, Not Street-Smart: Blockchain-Based Smart Contracts and The Social Workings of Law

Directory of Open Access Journals (Sweden)

Karen E. C. Levy

2017-02-01

Full Text Available This paper critiques blockchain-based “smart contracts,” which aim to automatically and securely execute obligations without reliance on a centralized enforcement authority. Though smart contracts do have some features that might serve the goals of social justice and fairness, I suggest that they are based on a thin conception of what law does, and how it does it. Smart contracts focus on the technical form of contract to the exclusion of the social contexts within which contracts operate, and the complex ways in which people use them. In the real world, contractual obligations are enforced through all kinds of social mechanisms other than formal adjudication—and contracts serve many functions that are not explicitly legal in nature, or even designed to be formally enforced. I describe three categories of contracting practices in which people engage (the inclusion of facially unenforceable terms, the inclusion of purposefully underspecified terms, and willful nonenforcement of enforceable terms to illustrate how contracts actually “work.” The technology of smart contracts neglects the fact that people use contracts as social resources to manage their relations. The inflexibility that they introduce, by design, might short-circuit a number of social uses to which law is routinely put. Therefore, I suggest that attention to the social and relational contexts of contracting are essential considerations for the discussion, development, and deployment of smart contracts.

Expectations and obligations: professionalism and medicine's social contract with society.

Science.gov (United States)

Cruess, Richard L; Cruess, Sylvia R

2008-01-01

As health care has become of great importance to both individual citizens and to society, it has become more important to understand medicine's relationship to the society it serves in order to have a basis for meaningful dialogue. During the past decade, individuals in the medical, legal, social sciences, and health policy fields have suggested that professionalism serves as the basis of medicine's relationship with society, and many have termed this relationship a social contract. However, the concept of medicine's social contract remains vague, and the implications of its existence have not been fully explored. This paper endorses the use of the term social contract, examines the origin of the concept and its relationship to professionalism, traces its evolution and application to medicine, describes the expectations of the various parties to the contract, and explores some of the implications of its use.

76 FR 4112 - Federal Acquisition Regulation; Submission for OMB Review; Contract Financing

Science.gov (United States)

2011-01-24

...; Submission for OMB Review; Contract Financing AGENCIES: Department of Defense (DOD), General Services... approved information collection requirement concerning contract financing. A notice was published in the... substantially changed the statutory authorities for Government financing of contracts. Sections 2001(f) and 2051...

A new type of contraction in a complete $G$-metric space

Directory of Open Access Journals (Sweden)

Nidhi Malhotra

2015-09-01

Full Text Available In this paper we extend and generalize the concept of $F$-contraction to $F$-weak contraction and prove a fixed point theorem for $F$-weak contraction in a complete $G$-metric space. The article includes a nontrivial example which verify the effectiveness and applicability of our main result.

48 CFR 1315.603 - General.

Science.gov (United States)

2010-10-01

... 1315.603 Federal Acquisition Regulations System DEPARTMENT OF COMMERCE CONTRACTING METHODS AND CONTRACT TYPES CONTRACTING BY NEGOTIATION Unsolicited Proposals 1315.603 General. DOC will accept for review and consideration unsolicited proposals from any entity. DOC will not pay any costs associated with the preparation...

Contractions of quantum algebraic structures

International Nuclear Information System (INIS)

Doikou, A.; Sfetsos, K.

2010-01-01

A general framework for obtaining certain types of contracted and centrally extended algebras is reviewed. The whole process relies on the existence of quadratic algebras, which appear in the context of boundary integrable models. (Abstract Copyright [2010], Wiley Periodicals, Inc.)

29 CFR 780.126 - Contract arrangements for raising poultry.

Science.gov (United States)

2010-07-01

... 29 Labor 3 2010-07-01 2010-07-01 false Contract arrangements for raising poultry. 780.126 Section... General Scope of Agriculture Raising of Livestock, Bees, Fur-Bearing Animals, Or Poultry § 780.126 Contract arrangements for raising poultry. Feed dealers and processors sometimes enter into contractual...

48 CFR 36.207 - Pricing fixed-price construction contracts.

Science.gov (United States)

2010-10-01

... 48 Federal Acquisition Regulations System 1 2010-10-01 2010-10-01 false Pricing fixed-price... Contracting for Construction 36.207 Pricing fixed-price construction contracts. (a) Generally, firm-fixed... methods. (b) Lump-sum pricing shall be used in preference to unit pricing except when— (1) Large...

Multiscale forward electromagnetic model of uterine contractions during pregnancy

International Nuclear Information System (INIS)

La Rosa, Patricio S; Eswaran, Hari; Preissl, Hubert; Nehorai, Arye

2012-01-01

Analyzing and monitoring uterine contractions during pregnancy is relevant to the field of reproductive health assessment. Its clinical importance is grounded in the need to reliably predict the onset of labor at term and pre-term. Preterm births can cause health problems or even be fatal for the fetus. Currently, there are no objective methods for consistently predicting the onset of labor based on sensing of the mechanical or electrophysiological aspects of uterine contractions. Therefore, modeling uterine contractions could help to better interpret such measurements and to develop more accurate methods for predicting labor. In this work, we develop a multiscale forward electromagnetic model of myometrial contractions during pregnancy. In particular, we introduce a model of myometrial current source densities and compute its magnetic field and action potential at the abdominal surface, using Maxwell’s equations and a four-compartment volume conductor geometry. To model the current source density at the myometrium we use a bidomain approach. We consider a modified version of the Fitzhugh-Nagumo (FHN) equation for modeling ionic currents in each myocyte, assuming a plateau-type transmembrane potential, and we incorporate the anisotropic nature of the uterus by designing conductivity-tensor fields. We illustrate our modeling approach considering a spherical uterus and one pacemaker located in the fundus. We obtained a travelling transmembrane potential depolarizing from −56 mV to −16 mV and an average potential in the plateau area of −25 mV with a duration, before hyperpolarization, of 35 s, which is a good approximation with respect to the average recorded transmembrane potentials at term reported in the technical literature. Similarly, the percentage of myometrial cells contracting as a function of time had the same symmetric properties and duration as the intrauterine pressure waveforms of a pregnant human myometrium at term. We introduced a multiscale

Invalidity of contract: legislative regulation and types

Directory of Open Access Journals (Sweden)

Василь Іванович Крат

2017-09-01

Full Text Available Invalidity contracts always attracted attention researchers. Without regard to it, in modern conditions there is an enormous layer of the problems related to invalidity contract, that to require a doctrine and utilitarian comprehension. The article is sanctified to research invalidity contract. In the article analyses problems of the legislative regulation and types of invalidity contract through the prism of judicial practice. In the Civil code of Ukraine, a voidable contract sets as a common rule. A voidable of the contract is incarnated in the so-called «virtual» invalidity when only the most typical grounds are enumerated. However, even such approach does not allow to overcome all possible cases that arise up in practice. Such situation touches possibility of voidable contracts concluded with the purpose of to shut out the appeal of claim to the property of the debtor. Therefore it follows to set general rules in relation to voidable contracts of the debtor. A nullity of the contract takes place only in the case when there is the direct pointing of law on the qualification of that or another contract as the nullity. The nullity of contract in the Civil code of Ukraine is constructed by means of «textual» invalidity. There are no single attempts to use the construction of «virtual» invalidity in judicial practice when there is the direct pointing of law on the qualification of that or another contract as the nullity, that is impermissible. Methodologically incorrectly to carry out identifying of invalidity contract and obligation with the aim of providing of application of different after the rich in content filling norms.

Improved contraction schemes for projected entangled pair states

Energy Technology Data Exchange (ETDEWEB)

Lubasch, Michael; Cirac, Juan Ignacio; Banuls, Mari-Carmen [Max Planck Institute of Quantum Optics, Hans-Kopfermann-Strasse 1, 85748 Garching (Germany)

2013-07-01

Projected Entangled Pair States (PEPS) represent the natural generalization of Matrix Product States (MPS) in higher dimensions. The strength of MPS in the numerical simulation of 1D quantum many-body systems is well established, as they are the variational class of states underlying the Density Matrix Renormalization Group and the latter is nowadays considered numerically exact for systems comprising hundreds of quantum particles. In algorithms based on MPS or PEPS, the bond dimension D of the state determines the number of variational parameters and the computational cost. While bond dimensions on the order of hundreds and thousands are feasible with MPS, standard 2D PEPS algorithms are limited to values in the range 2 to 6 due to the much worse scaling of the computational cost with D. Recently, a new algorithm based on an alternative contraction has been proposed that reduces this cost significantly. It resorts to the single-layer picture where the contraction is done in ket and bra separately. We investigate the advantages and disadvantages of this algorithm which can be understood in terms of the PEPS's boundary approximation.

Post contract / Project management in Nuclear Malaysia

International Nuclear Information System (INIS)

Mohd Jamil Hashim

2010-01-01

Full-text: Post contract is a period from issuance certificate of practical completion until final statement of account of the project. If this procedure not completed the whole project will at large, create customers un-satisfaction, contractual obligation not complied, record not completed and financial setback. With the usage terms of contract, standard JKR circulars, treasury circulars and JKR quality manual BKJ will produce new Standard operating procedure, SOP with regards to these matters. In doing so it shall increase customer satisfaction and reduce time to finalise project and provide good record system. Keywords: Post contract, certificate of practical completion, final account, customer satisfaction, Standard operating procedure. (author)

Custom, contract, and kidney exchange.

Science.gov (United States)

Healy, Kieran; Krawiec, Kimberly D

2012-01-01

In this Essay, we examine a case in which the organizational and logistical demands of a novel form of organ exchange (the nonsimultaneous, extended, altruistic donor (NEAD) chain) do not map cleanly onto standard cultural schemas for either market or gift exchange, resulting in sociological ambiguity and legal uncertainty. In some ways, a NEAD chain resembles a form of generalized exchange, an ancient and widespread instance of the norm of reciprocity that can be thought of simply as the obligation to “pay it forward” rather than the obligation to reciprocate directly with the original giver. At the same time, a NEAD chain resembles a string of promises and commitments to deliver something in exchange for some valuable consideration--that is, a series of contracts. Neither of these salient "social imaginaries" of exchange--gift giving or formal contract--perfectly meets the practical demands of the NEAD system. As a result, neither contract nor generalized exchange drives the practice of NEAD chains. Rather, the majority of actual exchanges still resemble a simpler form of exchange: direct, simultaneous exchange between parties with no time delay or opportunity to back out. If NEAD chains are to reach their full promise for large-scale, nonsimultaneous organ transfer, legal uncertainties and sociological ambiguities must be finessed, both in the practices of the coordinating agencies and in the minds of NEAD-chain participants. This might happen either through the further elaboration of gift-like language and practices, or through a creative use of the cultural form and motivational vocabulary, but not necessarily the legal and institutional machinery, of contract.

48 CFR 46.706 - Warranty terms and conditions.

Science.gov (United States)

2010-10-01

... CONTRACT MANAGEMENT QUALITY ASSURANCE Warranties 46.706 Warranty terms and conditions. (a) To facilitate... are included in a contract (except contracts for commercial items), all implied warranties of... 48 Federal Acquisition Regulations System 1 2010-10-01 2010-10-01 false Warranty terms and...

The contract of reactor design in Yonggwang - 3. 4 nuclear power plant

International Nuclear Information System (INIS)

1987-01-01

This contract document consist of five chapters which have contract clauses. It includes definition of the terms, insurance, the cancellation of contracts and management of the business in the first chapter. The second chapter deals with provision, including the scope of the supply and schedule, test, guarantee, the condition of delivery and transfer of ownership and rejection and exchange. The third chapter is about an agreement on prices, the terms of prices and a tax. The fourth chapter describes provision of services. The last is about the introduction of technology.

Analysis of Government Accountability Office and Department of Defense Inspector General Reports and Commercial Sources on Service Contracts

Science.gov (United States)

2010-06-01

Acquisition Research Program BIM Building Information Modeling COR Contracting Officer Representative DoD Department of Defense FPDS...WBS), performance work statements (PWS) and statement of work (SOW), market research, budget and cost estimates, determining contract type, and...contracting within this project. The recurrent best practices in contracting among all sources emphasized planning, defining requirements, market research

20 CFR 416.902 - General definitions and terms for this subpart.

Science.gov (United States)

2010-04-01

... source if your relationship with the source is not based on your medical need for treatment or evaluation... INCOME FOR THE AGED, BLIND, AND DISABLED Determining Disability and Blindness General § 416.902 General definitions and terms for this subpart. As used in this subpart— Acceptable medical source refers to one of...

Simple steps help minimize costs, risks in project contracts

International Nuclear Information System (INIS)

Camps, J.A.

1996-01-01

Contrary to prevailing opinion, risks and project financing costs can be higher for lump sum (LS) project contracts than under reimbursable-type contracts. An element-by-element analysis of the risks and costs associated with a project enables investors to develop variations of reimbursable contracts. Project managers can use this three-step procedure, along with other recommendations, to measure the hidden project costs and risks associated with LS contracts. The author bases his conclusions on case studies of recent projects in the petroleum refining and petrochemical industries. The findings, however, are general enough to be applicable in other industrial sectors

77 FR 12925 - Federal Acquisition Regulation; Proper Use and Management of Cost-Reimbursement Contracts

Science.gov (United States)

2012-03-02

...-Reimbursement Contracts AGENCIES: Department of Defense (DoD), General Services Administration (GSA), and... addresses the use and management of cost- reimbursement contracts. DATES: Effective Date: April 2, 2012 FOR...-reimbursement contracts in the following three areas: 1. Circumstances when cost-reimbursement contracts are...

Claims settlement in insurance contracts from a consumer protection perspective in Cameroon

Directory of Open Access Journals (Sweden)

Comfort Fuah Kwanga

2017-10-01

Full Text Available Everyone in the society is faced with the possibility of one or more hazards that are part of life will sooner or later befall him and may occasion some loss. This misfortune is uncertain as to the time and period when it will occur and this amongst others include: fire outbreak, accident, and even death. This necessitates the need for people to go for insurance policies which suit their various needs in order to permit compensation in case of loss. Most consumers of insurance products are “short changed” in the process because very few take the trouble to read through their insurance policies in order to ascertain and understand the terms and conditions. The result is that most often when a claim arises and it is discovered that the loss is not covered by the terms of the insurance contract, there is the tendency of blaming the insurance companies. This paper posits that: there are of course some “bad eggs” in the industry who manipulate consumers. However, the paper holds that this unpleasant quagmire is often due to lack of understanding of the terms of insurance contracts in general and consumer apathy in particular. The essence of this study is to re-iterate the need to communicate the rules of the insurance game, thereby minimizing some of the misunderstanding and problems faced by consumers.

48 CFR 32.501-5 - Other protective terms.

Science.gov (United States)

2010-10-01

..., Advance Payments. (e) A provision, included in the solicitation and resultant contract when first article... 48 Federal Acquisition Regulations System 1 2010-10-01 2010-10-01 false Other protective terms. 32... CONTRACTING REQUIREMENTS CONTRACT FINANCING Progress Payments Based on Costs 32.501-5 Other protective terms...

48 CFR 1313.201 - General.

Science.gov (United States)

2010-10-01

... 1313.201 Federal Acquisition Regulations System DEPARTMENT OF COMMERCE CONTRACTING METHODS AND CONTRACT... General. DOC employees, other than warranted contracting officers, must be delegated micro-purchase authority by the designee set forth in CAM 1301.70 according to FAR 1.603-3(b), and must be trained pursuant...

48 CFR 801.602-70 - General review requirements.

Science.gov (United States)

2010-10-01

... 48 Federal Acquisition Regulations System 5 2010-10-01 2010-10-01 false General review... AFFAIRS GENERAL DEPARTMENT OF VETERANS AFFAIRS ACQUISITION REGULATION SYSTEM Career Development, Contracting Authority, and Responsibilities 801.602-70 General review requirements. (a) Contracting officers...

Game-Theoretic Models for Usage-based Maintenance Contract

Science.gov (United States)

Husniah, H.; Wangsaputra, R.; Cakravastia, A.; Iskandar, B. P.

2018-03-01

A usage-based maintenance contracts with coordination and non coordination between two parties is studied in this paper. The contract is applied to a dump truck operated in a mining industry. The situation under study is that an agent offers service contract to the owner of the truck after warranty ends. This contract has only a time limit but no usage limit. If the total usage per period exceeds the maximum usage allowed in the contract, then the owner will be charged an additional cost. In general, the agent (Original Equipment Manufacturer/OEM) provides a full coverage of maintenance, which includes PM and CM under the lease contract. The decision problem for the owner is to select the best option offered that fits to its requirement, and the decision problem for the agent is to find the optimal maintenance efforts for a given price of the service option offered. We first find the optimal decisions using coordination scheme and then with non coordination scheme for both parties.

Supply contract and portfolio insurance

Science.gov (United States)

Runsheng Yin; Bob Izlar

2001-01-01

The long-term growth of institutional timberland investments depends on the ability of timberland investment management organizations (TIMO) to deal effectively with securitization, leveraging, arbitraging, supply contracting, portfolio insurance, tax efficiency enhancement, and other issues. Financial engineering holds great promise for many of these issues. This...

A Module Language for Typing by Contracts

Science.gov (United States)

Glouche, Yann; Talpin, Jean-Pierre; LeGuernic, Paul; Gautier, Thierry

2009-01-01

Assume-guarantee reasoning is a popular and expressive paradigm for modular and compositional specification of programs. It is becoming a fundamental concept in some computer-aided design tools for embedded system design. In this paper, we elaborate foundations for contract-based embedded system design by proposing a general-purpose module language based on a Boolean algebra allowing to define contracts. In this framework, contracts are used to negotiate the correctness of assumptions made on the definition of a component at the point where it is used and provides guarantees to its environment. We illustrate this presentation with the specification of a simplified 4-stroke engine model.

29 CFR 4.112 - Contracts to furnish services “in the United States.”

Science.gov (United States)

2010-07-01

... Application of the McNamara-O'Hara Service Contract Act Covered Contracts Generally § 4.112 Contracts to furnish services “in the United States.” (a) The Act and the provisions of this part apply to contract... Act. (b) A service contract to be performed in its entirety outside the geographical limits of the...

CONTRACTING OF FOREIGNERS DURING LAUNCHING THE PROJECT OF COLONISTS’RESETTLEMENT TO RUSSIA (1760s

Directory of Open Access Journals (Sweden)

О К Ермакова

2017-12-01

Full Text Available The article presents a comparative analysis of different kinds of contracts concluded du-ring the resettlement of foreign colonists to Russia in the 1760s. The agreements are classi-fi ed and characterized in terms of form, structure of content and composition of counterparts. The content of the contracts is correlated with the legislative norms as well as with other sourc-es, which infl uenced the creation of such a kind of document. The paper studies the agreements with different subcategories of foreign colonists: manufacturers, recruiters (“vyzyvateli”, plowmen. The author demonstrates the process of the rights and obligations establishment in the contracts as well as how the working-out and discussion of conditions were conducted, fi nally - in what degree the foreigners could infl uence the results. If, for example, the foreign specialists, who were hired to the Russian service temporarily, had more chances to change and improve the terms of contracts, in the case of foreign colonists, the latter ones more often just had to accept the conditions offered by the government. The author concludes that the agreements with manufacturers in many ways were similar to those with hired foreign specialists; contracts with “vyzyvateli” were the most unifi ed and, with rare exceptions, strictly corre-sponded to the form determined by the law. The paper reveals the specifi cs of the content of contracts, in particular, chapters concern-ing the subject of agreement (the main task of a foreigner was to cultivate land, to organize a factory or to attract colonists-farmers, obligation of transferring knowledge and experience to Russian pupils, fi nancial issues, conditions of trade, possibilities of leaving Russia and ac-tions in the case of foreigner’s death.The author shows the involvement of agreements with colonists in the general develop-ment of contractual relationships between the state and foreigners as members of the Russian

A Comparative Analysis of the Ethos, Role and Function of Implied Obligations in Shipping Law and General Law of Contract

OpenAIRE

Ndi, George; Alawneh, Tariq

2015-01-01

The law governing the international carriage of goods by sea is deeply rooted in the doctrine of freedom of contract. The historical origins of the shipping industry itself can be traced to the era of 'laissez faire' in which contractual practice, based on negotiated terms and conditions, was free from the regulatory constraints of the state. It is for this reason that to this day modern shipping law is still rooted in the common law and customary trade usages with very limited statutory infl...

24 CFR 982.403 - Terminating HAP contract when unit is too small.

Science.gov (United States)

2010-04-01

... 24 Housing and Urban Development 4 2010-04-01 2010-04-01 false Terminating HAP contract when unit... Terminating HAP contract when unit is too small. (a) Violation of HQS space standards. (1) If the PHA... by the family, the PHA must terminate the HAP contract in accordance with its terms. (b) Certificate...

48 CFR 1552.217-74 - Option for increased quantity-cost-plus-award-fee contract.

Science.gov (United States)

2010-10-01

... quantity-cost-plus-award-fee contract. 1552.217-74 Section 1552.217-74 Federal Acquisition Regulations... Texts of Provisions and Clauses 1552.217-74 Option for increased quantity—cost-plus-award-fee contract. As prescribed in 1517.208(e), insert this contract clause in cost-plus-award-fee term contracts when...

48 CFR 52.212-4 - Contract Terms and Conditions-Commercial Items.

Science.gov (United States)

2010-10-01

... not give the Government any right to audit the Contractor's records. The Contractor shall not be paid... fails to provide the Government, upon request, with adequate assurances of future performance. In the... and the Contracting Officer approves overtime work in advance, overtime rates shall be negotiated. (2...

Banking contracts

OpenAIRE

Durčáková, Klára

2010-01-01

Resumé - Bank Contracts Bank Contracts are an integral part of our everyday lives. Citizen and bussines entities used bank contracts very often. Despite this fact we can't find legal definition in the Czech law. Banking contracts understand contracts that are signed by banks in their business activities and obligations under these contracts arise. While the banking contracts have been widely used, in Czech law there is not too much literature and judgements abou this issue. Lack of legislatio...

General relativity from a gauged Wess-Zumino-Witten term

International Nuclear Information System (INIS)

Anabalon, Andres; Willison, Steven; Zanelli, Jorge

2007-01-01

In this paper two things are done. First it is shown how a four-dimensional gauged Wess-Zumino-Witten term arises from the five-dimensional Einstein-Hilbert plus Gauss-Bonnet Lagrangian with a special choice of the coefficients. Second, the way in which the equations of motion of four-dimensional General Relativity arise is exhibited

Pricing structures in US coal supply contracts

Science.gov (United States)

Kacker, Kanishka

The subject of my dissertation is the study of coal procurement by electric utilities in the US over 2 decades, from 1979 to 2000. Energy markets are typically characterized by severe contracting problems. Buyers and sellers therefore employ various instruments, such as contract length or complex pricing arrangements, to restrict these problems. Relationship specific investment, wherein buyers make investments specific to their suppliers, has been advanced as a prominent explanation for contractual length. Investment decisions are however endogenous in length or pricing, making causal identification of the role of investment specificity difficult. In my first chapter, I attempt a resolution. I use the 1990 Clean Air Act Amendment as an exogenous shifter of the extent of relationship specific investment. A key feature of the Amendment's design helps me define a difference-in-difference model arguably free of the endogeneity issues discussed above. I find that the plants forced into switching - Phase I plants located in the US Midwest - are more likely to choose fixed price contracts than those that were not. Further they also write contracts of shorter terms, with the reduction being approximately 30%. Considerably little is known about the performance implications of contractual choices. These form the basis for Chapter 2. Here I find prices to be lower, by between 5% to 20% of the total transaction price, but the probability of renegotiation higher, under fixed price contracts than under escalator or cost-plus contracts. Contract choices appear consistent with a trade-off between establishing incentives ex-ante and lowering negotiation costs ex-post, with relationship specific investments in particular making such a trade-off compelling. Chapter 3 considers the regulatory environment these utilities were subject to. Both incentive based regulation as well as the restructuring of electricity generation are smaller in comparison to relationship specific investment

Control of Standard Terms in Consumer Contracts in Vietnamese Law: Lessons Learnt from European Experiences

NARCIS (Netherlands)

Do Giang, N.|info:eu-repo/dai/nl/370632516

2017-01-01

Nowadays, standard form consumer contracts are so ubiquitous in the modern society that a person virtually cannot participate in ordinary life without them. However, the major disadvantages of standard form contracts are that they lack meaningful consent, and they are unfair to the detriment of the

Startpoints via weak contractions

OpenAIRE

Agyingi, Collins Amburo; Gaba, Yaé Ulrich

2018-01-01

Startpoints (resp. endpoints) can be defined as "oriented fixed points". They arise naturally in the study of fixed for multi-valued maps defined on quasi-metric spaces. In this article, we give a new result in the startpoint theory for quasi-pseudometric spaces. The result we present is obtained via a generalized weakly contractive set-valued map.

A 'new' psychological contract for nurses: some management implications.

Science.gov (United States)

Cavanagh, S J

1996-03-01

Changes within the health services are raising a number of employment issues for nurses. The idea that a professional qualification and a job will lead to security of employment and career development is rapidly changing. These assumptions, the 'old' psychological contract, is giving way to new expectations from employers and employees; the emergence of a 'new' psychological contract. A psychological contract is an implicit agreement between employer and employee that each party will treat the other fairly. Such contracts are maintained by virtue of all parties wanting to seek agreement on issues where possible and to maintain trust. While such a contract is not a legally binding agreement it is nonetheless a binding understanding between people. Changes to this psychological contract can have important implications for individuals and their employer in terms of work and organizational commitment. This paper will discuss some of the issues surrounding psychological contracts and the impact of violating them. It will also discuss, from a management perspective, how psychological contracts develop between employer and employee, and how to form a 'new' psychological contract based upon mutual benefit and shared values.

Exchange relationships: examining psychological contracts and perceived organizational support.

Science.gov (United States)

Coyle-Shapiro, Jacqueline A-M; Conway, Neil

2005-07-01

The authors surveyed 347 public sector employees on 4 measurement occasions to investigate the conceptual distinctiveness of the psychological contract and perceived organizational support (POS) and how they are associated over time. Results support the distinctiveness of the 2 concepts. In terms of their interrelationships over time, by drawing on psychological contract theory the authors found little support for a reciprocal relationship between POS and psychological contract fulfillment. Under an alternative set of hypotheses, by drawing on organizational support theory and by separating psychological contract fulfillment into its 2 components (perceived employer obligations and inducements), the authors found that perceived employer inducements were positively related to POS, which, in turn, was negatively related to perceived employer obligations. The results suggest that POS and the components of psychological contract fulfillment are more important in predicting organizational citizenship behavior than psychological contract fulfillment. Copyright 2005 APA, all rights reserved.

12 CFR 361.4 - What contracts are eligible for this outreach program?

Science.gov (United States)

2010-01-01

... 12 Banks and Banking 4 2010-01-01 2010-01-01 false What contracts are eligible for this outreach program? 361.4 Section 361.4 Banks and Banking FEDERAL DEPOSIT INSURANCE CORPORATION REGULATIONS AND STATEMENTS OF GENERAL POLICY MINORITY AND WOMEN OUTREACH PROGRAM CONTRACTING § 361.4 What contracts are...

CONTRACT FOLLOW UP TRAINING

CERN Multimedia

Technical Training; Tel. 74460

2001-01-01

SPL is organizing Training Sessions on the Contract Follow Up application. CFU is a Web based tool, developped and supported by the Administrative Information Services. It allows the creation of Divisional Requests and the follow up of their processing, from the Market Survey to the Invitation to Tender or Price Enquiry, approval by the Finance Committee, up to the actual signature of a Contract, acccording to the CERN Purchasing procedures. It includes a document management component. It also provides link with other AIS applications such as BHT and EDH. The course is primarily intended for DPOs, Contract Technical responsibles in the division and their assistants, but is beneficial to anybody involved in the follow up of such Purchasing Procedures. This course is free of charge, but application is necessary. The details of the course may be found at http://training.web.cern.ch/Training/ENSTEC/P2001/Bureautique/cfu4_f.htm General information of CFU may be found at http://ais.cern.ch/apps/cfu/ The dates of t...

Variations in government contract in Malaysia

Directory of Open Access Journals (Sweden)

Jaspal Singh Nachatar

2010-12-01

Full Text Available The complexity of construction works means that it is hardly possible to complete a project without changes to the plans or the construction process itself. There can only be a minority of contracts of any size in which the subject matter when completed is identical in every respect with what was contemplated at the outset. As such, variations are inevitable in even the best-planned contracts. This study is attempted to examine the ways a variation was formed in law and project, in finding out whether the Standard Form of Contract used in Malaysia particularly the government Public Works Department (PWD form has been utilized to the best level in variation cases. Additionally, this study examined the benefits of variations to parties in contract and also provides suggestions and assumptions in an effort to contribute solutions to issues and problem detected. The research methodology used in this study was an extensive review of relevant literature, case study, empirical questionnaires and structured interviews and general observations based on experience and surroundings. The academic study approach incorporated stages such as initial understanding, data and information gathering, analysis of data, findings and conclusion and general suggestions in the study. The major findings of this study, among others, revealed that the existences of variations are common in projects. The main cause of variations was due to client request because of inadequate project objectives for the designer to develop comprehensive design. Besides, the analysis pointed out that the government form of contract the Public Works Department (PWD 203/203A can help in overcoming projects with variation because of the clear defined procedure. This study also found that proper planning and coordination at tender stage can minimize the risk of ‘unwanted’ variations. In conclusion, this study recommended that future research should be done in design and build based contract

Future contracts in the nuclear fuel industry

International Nuclear Information System (INIS)

Fuller, D.M.

1995-01-01

In a modern futures market, standardized contracts for future delivery of a commodity are traded through an exchange that establishes contract terms and the rules of trading. The futures contract itself is simply an agreement between a buyer and a seller in which the seller is obligated to deliver and the buyer is obligated to accept a predetermined quantity of a specified commodity at a given location on a certain date in the future for a set price. Organized futures markets aid in price discovery; provide a risk management tool for those with commercial interests in a commodity; create speculative opportunities; and contribute to competitiveness, efficiency, and fairness in trading. There are, at present, no standardized futures contracts in the nuclear fuel industry, although the concept has been discovered for years. The idea has been raised again recently in relation to the disposition of Russian uranium. Some adaptation of traditional futures contracts, traded on an exchange composed of nuclear fuel industry participants, could provide many of the benefits found in other commodity futures markets

Fabiola Gianotti (left) and President of CERN Council Agnieszka Zalewska sign Gianotti's contract as the next Director-General of CERN.

CERN Multimedia

Brice, Maximilien

2014-01-01

Fabiola Gianotti (left) and President of CERN Council Agnieszka Zalewska sign Gianotti's contract as the next Director-General of CERN. Gianotti's five-year mandate will start on 1 January 2016 (Image: Maximilien Brice/CERN) Mme Fabiola Gianotti (à gauche) et la Présidente du Conseil du CERN, Mme Agnieszka Zalewska, signent le contrat de Mme Gianotti, prochaine directrice générale du CERN. Le mandat de cinq ans de Mme Gianotti débutera le 1er janvier 2016 (Image : M Brice)

The different approaches to the FM contract

CERN Document Server

Nonis, M

2004-01-01

In July 2002 a new strategy for the maintenance and operation of the surface installations and buildings and for the provision of services has been implemented with the start up of the â€ﾜFacilities Management” contract. After almost 2 years, the first main contractor has been replaced, the scope of the contract has been slightly modified and CERN responsible has modified the way the contract is managed in order to better adapt to the existing situation and to face and solve several strategic issues. During the same time, the boundary conditions, in particular the legal ones, have forced other modifications in the general strategy. This paper, after a general and brief introduction on the Facilities Management and its objectives, focuses on the differences among the original strategy, the experience with the first contractor and the present status with the actual one. Specific examples will also be mentioned to show the modifications and the adaptation to the new conditions. Finally, an overview on t...

Making a clean break: addiction and Ulysses contracts.

Science.gov (United States)

Andreou, Chrisoula

2008-01-01

I examine current models of self-destructive addictive behaviour, and argue that there is an important place for Ulysses contracts in coping with addictive behaviour that stems from certain problematic preference structures. Given the relevant preference structures, interference based on a Ulysses contract need not involve questionably favouring an agent's past preferences over her current preferences, but can actually be justified in terms of the agent's current concerns and commitments.

THE ANALYSIS OF ORGANIC RICE CONTRACT FARMING IN CAMBODIA: A LESSON LEARNED FOR INDONESIA

Directory of Open Access Journals (Sweden)

Betti Rosita Sari

2015-12-01

Full Text Available  This study examines organic rice contract farming inCambodiaand its impact on farmers’ livelihood. The study’s objective is to gain a better insight of the terms and conditions of rice contract farming scheme inCambodia, and determine under what conditions contract farming could bring improvements to farmers’ livelihoods. This study contributes new research findings on contract farming practices and farmers’ livelihood due to organic-rice contract farming with a case study in Kampong Speu province,Cambodia.Rice contract farming is not widespread inCambodiaat present, but is expected to expand significantly in the near future. Contract farming can increase investment into agricultural and infrastructure in rural areas. Contract farming can also enable farmers to access credit, inputs, technical advice and information about market condition and pricing trends. Yet, the disadvantages of contract farming include loss of farmer bargaining power and a potential reduction in profit margins, increased emphasis on improving production quality, land consolidation in favor of participating contract farmers, and less secure livelihoods.In this study, the contract farming arrangements of Angkor Kasekam Rongroeung (AKR Company is studied. A survey of 16 contract farmers and 20 non-contract farmers in Kampong Speu province has been undertaken to examine the AKR contract farming scheme arrangements and to identify farmer’s motivations to participate in contract farming and its impact on farmers’ livelihood.AKR rice contract farming improves farmers’ livelihood because they get a higher income and rice yields. Higher price, good rice seed, and access to market are the main reasons for farmers to participate in AKR contract farming. However, strict requirements, heavy penalties, poor extension services, and lack of information about the contract terms and conditions reduce farmers’ long-term participation in contract farming. In addition

29 CFR 778.407 - The nature of the section 7(f) contract.

Science.gov (United States)

2010-07-01

... it is not in written form. Furthermore, the contract must be “bona fide.” This implies that both the making of the contract and the settlement of its terms were done in good faith. ... 29 Labor 3 2010-07-01 2010-07-01 false The nature of the section 7(f) contract. 778.407 Section...

Belene nuclear power plant contracting approach

International Nuclear Information System (INIS)

Tankosic, D.; Mignone, O.

2004-01-01

Historically, three main types of project execution and contractual approaches have been applied to energy and industrial projects, including nuclear projects. These approaches are grouped into three broad categories: 1) Turnkey Approach; 2) Split Package (Island) Approach; and 3)Multiple Package Approach. Based on a preliminary screening done by an ongoing feasibility study work for NPP Belene (NEK contract to Parsons E and C), the recommended approach is going to follow that general trend i.e., with some variation between the Split Package and the Turnkey approach. Before deciding on an execution approach or at least before issuing bid specifications for the nuclear power plant, it is prudent, even for a country with existing nuclear power program (like Bulgaria), to re-check/verify capabilities of the interested bidders to handle contracts of this size and nature. During the last decades, nuclear energy went through a substantial restructuring and most of the capabilities (human and financial) that existed before are not any more available. This re-checking should mainly cover the experience of the bidders as regards the design, construction and operation of the stations where they were involved, but also include items such as local experience, capability to bring favorable financing, liability coverage, general background, potential and organizational structures. The advantages and disadvantages for the Owner of the three contracting approaches can be briefly summarized as follows: Turnkey Approach - main advantages: all responsibilities rest in a Contractor or Consortium. Main disadvantages - limited project control by Owner and restricted local participation. For Split Package Contract Approach main advantage are more favorable financing conditions and increased local participation. Main disadvantage is the increased interface problems. For Multiple package Contract Approach main advantages are the opportunity to tailor the plant and maximum increase of local

Convergence theorems for strictly hemi-contractive maps

International Nuclear Information System (INIS)

Chidume, C.E.; Osilike, M.O.

1992-04-01

It is proved that each of two well-known fixed point iteration methods (the Mann and the Ishikawa iteration methods) converges strongly to the fixed point of strictly hemi-contractive map in real Banach spaces with property (U, λ, m+1,m), λ is an element of R, m is an element of IN. The class of strictly hemi-contractive maps includes all strictly pseudo-contractive maps with nonempty fixed point sets; and Banach spaces with property (U, λ, m+1, m), λ is an element of R, m is an element of IN include the L p (or l p ) spaces, p≥2. Our theorems generalize important known results. (author). 22 refs

Optimal Lease Contract for Remanufactured Equipment

Science.gov (United States)

Iskandar, B. P.; Wangsaputra, R.; Pasaribu, U. S.; Husniah, H.

2018-03-01

In the last two decades, the business of lease products (or equipment) has grown significantly, and many companies acquire equipment through leasing. In this paper, we propose a new lease contract under which a product (or equipment) is leased for a period of time with maximum usage per period (e.g. 1 year). This lease contract has only a time limit but no usage limit. If the total usage per period exceeds the maximum usage allowed in the contract, then the customer (as a lessee) will be charged an additional cost. In general, the lessor (OEM) provides a full coverage of maintenance, which includes PM and CM under the lease contract. It is considered that the lessor offers the lease contract for a remanufactured product. We presume that the price of the lease contract for the remanufactured product is much lower than that of a new one, and hence it would be a more attractive option to the customer. The decision problem for the lessee is to select the best option offered that fits to its requirement, and the decision problem for the lessor is find the optimal maintenance efforts for a given price of the lease option offered. We first find the optimal decisions independently for each party, and then the joint optimal decisions for both parties.

Applicability of the ''review of content'' under the law on standard terms and conditions to power availability and power supply contracts between producers and resellers; Die Anwendbarkeit der AGB-rechtlichen Inhaltskontrolle auf Leistungsvorhaltungs- und Stromliefervertraege zwischen Erzeuger und Weiterverkaeufer

Energy Technology Data Exchange (ETDEWEB)

Putzka, Florian

2009-07-01

This study deals with the applicability under the law on standard terms and conditions of the ''review of content'' to power availability and power supply contracts between producers and resellers. It addresses fundamental issues concerning the encroachment on the private autonomy of those involved as well as the hazard to the contract certainty of their contracts that is posed by the instrument of judicial review of content under the law on standard terms and conditions. The purpose of the study is to determine to what extent power availability and power supply contracts between producers and resellers are subject to a review of content by a civil judge, be it on the strength of the law on standard terms and conditions or through what is known as an extended review of content. Power supply contracts between power suppliers and final customers are left out of consideration here, even though the authors are aware of the fact that as a result of the amendment to the Energy Economy Law in 2005 and the ordinances following in its wake it is becoming more and more common for such contracts to be amenable to the law on standard terms and conditions.

29 CFR 4.113 - Contracts to furnish services “through the use of service employees.”

Science.gov (United States)

2010-07-01

... CONTRACTS Application of the McNamara-O'Hara Service Contract Act Covered Contracts Generally § 4.113... contract performance. (1) As indicated in § 4.110, the Act covers service contracts only where “service... no event be used by the contractor in providing the contract services, the Act will not be deemed...

The Terms of the Deal: A Quality Charter School Contract Defined. Authorizing Matters. Issue Brief

Science.gov (United States)

Haft, William

2009-01-01

A contract is about commitment and responsibility. It is about the commitment that two or more parties make and the responsibility to deliver on those commitments. When school developers and authorizers turn a charter application into a contract, the relationship transforms: it shifts from aspiration to expectation and from theory to practice. The…

Specific performance as a primary remedy in the South African law of contract

Directory of Open Access Journals (Sweden)

Jean Chrysostome Kanamugire

2015-07-01

Full Text Available Specific performance is a primary remedy for breach of contract available for the aggrieved party. This order emphasises the performance of contractual obligations. Although the plaintiff can elect to claim specific performance from the defendant, the court has a discretion to grant or decline the order of specific performance. The discretion must be exercised judicially and does not confine on rigid rules. Courts decide each case according to its own facts and circumstances. Plaintiff has a right of election whether to claim specific performance from the defendant or damages for breach of contract. The defendant does not enjoy any choice in this matter. As a general rule, specific performance is not often awarded in the contract of services. However, recent developments have demonstrated that specific performance will usually be granted in employment contracts if there is equality of bargaining power among contracting parties and such order will not produce undue hardship to the defaulting party. Public policy generally favours the utmost freedom of contract and requires that parties should respect or honour their contractual obligations in commercial transactions. Public policy is rooted in the constitution and can sparingly be used to strike down contracts. Specific performance should not continue to be a primary remedy for breach of contract. Contracting parties should be allowed to resile from the contract and use damages as a remedy for breach of contract

48 CFR 2409.507-2 - Contract clauses.

Science.gov (United States)

2010-10-01

... the nature of the potential conflict and the negotiated terms and duration of the limitation. The... substantially the same as the clause at 2452.209-71, Limitation on Future Contracts, in solicitations and...

26 CFR 1.72-6 - Investment in the contract.

Science.gov (United States)

2010-04-01

... 26 Internal Revenue 2 2010-04-01 2010-04-01 false Investment in the contract. 1.72-6 Section 1.72... (CONTINUED) INCOME TAXES (CONTINUED) Items Specifically Included in Gross Income § 1.72-6 Investment in the contract. (a) General rule. (1) For the purpose of computing the “investment in the contract”, it is first...

Debt renegotiation with incomplete contract

Directory of Open Access Journals (Sweden)

Paulo de Melo Jorge Neto

2005-09-01

Full Text Available A debt contract usually does not include a provision about renegotiation. The right to seize the borrower’s asset and the rules of this process are usually stipulated in the contract. Such a promise not to renegotiate is not credible since renegotiation can mitigate the dead-weight loss of liquidating insolvent borrowers. Once the initial contract may not consider the renegotiation procedure and renegotiation may occur, this paper investigates why a complete contract is not offered. It shows that the lender does not need to stipulate the renegotiation procedure on the initial contract because he is indifferent about committing or not to the terms of a contract. This indicates that a complete contract gives the lender the same expected return as an incomplete contract, in which the renegotiation process is determined after the occurrence of default.Um contrato de débito geralmente não inclui uma cláusula sobre renegociação. O direito de liquidar os ativos do tomador e as regras do processo são habitualmente estipuladas no contrato. Tal promessa de não renegociar não é crível, já que a renegociação pode mitigar a perda bruta de se liquidar tomadores insolventes. Uma vez que o contrato inicial pode não considerar os procedimentos de renegociação, e esta pode, de fato, vir a ocorrer, este artigo investiga a razão de um contrato completo não ser ofertado. Mostra-se que o emprestador não precisa estipular os procedimentos de renegociação no contrato inicial porque ele é indiferente entre se comprometer ou não aos termos do contrato. Isto indica que um contrato completo dá ao emprestador o mesmo retorno esperado de um contrato incompleto, no qual os procedimentos de renegociação são determinados após a declaração de default.

41 CFR 51-5.1 - General.

Science.gov (United States)

2010-07-01

... 41 Public Contracts and Property Management 1 2010-07-01 2010-07-01 true General. 51-5.1 Section 51-5.1 Public Contracts and Property Management Other Provisions Relating to Public Contracts... commodities, information such as the latest solicitation and amendments, bid abstracts, procurement history...

Nonprice terms and conditions

International Nuclear Information System (INIS)

Anon.

1991-01-01

In this and the following chapter the authors review some of the more common provisions contained in wheeling contracts. Here they discuss nonprice terms and conditions. In the next chapter they look at the manner in which they address the pricing issue. At the outset one should note that there is a relationship between price and nonprice terms and condition. A couple of the provisions discussed here affect the risks incurred by the wheeling utility and the price it may charge for that service. These provisions include the length of the contract, the degree to which service can be interrupted and the ability to terminate the contract early, among others. These provisions are often characterized as nonprice terms and conditions. In reality, however, these factors have a direct bearing on the overall cost of wheeling services provided

Women's Learning in Contract Work: Practicing Contradictions in Boundaryless Conditions

Science.gov (United States)

Fenwick, Tara

2008-01-01

The general rise in contractors, particularly among knowledge workers negotiating "boundaryless" employment conditions, has generated interest in the nature and forms of contract work. This article explores the learning of contract workers as they negotiate these conditions, with a focus on women. Drawing from a qualitative study of…

Generalized slow roll for noncanonical kinetic terms

International Nuclear Information System (INIS)

Hu, Wayne

2011-01-01

We show that the generalized slow roll approach for calculating the power spectrum where the inflationary slow roll parameters are neither small nor slowly varying can be readily extended to models with noncanonical kinetic terms in the inflaton action. For example, rapid sound speed variations can arise in Dirac-Born-Infeld models with features in the warp factor leading to features in the power spectrum. Nonetheless there remains a single source function for deviations that is simply related to the power spectrum. Empirical constraints on this source function can be readily interpreted in the context of features in the inflaton potential or sound speed.

Protecting autonomy as authenticity using Ulysses contracts.

Science.gov (United States)

van Willigenburg, Theo; Delaere, Patrick

2005-08-01

Pre-commitment directives or Ulysses contracts are often defended as instruments that may strengthen the autonomous self-control of episodically disordered psychiatric patients. Autonomy is understood in this context in terms of sovereignty ("governing" or "managing" oneself). After critically analyzing this idea of autonomy in the context of various forms of self-commitment and pre-commitment, we argue that what is at stake in using Ulysses contracts in psychiatry is not autonomy as sovereignty, but autonomy as authenticity. Pre-commitment directives do not function to protect autonomous self-control. They serve in upholding the guidance that is provided by one's deepest identity conferring concerns. We elucidate this concept of autonomy as authenticity, by showing how Ulysses contracts protect the possibility of being "a self."

23 CFR 635.121 - Contract time and contract time extensions.

Science.gov (United States)

2010-04-01

... TRAFFIC OPERATIONS CONSTRUCTION AND MAINTENANCE Contract Procedures § 635.121 Contract time and contract time extensions. (a) The STD should have adequate written procedures for the determination of contract... 23 Highways 1 2010-04-01 2010-04-01 false Contract time and contract time extensions. 635.121...

Contract Design: The problem of information asymmetry

Directory of Open Access Journals (Sweden)

Axel C. Mühlbacher

2018-01-01

Full Text Available Introduction: Integrated care systems are advocated as an effective method of improving the performance of healthcare systems. These systems outline a payment and care delivery model that intends to tie provider reimbursements to predefined quality metrics. Little is known about the contractual design and the main challenges of delegating “accountability” to these new kinds of organisations and/or contracts. The research question in this article focuses on how healthcare contracts can look like and which possible problems arise in designing such contracts. In this a special interest is placed on information asymmetries.  Methods: A comprehensive literature review on methods of designing contracts in Integrated Care was conducted. This article is the first in a row of three that all contribute to a specific issue in designing healthcare contracts. Starting with the organisation of contracts and information asymmetries, part 2 focusses on financial options and risks and part 3 finally concludes with the question of risk management and evaluation.  Results: Healthcare contracting between providers and payers will have a major impact on the overall design of future healthcare systems. If Integrated care systems or any other similar concept of care delivery are to be contracted directly by payers to manage the continuum of care the costs of market utilisation play an essential role. Transaction costs also arise in the course of the negotiation and implementation of contracts. These costs are the reason why it is generally not possible to conclude perfect (complete contracts. Problems with asymmetric distribution of information can relate to the situation before a contract is concluded (adverse selection and after conclusion of a contract (moral hazard.  Discussion and Conclusions: Information asymmetries are seen as a major obstacle to the efficient operation of integrated care programmes. Coordination and motivation problems cannot be solved

Contract Design: The problem of information asymmetry.

Science.gov (United States)

Mühlbacher, Axel C; Amelung, Volker E; Juhnke, Christin

2018-01-12

Integrated care systems are advocated as an effective method of improving the performance of healthcare systems. These systems outline a payment and care delivery model that intends to tie provider reimbursements to predefined quality metrics. Little is known about the contractual design and the main challenges of delegating "accountability" to these new kinds of organisations and/or contracts. The research question in this article focuses on how healthcare contracts can look like and which possible problems arise in designing such contracts. In this a special interest is placed on information asymmetries. A comprehensive literature review on methods of designing contracts in Integrated Care was conducted. This article is the first in a row of three that all contribute to a specific issue in designing healthcare contracts. Starting with the organisation of contracts and information asymmetries, part 2 focusses on financial options and risks and part 3 finally concludes with the question of risk management and evaluation. Healthcare contracting between providers and payers will have a major impact on the overall design of future healthcare systems. If Integrated care systems or any other similar concept of care delivery are to be contracted directly by payers to manage the continuum of care the costs of market utilisation play an essential role. Transaction costs also arise in the course of the negotiation and implementation of contracts. These costs are the reason why it is generally not possible to conclude perfect (complete) contracts. Problems with asymmetric distribution of information can relate to the situation before a contract is concluded (adverse selection) and after conclusion of a contract (moral hazard). Information asymmetries are seen as a major obstacle to the efficient operation of integrated care programmes. Coordination and motivation problems cannot be solved at no-costs. The presented problems in the design of selective individual contracts

Legal issues in power sale contract negotiations

International Nuclear Information System (INIS)

Goodwin, L.M.

1990-01-01

The Public Utility Regulatory Policies Act of 1978 (PURPA) is the foundation of the cogeneration industry. However, few cogeneration projects could be financed on the basis of PURPA alone. PURPA guarantees project owners the right to sell power at the purchasing utility's Avoided Cost, whatever that may be from time to time. However, the development and financing of a cogeneration project requires a secure and dependable income stream, not a mere guarantee of the right to receive the spot price for power. Accordingly, developers have found that a formal power sale contract with the purchasing utility is a prerequisite to successful project development. This paper summarizes some current issues in power sale contract negotiation, with a particular emphasis on contract terms which shift risks from the utility and its ratepayers to the developer. Many of these trends originally appeared before the advent of competitive bidding systems, but most will continue to affect power sale contracts under competitive bidding, and under IPP project development as well

41 CFR 51-4.1 - General.

Science.gov (United States)

2010-07-01

... 41 Public Contracts and Property Management 1 2010-07-01 2010-07-01 true General. 51-4.1 Section 51-4.1 Public Contracts and Property Management Other Provisions Relating to Public Contracts... nonprofit agency assigned by the Committee on the basis of the nonprofit agency's articles of incorporation...

Performance-Driven Interface Contract Enforcement for Scientific Components

Energy Technology Data Exchange (ETDEWEB)

Dahlgren, Tamara Lynn [Univ. of California, Davis, CA (United States)

2008-01-01

Performance-driven interface contract enforcement research aims to improve the quality of programs built from plug-and-play scientific components. Interface contracts make the obligations on the caller and all implementations of the specified methods explicit. Runtime contract enforcement is a well-known technique for enhancing testing and debugging. However, checking all of the associated constraints during deployment is generally considered too costly from a performance stand point. Previous solutions enforced subsets of constraints without explicit consideration of their performance implications. Hence, this research measures the impacts of different interface contract sampling strategies and compares results with new techniques driven by execution time estimates. Results from three studies indicate automatically adjusting the level of checking based on performance constraints improves the likelihood of detecting contract violations under certain circumstances. Specifically, performance-driven enforcement is better suited to programs exercising constraints whose costs are at most moderately expensive relative to normal program execution.

Muscle fatigue and contraction intensity modulates the complexity of surface electromyography.

Science.gov (United States)

Cashaback, Joshua G A; Cluff, Tyler; Potvin, Jim R

2013-02-01

Nonlinear dynamical techniques offer a powerful approach for the investigation of physiological time series. Multiscale entropy analyses have shown that pathological and aging systems are less complex than healthy systems and this finding has been attributed to degraded physiological control processes. A similar phenomenon may arise during fatiguing muscle contractions where surface electromyography signals undergo temporal and spectral changes that arise from the impaired regulation of muscle force production. Here we examine the affect of fatigue and contraction intensity on the short and long-term complexity of biceps brachii surface electromyography. To investigate, we used an isometric muscle fatigue protocol (parsed into three windows) and three contraction intensities (% of maximal elbow joint moment: 40%, 70% and 100%). We found that fatigue reduced the short-term complexity of biceps brachii activity during the last third of the fatiguing contraction. We also found that the complexity of surface electromyography is dependent on contraction intensity. Our results show that multiscale entropy is sensitive to muscle fatigue and contraction intensity and we argue it is imperative that both factors be considered when evaluating the complexity of surface electromyography signals. Our data contribute to a converging body of evidence showing that multiscale entropy can quantify subtle information content in physiological time series. Copyright © 2012 Elsevier Ltd. All rights reserved.

Contract Mining versus Owner Mining – The Way Forward | Suglo ...

African Journals Online (AJOL)

Ghana Mining Journal ... By contracting out one or more of their mining operations, the mining companies can concentrate on their core businesses. This paper reviews ... The general trends in the mining industry show that contract mining will be the way forward for most mines under various circumstances in the future.

48 CFR 1845.106-70 - NASA contract clauses and solicitation provision.

Science.gov (United States)

2010-10-01

... will vest in the Government prior to delivery. (e) When approved by the Logistics Management Division... AERONAUTICS AND SPACE ADMINISTRATION CONTRACT MANAGEMENT GOVERNMENT PROPERTY General 1845.106-70 NASA contract... to the SEMO's concurrence that adequate installation property management resources are available for...

The psychological contracts of National Health Service nurses.

Science.gov (United States)

Purvis, Lynne J; Cropley, Mark

2003-03-01

Following the psychological contract model of the employee-employer exchange relationship is offered as a means of understanding the expectations of a UK sample of 223 National Health Service (NHS) nurses in association with their leaving intentions. A pilot study involving 21 NHS nurses, using the repertory grid technique was conducted to elicit contract expectations. Twenty-nine categories of expectation were identified through content analysis. The study proper, employed a survey developed on the basis of results from the pilot study to identify contract profiles among 223 nurses from three London/South-east NHS hospitals, using the Q-sort method. Type of contract held (relational/transactional), satisfaction (job and organization), and leaving intentions were also examined. Q-analysis yielded four contract profiles among the nurses sampled: 'self-development and achievement'; 'belonging and development'; 'competence and collegiality' and 'autonomy and development'. Correlation analysis demonstrated that leaving intentions were associated with a need for personal autonomy and development, and the violation of expectations for being appreciated, valued, recognized and rewarded for effort, loyalty, hard-work and achievement, negative endorsement of a relational contract, positive endorsement of a transactional contract, and job and organizational dissatisfaction. Findings illustrate the diagnostic utility of the term psychological contract for understanding the expectations of NHS nurses. The potential significance of these findings for managing nurse retention is highlighted.

Corporate boards and bank loan contracting

OpenAIRE

Francis, Bill; Hasan, Iftekhar; Koetter, Michael; Wu, Qiang

2012-01-01

We investigate the role of corporate boards in bank loan contracting. We find that when corporate boards are more independent, both price and nonprice loan terms (e.g., interest rates, collateral, covenants, and performance-pricing provisions) are more favorable, and syndicated loans comprise more lenders. In addition, board size, audit committee structure, and other board characteristics influence bank loan prices. However, they do not consistently affect all nonprice loan terms except for a...

Optimal design of uptime-guarantee contracts under IGFR valuations and convex costs

OpenAIRE

Hezarkhni, Behzad

2016-01-01

An uptime-guarantee contract commits a service provider to maintain the functionality of a customer’s equipment at least for certain fraction of working time during a contracted period. This paper addresses the optimal design of uptime-guarantee contracts for the service provider when the customer’s valuation of a contract with a given guaranteed uptime level has an Increasing Generalized Failure Rate (IGFR) distribution. We first consider the case where the service provider proposes only one...

2005-2008 government-ANDRA quadrennial contract

International Nuclear Information System (INIS)

2006-01-01

Radioactive waste management represents an important field of intervention for public authorities who define and implement the public policy around these wastes. The public policy defines the safety framework of this management with a permanent care in ensuring the protection of people and of the environment. One fundamental step in the definition of the public policy was the vote of the law from December 30, 1991 which led to the creation of the national agency of radioactive wastes (ANDRA). The ANDRA is a public, industrial and commercial agency in charge of the long term management of radioactive wastes. In order to define the orientations of ANDRA's action, a contract was established in the year 2000 and signed in 2001 for the 2001-2004 era. It has consolidated the general framework of the agency's action and defined the goals to be reached. This contractual approach aimed at giving the public agency an accountableness and at defining priorities with respect to the actions to be implemented. (J.S.)

Complexity, Contract Design and Incentive Design in the Construction Management Industry

OpenAIRE

Beg, Zeshawn Afsari

2015-01-01

In this paper I examine how one construction management company uses contract design and incentive design to respond to aspects of task complexity and relationship complexity present in its construction projects. In terms of contract design, I find that the company is unable to increase its use of cost-plus pricing when faced with technically complex projects. Instead, the company uses increased pre-execution design modification and price markups when technically complex projects are contract...

The Legal Cause of Unfair Terms

Directory of Open Access Journals (Sweden)

Maximiliano Arango Grajales

2016-01-01

Full Text Available Unfair terms are outside the field of abuse. There’s not a potential risk of damage, there’s not an injury caused. Unfair terms belong to the field of the principle of equivalency of the contract. And through it, that the criterion of regulatory imbalance of the contract takes on meaning. The correction of such unfair clauses does not depend on weak parts or abuse but rather the existence of a breach of equivalence: an absence of consideration in the contract.

A critical incident study of general practice trainees in their basic general practice term.

Science.gov (United States)

Diamond, M R; Kamien, M; Sim, M G; Davis, J

1995-03-20

To obtain information on the experiences of general practice (GP) trainees during their first general practice (GP) attachment. Critical incident technique--a qualitative analysis of open-ended interviews about incidents which describe competent or poor professional practice. Thirty-nine Western Australian doctors from the Royal Australian College of General Practitioners' (RACGP) Family Medicine Program who were completing their first six months of general practice in 1992. Doctors reported 180 critical incidents, of which just over 50% involved problems (and sometimes successes) with: difficult patients; paediatrics; the doctor-patient relationship; counselling skills; obstetrics and gynaecology; relationships with other health professionals and practice staff; and cardiovascular disorders. The major skills associated with both positive and negative critical incidents were: the interpersonal skills of rapport and listening; the diagnostic skills of thorough clinical assessment and the appropriate use of investigations; and the management skills of knowing when and how to obtain help from supervisors, hospitals and specialists. Doctors reported high levels of anxiety over difficult management decisions and feelings of guilt over missed diagnoses and inadequate management. The initial GP term is a crucial transition period in the development of the future general practitioner. An analysis of commonly recurring positive and negative critical incidents can be used by the RACGP Training Program to accelerate the learning process of doctors in vocational training and has implications for the planning of undergraduate curricula.

Inoenue-Wigner contraction and D = 2 + 1 supergravity

Energy Technology Data Exchange (ETDEWEB)

Concha, P.K.; Rodriguez, E.K. [Universidad Adolfo Ibanez, Departamento de Ciencias, Facultad de Artes Liberales, Vina del Mar (Chile); Universidad Austral de Chile, Instituto de Ciencias Fisicas y Matematicas, Valdivia (Chile); Fierro, O. [Universidad Catolica de la Santisima Concepcion, Departamento de Matematica y Fisica Aplicadas, Concepcion (Chile)

2017-01-15

We present a generalization of the standard Inoenue-Wigner contraction by rescaling not only the generators of a Lie superalgebra but also the arbitrary constants appearing in the components of the invariant tensor. The procedure presented here allows one to obtain explicitly the Chern-Simons supergravity action of a contracted superalgebra. In particular we show that the Poincare limit can be performed to a D = 2 + 1 (p,q) AdS Chern-Simons supergravity in presence of the exotic form. We also construct a new three-dimensional (2,0) Maxwell Chern-Simons supergravity theory as a particular limit of (2,0) AdS-Lorentz supergravity theory. The generalization for N = p + q gravitinos is also considered. (orig.)

Residential energy contracts and the 28 day rule

International Nuclear Information System (INIS)

Littlechild, Stephen

2006-01-01

What measures are needed to protect customers when a utility market is first opened to competition? In the UK, residential (domestic) customers must be able to terminate energy contracts at 28 days' notice. This rule was introduced as a transitional protection for customers and for competition. However, the regulatory justification for the rule seems to have evolved over time. Removing the rule could have a number of advantages, including the development of fixed-price fixed-term contracts. The advantages of retaining the rule are questionable. In other retail sectors there is no regulatory concern or requirement of this kind. UK electricity suppliers have begun to offer capped prices for specified periods of time, suggesting that there is a growing customer demand for this. Fixed-price fixed-term contracts are a common form of competition in Scandinavia. The 28 day rule no longer seems necessary to protect customers and is more likely to distort than to protect competition. In retrospect, it would have been preferable not to introduce the rule in the first place. (author)

Natural gas contracts in efficient portfolios

Energy Technology Data Exchange (ETDEWEB)

Sutherland, R.J.

1994-12-01

This report addresses the {open_quotes}contracts portfolio{close_quotes} issue of natural gas contracts in support of the Domestic Natural Gas and Oil Initiative (DGOI) published by the U.S. Department of Energy in 1994. The analysis is a result of a collaborative effort with the Public Service Commission of the State of Maryland to consider {open_quotes}reforms that enhance the industry`s competitiveness{close_quotes}. The initial focus of our collaborative effort was on gas purchasing and contract portfolios; however, it became apparent that efficient contracting to purchase and use gas requires a broader consideration of regulatory reform. Efficient portfolios are obtained when the holder of the portfolio is affected by and is responsible for the performance of the portfolio. Natural gas distribution companies may prefer a diversity of contracts, but the efficient use of gas requires that the local distribution company be held accountable for its own purchases. Ultimate customers are affected by their own portfolios, which they manage efficiently by making their own choices. The objectives of the DGOI, particularly the efficient use of gas, can be achieved when customers have access to suppliers of gas and energy services under an improved regulatory framework. The evolution of the natural gas market during the last 15 years is described to account for the changing preferences toward gas contracts. Long-term contracts for natural gas were prevalent before the early 1980s, primarily because gas producers had few options other than to sell to a single pipeline company, and this pipeline company, in turn, was the only seller to a gas distribution company.

Fixed point iterations for strictly hemi-contractive maps in uniformly smooth Banach spaces

International Nuclear Information System (INIS)

Chidume, C.E.; Osilike, M.O.

1993-05-01

It is proved that the Mann iteration process converges strongly to the fixed point of a strictly hemi-contractive map in real uniformly smooth Banach spaces. The class of strictly hemi-contractive maps includes all strictly pseudo-contractive maps with nonempty fixed point sets. A related result deals with the Ishikawa iteration scheme when the mapping is Lipschitzian and strictly hemi-contractive. Our theorems generalize important known results. (author). 29 refs

[Characteristics of beneficiaries of a GP-centred health care contract in Germany].

Science.gov (United States)

Freund, Tobias; Szecsenyi, Joachim; Ose, Dominik

2010-11-01

Since 2004, primary care in Germany has increasingly been provided in special general practitioner (GP)-centred health care contracts (HZV). To date there is limited evidence about the characteristics of their beneficiaries regarding morbidity burden and health care utilization. We analysed insurance claims data from all beneficiaries of the "Allgemeine Ortskrankenkasse (AOK) Baden-Württemberg" listed in 10 general practices that contracted in a special GP-centred health care contract (HZV). We compared beneficiaries enrolled in the HZV with those who were not enrolled in the contract. Comparisons included the number of hospital admissions in 2007-2008 and the Charlson comorbidity index. Insurance claims data of 6,026 beneficiaries were available for analysis. In the third quarter of 2009, 51% (3,066) of the beneficiaries were enrolled in the HZV. They were significantly older (mean 61 years [SD 18 years] vs. 49 years [SD 22 years]; p contract tended to be older and suffered from a higher morbidity burden when compared with beneficiaries of the same health care fund who were not enrolled in the contract. Besides, beneficiaries of the contract had higher numbers of hospital admissions during the two year period before enrolment. These findings have substantial implications for individualized care management approaches that may be offered to beneficiaries of GP-centred health care contracts.

13 CFR 127.102 - What are the definitions of the terms used in this part?

Science.gov (United States)

2010-01-01

... 13 Business Credit and Assistance 1 2010-01-01 2010-01-01 false What are the definitions of the terms used in this part? 127.102 Section 127.102 Business Credit and Assistance SMALL BUSINESS ADMINISTRATION WOMEN-OWNED SMALL BUSINESS FEDERAL CONTRACT ASSISTANCE PROCEDURES General Provisions § 127.102...

25 CFR 900.128 - What funding shall the Secretary provide in a construction contract?

Science.gov (United States)

2010-04-01

... Indian tribe or tribal organization of performing the contract, taking into consideration the terms of the contract and the requirements of the Act and any other applicable law; (b) The costs of preparing... contractor that carries out the construction contract to make a reasonable profit, taking into consideration...

SERVICE HANDBOOK FOR THE DESKTOP SUPPORT CONTRACT WIH IT DIVISION

CERN Multimedia

2000-01-01

A Desktop Support Contract has been running since January 1999 to offer help to all users at CERN with problems that occur with their desktop computers. The contract is run conjointly by the Swedish Company WM-data and the Swiss company DCS.The contract is comprised of the Computing Helpdesk, a General Service for all parts of CERN and also Local Service for those divisions and groups that want faster response times and additional help with their specific computer environment.In order to describe what services are being offered, and also to give a better understanding of the structure of the contract, a Service Handbook has been created. The intended audience for the Service Handbook is everyone that is using the contract, i.e. users, managers and also the service staff inside the contract. In the handbook you will find what help you can get from the contract, how to get in touch with the contract, and also what response times you can expect. Since the computer environment at CERN is a never-changing entity, ...

Self-regulation in dentistry and the social contract.

Science.gov (United States)

Holden, A C L

2016-10-21

This article looks at the General Dental Council (GDC) and dental regulation from the perspective of social contract theory. Self-regulation is a requirement for the dental profession to exist within such a contract with society and this article seeks to examine the effects of the GDC upon the social contract. The GDC maintains that it is independent of the dental profession and while this may be true when discussing impartiality, the existence and purpose of the GDC is intrinsically intertwined with the dental profession. This article will show that the GDC has acted in a manner that has a negative impact upon the social contract between the dental profession and society and that for the dental profession to maintain its status and ability to place patients first, the GDC needs to re-evaluate its role and attitudes.

Manual of contracts for the electricity sector. Contracts that work: Drafting and proper legal application. 2. rev. ed.; Vertragshandbuch Stromwirtschaft. Praxisgerechte Gestaltung und rechtssichere Anwendung

Energy Technology Data Exchange (ETDEWEB)

Schoene, Thomas (ed.)

2014-07-01

This manual deals fundamentally with the drafting of contracts for the electricity sector. It covers all types of contracts on both the customer and the network side with their various special clauses and variants, specifically: basic supply, substitute supply, supply contracts for private, commercial and industrial special customers as well as redistributors, EFET contracts, network access contracts, supplier framework contracts, feed-in contracts, grid connection contracts and connection use contracts. The manual also addresses questions concerning electricity customer insolvency, an issue of growing importance. The following topics are furthermore dealt with in a practically oriented manner and with care being taken to explain the underlying legal issues in readily understandable language. What basic framework conditions are specified by the new energy economy laws and general civil law? What possibilities are available in drafting contracts and what are the ramifications in each case? What subject matters in a contract are of particular economic significance? How can concession contracts be designed in a market-conforming way when there is strong competition for qualified rights of way? What opportunities and risks are associated with innovative products? What options for action does a supplier have in the event of (threatening) customer insolvency? Model contracts from day-to-day management practice and tips, checklists and cautioning notes round off this manual.

Investment risk aspects of new gas contracts in the UKCS

International Nuclear Information System (INIS)

Kemp, A.G.; Stephen, L.

1996-01-01

The market faced by gas producers in the UKCS has changed considerably since 1990. Producers contemplating the development of new fields are today highly unlikely to attain life-of-field depletion contracts for their gas. They may not even be able to negotiate long-term take or pay contracts for a high proportion of their reserves. Today's producers face not only volume risk, in the sense that they may be unable to attain contracts for all their reserves, but they are exposed to price risks to a greater extent than they have been in the past. The aim of this study is to consider the degree of economic risk faced by gas producers in this new market situation with emphasis on volume and price risks. Emphasis is given to the position of an investor contemplating the development of a new field in circumstances where firm contract(s) are available for only some of the potential output of the field, and assessments of the chances of obtaining further contracts have to be made and set alongside the effects of simply selling gas on the spot market. The emphasis is on elucidating the risk:reward situation facing investors in such situations. The underlying objective of the investor is taken to be the maximisation of his returns (expressed in terms of net present value (NPV)). Attention in the risk analysis is given to upside potential and downside risks. (author)

Contracting between public agencies and private psychiatric inpatient facilities.

Science.gov (United States)

Fisher, W H; Dorwart, R A; Schlesinger, M; Davidson, H

1991-08-01

Purchasing human services through contracts with private providers has become an increasingly common practice over the past 20 years. Using data from a national survey of psychiatric inpatient facilities, this paper examines the extent to which psychiatric units in privately controlled general hospitals and private psychiatric specialty hospitals (N = 611) participate in contractual arrangements to provide services to governmental bodies. It also examines how the likelihood of such a practice is affected by hospital characteristics (general or specialty, for profit or nonprofit) and features of hospitals' environments, including the competitiveness of the market for psychiatric inpatient care and the population's need for services in the hospital's county. The findings indicate that nonprofit psychiatric specialty hospitals were more likely than other types of hospitals to enter into such contracts, and that forces such as local competition and need for services were not predictors of such involvement. Contracting was shown to have a significant impact on the level of referrals a hospital accepted, but these levels were also affected by competition and need. Among hospitals with public contracts, referral acceptance from public agencies was unaffected by these factors, but they did have a significant effect on referral acceptance by hospitals without public contracts. These data suggest that public agencies contracting for services with private hospitals may represent a means by which "public sector" patients may gain access to private providers. Further, this mechanism may impose sufficient structure and regulation on the acceptance of such patients that many concerns of hospital administrators regarding patients who are costly and difficult to treat and discharge can be allayed.

Liability to disgorge profits upon breach of contract or a delict

NARCIS (Netherlands)

Schrage, E.J.H.

2013-01-01

Remedies regarding contract and tort are, generally speaking, concerned with the incidence of liability for loss or damage suffered, whereas the claim in unjust enrichment is said to require that the enrichment has occurred at the expense of the creditor. Consequently claims for breach of contract

77 FR 13508 - Certainty of Terms of Service Contracts and NVOCC Service Arrangements

Science.gov (United States)

2012-03-07

... Director, Bureau of Enforcement, any Area Representative or the Director, Bureau of Economics and Agreements Analysis [now BTA], submit copies of requested original service contracts or their associated...

41 CFR 128-48.503 - General procedures.

Science.gov (United States)

2010-07-01

... 41 Public Contracts and Property Management 3 2010-07-01 2010-07-01 false General procedures. 128-48.503 Section 128-48.503 Public Contracts and Property Management Federal Property Management... bills of sale, contracts, mortgages, or other satisfactory documentary evidence. (3) The facts and...

Standard form contracts and a smart contract future

Directory of Open Access Journals (Sweden)

Kristin B. Cornelius

2018-05-01

Full Text Available With a budding market of widespread smart contract implementation on the horizon, there is much conversation about how to regulate this new technology. Discourse on standard form contracts (SFCs and how they have been adopted in a digital environment is useful toward predicting how smart contracts might be interpreted. This essay provides a critical review of the discourse surrounding digitised SFCs and applies it to issues in smart contract regulation. An exploration of the literature surrounding specific instances SFCs finds that it lacks a close examination of the textual and documentary aspects of SFCs, which are particularly important in a digital environment as a shift in medium prompts a different procedural process. Instead, common perspectives are either based on outdated notions of paper versions of these contracts or on ideologies of industry and business that do not sufficiently address the needs of consumers/users in the digital age. Most importantly, noting the failure of contract law to address the inequities of SFCs in this environment can help prevent them from being codified further with smart contracts.

THE PRINCIPLES OF CONTRACTUAL FREEDOM AND GOOD FAITH IN JURIDICAL CONTRACTS

Directory of Open Access Journals (Sweden)

MIHAELA IRINA IONESCU

2013-05-01

Full Text Available The contract is the very heart of the Civil Code, and it is in fact also the cornerstone of any society, as without it relations and rapport amongst citizens could not occur nor unfold, and as such it is presently considered an effective legal instrument for organizing the behavior of all members of society. The importance of contracts, the extent of contractual freedoms, the rapports that contracts entertain with laws, norms and other regulations and the means to properly frame and limit the State’s intervention in the economy all hinge on the evolution of society and it’s general ideological proclivity. The contract acts as the mirror of all this and it comes as no surprise that a society that has shortly left an organization based on the tenants of communism still bears the full weight of this ideology when it comes to contracts. In the framework of the New Civil Code, the contract is viewed as based on a series of principles which are carefully drawn and well established in the general consciousness. As such, altering these principles would naturally cause important concern and uncertainty between the Parties to the Contract. Therefore, when times require repealing from a principle, this should be implemented with the greatest prudence by the legislature. This paper contains a summary of the guiding principles of contracts from the provisions of the New Civil Code. For the first time in our legal history, these provisions regulate the two most fundamental principles of contracts; contractual freedom and good faith, which is why the author chose to insist on these new regulations

Office of Inspector General report on audit of the Western Area Power Administration`s contract with Basin Electric Power Cooperative

Energy Technology Data Exchange (ETDEWEB)

NONE

1997-06-25

At the request of the Western Area Power Administration (Western), an audit of 17 areas was conducted with respect to possible overcharges on a power contract between Western and Basin Electric Power Cooperative (Basin), Contract No. DE-MP65-82WP-19001. The contract for Western`s purchase of electric power from Basin was entered into on April 15, 1982, and was in effect from January 1, 1986, through October 31, 1990. During this 58-month period, Basin billed Western approximately $197.6 million. Overall, it was found that Basin overcharged Western approximately $23.8 million. These overcharges occurred because Basin: (1) did not recognize or amortize as gain its overestimate of completion and correction costs for Antelope Valley Station (AVS) Unit 2; (2) did not amortize the gain on the sale/leaseback of AVS Unit 2 as an offset to lease costs; (3) billed Western prematurely for lease and interest costs; (4) overcharged for the cost of coal by including administrative and general expenses and profit, as well as incorrectly calculating discounts, royalty payments, and imputed interest costs; (5) made faulty calculations of amortization rates for deferred costs; (6) used a shorter depreciation period for AVS common facilities than it had used for other power plants; (7) retained tax benefit transfers; and (8) charged Western for interest and depreciation that had been paid by others. In addition to the $23.8 million in overcharges, interest accrued on the overcharges through December 31, 1996 was estimated to be approximately $22.1 million, resulting in a total of $45.9 million due Western.

Dissipative Lax-Phillips scattering theory and the characteristic function of a contraction

International Nuclear Information System (INIS)

Neidhardt, H.

1987-01-01

The paper deals with the problem to characterize all those contractions admitting a dissipative Lax-Phillips scattering theory. The characterization is given in terms of the characteristic function of contraction and its unitary part. Moreover, the problem is considered and solved to describe all those completely contractions which can be orthogonally enlarged by a unitary operator such that the sum admits an orthogonal dissipative Lax-Phillips scattering theory

Reduction of construction wastes by improving construction contract management: a multinational evaluation.

Science.gov (United States)

Mendis, Daylath; Hewage, Kasun N; Wrzesniewski, Joanna

2013-10-01

The Canadian construction industry generates 30% of the total municipal solid waste deposited in landfills. Ample evidence can be found in the published literature about rework and waste generation due to ambiguity and errors in contract documents. Also, the literature quotes that disclaimer clauses in contract documents are included in the contractual agreements to prevent contractor claims, which often cause rework. Our professional practice has also noted that there are several disclaimer clauses in standard contract documents which have the potential to cause rework (and associated waste). This article illustrates a comparative study of standard contractual documents and their potential to create rework (and associated waste) in different regions of the world. The objectives of this study are (1) to analyse standard contractual documents in Canada, the USA and Australia in terms of their potential to generate rework and waste, and (2) to propose changes/amendments to the existing standard contract documents to minimise/avoid rework. In terms of construction waste management, all the reviewed standard contract documents have deficiencies. The parties that produce the contract documents include exculpatory clauses to avoid the other party's claims. This approach tends to result in rework and construction waste. The contractual agreements/contract documents should be free from errors, deficiencies, ambiguity and unfair risk transfers to minimise/avoid potential to generate rework and waste.

5 CFR 300.405 - Requirement for contract.

Science.gov (United States)

2010-01-01

... principles and equal opportunity laws. ... 5 Administrative Personnel 1 2010-01-01 2010-01-01 false Requirement for contract. 300.405 Section... (GENERAL) Use of Commercial Recruiting Firms and Nonprofit Employment Services § 300.405 Requirement for...

Attachment A – General Terms and Conditions of the Contract

International Development Research Centre (IDRC) Digital Library (Canada)

IDRC CRDI

patent, copyright, trade secret, and proprietary information, techniques, sketches, drawings, models, inventions ..... Quality of Work ... visual material, software, documents, books, pamphlets, memoranda or reports, including translations).

Avoiding surety contracts in bankruptcy procedure

Directory of Open Access Journals (Sweden)

Hiber Dragor

2015-01-01

Full Text Available Serbia's courts jurisprudence has divergent attitudes with respect to the dilemma whether a surety contract represents a contract without consideration, which may be avoided once the guarantor is subject to bankruptcy procedure without any additional conditions, or an onerous contract. Whether a surety contract is an onerous one has anyhow been disputed in the legal theory. One school of thought considers this contract as non-onerous one, since vis-a-vis guarantor's obligation no benefit to be expected from the other contractual party (i. e. creditor exists. The other school of thought understands surety (almost always as an onerous contract bearing in mind that the guarantor who enters into this contract does not have intentio liberalis. There are numerous and nuanced views based on analyses of the relation between a guarantor and a debtor focused on the argument that surety is a contract without consideration if intentio liberalis existed vis-a-vis main debtor rather than vis-a-vis creditor. Our legal literature did not pay much attention to that issue until recently. In a rare text dedicated to it the author's basic standpoint is that surety represents a contract without consideration. An exception, depending on the circumstances of the case, could be surety given by a parent company for the obligation of a subsidiary, provided the former reasonably expected a benefit in terms of an increase in the value of shares. Commercial courts followed such reasoning. In this article an opposite stance has been argued. Namely, the onerousness of surety must be assessed based on the relation between the guarantor and the main debtor rather than between the guarantor and the creditor. As a rule, surety is an onerous contract because the guarantor expects to collect from the debtor through subrogation the amount he paid to the creditor; exceptionally, surety may be a non-onerous contract if intentio liberalis existed vis-a-vis main debtor. However, this

Six-term exact sequences for smooth generalized crossed products

DEFF Research Database (Denmark)

Gabriel, Olivier; Grensing, Martin

2013-01-01

We define smooth generalized crossed products and prove six-term exact sequences of Pimsner–Voiculescu type. This sequence may, in particular, be applied to smooth subalgebras of the quantum Heisenberg manifolds in order to compute the generators of their cyclic cohomology. Further, our results...... include the known results for smooth crossed products. Our proof is based on a combination of arguments from the setting of (Cuntz–)Pimsner algebras and the Toeplitz proof of Bott periodicity....

Social contract and social integration in adolescent development.

Science.gov (United States)

Hilles, W S; Kahle, L R

1985-10-01

Eighty-nine subjects from two high schools were tested during the spring of their sophomore and senior years, when their mean ages were 16 years, 1 month, and 18 years, 1 month, respectively. Composites measured social contract with: (a) independence, (b) implicit social contract, societal norms and expectations, and (c) explicit social contracts, rules. Composites and single items measured social integration with: (d) role commitment, (e) social-American Dream, accepting the belief in the American Dream that hard work would lead to social success, (f) self-American Dream, belief that hard work will produce personal satisfaction and success, (g) raw deal, perceptions of being treated unfairly, (h) self-blame, and (i) feelings of hopelessness. The results of the cross-lagged panel correlations generally support the hypothesis that students respond to implicit social contracts through role commitment, which is further expressed by a belief in the American Dream for social fulfillment, while responding to the perception of explicit social contracts by not believing in the benefits of the American Dream for personal fulfillment. These results were interpreted as supporting Dienstbier's theory of moral development.

Strategic contracting practices to improve procurement of health commodities.

Science.gov (United States)

Arney, Leslie; Yadav, Prashant; Miller, Roger; Wilkerson, Taylor

2014-08-01

Public-sector entities responsible for procurement of essential medicines and health commodities in developing countries often lack the technical capacity to efficiently ensure supply security. Under strict public scrutiny and pressures to be transparent, many agencies continue to use archaic procurement methods and to depend on inflexible forecasts and cumbersome tendering processes. On the basis of semi-structured literature reviews and interviews, we identified framework agreements as a strategic procurement practice used by the U.S. federal government that may also be suitable for global health supply chains. Framework agreements are long-term contracts that provide the terms and conditions under which smaller repeat purchasing orders may be issued for a defined period of time. Such agreements are common in U.S. and United Nations procurement systems and in other developed countries and multilateral organizations. In contrast, framework agreements appear to be seldom used in procurement of health commodities in countries of sub-Saharan Africa. The current practice of floating tenders multiple times a year contributes to long lead times and stock-outs, and it hampers the manufacturer's or supplier's ability to plan and respond to the government's needs. To date, government's use of strategic contracting practices in public procurement of health commodities has not received much attention in most developing countries. It may present an opportunity for substantial improvements in procurement efficiency and commodity availability. Enabling legislation and strengthened technical capacity to develop and manage long-term contracts could facilitate the use of framework contracts in sub-Saharan Africa, with improved supply security and cost savings likely to result.

Construction contract revenue recording comparison

Directory of Open Access Journals (Sweden)

Hana Bohušová

2008-01-01

Full Text Available Publicly traded companies prepare their consolidated accounts in conformity with the international accounting standards (IAS/IFRS in accordance with the Regulation No. 1606/2002. This is obliged for all publicly traded joint-stock companies in the Czech Republic. Other companies prepare financial statements in accordance with national accounting standards. There are Accounting Act No. 563/1991 of Coll. and Regulation No. 500/2002 of Coll., Czech Accounting Standards in the Czech Republic. Both systems are based on different principles so there are many differences. The Czech Accounting System (CAS is based on the rules while IAS/IFRS are based on principles (Kovanicová, 2005. These differences are mainly caused by the different philosophy. CAS prefers the fiscal policy to the economic substance while IAS/IFRS prefere the economic substance. One of the most significant dif­fe­ren­ces is in the field of revenue recording. There are two standards concerning the revenues recording (IAS 18 − Revenue, IAS 11 – Construction Contracts in IAS/IFRS. CAS 019 – Expenses and Revenue are dealing with the revenue recording in the Czech Republic. The paper is aimed at the comparison of the methodical approaches for revenue recording used by IAS/IFRS and by CAS. The most important differences are caused by the different approach to the long term contracts (construction contracts, software development contracts revenues recording.

26 CFR 1.460-4 - Methods of accounting for long-term contracts.

Science.gov (United States)

2010-04-01

... method of cost comparison (such as comparing direct labor costs incurred to date to estimated total direct labor costs) or by comparing the work performed on the contract with the estimated total work to.... Paragraph (e) of this section describes the percentage-of-completion/capitalized-cost method (PCCM), which...

Management of Arrhythmias in Athletes: Atrial Fibrillation, Premature Ventricular Contractions, and Ventricular Tachycardia.

Science.gov (United States)

Lai, Ernest; Chung, Eugene H

2017-10-09

Management of atrial fibrillation, premature ventricular contractions, and ventricular tachycardia without underlying cardiac disease or arrhythmogenic conditions differs in athletes from the general population. Athletes tend to be younger, healthier individuals with few comorbidities. Therapies that work well in the general population may not be appropriate or preferable for athletes. Management strategies include deconditioning, pharmacologic therapy, such as rate control with β-blockers or non-dihydropyridine calcium channel blockers and rhythm control with class I or class III antiarrhythmic drugs, and catheter ablation. Deconditioning is not preferred by athletes because of lost playing time. Pharmacologic therapy is well tolerated among most individuals, but is not as favorable in athletes. Rate control medications can reduce performance and β-blockers, in particular, are prohibited in many sports. Antiarrhythmic drugs are preferred over rate control with athletes, but many, especially younger athletes, may not like the idea of long-term medical therapy. Catheter ablation has been proven to be safe and efficacious, may eliminate the need for long-term medical therapy, and is supported by the major societies (AHA, ACC, ESC).

48 CFR 970.2303-2-70 - General.

Science.gov (United States)

2010-10-01

... Technologies, Occupational Safety and Drug-Free Work Place 970.2303-2-70 General. (a) The Department of Energy... inclusion of environmental, safety and health clauses in DOE contracts shall be made by the contracting... health program management personnel. (c)(1) For DOE management and operating contracts and other...

48 CFR 3032.006 - Reduction or suspension of contract payments upon finding of fraud.

Science.gov (United States)

2010-10-01

... contract payments upon finding of fraud. 3032.006 Section 3032.006 Federal Acquisition Regulations System DEPARTMENT OF HOMELAND SECURITY, HOMELAND SECURITY ACQUISITION REGULATION (HSAR) GENERAL CONTRACTING... finding of fraud. ...

77 FR 37907 - Information Collection; Service Contracting

Science.gov (United States)

2012-06-25

...), 1275 First Street NE., Washington, DC 20417. ATTN: Hada Flowers/IC 9000-0152, Service Contracting... DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION NATIONAL AERONAUTICS AND SPACE ADMINISTRATION [OMB Control No. 9000-0152: Docket 2012-0076; Sequence 16] Information Collection; Service...

Contract Award Decisions Resulting in Contract Termination for Default

National Research Council Canada - National Science Library

1996-01-01

.... Specifically, the audit focused on contracts terminated either for default or convenience and determined whether the contract terminations could have been averted based on information available before contract award...

Exclusive contracts in the hospital setting: a two-edged sword, part 1: legal issues.

Science.gov (United States)

Portman, Robert M

2007-05-01

Hospitals routinely enter into contracts with radiology groups for the right to be the exclusive provider of radiology services at the facility in exchange for the group agreeing to provide and manage all aspects of that service within the hospital. These "exclusive contracts" generally result in the radiology department and associated equipment being closed off to physicians who are not part of the contracting group. Exclusive contracts are generally considered to be good for physicians who have them and bad for those excluded by them. In fact, while exclusive contracts offer obvious benefits to the physicians who receive them and obvious disadvantages for those who are excluded, they also present pitfalls for physicians in the chosen group. Part I of this article discusses the legal issues raised by exclusive contracts. Although these agreements appear to be anti-competitive, most courts have rejected antitrust challenges to exclusive contracts. Excluded physicians have had much greater success in attacking exclusive contracting arrangements on breach of contract and procedural/due process grounds. Exclusive contracting arrangements can also raise concerns under the Medicare-Medicaid anti-kickback statute if the contracting physicians are required to pay consideration or accept less than fair market value compensation in exchange for exclusive contracts. These agreements can also raise issues under the Stark II physician self-referral law if the contracting physicians are in a position to refer Medicare or Medicaid patients to the hospital. Part II of this article will discuss the advantages and disadvantages of exclusive contracts for physicians covered and not covered by such contracts, as well as strategies for avoiding them or minimizing their potential adverse impact. It also will discuss specific provisions of exclusive contracts that should be included or avoided.

Contract Teachers: Experimental Evidence from India. NBER Working Paper No. 19440

Science.gov (United States)

Muralidharan, Karthik; Sundararaman, Venkatesh

2013-01-01

The large-scale expansion of primary schooling in developing countries has led to the increasing use of non-civil-service contract teachers who are hired locally by the school, are not professionally trained, have fixed-term renewable contracts, and are paid much lower salaries than regular civil-service teachers. This has been a controversial…

Nova Scotia electricity market : frameworks for renewable energy contracting and cogeneration contracting : discussion document

International Nuclear Information System (INIS)

2006-01-01

The recent Electricity Marketplace Governance Committee of Nova Scotia report issued a number of recommendations regarding renewable and cogeneration sales to retail consumers, as well as recommendations for top-up, spill rates and back-up rates to complement the operation of independent generating facilities. This discussion paper examined issues which need to be addressed in order to implement the recommendations. The discussion paper also included recommendations relating to the purchase of cogeneration output by the Nova Scotia Power Inc. (NSPI) under long term power purchase agreements. The aim of the paper was to provide a basis for the further discussion of issues in preparation for the development of future rules and regulations. The first part of the document identified ways for buyers and sellers to arrange contracts, as well as issues that need to be addressed at the institutional level to enable arrangements. Options for financial contracts and physical contracts were reviewed.The second part of the document examined pricing issues in the context of both financial and physical contract arrangements. Resolutions for both sets of options were proposed. Energy pricing principles were reviewed, as well as various pricing options and issues related to the analysis of price requirements. It was concluded that in order to support the safe, reliable and economic supply of electricity, the design of the electricity market should enable maximum flexibility in contractual arrangements and facilitate competition in ways that do not harm other parties

41 CFR 105-1.109-50 - General plan.

Science.gov (United States)

2010-07-01

... 41 Public Contracts and Property Management 3 2010-07-01 2010-07-01 false General plan. 105-1.109-50 Section 105-1.109-50 Public Contracts and Property Management Federal Property Management....109-50 General plan. Chapter 105 is divided into parts, subparts, and further subdivisions as...

48 CFR 319.501 - General.

Science.gov (United States)

2010-10-01

... BUSINESS PROGRAMS Set-Asides for Small Business 319.501 General. (e) Subsequent to the Contracting Officer's recommendation on Form HHS 653, HHS Small Business Review Form, the SBS shall review each proposed acquisition strategy and either concur or not concur with the Contracting Officer's recommendation. The PCR...

Aberration analysis for freeform surface terms overlay on general decentered and tilted optical surfaces.

Science.gov (United States)

Yang, Tong; Cheng, Dewen; Wang, Yongtian

2018-03-19

Aberration theory helps designers to better understand the nature of imaging systems. However, the existing aberration theory of freeform surfaces has many limitations. For example, it only works in the special case when the central area of the freeform surface is used. In addition, the light footprint is limited to a circle, which does not match the case of an elliptical footprint for general systems. In this paper, aberrations generated by freeform surface term overlay on general decentered and tilted optical surfaces are analyzed. For the case when the off-axis section of a freeform surface is used, the aberration equation for using stop and nonstop surfaces is discussed, and the aberrations generated by Zernike terms up to Z 17/18 are analyzed in detail. To solve the problem of the elliptical light footprint for tilted freeform surfaces, the scaled pupil vector is used in the aberration analysis. The mechanism of aberration transformation is discovered, and the aberrations generated by different Zernike terms in this case are calculated. Finally we proposed aberration equations for freeform terms on general decentered and tilted freeform surfaces. The research result given in this paper offers an important reference for optical designers and engineers, and it is of great importance in developing analytical methods for general freeform system design, tolerance analysis, and system assembly.

Choreographies and Behavioural Contracts on the Way to Dynamic Updates

Directory of Open Access Journals (Sweden)

Mario Bravetti

2014-11-01

Full Text Available We survey our work on choreographies and behavioural contracts in multiparty interactions. In particular theories of behavioural contracts are presented which enable reasoning about correct service composition (contract compliance and service substitutability (contract refinement preorder under different assumptions concerning service communication: synchronous address or name based communication with patient non-preemptable or impatient invocations, or asynchronous communication. Correspondingly relations between behavioural contracts and choreographic descriptions are considered, where a contract for each communicating party is, e.g., derived by projection. The considered relations are induced as the maximal preoders which preserve contract compliance and global traces: we show maximality to hold (permitting services to be discovered/substituted independently for each party when contract refinement preorders with all the above asymmetric communication means are considered and, instead, not to hold if the standard symmetric CCS/pi-calculus communication is considered (or when directly relating choreographies to behavioral contracts via a preorder, no matter the communication mean. The obtained maximal preorders are then characterized in terms of a new form of testing, called compliance testing, where not only tests must succeed but also the system under test (thus relating to controllability theory, and compared with classical preorders such as may/must testing, trace inclusion, etc. Finally, recent work about adaptable choreographies and behavioural contracts is presented, where the theory above is extended to update mechanisms allowing choreographies/contracts to be modified at run-time by internal (self-adaptation or external intervention.

Organizational and Client Commitment among Contracted Employees

Science.gov (United States)

Coyle-Shapiro, Jacqueline A-M.; Morrow, Paula C.

2006-01-01

This study examines affective commitment to employing and client organizations among long-term contracted employees, a new and growing employment classification. Drawing on organizational commitment and social exchange literatures, we propose two categories of antecedents of employee commitment to client organizations. We tested our hypotheses…

Informing water harvesting technology contract design using choice experiments

Science.gov (United States)

Tarfasa, Solomon; Brouwer, Roy; Sheremet, Oleg; Bouma, Jetske

2017-10-01

Introducing water harvesting technology is expected to be more effective and last longer if farm households are involved in their design. The main objective of this study is to inform policymakers in Ethiopia about the most important terms and conditions to incentivize farmers to enter into a contractual agreement to invest in water harvesting on their land. In order to test the influence of the way the specific contractual terms and conditions are communicated to farm households, many of whom are illiterate, a split sample approach is applied with and without visual aids for technical, institutional, and economic contract characteristics. Both samples generate significantly different results, highlighting the importance of how information is conveyed to farm households. This pattern is confirmed when examining the self-reported importance attached to the various contract characteristics. Equality Constrained Latent Class models show that contract characteristics for which visual aids were developed are considered more attentively, emphasizing the importance of adequate communication tools in a developing country context where literacy rates are limited to increase water technology innovation uptake and reduce farm household vulnerability to droughts.

The Court of Justice of the European Union and Fixed-term Work

DEFF Research Database (Denmark)

de la Porte, Caroline; Emmenegger, Patrick

2017-01-01

permanent workers and aims to prevent abuse of this contract form. Surprisingly, the Court of Justice of the European Union (CJEU) rulings in this area have by and large been neglected in comparative labour market research. We fill this gap by systematically analysing the CJEU case law concerning fixed......While fixed-term work benefits employers and increases the prospects of employability of various categories of workers, it is inherently precarious. The European Union (EU) directive on fixed-term work emphasizes the importance of equal treatment of workers on fixed-term contracts with comparable...... show that the equal treatment is affirmed in all cases under analysis for different provisions of labour contracts. With regard to abuse of recourse to fixed-term contracts, by contrast, the rulings still represent a zone of legal uncertainty, whereby some judgments allow for fixed-term contracts...

Stability of contracts in the Brazilian wine industry

Directory of Open Access Journals (Sweden)

Decio Zylbersztajn

2005-06-01

Full Text Available A variety of contracts between wineries and grape growers are observed in Brazil. This study addresses the concept of coordination of food chains, particularly the stability of contractual relationships. A qualitative analysis of industry-farmers contracts is presented, followed by a quantitative analysis testing transaction cost economics-based hypothesis. Scale, location, age of vineyard, and the cooperative organizational form are addressed in terms of the effect on the stability of contracts. Vertical and horizontal coordination are addressed. Data come from a sample of 139 grape-growers that supplied 10 major wineries. The results show that more stable contracts or vertical integration are characteristic of high quality wine production, where the need for strict contractual coordination is more relevant, i.e. risk of hold up losses is larger. We test the hypothesis that site specificity and quality-related specific investments are associated with more stable contractual architectures. Farmers' cooperatives present poorer performance but tend to hold more stable relationships with their members, possibly the result of adverse selection, since specialized farmers prefer to maintain contracts with investor-owned wineries, instead of farmers' cooperatives. Conclusions are presented in the final part.

Polymorphic Contracts

Science.gov (United States)

Belo, João Filipe; Greenberg, Michael; Igarashi, Atsushi; Pierce, Benjamin C.

Manifest contracts track precise properties by refining types with predicates - e.g., {x : Int |x > 0 } denotes the positive integers. Contracts and polymorphism make a natural combination: programmers can give strong contracts to abstract types, precisely stating pre- and post-conditions while hiding implementation details - for example, an abstract type of stacks might specify that the pop operation has input type {x :α Stack |not ( empty x )} . We formalize this combination by defining FH, a polymorphic calculus with manifest contracts, and establishing fundamental properties including type soundness and relational parametricity. Our development relies on a significant technical improvement over earlier presentations of contracts: instead of introducing a denotational model to break a problematic circularity between typing, subtyping, and evaluation, we develop the metatheory of contracts in a completely syntactic fashion, omitting subtyping from the core system and recovering it post facto as a derived property.

48 CFR 217.175 - Multiyear contracts for electricity from renewable energy sources.

Science.gov (United States)

2010-10-01

... electricity from renewable energy sources. 217.175 Section 217.175 Federal Acquisition Regulations System... renewable energy sources. (a) The head of the contracting activity may enter into a contract for a period not to exceed 10 years for the purchase of electricity from sources of renewable energy, as that term...

The economics of energy service contracts

Energy Technology Data Exchange (ETDEWEB)

Sorrell, S. [University of Sussex, Brighton (United Kingdom). Sussex Energy Group, SPRU -Science and Technology Policy Research

2007-01-15

Energy service contracting can provide a cost-effective route to overcoming barriers to energy efficiency. Energy service contracts allow the client to reduce operating costs, transfer risk and concentrate attention on core activities. However, the energy services model may only be appropriate for a subset of energy services and energy using organisations. A challenge for both business strategy and public policy is to identify those situations in which energy service contracting is most likely to be appropriate and the conditions under which it is most likely to succeed. Energy service contracting is a form of outsourcing. It will only be chosen where the expected reduction in the production cost of supplying energy services can more than offset the transaction cost of negotiating and managing the relationship with the energy service provider. Production costs will be determined by a combination of the physical characteristics of the energy system and the technical efficiency of the relevant organisational arrangements, including economies of scale and specialisation. Transaction costs, in turn, will be determined by the complexity of the energy service, the 'specificity' of the investments made by the contractor, the competitiveness of the energy services market and the relevant legal, financial and regulatory rules. This paper develops these ideas into a general framework that may be used to assess the feasibility of energy service contracting in different circumstances. The framework leads to a number of hypotheses that are suitable for empirical test. (author)

The economics of energy service contracting

Energy Technology Data Exchange (ETDEWEB)

Sorrell, Steve [Univ. of Sussex (United Kingdom). SPRU

2005-07-01

Energy service contracting can provide a cost-effective route to overcoming barriers to energy efficiency. Energy service contracts allow the client to reduce operating costs, transfer risk and concentrate attention on core activities. However, the energy services model may only be appropriate for a subset of energy services and energy using organisations. A challenge for both business strategy and public policy is to identify those situations in which energy service contracting is most likely to be appropriate and the conditions under which it is most likely to succeed. Energy service contracting is a form of outsourcing. It will only be chosen where the expected reduction in the production cost of supplying energy services can more than offset the transactions cost of negotiating and managing the relationship with the energy service provider. Production costs will be determined by a combination of the physical characteristics of the energy system and the technical efficiency of the relevant organisational arrangements, including economies of scale and specialisation. Transaction costs, in turn, will be determined by the complexity of the energy service, the 'specificity' of the investments made by the contractor, the 'contestability' of the energy services market and the relevant legal, financial and regulatory rules. This paper develops these ideas into a general framework that may be used to assess the feasibility of energy service contracting in different circumstances. The framework leads to a number of hypotheses that are suitable for empirical test.

The economics of energy service contracts

International Nuclear Information System (INIS)

Sorrell, Steve

2007-01-01

Energy service contracting can provide a cost-effective route to overcoming barriers to energy efficiency. Energy service contracts allow the client to reduce operating costs, transfer risk and concentrate attention on core activities. However, the energy services model may only be appropriate for a subset of energy services and energy using organisations. A challenge for both business strategy and public policy is to identify those situations in which energy service contracting is most likely to be appropriate and the conditions under which it is most likely to succeed. Energy service contracting is a form of outsourcing. It will only be chosen where the expected reduction in the production cost of supplying energy services can more than offset the transaction cost of negotiating and managing the relationship with the energy service provider. Production costs will be determined by a combination of the physical characteristics of the energy system and the technical efficiency of the relevant organisational arrangements, including economies of scale and specialisation. Transaction costs, in turn, will be determined by the complexity of the energy service, the 'specificity' of the investments made by the contractor, the competitiveness of the energy services market and the relevant legal, financial and regulatory rules. This paper develops these ideas into a general framework that may be used to assess the feasibility of energy service contracting in different circumstances. The framework leads to a number of hypotheses that are suitable for empirical test

29 CFR 4.122 - Contracts for operation of postal contract stations.

Science.gov (United States)

2010-07-01

... Application of the McNamara-O'Hara Service Contract Act Specific Exclusions § 4.122 Contracts for operation of postal contract stations. The Act, in paragraph (7) of section 7, exempts from its provisions “any... 29 Labor 1 2010-07-01 2010-07-01 true Contracts for operation of postal contract stations. 4.122...

48 CFR 1352.201-72 - Contracting Officer's Representative (COR).

Science.gov (United States)

2010-10-01

... COR is also responsible for the final inspection and acceptance of all deliverables and such other... otherwise obligate the Government or authorize any changes which affect the contract price, terms or...

The lifecycle approach as a driver for innovative power contracting; Der Lifecycle-Ansatz als Treiber fuer innovatives Energie-Contracting

Energy Technology Data Exchange (ETDEWEB)

Gayer, Alfred [RWE Energiedienstleistungen GmbH (Germany)

2011-07-01

The sensible and efficient use of energy raises more and more the general awareness. The efficiency of projects will be influenced not only by the replacement of existing technology, but also mainly by the general conception of the design of decentralized energy supplies. The integration of waste heat from production-related processes as well as the use of all forms of energy such as electricity, heat, refrigeration and compressed air to meet the customer needs in a comprehensive energy plan increase the complexity and significantly the efficiencies. In the implementation of such projects the contracting is becoming increasingly important because the future gains in efficiency are taken into account directly. Contracting projects include the traditional total-cost-of-ownership approach (lifecycle approach). This approach considers the investment costs as well as the consequential costs of a project and shows how to optimize the total cost.

IPP fuel contracts - creating certain contracts for uncertain times

Energy Technology Data Exchange (ETDEWEB)

Coddington, I. [Coddington International Pty. Ltd., Milsons Point, NSW (Australia)

1998-12-31

Coal contracts for the new Asian Independent Power Producers (IPPs) are examined. Since most IPPs will be selling to state electricity utilities, often in competition with power plant using other fuels, coal based IPPs must negotiate advantageous coal supply contracts several years before the commissioning of a plant, and must ensure security of supply for at least the life of the construction loan. A more recent trend in the developed world is the Merchant IPP, where there is no guaranteed electricity sale. Lenders are wary of IPPs relying an imported coal, and insist on binding fuel contracts, while coal companies are wary of the quantity of information demanded by these lenders. A full understanding of the risks involved is needed; and a method of price indexation for the contracts. Contracts must also specify security of supply, coal quality, freight contracts and other details. 2 figs.

ADMINISTRATIVE CONTRACTS. DELIMITATIONS

Directory of Open Access Journals (Sweden)

Liana Teodora PASCARIU

2016-12-01

Full Text Available Article examines whether all contracts of public persons are administrative contracts; in other words, if the administration may conclude contracts that, according to their legal nature, are not administrative. If we start from the definition of administrative contracts as it appears in Law no. 554/2004, these include contracts by public authorities which concern the enhancement of public property execution of works of public interest, public services, public procurement and other administrative contracts provided by special laws and subject to the jurisdiction of the administrative courts.

Administrative contracts

OpenAIRE

Vukićević-Petković Milica

2015-01-01

Administrative contracts are a special type of contract where usually one of the contracting parties is a public law body and which is concluded for the performance of public service and the realization of a public interest. They go a long way since its inception to its eventual final acceptance of all the legal systems. One of the enduring characteristics of this type of contract is their disquised or unnoticed existence. This is why only monitoring their development may lead to a complete u...