24 CFR 983.205 - Term of HAP contract.

Science.gov (United States)

2010-04-01

... 24 Housing and Urban Development 4 2010-04-01 2010-04-01 false Term of HAP contract. 983.205... DEVELOPMENT PROJECT-BASED VOUCHER (PBV) PROGRAM Housing Assistance Payments Contract § 983.205 Term of HAP contract. (a) Ten-year initial term. The PHA may enter into a HAP contract with an owner for an initial...

48 CFR 32.203 - Determining contract financing terms.

Science.gov (United States)

2010-10-01

... financing terms. 32.203 Section 32.203 Federal Acquisition Regulations System FEDERAL ACQUISITION REGULATION GENERAL CONTRACTING REQUIREMENTS CONTRACT FINANCING Commercial Item Purchase Financing 32.203 Determining contract financing terms. When the criteria in 32.202-1(b) are met, the contracting officer may either...

Explaining the contract terms of energy performance contracting in China: The importance of effective financing

International Nuclear Information System (INIS)

Li, Yan; Qiu, Yueming; Wang, Yi David

2014-01-01

Energy service company (“ESCO”) uses Energy Performance Contracting (“EPC”) to provide energy-saving services to its clients. Under an EPC, both ESCO and the client invest in the energy efficiency measures, according to a negotiated share of investment. Within the length of the contract, the ESCO and its client divide up the saved energy bill according to a negotiated share. Once the contract expires, the client claims all of the saved energy bills if the energy efficiency measures still last. Different EPC projects have different contract terms, including total investment, share of investment and length of contract. These contract terms directly determine the resulted energy savings. Thus it is essential and important to look at how these contract terms are formed and what are the major influencing factors. This paper first builds a theoretical bargain model between ESCO and its client to find out the structural relationship among these contract terms. Then, using the information of about 140 EPC contracts in China in 2010 and 2011, the paper empirically estimates the impacts of various factors on the contract terms and the resulted energy savings. We find that cost of capitals for ESCOs and the clients, especially for ESCOs, is a major factor influencing contract terms and the resulted energy savings. Thus providing effective financing is critical for the development of EPC in China. - Highlights: • We build a theoretical bargain model between an ESCO and its client. • We empirically quantify the impacts of various factors on EPC contract terms. • Cost of capital is a key factor determining EPC contract terms. • Providing effective financing, especially for ESCOs is important

29 CFR 4.145 - Extended term contracts.

Science.gov (United States)

2010-07-01

...'Hara Service Contract Act Changes in Contract Coverage § 4.145 Extended term contracts. (a) Sometimes... purposes of this Act, a contract shall be deemed entered into upon the contract anniversary date which... period is a wholly new contract with respect to application of the Act's provisions and the regulations...

Natural gas market assessment: Long-term Canadian natural gas contracts

International Nuclear Information System (INIS)

1992-08-01

A descriptive analysis is presented of the changes which have occurred and the developing trends in the long-term Canadian contracts governing the sale of western Canadian gas into the domestic and export markets from 1985 to 1991. The report is limited to domestic and export contracts for Canadian gas and does not include imported gas under contract. Contract structures prior to deregulation, the changing role of long-term contracts, size and duration of long-term contracts, and terms and conditions of long-term contracts are discussed. Important changes since the mid-1980s include: increased flexibility in long-term contracts enabling the parties to respond more readily to changing supply and demand conditions; greater balance between the buyer's obligation to purchase and the seller's obligation to deliver; flexible and increasingly simple pricing terms that track competitive market conditions; shorter contract terms; reduced contract volumes as smaller end-users and producer/marketers enter the market; and unbundling of gas sales and transportation service providing a wider range of contracting choices and options. 36 figs., 2 tabs

Changing incentives for long-term gas contracts

International Nuclear Information System (INIS)

Bohi, D.R.

1992-01-01

There is much concern about the absence of long-term gas contracts with fixed price and quantity conditions, which until recent years was the standard way of doing business in the gas industry. These types of contracts performed a valuable service in the development of the gas industry, and there comparative absence today is sometimes thought to be one reason for the current malaise in the industry. One hears the argument that there must be some kind of 'market failure' that prevents buyers and sellers from entering into these long term arrangements, and recent changes in state and federal regulations are often cited as the cause of the problem. The purpose of the author's remarks is to argue that what is taken as a breakdown in the market may be simply a reaction to a decline in economic incentives to enter into long-term contracts with rigid price and quantity terms. This is, in other words, simply one more aspect of change in the gas business that Frank Heintz referred to in his opening remarks this morning. The author starts by giving a brief description of the motives for engaging in long-term contracts, and then describes how incentives to use long-term contracts have declined for both gas buyers and gas sellers. He concludes that the decline in the use of long-term contracts is not cause for regulatory concern, but a result of the continuing transformation of the gas business to one that more closely resembles other commodity markets

77 FR 73699 - International Mail Contract

Science.gov (United States)

2012-12-11

... POSTAL REGULATORY COMMISSION [Docket No. CP2013-24; Order No. 1566] International Mail Contract AGENCY: Postal Regulatory Commission. ACTION: Notice. SUMMARY: The Commission is noticing a recent Postal... Service also identifies differences between the two contracts, such as the addition of several articles...

77 FR 73062 - International Mail Contract

Science.gov (United States)

2012-12-07

... POSTAL REGULATORY COMMISSION [Docket No. CP2013-23; Order No. 1562] International Mail Contract AGENCY: Postal Regulatory Commission. ACTION: Notice. SUMMARY: The Commission is noticing a recent Postal.... The Postal Service also identifies differences between the two contracts, such as revisions to...

77 FR 75452 - New International Mail Contract

Science.gov (United States)

2012-12-20

... Contract AGENCY: Postal Regulatory Commission. ACTION: Notice. SUMMARY: The Commission is noticing a recently-filed Postal Service request to enter into an additional international mail contract. This... contract (Agreement).\\1\\ The Postal Service seeks to have the Agreement included within the GEPS 3 product...

42 CFR 414.422 - Terms of contracts.

Science.gov (United States)

2010-10-01

...)(i) of the Act, if applicable to such subcontractor. (g) Breach of contract. (1) Any deviation from... requirements, constitutes a breach of contract. (2) In the event a contract supplier breaches its contract, CMS... 42 Public Health 3 2010-10-01 2010-10-01 false Terms of contracts. 414.422 Section 414.422 Public...

78 FR 54687 - International Mail Contract

Science.gov (United States)

2013-09-05

... Service filing seeking to include a new International Business Reply Service (IBRS) agreement within the... Postal Service seeks to include a new International Business Reply Service (IBRS) agreement (Agreement... a Functionally Equivalent International Business Reply Service Competitive Contract 3 Negotiated...

77 FR 75200 - New International Mail Contract

Science.gov (United States)

2012-12-19

... Contract AGENCY: Postal Regulatory Commission. ACTION: Notice. SUMMARY: The Commission is noticing a recently-filed Postal Service request to enter into an additional international mail contract. This... contract (Agreement).\\1\\ The Notice was filed in accordance with 39 CFR 3015.5. Notice at 1. The Postal...

77 FR 72412 - International Mail Contract

Science.gov (United States)

2012-12-05

... POSTAL REGULATORY COMMISSION [Docket No. CP2013-22; Order No. 1557] International Mail Contract AGENCY: Postal Regulatory Commission. ACTION: Notice. SUMMARY: The Commission is noticing a recent Postal... Service also identifies differences between the two contracts, such as the deletion of an article, the...

The Effects of the International Contract for Sale of Goods

Directory of Open Access Journals (Sweden)

Berlingher Daniel

2017-06-01

Full Text Available The contracts are the indispensable legal instruments for any economic transaction. The international sale contract is the main legal instrument by which international commerce is carried out and through which the movement of goods from producer to consumer is ensured within cross-border relations. The sale contract in international commerce is the legal act by which the parties, the seller and the buyer, belonging to different states, commit each other to transfer the property of a good in return for payment of a price. Regarding the general rules applicable to the contract of international sale of goods, they are regulated by the “United Nations Convention on Contracts for the International Sale of Goods from Vienna”. The Convention has adopted uniform rules to govern the international sale of goods contract, if the parties have not chosen expressly for the application of other rules. In this study I present the effects of international sale of goods in the light of the rules of the Vienna Convention of 1980.

Legal Update--The Term Contract Nonrenewal Act.

Science.gov (United States)

Thomas, Stephen B.; Davenport, Linda L.

1982-01-01

The Term Contract Nonrenewal Act, passed by the Texas Legislature in August 1981, provides term contract teachers with the option of a due process hearing before nonrenewal. Specific aspects of this act, dealing with teacher evaluation, notice of nonrenewal, hearings, and decisions and appeals, are reveiwed. (CJ)

Legal Considerations for International Collaborative Research Contract

International Nuclear Information System (INIS)

Lee, D. S.; Oh, K. B.; Kim, H. J.; Lee, J. H.

2007-01-01

Though collaborative research is pure academic activity the research plan and resource allocation for the research are shaped under foam of contract. Thus, legal binding effect and compulsive instrument is adopted at the research contract. This paper aimed at guiding equal collaborative research contract in legal aspect. To reach the goal (1) enforceability and elements of international collaborative contract, (2) damage calculation and related issues with those topics shall be discussed in each section

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.

Convention on Contracts for the International Sale of Goods (CISG)

DEFF Research Database (Denmark)

Lookofsky, Joseph

Also sometimes referred to as the Vienna Sales Convention, the Convention on Contracts for the International Sale of Goods (CISG) regulates the rights of buyers and sellers in international sales. The Convention, which first entered into effect in 1988, is the first sales law treaty to win...... with international sales contracts and sales contract disputes will obtain an excellent overview of the Convention, as well as valuable information as to all its 101 Articles, compromising key topic areas such as the following: • Determining when the CISG applies; • Freedom of contract under Article 6...

7 CFR 400.208 - Term of the contract.

Science.gov (United States)

2010-01-01

... writing to the other party that the contract is not to be renewed. Any breach of the contract, or failure... 7 Agriculture 6 2010-01-01 2010-01-01 false Term of the contract. 400.208 Section 400.208..., DEPARTMENT OF AGRICULTURE GENERAL ADMINISTRATIVE REGULATIONS Agency Sales and Service Contract-Standards for...

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...

Positive and negative implications entailed by fixed-term employment contracts

Directory of Open Access Journals (Sweden)

Mihaela-Emilia Marica

2018-03-01

Full Text Available Generally, fixed-term employment contracts are seen as a stepping stone to permanent employment; they have become popular among the flexible forms of work contracts, and are the object of an increasing number of debates and assessments, investigating both the respective legislation and the specific consequences on the parties concluding a fixed-term employment contract. Despite the positive aspects of temporary employment – a positive effect on the rate of employment, and the common perception of such contracts as a preliminary step to permanent employment, as well as the flexibility they bring to the labor market – one cannot ignore the negative implications of fixed-term contracts on the nature of the employment relationship, the system of social protection, the working conditions, the economic security, and the job stability. Based on these considerations, the present paper investigates the advantages and disadvantages of the individual fixed-term employment contract from the standpoints of both employers and employees. Obviously, this approach aims to explore the usefulness and importance of these contract types, as means for balancing the needs of employers and employees on the labor market, and for identifying concrete instances that justify the liberalization of fixed-term employment, despite all the inherent risks entailed by any type of non-standard work: lack of job security; reduced social protection and security for those concluding such a contract.

Future Contract Selection by Term Structure Analysis

Directory of Open Access Journals (Sweden)

Vasco Grossmann

2017-07-01

Full Text Available In futures markets, a single asset is generally represented by several contracts with different maturities. The selection of specific contracts is an inevitable task that also creates new opportunities, especially in terms of speculative trading. Evaluating immediate and upcoming trading costs for all considered contracts might lead to a significantly improved performance. Among that, even possible market inefficiencies might be taken into consideration. This research introduces and evaluates a new algorithm for the contract selection. The results are benchmarked and compared with established methods using a Monte Carlo simulation on different commodity and index futures.

Preparation of International Business Contracts in Facing the ASEAN Economic Community Era

Directory of Open Access Journals (Sweden)

Sahlan Sahlan

2016-12-01

Full Text Available This article reviews the preparation for composing and formulating the international business contracts in facing the ASEAN Economic Community era. The study used the normative approach by collecting the materials related to the international business contracts. The outcomes of the research indicate that constitutionally, the Indonesian government must provide protection and equitable legal certainty for Indonesian citizens who intend to conduct business transactions within the framework of AEC. Format and writing techniques of international business contracts is compulsory known by the business people and their legal consultants that they do not suffer losses due to errors in the preparing of contract that violates the rules and provisions of international business contract.

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...

Convention on Contracts for the International Sale of Goods (CISG)

DEFF Research Database (Denmark)

Lookofsky, Joseph

Also sometimes referred to as the Vienna Sales Convention, the Convention on Contracts for the International Sale of Goods (CISG) regulates the rights of buyers and sellers in international sales. The Convention, which first entered into effect in 1988, is the first sales law treaty to win....... With this monograph as their guide, lawyers and scholars who deal with international sales contracts and sales contract disputes will obtain an excellent overview of the Convention, as well as valuable information as to all its 101 Articles, compromising key topic areas such as the following: • Determining when...

CONSIDERATION ON THE LEGAL REGIME APPLICABLE TO INTERNATIONAL TOURISM CONTRACTS

Directory of Open Access Journals (Sweden)

Serban-Alexandru STANESCU

2017-07-01

Full Text Available Upon conclusion of an international tourism contract, the contracting parties - one of which (the beneficiary acts as the consumer – are facing legal difficulties, which are addressed by this study from the perspective of the interference between the national law and the European Union law. Thus, one of the primary issues considered herein is that concerning the determination of the applicable law based on which the rights and obligations of the contracting parties are to be established. Secondly, this study examines the applicable procedural rules in the case where a Romanian court is requested to settle a dispute arising from an international tourism contract. Finally, the study deals with the hypothesis where a dispute arising from such a contract is settled by a foreign court, and in particular with the effects of the judgment given by the foreign court on the territory of Romania. The above mentioned issues are the grounds behind this research on the legal status of international tourism contracts, in addition to the fact that, despite the rich contractual practice in the field under consideration, the amount of specialized literature on this subject is rather limited.

76 FR 72452 - International Mail Contract

Science.gov (United States)

2011-11-23

... POSTAL REGULATORY COMMISSION [Docket No. R2012-4; Order No. 981] International Mail Contract AGENCY: Postal Regulatory Commission. ACTION: Notice. SUMMARY: The Commission is noticing a recently-filed Postal Service request to enter into an additional bilateral agreement with HongKong Post Group...

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

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)

Long term contracts signed in Slovak timber business

International Nuclear Information System (INIS)

Haluza, I.

2005-01-01

The Slovak timber business is changing. The state-owned company, SR Forests, which cuts more then 50% of Slovak timber has signed long term agreements with major domestic timber processing companies - Smrecina, the Rettenmeier Tatra Timber saw mill in Liptovsky Mikulas and two paper mills - Mondi SCP Ruzomberok and Kappa Sturovo. In the past, only quarterly contracts were signed. Now, for the first time, two-year contracts have been signed that should help the timber processing industry and the forestry sector. The General Director of Lesy SR (SR Forests), Karol Vins, hopes for better sale prices. Company headquarters wants to maintain better control of prices than under the old system of timber sales by its branches. In the opinion of the General Director of the Forestry Section at the Ministry of Agriculture, long term contracts will guarantee a stable delivery of timber to processing companies, giving investors in new production capacity a better position in negotiations with banks regarding financing. According to K. Vins, long term contracts have so far only been negotiated with major timber processing companies which are mostly controlled by foreign capital and therefore have good payment discipline. The Association of the Timber Processing Industry is unhappy regarding developments and Lesy SR has not invited domestic companies to these negotiations

76 FR 10628 - International Product Change-International Business Reply Service Contract

Science.gov (United States)

2011-02-25

...Postal Service gives notice of filing a request with the Postal Regulatory Commission to add International Business Reply Service Competitive Contract 3 to the Competitive Products List pursuant to 39 U.S.C. 3642.

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...

Saving clauses in international contracts concerning the nuclear fuel cycle

International Nuclear Information System (INIS)

Virole, J.; Roubin, J.

1983-01-01

This paper concerns saving clauses in international contracts relating to the fuel cycle. It deals in particular with economic upheavals affecting those contracts and the usual clauses to protect the financial interests of the co-contractors. The paper also examines such economic upheavals in the context of clauses intended to preserve the contracts. (NEA) [fr

Contracting Parties in the International Successive Transport

Directory of Open Access Journals (Sweden)

Ion IORGA

2010-11-01

Full Text Available Sometimes, the carrier, in order to accomplish the task of moving goods to its destination, he appeals to other carriers, for various reasons, concluding another contract of carriage, whichcircumscribes the initial contract and it entrusts the achievement of the entire transportation or only a part of it. Sometimes, there are precise stipulations in the main contract of carriage concerning thisissue. Besides the movement of goods, which we may call traditional, defined as using means of transportation of the same kind, lately we can observe the proliferation of more complex operations, which have the generic name of successive transportation. In such shipments, the multimodal transport plays an important role. Thus, the present approach focuses on some features of the legal relationships which may arise between the contracting carrier, surrogate carrier, consignor and consignee, and also on the results from the analysis of the concerned international conventions.

International Commercial Contracts, by Giuditta Cordero Moss. (Cambridge: Cambridge University Press, 2014)

DEFF Research Database (Denmark)

Lando, Ole

2015-01-01

Review of: Giuditta Cordero Moss, International Commercial Contracts. Cambridge: Cambridge University Press, 2014. XV + 329 pages. ISBN: 9781107684713......Review of: Giuditta Cordero Moss, International Commercial Contracts. Cambridge: Cambridge University Press, 2014. XV + 329 pages. ISBN: 9781107684713...

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

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...

Types of international petroleum contracts

International Nuclear Information System (INIS)

Katz, S.B.

1992-01-01

This paper reports on history and development of International Petroleum Contracts. The emphasis in petroleum exploration has steadily shifted away from the domestic oil patch and toward the international arena. Today an estimated 577.3 billion bbl, or approximately 83% of the world's proven oil reserves, lie outside the western hemisphere. The distribution of these proven oil reserves can be broken down into three major socioeconomic categories - developed market economies, centrally planned economies, and developing countries - indicating that fully 76.7% of the world's proven oil reserves occur in developing countries. As multinational oil companies come into contact with the various host countries around the world, their course of action, and the course of the host country's reaction to them, are unfortunately colored by events that proceeded the initial contact

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.

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)

International contracts - private autonomy and State law: consideration of recent trends with particular attention to their effect on nuclear contracts

International Nuclear Information System (INIS)

Carbone, Sergio

1981-01-01

This paper provides a description of several types of international contracts and their clauses, in particular in relation to their limitations which are partly due to compliance with the law of the countries concerned. The actions of private business concerns are increasingly conditioned by the position taken at government level, while States in turn are governed by commitments under Treaties they have concluded, e.g. the International Monetary Fund Treaty and the 1980 Rome Convention relating to contractual obligations. The author also deals with private autonomy and international contracts in the context of the development of international economic relationships. (NEA) [fr

Winning PEMEX consulting contracts through international bidding : sharing a Canadian success strategy

International Nuclear Information System (INIS)

Lin, J.

1999-01-01

A series of brief notes and overhead viewgraphs accompanied this presentation which described how Enbridge Technology obtained a contract with Mexico's PEMEX Refining through an international open bid. The scope of the contract was to advise PEMEX on how to modernize and automate their national liquids pipeline system. The value of the contract was US$11.6 million. The time span was from April 1998 to October 1999. A flow chart was included which illustrated the typical international bidding process. Enbridge prepared their bid by paying attention to bid basis details and emphasized their technical qualifications. 1 fig

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

48 CFR 47.205 - Availability of term contracts and basic ordering agreements for transportation or for...

Science.gov (United States)

2010-10-01

... TRANSPORTATION Contracts for Transportation or for Transportation-Related Services 47.205 Availability of term... is generally more economical and efficient for most agencies to make use of term contracts and basic... on behalf of other activities and agencies. For instance, GSA awards term contracts for services such...

Comparison of fully internally and strongly contracted multireference configuration interaction procedures

Science.gov (United States)

Sivalingam, Kantharuban; Krupicka, Martin; Auer, Alexander A.; Neese, Frank

2016-08-01

Multireference (MR) methods occupy an important class of approaches in quantum chemistry. In many instances, for example, in studying complex magnetic properties of transition metal complexes, they are actually the only physically satisfactory choice. In traditional MR approaches, single and double excitations are performed with respect to all reference configurations (or configuration state functions, CSFs), which leads to an explosive increase of computational cost for larger reference spaces. This can be avoided by the internal contraction scheme proposed by Meyer and Siegbahn, which effectively reduces the number of wavefunction parameters to their single-reference counterpart. The "fully internally contracted" scheme (FIC) is well known from the popular CASPT2 approach. An even shorter expansion of the wavefunction is possible with the "strong contraction" (SC) scheme proposed by Angeli and Malrieu in their NEVPT2 approach. Promising multireference configuration interaction formulations (MRCI) employing internal contraction and strong contraction have been reported by several authors. In this work, we report on the implementation of the FIC-MRCI and SC-MRCI methodologies, using a computer assisted implementation strategy. The methods are benchmarked against the traditional uncontracted MRCI approach for ground and excited states of small molecules (N2, O2, CO, CO+, OH, CH, and CN). For ground states, the comparison includes the "partially internally contracted" MRCI based on the Celani-Werner ansatz (PC-MRCI). For the three contraction schemes, the average errors range from 2% to 6% of the uncontracted MRCI correlation energies. Excitation energies are reproduced with ˜0.2 eV accuracy. In most cases, the agreement is better than 0.2 eV, even in cases with very large differential correlation contributions as exemplified for the d-d and ligand-to-metal charge transfer transitions of a Cu [NH 3 ] 4 2 + model complex. The benchmark is supplemented with the

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

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)

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...

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.

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

International long-term interim storage for spent fuel. An independent storage service investor model

International Nuclear Information System (INIS)

Leister, P.

1999-01-01

Thinking globally the obvious world-wide demands for large storage capacities for spent fuel within the next decades and the newly arising demands for long-term interim storage of spent fuel urges to respond by international interim storage facilities of high capacity. Low cost storage can be achieved only by arranging the storage facility underground in a suitable host rock formation and by selecting the geographical are by an international competition under those countries, who are willing to offer their land. The investor and operator of an international storage facility selected and realised by a competition on the free market as well as the country where the storage is built are both bound by two different kinds of contacts. The main contract is between the offering country/region and the independent operator. The independent operator has in addition a series of contracts with various utilities, which are interested to have their spent fuel stored for a longer period

Wess-Zumino term for the AdS superstring and generalized Inoenue-Wigner contraction

International Nuclear Information System (INIS)

Hatsuda, Machiko; Sakaguchi, Makoto

2003-01-01

We examine a Wess-Zumino term, written in a form of bilinear in superinvariant currents, for a superstring in anti-de Sitter (AdS) space, and derive a procedure for obtaining the correct flat limit. The standard Inoenue-Wigner contraction does not give the correct flat limit but, rather, gives zero. This erroneous result originates from the fact that the fermionic metric of the super-Poincare group is degenerate. We propose a generalization of the Inoenue-Wigner contraction from which a 'nondegenerate' super-Poincare group is derived from the super-AdS group. For this reason, this contraction gives the correct flat limit of this Wess-Zumino term. We also discuss the M-algebra obtained using this generalized Inoenue-Wigner contraction from osp(1|32). (author)

The 1980 United Nations Convention on Contracts for the International Sale of Goods

DEFF Research Database (Denmark)

Lookofsky, Joseph

2012-01-01

On the basis of the central commercial importance of contracts of sale and the impressive and steadily growing list of ratifications (more than 75 States), the CISG Convention must be regarded as the most significant piece of substantive contract legislation in effect at the international level....

The 1980 United Nations Convention on Contracts for the International Sale of Goods

DEFF Research Database (Denmark)

Lookofsky, Joseph

2016-01-01

On the basis of the central commercial importance of contracts of sale and the impressive and steadily growing list of ratifications (more than 80 States), the CISG Convention must be regarded as the most significant piece of substantive contract legislation in effect at the international level....

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

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,

International Jurisdiction and Commercial Litigation: uniform rules for contract disputes

NARCIS (Netherlands)

H. van Lith (Hélène)

2009-01-01

textabstractThis book deals with judicial jurisdiction of state courts in international disputes, in particular those arising out of transnational commercial contracts entered into between private entities, individuals, and corporations.1 The present study examines whether any common grounds in

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

Contracts for the International Sale of Goods : Recent Developments at the International and European Level

NARCIS (Netherlands)

Kruisinga, Sonja

2014-01-01

In the globalizing economy, national borders seem to have disappeared. However, when determining which law will apply to a commercial transaction, the opposite seems true. In 1980, the UN Convention on Contracts for the International Sale of Goods (hereafter the CISG) was specifically drafted to

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.

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.

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.

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

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...

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)

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 –

77 FR 71458 - New International Mail Contract

Science.gov (United States)

2012-11-30

... Contract AGENCY: Postal Regulatory Commission. ACTION: Notice. SUMMARY: The Commission is noticing a... Contracts 1. This document invites public comments on the request and addresses several related procedural... Reseller Expedited Package (GREP) contract (Contracts 1).\\1\\ It seeks to have the instant Contract included...

International Mechanisms to Support Records, Knowledge and Memory Preservation Over the Short and Medium Term

International Nuclear Information System (INIS)

Schneider, Thierry; Andresz, Sylvain; Reaud, Cynthia; Dumont, Jean-Noel

2015-07-01

The aim of this analysis is to investigate the potential usefulness of mechanisms that have international influence, scope or support and are based on international cooperation, for the preservation of records, knowledge and memory (RK and M) about radioactive waste in the short and medium term. Eleven international mechanisms set up through the United Nations Educational, Scientific and Cultural Organization (UNESCO), the United Nations Economic Commission for Europe (UNECE), the International Atomic Energy Agency (IAEA) and the European Commission (EC) were analysed following two main objectives: identifying the key characteristics of the organisations coordinating the international mechanisms and analysing the contribution of those mechanisms to the preservation of records, memory and knowledge. This analysis points out that the link with international organisations provides international mechanisms with important technical and administrative support as well as with fora for dialogue. The voluntary involvement of contracting parties to join the individual mechanisms for a common goal and their declaration of adhesion to the objectives constitute the driving force of various international conventions. Nevertheless, the efficacy of these mechanisms can be limited in case of conflict. Most of these mechanisms are based on the recognition of individual and societal rights for protection issues, and entail that each contracting party assumes the mechanism's responsibilities. The mechanisms provide a platform for establishing an 'evolving' convention. The prime objective of the conventions examined in this document lies on economic development, while the international mechanisms associated with them also emphasise the necessity to take into account societal and environmental issues. The link with more general frameworks allows the mobilisation of regular funds. Beyond the funds, it is important to mention that the efficiency also relies on the capacity of the various

77 FR 26583 - International Mail Contract

Science.gov (United States)

2012-05-04

... neither the fundamental service that it is offering nor the fundamental structure of the contract. Id. at..., the relevant characteristics of this GREP contract are similar, if not the same, as the relevant characteristics of the contract filed in Docket No. CP2010-36. Id. at 4. The Postal Service concludes that its...

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.

77 FR 71642 - New International Mail Contract

Science.gov (United States)

2012-12-03

... Contract AGENCY: Postal Regulatory Commission. ACTION: Notice. SUMMARY: The Commission is noticing a... Services 3 contract. This document invites public comments on the request and addresses several related... Expedited Package Services (GEPS) 3 contract (Contract).\\1\\ The Notice was filed in accordance with 39 CFR...

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

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

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

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.

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

78 FR 3478 - International Mail Contracts

Science.gov (United States)

2013-01-16

... similar cost and market characteristics. Id. at 5. It notes that the pricing formula and classification...-filed Postal Service request concerning an additional Global Plus 2C contract. This document invites... that it is entering into an additional Global Plus 2C contract (Agreement).\\1\\ The Postal Service seeks...

78 FR 3477 - International Mail Contracts

Science.gov (United States)

2013-01-16

... they share similar cost and market characteristics. Id. at 5. It notes that the pricing formula and...-filed Postal Service request concerning an additional Global Plus 2C contract. This document invites... announcing that it is entering into an additional Global Plus 2C contract (Agreement).\\1\\ The Postal Service...

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...

Promises from Afar: A Model of International Student Psychological Contract in Business Education

Science.gov (United States)

Bordia, Sarbari; Bordia, Prashant; Restubog, Simon Lloyd D.

2015-01-01

Despite their significant presence in western business schools, the needs and experiences of international students have not been adequately reflected in the business education literature. We draw upon psychological contract theory--used to understand employer-employee relationships--to develop a novel theoretical model on the international…

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...

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

Nonorthogonal orbital based N-body reduced density matrices and their applications to valence bond theory. I. Hamiltonian matrix elements between internally contracted excited valence bond wave functions

Science.gov (United States)

Chen, Zhenhua; Chen, Xun; Wu, Wei

2013-04-01

In this series, the n-body reduced density matrix (n-RDM) approach for nonorthogonal orbitals and their applications to ab initio valence bond (VB) methods are presented. As the first paper of this series, Hamiltonian matrix elements between internally contracted VB wave functions are explicitly provided by means of nonorthogonal orbital based RDM approach. To this end, a more generalized Wick's theorem, called enhanced Wick's theorem, is presented both in arithmetical and in graphical forms, by which the deduction of expressions for the matrix elements between internally contracted VB wave functions is dramatically simplified, and the matrix elements are finally expressed in terms of tensor contractions of electronic integrals and n-RDMs of the reference VB self-consistent field wave function. A string-based algorithm is developed for the purpose of evaluating n-RDMs in an efficient way. Using the techniques presented in this paper, one is able to develop new methods and efficient algorithms for nonorthogonal orbital based many-electron theory much easier than by use of the first quantized formulism.

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)

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…

On the rate of return and risk factors to international oil companies in Iran's buy-back service contracts

International Nuclear Information System (INIS)

Ghandi, Abbas; Lin Lawell, C.-Y. Cynthia

2017-01-01

We analyze the rate of return (ROR) and risk factors faced by Shell Exploration, an international oil company (IOC), in its Soroosh and Nowrooz buy-back service contract in Iran. In particular, based on our models of cash flow, we analyze the buy-back contract specific risk factors that can contribute to a reduction in the rate of return for the international oil company. Our cash flow models resemble the cash flow of buy-back service contracts before the Iranian government changed the way it determined the capital cost ceiling and pre-defined the oil price in these contracts in 2008–2009. Our actual and contractual cash flow models reveal that Shell Exploration's actual ROR was much lower than the contractual level. Furthermore, we find that among the risk factors that we considered, a capital cost overrun has the greatest negative effect on the IOC's ROR. Moreover, we show that there is a potential for modifying the contracts in order for the IOC to face an actual ROR closer to the contractual ROR even if the contract faces cost overrun or delay, without exceeding the maximum contractual ROR that the National Iranian Oil Company is willing to give. - Highlights: • Buy-back contract specific risk factors can reduce the rate of return. • Shell Exploration's actual ROR was much lower than the contractual level. • A capital cost overrun has the greatest negative effect on the rate of return. • Contracts can be modified to better share the risk.

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...

Dispute resolutions from the field of economy via contracting competence through Arbitration in the republic of Kosovo

Directory of Open Access Journals (Sweden)

Krenare Vokshi

2016-03-01

Full Text Available In terms of globalized economy, the integration trade cooperation process between state institutions, international organizations, and business entities are being followed by a dynamism regarding creation, modification, and termination of relations through the contracts which are now more standardized. Good business practices offered a good experience in terms of solving disputes on business transactions, local or international, security, efficiency and speed of trailing are enforced only if this issue is foreseen and contracted with special courts of arbitration. The role of arbitration on international trade is not only the solution of disputes. The arbitration has as its mission before the building of a fair trade and legal practice such as bona fides.

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...

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.

48 CFR 716.406 - Contract clauses.

Science.gov (United States)

2010-10-01

... 48 Federal Acquisition Regulations System 5 2010-10-01 2010-10-01 false Contract clauses. 716.406 Section 716.406 Federal Acquisition Regulations System AGENCY FOR INTERNATIONAL DEVELOPMENT CONTRACTING METHODS AND CONTRACT TYPES TYPES OF CONTRACTS Cost Reimbursement Contracts 716.406 Contract clauses. The...

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...

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)

Contract Administration of the Ice Delivery Contract between International American Products, Worldwide Services and the U.S. Army Corps of Engineers during the Hurricane Katrina Recovery Effort

National Research Council Canada - National Science Library

Jolliffe, Richard B; Burton, Bruce A; Culp, Deborah L; Wan, Bobbie S; Dutton, Gary B; Steinbauer, Jeffrey L; Herman, Rachel L; Kistler, Jonathan M; Johnson, Meredith H

2007-01-01

The U.S. Army Corps of Engineers Principal Assistant Responsible for Contracting requested a review on the administration of the ice delivery process between International American Products, Worldwide Services and the U.S...

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.

Axial contraction in etched optical fiber due to internal stress reduction.

Science.gov (United States)

Lim, Kok-Sing; Yang, Hang-Zhou; Chong, Wu-Yi; Cheong, Yew-Ken; Lim, Chin-Hong; Ali, Norfizah M; Ahmad, Harith

2013-02-11

When an optical fiber is dipped in an etching solution, the internal stress profile in the fiber varies with the fiber diameter. We observed a physical contraction as much as 0.2% in the fiber axial dimension when the fiber was reduced from its original diameter to ~6 µm through analysis using high resolution microscope images of the grating period of an etched FBG at different fiber diameters. This axial contraction is related to the varying axial stress profile in the fiber when the fiber diameter is reduced. On top of that, the refractive index of fiber core increases with reducing fiber diameter due to stress-optic effect. The calculated index increment is as much as 1.8 × 10(-3) at the center of fiber core after the diameter is reduced down to ~6 µm. In comparison with the conventional model that assumes constant grating period and neglects the variation in stress-induced index change in fiber core, our proposed model indicates a discrepancy as much as 3nm in Bragg wavelength at a fiber diameter of ~6 µm.

48 CFR 747.507 - Contract clauses.

Science.gov (United States)

2010-10-01

... 48 Federal Acquisition Regulations System 5 2010-10-01 2010-10-01 false Contract clauses. 747.507 Section 747.507 Federal Acquisition Regulations System AGENCY FOR INTERNATIONAL DEVELOPMENT CONTRACT MANAGEMENT TRANSPORTATION Ocean Transportation by U.S.-Flag Vessels 747.507 Contract clauses. Contracting...

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...

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.

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...

77 FR 70850 - International Mail Contract

Science.gov (United States)

2012-11-27

... three aspects of the Agreement expected to enhance performance: an anticipated revision to accounting... affect either the fundamental service being offered or the fundamental structure of the contracts. Id. at...

International Reserves Crises, Monetary Integration and the Payments System during the International Gold Standard

OpenAIRE

Paula Hernandez-Verme

2009-01-01

I model an international payments system with a financial center and periphery to reproduce various aspects of the International Gold Standard. This period was characterized by frequent crises associated with scarce stocks of reserves, high short-term interest rates with subsequent gold inflows and transmission of output contractions across countries. I find that a common international currency and no legal restrictions on exchange help the periphery share reserves with the financial center, ...

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.

Nuclear Energy Gradients for Internally Contracted Complete Active Space Second-Order Perturbation Theory: Multistate Extensions.

Science.gov (United States)

Vlaisavljevich, Bess; Shiozaki, Toru

2016-08-09

We report the development of the theory and computer program for analytical nuclear energy gradients for (extended) multistate complete active space perturbation theory (CASPT2) with full internal contraction. The vertical shifts are also considered in this work. This is an extension of the fully internally contracted CASPT2 nuclear gradient program recently developed for a state-specific variant by us [MacLeod and Shiozaki, J. Chem. Phys. 2015, 142, 051103]; in this extension, the so-called λ equation is solved to account for the variation of the multistate CASPT2 energies with respect to the change in the amplitudes obtained in the preceding state-specific CASPT2 calculations, and the Z vector equations are modified accordingly. The program is parallelized using the MPI3 remote memory access protocol that allows us to perform efficient one-sided communication. The optimized geometries of the ground and excited states of a copper corrole and benzophenone are presented as numerical examples. The code is publicly available under the GNU General Public License.

The internal career orientation of permanent and contracting information technology staff

Directory of Open Access Journals (Sweden)

Hilda Havran

2003-10-01

Full Text Available The primary aim of the study was to investigate the relationship between types of employment (permanent or contracting for two variables: flow and career success orientation in an information technology environment. The study was performed in a sub-division of a large telecommunications company that focuses on software development and implementation. Two questionnaires measuring flow and career success orientation, were administered to groups of 150 permanent and 150 contracting staff respectively. Factor analyses indicated that the career success orientation questionnaire measured two dimensions labeled as ‘work focus’ and ‘self focus’, and the flow questionnaire measured ‘enjoyment’ and ‘control of consciousness’. Contracting and permanent employees were compared with regard to the four dimensions and it was found that contract workers experienced their work more optimally than the permanent workers did, because they obtained higher scores on the ‘control of consciousness scale’. Opsomming Die primêre doel van die ondersoek was om die verwantskap tussen tipes indiensneming (permanent en kontraktering te ondersoek vir twee veranderlikes: vloei en beroepsuksesoriëntasie in ’n inligtingstegnologieomgewing. Die ondersoek is uitgevoer in ’n onderafdeling van ’n groot telekommunikasiemaatskappy wat fokus op programmatuurontwikkeling en -implementering. Twee vraelyste wat vloei en beroepsuksesoriëntasie meet, is toegepas op 150 permanente werknemers en 150 kontrakteurs. Faktorontledings het aangedui dat die beroepsuksesoriënteringsvraelys twee dimensies gemeet het, naamlik ‘werkfokus’ en ‘selffokus’. Die vloei-vraelys het ‘werksgenot’ en ‘bewustsheidbeheer’ gemeet. Kontrakteurs en permanente werknemers is met mekaar vergelyk in terme van die vier dimensies en die uitslae van die bewustheids beheerskaal het aangedui dat kontrakteurs hul werk meer optimaal ervaar in teenstelling met permanente werkers.

The stability of the international oil trade network from short-term and long-term perspectives

Science.gov (United States)

Sun, Qingru; Gao, Xiangyun; Zhong, Weiqiong; Liu, Nairong

2017-09-01

To examine the stability of the international oil trade network and explore the influence of countries and trade relationships on the trade stability, we construct weighted and unweighted international oil trade networks based on complex network theory using oil trading data between countries from 1996 to 2014. We analyze the stability of international oil trade network (IOTN) from short-term and long-term aspects. From the short-term perspective, we find that the trade volumes play an important role on the stability. Moreover, the weighted IOTN is stable; however, the unweighted networks can better reflect the actual evolution of IOTN. From the long-term perspective, we identify trade relationships that are maintained during the whole sample period to reveal the situation of the whole international oil trade. We provide a way to quantitatively measure the stability of complex network from short-term and long-term perspectives, which can be applied to measure and analyze trade stability of other goods or services.

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...

Contracting for Public Services

DEFF Research Database (Denmark)

Greve, Carsten

strategic purchasing understanding markets communicating the contracting decision designing and drafting the contract the role of the consumer the regulation of service provision Illustrated throughout with practitioner case-studies from a range of OECD countries, this book presents an important new......Insightful and comprehensive and covering new subjects like globalization and IT, this text, international in its approach, provides a thorough introduction to the key phases of the contracting process and the skills required by managers in its implementation. These include: policy for contracting...

Certain Legal Aspects of the Himalaya Clause in the Contract of International Carriage of Goods by Sea A critical perspective on legal challenges raised by the clause under international uniform law and general contract law principles

OpenAIRE

Blaskovic, Igor

2013-01-01

Description of the Himalaya clause and its benefits; considerations on benefits for third parties over international uniform law; observations on construction of the clause under the model of the contract for the benefit of a third party; remarks on circular indemnity clauses; application of rules of exclusion of liability to Himalaya clause; conclusion.

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.

Contracting and Performance in Agencies

DEFF Research Database (Denmark)

Bjørnholt, Bente; Houlberg Salomonsen, Heidi; Rennison, Betina Wolfgang

As part of New Public Management (NPM), contracting represents a supplement to the traditional hierarchical and rule-based managing of relations between actors in order to improve performance (Fortin and van Hassel 2000; Greve and Ejersbo 2002; Drewry et al. 2005; Verhoest 2005). To various degrees...... higher goal attainment when agency head experience that the department balance dialogue and autonomy with some element of control in the process of internal contracting (Bjørnholt and Salomonsen 2011). This implies, that effective steering include a combination of decentralized management...... and how a balanced use of internal contracting leads to a better performance. These findings are then theoretically interpreted based upon a combination of literature on agencification as well as public management. We compare contracting across all Danish agencies based on a combination of survey...

Contract formation and mistake in European contract law : a genetic comparison of transnational model rules / Nils Jansen, Reinhard Zimmermann

Index Scriptorium Estoniae

Jansen, Nils

2011-01-01

Euroopa lepinguõiguse normide analüüs ja võrdlus. PECL - The Principles of European Cntract Law ; CISG - United Nations Convention on Contracts for the International Sale of Goods ; DCFR - Draft Common Frame of Reference ; UNIDROIT - Principles of International Commercial Contracts

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 ...

THE HAGUE PRINCIPLES ON CHOICE OF LAW IN INTERNATIONAL COMMERCIAL CONTRACTS

Directory of Open Access Journals (Sweden)

Dimitrios K. STAMATIADIS

2017-01-01

Full Text Available This article is dedicated to the one of the most important questions of the International Commercial Law. As a rule, it is widely accepted that the principle of party autonomy has been adopted, in respect of contractual obligations, by practically all national legislations in their provisions for private international law. At the same time, the Principles are silent regarding the option to choose trade usages as lex causae of the contract, and understandably so, since, from a systematic viewpoint, they cannot form a comprehensive set of rules capable of resolving basic issues of contractual obligations. Author believes that the Principles do not add any significant new features to the legal systems that have already developed and adopted the principle of party autonomy, with the exception of the possible application of non-national law before state courts. As a result, there have been formulated several useful conclusions which can be used in the science of the International Commercial Law.PRINCIPIILE DE LA HAGA PRIVIND ALEGEREA LEGILOR ÎN CONTRACTELE COMERCIALE INTERNAŢIONALEAcest articol este consacrat unor dintre cele mai importante probleme ce fac parte din dreptul internaţional comercial. De regulă, principiul autonomiei părţilor în contract este recunoscut ca unul fundamental în dreptul inter­naţional. Totodată, principiile păstrează tăcerea în ceea ce ţine de opţiunea de a alege uzanţele lex causae ale contrac­tului; prin urmare, ele nu pot fi privite ca reguli comprehensive şi susceptibile de a soluţiona problemele principale ale obligaţiilor contractuale. Autorul este de părere că principiile nu conţin nimic nou pentru legislaţiile naţionale în vigoare, deoarece nu au dezvoltat şi nu au adoptat ceva necunoscut pentru principiul autonomiei care este prevăzut în toate legislaţiile, cu excepţia unei posibile aplicări a legii supra-naţionale în instanţele naţionale de judecată. Prin urmare, au fost

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.

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.

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

48 CFR 242.302 - Contract administration functions.

Science.gov (United States)

2010-10-01

...) Contractor estimating systems (see FAR 15.407-5); and (B) Contractor material management and accounting... report identifying significant accounting system or related internal control deficiencies. (9) For... SYSTEM, DEPARTMENT OF DEFENSE CONTRACT MANAGEMENT CONTRACT ADMINISTRATION AND AUDIT SERVICES Contract...

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.

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.

Proposal for the award of an industrial services contract for civil engineering superstructure and internal construction building work

CERN Document Server

2001-01-01

This document concerns the award of an Industrial Services contract for civil engineering superstructure and internal construction building work. Following a market survey carried out among 112 firms in fifteen Member States, a call for tenders (IT-2546/ST/Rev.) was sent on 12 April 2001 to eleven consortia, four consisting of four firms, three consisting of three firms and four consisting of two firms, in seven Member States. By the closing date, CERN had received tenders from eight consortia in six Member States. The Finance Committee is invited to agree to the negotiation of a contract with the consortium SPIE CITRA SUD-EST(FR)-ANTIRUST TECHNOLOGY (GR), the lowest bidder, for an initial period of three years from 1 January 2002 for an amount not exceeding 15 375 000 Swiss francs, not subject to revision. The contract will include options for two one-year extensions beyond the initial three-year period. The consortium has indicated the following distribution by country of the contract value covered by this ...

Characterizations of the α1-adrenoceptor subtypes mediating contractions of the human internal anal sphincter.

Science.gov (United States)

Owaki, Hiroyuki; Sadahiro, Sotaro; Takaki, Miyako

2015-04-01

Human internal anal sphincter (IAS) is contracted by α1-adrenoceptor stimulation and thus α1-adrenoceptor agonists may be useful in treating fecal incontinence. This study characterizes the contribution of α1-adrenoceptor subtypes in contraction of human IAS and to investigate the age-related risk of patients with fecal incontinence. IAS and inferior mesenteric artery (IMA), as a predictor of systemic arterial pressure, were obtained from 11 patients. Both muscle strips were assessed by isometric-contraction experiments using phenylephrine, further in IAS, in the presence of various subtype selective α1-adrenoceptor antagonists. Immunohistochemistry and gene expression studies were performed in the same samples. The mean pEC50 values with SEM of phenylephrine in IAS (6.30 ± 0.13) were higher than those of IMA (5.60 ± 0.10). Furthermore, the age-related pEC50 change of IAS was observed between age IAS, rightward shift of the concentration-response curves of phenylephrine was observed with three α1-adrenoceptor antagonists. Each pKB value of silodosin, BMY-7378 and prazosin was 9.36 ± 0.53, 7.28 ± 0.20 and 8.89 ± 0.12, respectively. These pKB values and gene expression studies indicated that α1A-adrenoceptor subtypes predominantly contributed to human IAS contraction. Copyright © 2015 The Authors. Production and hosting by Elsevier B.V. All rights reserved.

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 750.7110-5 - Contract files.

Science.gov (United States)

2010-10-01

... 48 Federal Acquisition Regulations System 5 2010-10-01 2010-10-01 false Contract files. 750.7110-5 Section 750.7110-5 Federal Acquisition Regulations System AGENCY FOR INTERNATIONAL DEVELOPMENT CONTRACT... Interests of the United States 750.7110-5 Contract files. The fully executed action memorandum indicating...

Obtainment of internal labelling operators as broken Casimir operators by means of contractions related to reduction chains in semisimple Lie algebras

International Nuclear Information System (INIS)

Campoamor-Stursberg, R

2008-01-01

We show that the Inoenue-Wigner contraction naturally associated to a reduction chain s implies s' of semisimple Lie algebras induces a decomposition of the Casimir operators into homogeneous polynomials, the terms of which can be used to obtain additional mutually commuting missing label operators for this reduction. The adjunction of these scalars that are no more invariants of the contraction allow to solve the missing label problem for those reductions where the contraction provides an insufficient number of labelling operators.

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...

Contract & agency labour: beyond self-regulation?

OpenAIRE

Cotton, Elizabeth

2010-01-01

A paper about the regulation of contract labour. Academic and legal aspects as well as case studies of global union federation work to organise and regulate contract labour in Thailand, Pakistan, Colombia, South Korea and at international level.

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.

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

Final Report on the Audit of the Administration of the Contract Closeout Process at the Defense Contract Management Region, Dallas

Science.gov (United States)

1990-09-18

This is our final report on the Audit of the Administration of the Contract Closeout Process at the Defense Contract Management Region, Dallas (DCMR... audit was made from January to October 1989. The objectives of the audit were to determine the timeliness of the contract closeout process, the validity...As part of the audit , we also evaluated internal controls over the contract closeout process. As of December 31, 1988, the Contract Administration

22 CFR 226.47 - Contract administration.

Science.gov (United States)

2010-04-01

... 22 Foreign Relations 1 2010-04-01 2010-04-01 false Contract administration. 226.47 Section 226.47 Foreign Relations AGENCY FOR INTERNATIONAL DEVELOPMENT ADMINISTRATION OF ASSISTANCE AWARDS TO U.S. NON-GOVERNMENTAL ORGANIZATIONS Post-award Requirements Procurement Standards § 226.47 Contract administration. A...

22 CFR 226.48 - Contract provisions.

Science.gov (United States)

2010-04-01

... 22 Foreign Relations 1 2010-04-01 2010-04-01 false Contract provisions. 226.48 Section 226.48 Foreign Relations AGENCY FOR INTERNATIONAL DEVELOPMENT ADMINISTRATION OF ASSISTANCE AWARDS TO U.S. NON-GOVERNMENTAL ORGANIZATIONS Post-award Requirements Procurement Standards § 226.48 Contract provisions. The...

Multireference configuration interaction theory using cumulant reconstruction with internal contraction of density matrix renormalization group wave function.

Science.gov (United States)

Saitow, Masaaki; Kurashige, Yuki; Yanai, Takeshi

2013-07-28

We report development of the multireference configuration interaction (MRCI) method that can use active space scalable to much larger size references than has previously been possible. The recent development of the density matrix renormalization group (DMRG) method in multireference quantum chemistry offers the ability to describe static correlation in a large active space. The present MRCI method provides a critical correction to the DMRG reference by including high-level dynamic correlation through the CI treatment. When the DMRG and MRCI theories are combined (DMRG-MRCI), the full internal contraction of the reference in the MRCI ansatz, including contraction of semi-internal states, plays a central role. However, it is thought to involve formidable complexity because of the presence of the five-particle rank reduced-density matrix (RDM) in the Hamiltonian matrix elements. To address this complexity, we express the Hamiltonian matrix using commutators, which allows the five-particle rank RDM to be canceled out without any approximation. Then we introduce an approximation to the four-particle rank RDM by using a cumulant reconstruction from lower-particle rank RDMs. A computer-aided approach is employed to derive the exceedingly complex equations of the MRCI in tensor-contracted form and to implement them into an efficient parallel computer code. This approach extends to the size-consistency-corrected variants of MRCI, such as the MRCI+Q, MR-ACPF, and MR-AQCC methods. We demonstrate the capability of the DMRG-MRCI method in several benchmark applications, including the evaluation of single-triplet gap of free-base porphyrin using 24 active orbitals.

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....

76 FR 43892 - Modifications of Certain Derivative Contracts

Science.gov (United States)

2011-07-22

... obligations under the derivative contract and the party to which the rights and obligations are transferred or... assigning its rights and obligations under the contract and the party to which the rights and obligations... Modifications of Certain Derivative Contracts AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Final...

Analysis of Contracting Processes, Internal Controls, and Procurement Fraud Schemes

Science.gov (United States)

2013-06-01

buyer to answer include the following: 6  Does the organization want to buy or lease a product?  Does the organization want to completely...who as commander of U.S. Army Contracting Command-Korea, took thousands of dollars in bribes from contractors for favorable treatment in contract

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...

Understanding and negotiating the power contract

International Nuclear Information System (INIS)

Koch, S.G.

2002-01-01

This paper presents a historical overview of power contracts in Canada and the United States, with attention to typical types of power contracts as well as the applications and trends of power contracts. The power industry has been leaning toward industry standard agreements that encourage certainty, streamline trading arrangements between parties, and increased liquidity in power markets. The most commonly used agreements in North America are the Western Systems Power Pool (WSPP), the Edison Electric Institute (EEI), and the International Swaps and Derivatives Association (ISDA) agreements. The trend is for additional consolidation among these agreements, and power transactions in the future will probably be included in master commodity trading agreements. In addition, international standard commodity trading agreements are appearing which could alter the way commodities and their derivatives are contracted in North America. The provisions that require special attention include events of default, credit provisions, force majeure, and transaction procedures. 13 refs

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

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...

The duty to negotiate in good faith and the enforceability of short-term natural gas clauses in production sharing agreements

International Nuclear Information System (INIS)

Bishop, R.D.

1997-01-01

The exploitation of natural gas resources not associated with oil production, poses legal and ethical problems for some countries. This document examines various international oil contracts, especially Production Sharing Agreements (PSA), to establish how short-term gas provisions can be exploited. In particular the issue of breaching a PSA by failing to negotiate in good faith on such a project is debated, showing how clearly this duty falls on the government party. International oil companies are urged to create contracts which allow them to enforce short-term PSA gas clauses. (UK)

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)

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...

76 FR 51878 - Modifications of Certain Derivative Contracts; Correction

Science.gov (United States)

2011-08-19

...) * * * (1) Both the party transferring or assigning its rights and obligations under the derivative contract... Modifications of Certain Derivative Contracts; Correction AGENCY: Internal Revenue Service (IRS), Treasury... temporary regulations (TD 9538) that address when a transfer or assignment of certain derivative contracts...

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...

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...

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

22 CFR Appendix A to Part 226 - Contract Provisions

Science.gov (United States)

2010-04-01

... Foreign Relations AGENCY FOR INTERNATIONAL DEVELOPMENT ADMINISTRATION OF ASSISTANCE AWARDS TO U.S. NON-GOVERNMENTAL ORGANIZATIONS Pt. 226, App. A Appendix A to Part 226—Contract Provisions All contracts, awarded by... Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any...

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.

UNIDROITED POSITION AS A SOURCE OF CONTRACT LAW IN THE FUTURE OF INDONESIAN CONTRACT LAW AMANDEMENT

Directory of Open Access Journals (Sweden)

N. Ike Kusmiati

2018-01-01

Full Text Available [Unidroited Position As A Source Of Contract Law In The Future Of Indonesian Contract Law Amandement] Business transaction often faced the issue of ensuring that the rights and obligation are fulfilled as the agreement as agreed, especially when facing the difficulties of the rights and obligation of the parties due to different legal system between countries. Thereore, to answer the problems  the parties will seek legal sources, namely book III of the Civil Code in addition to studying and understanding the principles of internasional commercial contract law, namely UNIDROIT which contains principles that can be adopted as one of the works that seek Standarization of contract law to encourage the harmonization of commercial law international efforts to bring together different business actors between countries, so that the same legal basis is required in the coming renewal of Indonesia contract law. Keyword : Position, UNIDROIT, Law, Contract, Indonesia.

The Role of International Investment Law in Renewable Energy Investment; focus on Build Operate and Transfer (BOT) Contracts

OpenAIRE

Adetiloye, Idowu Adejoke

2014-01-01

Renewable energy is one of the ways of reducing greenhouse gas emission. There is need for more investment in this sector. However, lack of stable regulatory framework and change in policy makes it unattractive to investors. International investment laws through its protections in investment agreement can help to mitigate risks considered by investors especially those with Build, Operate and Transfer (BOT) type of contracts.

An Analysis of Internal Controls for DoD Contract Management

Science.gov (United States)

2015-12-01

alternative control activities to reduce the risk of fraud ( COSO , 2013; GAO, 2014). Also, the Office of Management and Budget (OMB), which contains an...force. Since 1992, the Government Accountability Office (GAO) has identified contract management within the DOD as an area for high risk in fraud...force. Since 1992, the Government Accountability Office (GAO) has identified contract management within the DOD as an area for high risk in fraud

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

"Restorative Justice": History of the Term's International and Danish Use

DEFF Research Database (Denmark)

Gade, Christian B. N.

2018-01-01

In this article, I explore the historical origin and development of the use of the term “restorative justice” in published sources. The main argument is that the growing popularity of the term and its expanding use makes increasingly blurred what restorative justice is. I begin by investigating....... In the 2000s, the term began to appear in United Nations and European Union documents, illustrating that restorative justice had become an internationally recognised approach to justice. After describing this international development, I analyse the Danish context, where the term “restorative justice” began...... to appear in writings around the year 2000. Around the same time, the existing Danish victim offender mediation programme became connected to restorative justice. Later, Danish practices outside the area of criminal justice became associated with the term. In conclusion, I argue that a potential problem...

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...

HARMONIZATION OF THE CONSUMER CONTRACT DISPOSITIONS WITH THE GENERAL CONTRACT RULES

Directory of Open Access Journals (Sweden)

Alexandru MATEESCU

2016-05-01

Full Text Available This work contains and mainly tackles the contract of consumption, its differences and similitudes to a general contract, manners of applying it, and the way in which the former can be better coordinated and correlated to the general contracting terms, established by the civil law. Along the years, the consumption contract has undergone several addenda and it has come to represent an instrument of both refference and regulation for the socio-economical relations between two parties who have a commercial agreement. The general law frame has had a great influence in the development of the consumption contract, as well as on its applicability conditions and its manner of deployment. Through the development of the judicial law concerning the contract of concumption, this type of agreement has influenced, through its human and social nature, both the general contract, and the specific frame it relates to. The relationship between the two types of contract is one of interdependence, which is determined by the need of judicial regulation in the Romanian and European economy. The ceaselees development of interhuman relations pushes society towards maintaining a continuous study of the advancement of specific legislation and judicial regulation. The main purpose of this work is analyzing the general judicial frame and the way in which the differences between the general contract and the consumption one may represent a benefic and mutual influence on protecting the citizens’ rights, which in the case of the consumption contract encompasses the protection of consumers’ rights. Also, it will analyze the aspects that determine the manner of application and the the differences that can be surmounted in order to achieve a better cohesion between these types of contracts.

Contract engineers cut costs, and flexibility

International Nuclear Information System (INIS)

Bhargava, V.M.

1991-01-01

Today's rapid expansion of technology is an important reason for considering hiring contract engineering labor for your power plant because technical specialization is an important aspect of the contract engineering industry. This paper reports that another reason is addressing peak work loads. Any amount of technical assistance is available to assist in meeting schedules. Although a typical human resources department of a utility or architect/engineer may contain a few hundred active resumes, a contract engineering firm may have upwards of 40,000 resumes on file from all parts of the country. Because contract workers know that contract agencies keep abreast of client needs, they are more apt to forward updated resumes to such agencies. Used properly, a contract engineering company's services will augment the efforts of a human resources group and, in the case of some smaller companies, actually take the place of all internal recruiting efforts

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.

Contract portfolio optimization for a gasoline supply chain

Science.gov (United States)

Wang, Shanshan

Major oil companies sell gasoline through three channels of trade: branded (associated with long-term contracts), unbranded (associated with short-term contracts), and spot market. The branded channel provides them with a long-term secured and sustainable demand source, but requires an inflexible long-term commitment with demand and price risks. The unbranded channel provides a medium level of allocation flexibility. The spot market provides them with the greatest allocation flexibility to the changing market conditions, but the spot market's illiquidity mitigates this benefit. In order to sell the product in a profitable and sustainable way, they need an optimal contract portfolio. This dissertation addresses the contract portfolio optimization problem from different perspectives (retrospective view and forward-looking view) at different levels (strategic level, tactical level and operational level). The objective of the retrospective operational model is to develop a financial case to estimate the business value of having a dynamic optimization model and quantify the opportunity values missed in the past. This model proves the financial significance of the problem and provides top management valuable insights into the business. BP has applied the insights and principles gained from this work and implemented the model to the entire Midwest gasoline supply chain to retrospectively review optimization opportunities. The strategic model is the most parsimonious model that captures the essential economic tradeoffs among different contract types, to demonstrate the need for a contract portfolio and what drives the portfolio. We examine the properties of the optimal contract portfolio and provide a comparative statics analysis by changing the model parameters. As the strategic model encapsulates the business problem at the macroscopic level, the tactical model resolves lower level issues. It considers the time dynamics, the information flow and contracting flow. Using

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

TraceContract

Science.gov (United States)

Kavelund, Klaus; Barringer, Howard

2012-01-01

TraceContract is an API (Application Programming Interface) for trace analysis. A trace is a sequence of events, and can, for example, be generated by a running program, instrumented appropriately to generate events. An event can be any data object. An example of a trace is a log file containing events that a programmer has found important to record during a program execution. Trace - Contract takes as input such a trace together with a specification formulated using the API and reports on any violations of the specification, potentially calling code (reactions) to be executed when violations are detected. The software is developed as an internal DSL (Domain Specific Language) in the Scala programming language. Scala is a relatively new programming language that is specifically convenient for defining such internal DSLs due to a number of language characteristics. This includes Scala s elegant combination of object-oriented and functional programming, a succinct notation, and an advanced type system. The DSL offers a combination of data-parameterized state machines and temporal logic, which is novel. As an extension of Scala, it is a very expressive and convenient log file analysis framework.

Bitcoin as an Efficient Method for the International Contract Settlement

Directory of Open Access Journals (Sweden)

Diachek Olga Yu.

2017-04-01

Full Text Available The article is aimed to study the functioning of Bitcoin in today’s world. The issue of the nature of Bitcoin and tendencies in its development have been considered. Given the growing spread of Bitcoin, the number of transactions and the size of the blocks in the system will but increase. In order to maintain correct work, according to progressive growth, consideration is given to the dynamics of the increasing role of the virtual currency, the payment channels through digital coins, and the importance of assimilating such platforms. An analysis of the methods for international contract settlements was carried out. The relevance of implementation of cryptocurrency has been substantiated. The features of functioning of Bitcoin compared to the world currencies were considered. The economic properties of the block chain were studied. In turn, cryptocurrency suggests that the true value of technology lies in its growing potential. In order to develop a complete picture of the effect and scope of Bitcoin, stages of its development and the current status both in Ukraine and the world as a whole were examined. Accordingly, recommendations have been made to improve the status of Bitcoin in Ukraine

Review on Overseas Contracts of a Nuclear Research Institute in Korea

Energy Technology Data Exchange (ETDEWEB)

Lee, Myung Ho; Lee, Eui Jin [Korea Atomic Energy Research Institute, Daejeon (Korea, Republic of)

2010-10-15

Since its establishment, Korea Atomic Energy Research Institute (KAERI) has made various contracts in research, design, engineering and consultation with a lot of foreign counterparts all over the world, including international organizations. As one of the global nuclear energy research leaders, KAERI can make a large scale contract because it has already procured a turnkey EPC (Engineering, Procurement, Construction) contract for a research and training reactor in the spring of 2010 by forming a consortium with a construction and engineering company. A contract in nuclear business industries is to be made under the limited control of regulatory authorities because the contractors must ensure nuclear safety and follow the international nuclear non-proliferation guidelines to secure the peaceful use of nuclear energy at an international level. The export and import of strategic technologies, products or materials (including nuclear materials) must be directly controlled by the authorities in accordance with the applicable law. In 2009, KAERI organized a new team to manage the overseas contracts and to make the limited control reflected in the contract documentation. In large scale project contracts, more attention shall be given to the contracts to prevent claims and also to the consideration of the regulatory requirements. In this context, the nature of the past KAERI contracts was reviewed. The conditions of several recent KAERI contracts were also individually reviewed based on the FIDIC (Federation Internationale des Ingenieurs-Conseils) model service agreement, which is generally accepted by service contractors. Ways to increase the quality of future contracts and to improve the standard model agreement which is used to prepare the draft contract were also considered

Review on Overseas Contracts of a Nuclear Research Institute in Korea

International Nuclear Information System (INIS)

Lee, Myung Ho; Lee, Eui Jin

2010-01-01

Since its establishment, Korea Atomic Energy Research Institute (KAERI) has made various contracts in research, design, engineering and consultation with a lot of foreign counterparts all over the world, including international organizations. As one of the global nuclear energy research leaders, KAERI can make a large scale contract because it has already procured a turnkey EPC (Engineering, Procurement, Construction) contract for a research and training reactor in the spring of 2010 by forming a consortium with a construction and engineering company. A contract in nuclear business industries is to be made under the limited control of regulatory authorities because the contractors must ensure nuclear safety and follow the international nuclear non-proliferation guidelines to secure the peaceful use of nuclear energy at an international level. The export and import of strategic technologies, products or materials (including nuclear materials) must be directly controlled by the authorities in accordance with the applicable law. In 2009, KAERI organized a new team to manage the overseas contracts and to make the limited control reflected in the contract documentation. In large scale project contracts, more attention shall be given to the contracts to prevent claims and also to the consideration of the regulatory requirements. In this context, the nature of the past KAERI contracts was reviewed. The conditions of several recent KAERI contracts were also individually reviewed based on the FIDIC (Federation Internationale des Ingenieurs-Conseils) model service agreement, which is generally accepted by service contractors. Ways to increase the quality of future contracts and to improve the standard model agreement which is used to prepare the draft contract were also considered

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)

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.

Determinants for Labour Contract Length: A French Microeconometric Study

OpenAIRE

Ben Halima, Mohamed; Ben Halima, Bassem

2008-01-01

International audience; Two types of analyses are conducted to explain the determinants of labour contracts length. The first analysis emphasizes on the contracting costs and the level of uncertainty. The second analysis focuses on the incentive and selection effect of the contract length. This paper test the determinants for contract duration by means of econometric duration models. The estimates are carried out from French data (TDE). An econometric treatment of the endogeneity of the labou...

On the internal consistency of the term structure of forecasts of housing starts

DEFF Research Database (Denmark)

Pierdzioch, C.; Rulke, J. C.; Stadtmann, G.

2013-01-01

We use the term structure of forecasts of housing starts to test for rationality of forecasts. Our test is based on the idea that short-term and long-term forecasts should be internally consistent. We test the internal consistency of forecasts using data for Australia, Canada, Japan and the United...

Author’s contract in the Albanian copyright law

Directory of Open Access Journals (Sweden)

Oltion Spiro

2016-03-01

Full Text Available The relation between the author and his/her artistic creation is very specific and at the same time a strong one. Such relation defies any property and affective connection that an individual may have with an object (Caron, 2011, 25. Copyright constitutes precisely the legal embodiment of the author’s intimate relationship with his/her work. Copyright is a plurality of legal provisions that belongs to the author of the work, in order to protect his/her ownership and eventually the commercial exploitation of such work. In this context, the author, through legal provisions and international conventions duly ratified by Albania, enjoys a relevant legal arsenal in order to defend his/her artistic works so that such works may have a live of its own (Vivant & Bruguière 2009, 23. One of these legal measures is the contract, which in legal doctrine is well known as the author’s contract. By means of such contract, the author has the right to distribute, reproduce, license or certify rights related to his/her artistic work. In this regard, the contract is an irreplaceable tool in the hands of the author to distribute the work and to give it an undeniable value, turning it into one of the most valuable intangible assets in civil circulation. The contract of the author, as the name indicates it, is a contract that obeys to the rules of civil law with respect to the quality of the parties, the characteristics of the object of the contract, its conclusion, the determination of remuneration and the term of duration. On the other hand, it is undeniable that the contract of the author contains rules which are not specifically contemplated by the Civil Code, such as rules relating to the form, interpretation and existence of some sui generis contracts provided in Law 9380 / 2005 “On copyright and related rights” (hereinafter referred to as “Law 9380/2005” or “Law on Copyright” as well as in the Draft Law On Authors Rights (hereinafter referred

Contract Management: Organisational and Legal Form of Hotel Networks

OpenAIRE

Burak Tatyana V.

2013-01-01

Hotel business has been the most dynamic and profitable segment of economy, which is characterised with a high degree of internationalisation of capital and international character, during the recent decades. We clearly observe development of national and international hotel networks at this stage. Management contract is one of the methods of development and creation of hotel networks. The article describes theoretical basis of introduction of the contract management into the hotel business, ...

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.

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...

Institut Pasteur v. United States: the AIDS patent dispute, the Contract Disputes Act and the international exchange of scientific data.

Science.gov (United States)

Singer, H L

1989-01-01

In the case of Institut Pasteur v. United States, the Institut Pasteur (Pasteur) claimed that the National Cancer Institute (NCI) had breached express and implied contracts to share research on AIDS virus samples provided to NCI by Pasteur. NCI scientists allegedly used the samples to acquire information which allowed NCI to file patent applications for an AIDS blood test kit. The United States Claims Court dismissed the complaint by holding that the Institut Pasteur had not complied with certain administrative procedures required by the Contract Disputes Act before bringing its suit. The United States Court of Appeals for the Federal Circuit reversed the decision of the Claims Court by holding that the disputed contracts did not fit within the scope of the Contract Disputes Act. Soon after the Court of Appeals decision, President Reagan and Prime Minister Chirac announced a settlement agreement whereby the lawsuit was to be dropped, American and French scientists were to share credit for having discovered the AIDS virus, and both parties to the suit were to share the patent rights for the AIDS blood test kit. This settlement suggest that international legal disputes involving urgent scientific and medical matters may require dispute resolution techniques that serve as alternatives to national courts.

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.

Harmonizing formal requirements for cross-border sales contracts

Directory of Open Access Journals (Sweden)

Peter Winship

2012-07-01

Full Text Available Legal systems have different traditions about how to “prove” a contract for the sale of personal property. Most legal systems today permit the contract to be proved by any means but some States require that the agreement be concluded in or evidenced by writing. The United Nations Convention on Contracts for the International Sale of Goods adopts a freedom-of-form rule but authorizes a State to declare that the rule does not apply when the seller or buyer has its place of business in that State. This essay studies the consequences of such a declaration. The Convention text does not expressly state the consequences. The Convention’s travaux préparatoires suggest that this silence was deliberate. Doctrine and court opinions are divided on whether the writing formalities of the declaring State always apply or the formalities, if any, of the law applicable by virtue of the rules of private international law govern. In the absence of a consensus, this essay argues that the writing formalities of the declaring State apply. The argument is based on the policies implicit in the decision of non-declaring Contracting States to adhere to a Convention that allows certain Contracting States to opt out of the freedom-of-form rule. The result is consistent with recent private international law treaties that, while providing liberal rules that favor freedom of form, direct application of the fundamental policies not only of the forum but also of other jurisdictions.

Short-Term International Internship Experiences for Future Teachers and Other Child Development Professionals

Science.gov (United States)

Miller, Kari Knutson; Gonzalez, Amber M.

2016-01-01

This paper examines outcomes associated with participation in short-term, international internship experiences. Results suggest short-term international internship experiences contribute to rich personal and professional development outcomes. Findings highlight participant challenges associated with initial internship experiences, professional…

Principles of European Contract Law

DEFF Research Database (Denmark)

Lando, Ole; Beale, Hugh

This text provides a comprehensive guide to the principles of European contract law. They have been drawn up by an independent body of experts from each Member State of the EU, under a project supported by the European Commission and many other organizations. The principles are stated in the form...... of articles, with a detailed commentary explaining the purpose and operation of each article and its relation to the remainder. Each article also has extensive comparative notes surveying the national laws and other international provisions on the topic. "The Principles of European Contract Law Parts I &...... in developing a common European legal culture. The European Parliament has twice called for the creation of a European Civil Code. The principles of European contract law are essential steps in these projects. This text provides a comprehensive guide to the Principles of European contract law. They have been...

International petroleum licensing, exploration activity and fiscal terms

International Nuclear Information System (INIS)

Hodgshon, S.

1994-01-01

Although there is no decline in current international petroleum licensing activity, attention is drawn to the fact that it is concentrated in certain countries, many of them amongst the less geologically prospective. Among the factors other then geological prospectivity which promote a successful licensing and exploration environment, the most important is the fiscal terms offered. While countries which are highly prospective geologically may stiffen terms and still attract exploration companies because they feel they can make major discoveries, any decline in prospectivity needs to be accompanied by a matching change in fiscal terms to maintain interest. Less prospective countries which, hitherto, have created favourable investment conditions may however find that further declines cannot be reversed by attractive fiscal terms. (7 figures, 3 tables). (UK)

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

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

Taxation and petroleum exploration and production contracts. Adapting to the market

International Nuclear Information System (INIS)

Bret, N.

1999-01-01

The contractual and fiscal framework of exploration and production activity is an essential factor in the host countries' oil and gas policy and in the investment strategy of international oil and gas companies. Since the counter-shock in 1986, a number of countries have gradually modified the terms of their exploration and production contracts and taxation systems to meet the new requirements of the industry and to continue promoting capital investment. This also concerns investment in producing fields, in new deep sea areas and in the production of heavy crudes

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...

A Comparative Study of Legal Terminologies in French and Romanian. The Translation of International Contract Law Terminologies

Directory of Open Access Journals (Sweden)

Adriana SFERLE

2012-01-01

Full Text Available Our article is a comparative study investigating the main aspects of legal terminology in French and Romanian. In this context, the analysis aims at translating French - Romanian, Romanian - French, terminologies of international commercial contracts. With this study we intend to improve the knowledge of legal terminology in Romanian. Romania has been faced lately, particularly since January 1st 2007, when it joined the European Union, with a real need for terminological studies, for dictionaries and data bases in all fields relating to translation and interpreting.

Some risks related to the short-term trading of natural gas

International Nuclear Information System (INIS)

Ahmed El Hachemi Mazighi

2004-01-01

Traditionally guided by long-term contracts, the international natural gas trade is experiencing new methods of operating, based on the short term and more flexibility. Today, indeed, the existence of uncommitted quantities of natural gas, combined with gas price discrepancies among different regions of the world, gives room for the expansion of the spot-trading of gas. The main objective of this paper is to discuss three fundamental risks related to the short-term trading of natural gas: volume risk, price risk and infrastructure risk. The defenders Of globalisation argue that the transition from the long-term to the short-term trading of natural gas is mainly a question of access to gas reserves, decreasing costs of gas liquefaction, the building of liquefied natural gas (LNG) fleets and regasification facilities and third-party access to the infrastructure. This process needs to be as short as possible, so that the risks related to the transition process will disappear rapidly. On the other hand, the detractors of globalisation put the emphasis on the complexity of the gas value chain and on the fact that eliminating long- term contracts increases the risks inherent to the international natural gas business. In this paper, we try to untangle and assess the risks related to the short-term trading of natural gas. Our main conclusions are: the short-term trading of gas is far from riskless; volume risk requires stock-building in both consuming and producing countries. (author)

Economic and Social Aspects of the Old Assyrian Loan Contract

OpenAIRE

Michel , Cécile

2013-01-01

International audience; 1. Loan contracts and other types of investments2. Creditors, debtors and family firms3. Relationships between Assyrians and Anatolians through loan contracts during the 19th and 18th centuries B.C.

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...

Public Internal Performance Contracting - Managing and financing energy-efficiency measures in public administrations

International Nuclear Information System (INIS)

Irrek, Wolfgang; Thomas, Stefan; Attali, Sophie; Benke, Georg; Borg, Nils; Figorski, Arkadiusz; Filipowicz, Mariusz; Labanca, Nicola; Pindar, Andrew; Ochoa, Amalia

2005-01-01

Public Internal Performance Contracting (PICO) is a type of in-house 'third-party' financing or energy performance contracting scheme. In theory, once triggered, PICO provides a 'perpetual motion' finance mechanism for public authorities by which energy efficiency savings fund new investments in an upward virtuous cycle. One unit of the public authority, e.g. the technical department, delivers the financial and technical energy efficiency service to another unit of the same public administration. Remuneration takes place through cross payments between these units, according savings made in energy costs. The initial investments require 'seed funds' to kick start the process, after which the cross payments provide sufficient means to fund further measures. How can the PICO mechanism be initiated in times of tight public budgets? What difficulties are faced during the implementation process and how can these be overcome? What kind of energy-efficiency measures is PICO best suited to? And what role can national and European policy play to facilitate implementation? These are the key questions that the EU-funded PICOLight project aimed to tackle. This was done through testing and disseminating the PICO schemes, first used in Germany, in six European countries, developing these further and making the necessary adaptations. PICO schemes were piloted in seven public administrations with the technical focus on energy-efficient lighting retrofits. The experiences gathered in these pilot projects should help to introduce PICO schemes on a larger scale in public administrations in Europe. The paper presents the preliminary results from these pilot projects

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

Small Business Administration Section 8 (A) Support Services Contracts at the Ballistic Missile Defense Organization

National Research Council Canada - National Science Library

1994-01-01

...%flc objectives were to determine whether the contract administration process and applicable internal controls were effective and whether costs charged to the contracts were allowable, reasonable, and allocable. In addition, we reviewed anonymous allegations sent to Senator David Pryor of fraud, waste, and abuse on CTI contracts with BMDO. We also reviewed internal controls applicable to the audit objectives.

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...

Administration of Resale Stock Merchandise Contracts at the Defense Commissary Agency

National Research Council Canada - National Science Library

Young, Shelton

1995-01-01

... and complied with, and to evaluate the effectiveness of related internal controls. Contract administration functions for the resale stock merchandise contracts were segregated among the service centers, regions, and commissary stores...

India advancing as international exploration target

International Nuclear Information System (INIS)

Anon.

1994-01-01

Mighty as it is in terms of sedimentary area, hydrocarbon potential, and sheer market size, India does not occupy a position of like stature on the international oil explorer's chart. Yet Indian government policy initiatives during the past 3 years have thrown the country open to foreign investment upstream and downstream. Strapped for cash, hounded by declining production and reserves, the government is leaving higher cost and higher risk exploration to foreign and domestic private sector companies. Furthermore, India has approved majority capital holdings in the downstream sector, invited bids on field reactivation schemes and speculative seismic surveys, and adopted attractive and flexible production sharing contracts to govern these agreements. A strong tradition upholding sanctity of law provides a solid guarantee that such contracts will not be broken or modified. The paper discusses India's restructuring, the bidding rounds, the growing interest of foreign companies, downstream and gas deals, acreage and terms being offered, and other projects

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...

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

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

Long-term alternative energy R and D strategies

International Nuclear Information System (INIS)

1981-01-01

Within the coming decades a transition must be initiated from oil and gas to 'unlimited' primary energy sources, i.e., nuclear and solar energy. Ever more expensive fossil energy forms will have to provide for an intermediary solution to the growing global energy demand. While a rather clear-cut picture of the energy problem has emerged on the global level, a straightforward translation to the national or even to the company level is not available. The current study contract between the European Economic Community and the International Institute for Applied Systems Analysis (IIASA) is a first exercice designed to transfer the global results to the intermediary level of the ''Subregion'' of the European Community. In operational terms the contract aims at identifying long-term (up to 2030) alternative energy R and D strategies for twelve European countries that would be consistent with the global scenarios, identified by IIASA

[The Brazilian National Health Surveillance Agency performance evaluation at the management contract model].

Science.gov (United States)

Moreira, Elka Maltez de Miranda; Costa, Ediná Alves

2010-11-01

The Brazilian National Health Surveillance Agency (Anvisa) is supervised by the Ministry of Health by means of a management contract, a performance evaluation tool. This case study was aimed at describing and analyzing Anvisa's performance evaluation model based on the agency's institutional purpose, according to the following analytical categories: the management contract formalization, evaluation tools, evaluators and institutional performance. Semi-structured interviews and document analysis revealed that Anvisa signed only one management contract with the Ministry of Health in 1999, updated by four additive terms. The Collegiate Board of Directors and the Advisory Center for Strategic Management play the role of Anvisa's internal evaluators and an Assessing Committee, comprising the Ministry of Health, constitutes its external evaluator. Three phases were identified in the evaluation model: the structuring of the new management model (1999-2000), legitimation regarding the productive segment (2001-2004) and widespread legitimation (2005). The best performance was presented in 2000 (86.05%) and the worst in 2004 (40.00%). The evaluation model was shown to have contributed little towards the agency's institutional purpose and the effectiveness measurement of the implemented actions.

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

The advantages of cost plus award fee contracts

Science.gov (United States)

Keathley, William C.

1994-01-01

A Cost Plus Award Fee contract is the best procurement vehicle for the high-tech, one-of-a-kind, development projects that constitute most of NASA'S projects. The use of this type of contract requires more government and contractor effort than any other forms of contracts. An award fee contract is described as an arrangement whereby the government periodically awards a fee consistent with the cost, schedule and technical performance that is achieved by a contractor during a preset period with preset award fee pools. It's the only contracting method where both the government and contractor goals are closely linked. It also has a built-in mechanism to conveniently alter and emphasize program events in order to current external and internal situations. The award fee process also demands good communication between government and contractor participants.

Limits to Party Autonomy in International Commercial Arbitration

OpenAIRE

Giuditta Cordero-Moss

2014-01-01

International contracts are often written in a standardised manner and without taking into consideration the applicable law. This may create the illusion that the contract is the only basis for the parties' rights and obligations, especially when the contract contains an arbitration clause. Using two typical contract clauses as an illustration (force majeure clause and entire agreement clause), this article analyses the extent to which an international contract, eventhough it contains an arbi...

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

Co-operation and conflict under hard and soft contracting regimes: case studies from England and Wales.

Science.gov (United States)

Hughes, David; Allen, Pauline; Doheny, Shane; Petsoulas, Christina; Vincent-Jones, Peter

2013-01-01

This paper examines NHS secondary care contracting in England and Wales in a period which saw increasing policy divergence between the two systems. At face value, England was making greater use of market levers and utilising harder-edged service contracts incorporating financial penalties and incentives, while Wales was retreating from the 1990 s internal market and emphasising cooperation and flexibility in the contracting process. But there were also cross-border spill-overs involving common contracting technologies and management cultures that meant that differences in on-the-ground contracting practices might be smaller than headline policy differences suggested. The nature of real-world contracting behaviour was investigated by undertaking two qualitative case studies in England and two in Wales, each based on a local purchaser/provider network. The case studies involved ethnographic observations and interviews with staff in primary care trusts (PCTs) or local health boards (LHBs), NHS or Foundation trusts, and the overseeing Strategic Health Authority or NHS Wales regional office, as well as scrutiny of relevant documents. Wider policy differences between the two NHS systems were reflected in differing contracting frameworks, involving regional commissioning in Wales and commissioning by either a PCT, or co-operating pair of PCTs in our English case studies, and also in different oversight arrangements by higher tiers of the service. However, long-term relationships and trust between purchasers and providers had an important role in both systems when the financial viability of organisations was at risk. In England, the study found examples where both PCTs and trusts relaxed contractual requirements to assist partners faced with deficits. In Wales, news of plans to end the purchaser/provider split meant a return to less precisely-specified block contracts and a renewed concern to build cooperation between LHB and trust staff. The interdependency of local

26 CFR 1.631-2 - Gain or loss upon the disposal of timber under cutting contract.

Science.gov (United States)

2010-04-01

... cutting contract. 1.631-2 Section 1.631-2 Internal Revenue INTERNAL REVENUE SERVICE, DEPARTMENT OF THE... loss upon the disposal of timber under cutting contract. (a) In general. (1) If an owner disposes of... deemed to be the date such timber is cut. However, if payment is made to the owner under the contract for...

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

The utility of the rescission clause in the settlement of disputes arising from international trade contracts

Directory of Open Access Journals (Sweden)

Oana BĂRBULESCU

2015-12-01

Full Text Available Starting from the opportunities that the creditor of an obligation has in order to settle his claims by means of the commercial arbitration, as an alternative to court under common law, with a view to punishing in the most effective way the failure of the obligation by the borrower reveals the necessity to introduce the rescission clause in international commercial contracts governed by a foreign law. This paper aims to emphasize the practical utility of the institution of rescission clause in the light of the new Civil Code regulations, in whose presence the role of the court is entirely removed in as far as the decision statement is concerned.

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.

IRSN. Contract of objectives and performance 2014-2018

International Nuclear Information System (INIS)

Le Drian, Jean-Yves; Royal, Segolene; Macron, Emmanuel; Vallaud-Belkacem, Najat; Touraine, Marisol; Fioraso, Genevieve; Repussard, Jacques; Le Guludec, Dominique

2014-01-01

After an introduction which presents and comments the IRSN missions, the achievements of the previous contract, IRSN strengths and improvement perspectives, elements of context, and the contract scope and follow-up, this report presents and describes the three strategic areas of improvement: research, expertise and transparency. One or more indicators are defined for each area as well as a quantitative target (number of publications or actions per year). Objectives are then defined regarding security, safety and non proliferation, radiation protection, and crisis situation. Indicators and targets are as well defined for the various identified or defined associated actions or publications. They notably concern expertise missions for safety authorities, the ability to provide a response adapted to safety stakes with a guaranteed integration of lessons learned from the Fukushima accident, the ability to respond to the evolutions of the nuclear fleet (including in terms of dismantling and waste management), the ability to provide expertise and technical support for a better nuclear material safety, for a better protection of radioactive sources against malevolent actions, to contribute to the international struggle against nuclear threats and to the implementation of international treaties (non proliferation treaty, ban of chemical weapons), the implementation of control and assessment actions regarding the exposure to ionizing radiations, the ability to provide responses in the field of the assessment of radiological risks and of the protection against them, the contribution to a better knowledge of the effects of ionizing radiations, the contribution to the development of doctrines and to the improvement of national and international organisations for the management of a radiological or nuclear crisis. A third chapter addresses objectives related to IRSN governance, knowledge management, and financial management. Indicators and targets are also defined. All these

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...

Incomplete contract and divisional structures

NARCIS (Netherlands)

Bao, T.; Wang, Y.

2009-01-01

In this paper we want to analyze the internal divisional structure within an organi- zation in the framework of incomplete contract theory. We use the framework of Aghion and Tirole (1997) and define the managerial control structure as \\sequence of search". A key feature of this paper which

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...

"Financial Emergency" and the Faculty Furlough: A Breach of Contract.

Science.gov (United States)

Richards, Mary Sanders

1984-01-01

The power of the university to breach faculty contracts in order to meet its temporary cash-flow problems and the rights of faculty when this breach occurs are discussed. To avoid litigation, a university must have established internal guidelines which can be incorporated into an employment contract. (MLW)

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 regulation of peculiarities of electronic contracting: comparative analysis

Directory of Open Access Journals (Sweden)

Наталія Юліївна Філатова

2017-12-01

Full Text Available Contract formation by electronic means nowadays is a widespread phenomenon. Nevertheless electronic contracting has been thoroughly explored by scholars all over the world and regulated both internationally and domestically, there still remain some issues which need to be carefully analyzed. In our view, the most essential question raised by electronic contracting is whether there is a need to amend substantial contract law provisions with regard to peculiarities of contracts concluded by electronic means. Seeking the answer to this question several approaches have been formulated, but none of them seems to be completely appropriate. In this paper the answer is also attempted to be found. For this purpose a comparative analysis of doctrine, legislation and judicial practice of certain states is performed. Particularly, offer, acceptance and moment of electronic contract formation are explored. On the basis of this research the following conclusion is done: amendments to substantial contract law provisions are not always necessary to improve the regulation of electronic contracting. Nevertheless the provisions of law should be applied correctly to the disputes arising from electronic contract formation taking into account the peculiarities of such contracts.

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...

Retractable Contracts

Directory of Open Access Journals (Sweden)

Franco Barbanera

2016-02-01

Full Text Available In calculi for modelling communication protocols, internal and external choices play dual roles. Two external choices can be viewed naturally as dual too, as they represent an agreement between the communicating parties. If the interaction fails, the past agreements are good candidates as points where to roll back, in order to take a different agreement. We propose a variant of contracts with synchronous rollbacks to agreement points in case of deadlock. The new calculus is equipped with a compliance relation which is shown to be decidable.

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...

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...

Ultrasound evaluation of muscle thickness changes in the external oblique, internal oblique, and transversus abdominis muscles considering the influence of posture and muscle contraction.

Science.gov (United States)

Sugaya, Tomoaki; Abe, Yota; Sakamoto, Masaaki

2014-09-01

[Purpose] The aim of this study was to investigate muscle thickness changes in the external oblique (EO), internal oblique (IO), and transversus abdominis (TrA) muscles between the neutral position and trunk rotation, under a state of rest without voluntary contractions, and isometric contractions to both sides with resistance of 50% of the maximum trunk rotation strength. [Subjects] The subjects of this study were 21 healthy young men. [Methods] Muscle thickness changes in the EO, IO, and TrA in each position and state were evaluated by ultrasound. The range of motion at maximum trunk rotation and the maximum strength of trunk rotation were measured using a hand-held dynamometer. [Results] In the neutral position and at 50% trunk rotation to the right side, the thicknesses of the IO and TrA significantly increased with resistance. In both states, the thicknesses of the IO and TrA significantly increased at 50% trunk rotation to the right side. [Conclusion] The muscular contractions of the IO and TrA were stronger during ipsilateral rotation than in the neutral position and with resistance than at rest. Moreover, the muscular contraction was strongest in the resistive state during ipsilateral rotation.

The Validity of International Sales Contracts: Irrelevance of the 'Validity Exception' in Article 4 Vienna Sales Convention and a Novel Approach to Determining the Convention's Scope

OpenAIRE

Schroeter, Ulrich

2017-01-01

in: Ingeborg Schwenzer and Lisa Spagnolo (eds.), Boundaries and Intersections: The 5th Annual MAA Schlechtriem CISG Conference, The Hague: Eleven International Publishing (2014), pp. 95-117 Throughout the history of uniform law for international sales, the rules governing the validity of cross-border sales contracts have proven particularly difficult to harmonize because they differ greatly between the various domestic laws. This dilemma inter alia resulted in the "validity exception" in Arti...

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...

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.

Contracting in vivo research: what are the issues?

Science.gov (United States)

Underwood, Wendy J

2007-07-01

As a result of increasing internal and external pressures, research institutions are using contract research organizations for the conduct of in vivo research. Many issues arise when contracting animal research, including concern regarding animal health and welfare. Each sponsor institution should develop a program for outsourced in vivo research that evaluates and ensures appropriate care and use of research animals. Each sponsoring institution should consider establishing a policy and procedure for how outsourced in vivo studies will be approved, conducted, and monitored. An approved list of contract facilities can be established on the basis of accepted standards for animal care and use. Written contracts should include confidentiality agreements, the delineation of animal ownership, and the expectation to comply with all applicable regulations and guidelines for research animal care and use. Finally, a process for communication of adverse study or animal welfare events should be established. Thorough evaluation of contract organizations will help ensure appropriate research animal care and use.

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 ...

Incorporation of standard terms according to the CISG and the CESL: Will these Competing Instruments Enhance Legal Certainty in Cross-Border Sales Transactions?

NARCIS (Netherlands)

Kruisinga, S.A.

2013-01-01

This article compares the regulation of standard terms in the UN Convention on Contracts for the International Sale of Goods (CISG) and the Draft Regulation on a Common European Sales Law (CESL). Even though the CISG does not contain any express provisions concerning standard terms, this issue is

Is contracting out of public services still the great panacea?

DEFF Research Database (Denmark)

Petersen, Ole Helby; hjelmar, ulf; Vrangbæk, Karsten

2018-01-01

This article presents the results of a systematic review of international studies on economic and quality effects of contracting out published in the period from 2000 to 2014. We conducted a comprehensive search of the literature and identified 49 relevant studies. There are three main findings...... of the systematic review: (1) cost savings documented in international contracting out literature have been decreasing over time; (2) cost savings have been much greater in technical services than in social services; and (3) economic effects have been twice as large in Anglo-Saxon countries compared with other...... countries. With regard to measuring the effect of contracting out on service quality, which is a vital component of any service delivery arrangement, very few studies assess this issue in a comprehensive manner. There is also a significant lack of studies that include measures of transaction costs, thereby...

Does international nuclear trade law have a specificity

International Nuclear Information System (INIS)

David, J.L.

1988-01-01

This study on the specificity of international nuclear trade law covers public international and private international aspects. As regards the first, international organisations and agreements (bilateral and multilateral) are reviewed. In the context of the second, the international organisations with a scientific, legal or commercial vocation are briefly listed. Commercial contracts are then studied in greater detail from the viewpoint of contractual nuclear liability and that outside the contracts. In addition, special aspects are examined, relating to the flexibility of supply contracts, swap agreements in the nuclear field, and other more particular clauses such as the ''Consensus'' framework for export credits. The authors' conclusion is that while there is no specificity properly speaking in international nuclear trade law, it nevertheless has original features (NEA) [fr

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.

Directions of Development of International Production Specialization Theory in Terms of Integration

Directory of Open Access Journals (Sweden)

Lidiya Aleksandrovna Pankova

2016-06-01

Full Text Available The article is devoted to the definition of directions of development of the theory of international production specialization in terms of integration based on new trends in various areas of international business. The author proposes a new concept of international industrial specialization in terms of integration. As a result of research the author came to the conclusion that in the current economic conditions the need for a free market constraints associated with the deepening global market failures is becoming more and more obvious. Therefore, in the process of international specialization of production in the conditions of integration of the country should be guided not by comparative advantage in the production of certain goods or services, but also by other criteria. These criteria are: financial criterion determining the financial situation in the country, the trade criterion, reflecting the possibility of benefiting from international trade, technological criterion, considering the technological security of the country in the field of specialization and the cyclical criterion, reflecting the situation in the world economy and the level of integration of the country. On the basis of these criteria, the author identifies three categories of countries according to their ability to benefit from an international industrial specialization in the integration process: effective export, export-neutral and export-inefficient countries.

The CISG Convention and Domestic Contract Law: Harmony, Cross-Inspiration, or Discord?

DEFF Research Database (Denmark)

The papers prepared by outstanding Nordic and International scholars in this volume cast new light on the interrelationship between key features of the United Nations Convention on Contracts for the International Sale of Goods (CISG) and domestic sales and contract law. The Nordic region has...... a special interest is this project, as 2014 marks the 25th anniversary of the ratification of the CISG in most of the Nordic Countries. But the interaction between the CISG and domestic law is not merely a Scandinavian concern. CISG Article 7 expressly requires that in the interpretation of CISG, “regard...... is to be had to its international character and to the need to promote uniformity in its application”. With particular emphasis on issues relating to Contract Formation, Conformity of Goods and Hardship, the authors discuss how CISG rules and principles impact on or are influenced by domestic sales...

Some risks related to the short-term trading of natural gas

International Nuclear Information System (INIS)

Mazighi, Ahmed El Hachemi

2004-01-01

Traditionally guided by long-term contracts, the international natural gas trade is experiencing new methods of operating, based on the short term and more flexibility. Today, indeed, the existence of uncommitted quantities of natural gas, combined with gas price discrepancies among different regions of the world, gives room for the expansion of the spot-trading of gas. The main objective of this paper is to discuss three fundamental risks related to the short-term trading of natural gas: volume risk, price risk and infrastructure risk. The defenders of globalisation argue that the transition from the long-term to the short-term trading of natural gas is mainly a question of access to gas reserves, decreasing costs of gas liquefaction, the building of liquefied natural gas (LNG) fleets and regasification facilities and third-party access to the infrastructure. This process needs to be as short as possible, so that the risks related to the transition process will disappear rapidly. On the other hand, the detractors of globalisation put the emphasis on the complexity of the gas value chain and on the fact that eliminating long-term contracts increases the risks inherent to the international natural gas business. In this paper, we try to untangle and assess the risks related to the short-term trading of natural gas. Our main conclusions are: the short-term trading of gas is far from riskless; volume risk requires stock-building in both consuming and producing countries; price risk, through the high volatility for gas, induces an increase in options prices; there is no evidence to suggest that money-lenders' appetite for financing gas infrastructure projects will continue in a short-term trading system. This would be a threat to consumers' security of supply. (Author)

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...

The State-ANDRA contract of objectives for 2013-2016

International Nuclear Information System (INIS)

Fioraso, Genevieve; Moscovici, Pierre; Gonnot, Francois-Michel; Dupuis, Marie-Claude

2013-05-01

After a brief presentation of the ANDRA and of its missions, this document discusses the context and strategic orientations: results of the 2009-2012 contract, new elements of context, new priorities for public authorities, and strategic orientations. The next part presents the objectives of the new contract. It describes the various roles the ANDRA is to play: a designer and lead contractor possessing a high level research capacity, an exemplary industrialist, a public expert guarantor of the comprehensiveness of solutions for the management of radioactive wastes, a centre of information and dissemination in France and at the international level, and support and management. Appendices propose a table of activities and sponsors, the main milestones of the contract, a contract follow-up indicator

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

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)

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...

Electrically Stimulated Antagonist Muscle Contraction Increased Muscle Mass and Bone Mineral Density of One Astronaut - Initial Verification on the International Space Station

OpenAIRE

Shiba, Naoto; Matsuse, Hiroo; Takano, Yoshio; Yoshimitsu, Kazuhiro; Omoto, Masayuki; Hashida, Ryuki; Tagawa, Yoshihiko; Inada, Tomohisa; Yamada, Shin; Ohshima, Hiroshi

2015-01-01

Background Musculoskeletal atrophy is one of the major problems of extended periods of exposure to weightlessness such as on the International Space Station (ISS). We developed the Hybrid Training System (HTS) to maintain an astronaut?s musculoskeletal system using an electrically stimulated antagonist to resist the volitional contraction of the agonist instead of gravity. The present study assessed the system?s orbital operation capability and utility, as well as its preventative effect on a...

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.

International cooperation

International Nuclear Information System (INIS)

1996-01-01

In 1995, Nuclear Regulatory Authority of the Slovak Republic (NRA SR) ensured foreign cooperation particularly in the frame of the Slovak Republic is membership in the IAEA, as well as cooperation with the Nuclear Energy Agency of the Organization for Economic Cooperation and Development (OECD NEA), cooperation with European Union in the frame of PHARE programmes, and intergovernmental cooperation and cooperation among nuclear regulatory authorities. With respect to an international importance, prestige and a wide-scope possibilities of a technical assistance , either a direct one (expert assessments, technology supplies, work placement, scientific trips, training courses) or indirect one (participation at various conferences, seminars, technical committees, etc), the most important cooperation with the IAEA in Vienna. In 1994, the Slovak Republic, was elected to the Board Governors, the represent the group of Eastern European countries. The Slovak Government entrusted the NRA SR's Chairman with representing the Slovak Republic in the Board of Governors. Owing to a good name of Slovakia was elected to the one of two Vice-Chairmen of the Board of Governors at the 882-nd session on the Board. IAEA approved and developed 8 national projects for Slovakia in 1995. Generally, IAEA is contracting scientific contracts with research institutes, nuclear power plants and other organizations. Slovak organizations used these contracts as complementary funding of their tasks. In 1995, there were 12 scientific contracts in progress, or approved respectively. Other international activities of the NRA SR, international co-operations as well as foreign affairs are reported

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

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...

THE PROBLEM OF DISTINCTION BETWEEN TERMS "SOVIETISM", “IDEOLOGEME " AND "INTERNATIONALISM"

Directory of Open Access Journals (Sweden)

Shkredova Mariya Igorevna

2013-03-01

Full Text Available In this article the problem of distinction between terms "Sovietism" "ideologeme" and "international word" are examined. Criteria of their differentiation and the features of functioning in lexicon and literature are analyzed. As a result of separation of criteria of differentiation and the analysis of characteristic features of these terms it became possible to determine of each of terms. Results of research can be used by the lexicologists studying the lexicon of the Soviet era, authors of dictionaries of Sovietism, by students and teachers in study of lexicon.

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...

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...

Profiling Smart Contracts Interactions with Tensor Decomposition and Graph Mining

OpenAIRE

Charlier , Jérémy; Lagraa , Sofiane; State , Radu; Francois , Jerome

2017-01-01

International audience; Smart contracts, computer protocols designed for autonomous execution on predefined conditions, arise from the evolution of the Bit-coin's crypto-currency. They provide higher transaction security and allow economy of scale through the automated process. Smart contracts provides inherent benefits for financial institutions such as investment banking, retail banking, and insurance. This technology is widely used within Ethereum, an open source block-chain platform, from...

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

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.

International Short-Term Countermeasures Survey - 2012 Update

International Nuclear Information System (INIS)

Ingham, Grant

2013-01-01

Nuclear emergency planning, preparedness, response, and management, in general, are essential elements of any country's nuclear power programme. Part of nuclear emergency planning and preparedness is the implementation of national emergency plans, including detailed procedures for the implementation of short-term countermeasures, before during, and after the release of radioactive substances. The timely and appropriate implementation of short-term countermeasures, such as sheltering, evacuation, and iodine prophylaxis, can, in case of a nuclear emergency with a release of radioactive material, considerably reduce the doses to the public in the vicinity of the nuclear installation. Although international guidelines exist, national procedures and practices may differ due to different national habits, cultural specificity, and societal needs. Different national procedures and practices may, however, in the case of a radioactive release affecting two neighbouring countries, lead to different decisions in the implementation of countermeasures. In order to better understand existing approaches and to facilitate the comparison of national practices, the NEA decided to launch a questionnaire on current practices regarding short-term countermeasures, updating a similar survey performed in 1994 and 2003, as countries' practices have since evolved and been modified. In 2012, it was decided to reevaluate the country approaches in light of the early lessons learnt from the Fukushima Daiichi NPP accident. The information collected may be used to understand the basis for decisions in various countries, and, if deemed appropriate, as a basis for international harmonisation. This may also assist member countries to explain to the public affected by an emergency why the decisions in neighbouring countries may vary. This report summarises the information given by member countries and includes nine sections to explore the different aspects, covering the following topics: member

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

THE PRE-CONTRACT OBLIGATIONS REGARDING THE FRANCHISING AGREEMENT

Directory of Open Access Journals (Sweden)

DAN-ALEXANDRU SITARU

2013-05-01

Full Text Available The current paper puts into context the Government Ordinance no. 52/1997 regarding franchising with the new concepts of the Civil Code. Thus, under the old Civil Code there were no specific regulations that could be applied to a pre-contractual obligation of the parties. During any negotiation, because the parties sent each other a series of offers, counter offers, and in the end decided whether to agree or not, some parts of a professional secret, know-how, or any other important information for one or both might be revealed to the other. Under international laws, such as the one in France, or by using internationally established unwritten law, such as the Franchising Model Contract by the International Chamber of Commerce and Arbitration in Paris, such a disclosure of important or secret information is protected from future unauthorized usage by any party or affiliate if the contract is not signed. In the view of the new Civil Code, this stage in the development of an agreement, not yet binding, is now regulated and protected.

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...

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.

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.

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…

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...

Short-term forecasting of internal migration.

Science.gov (United States)

Frees, E W

1993-11-01

A new methodological approach to the forecasting of short-term trends in internal migration in the United States is introduced. "Panel-data (or longitudinal-data) models are used to represent the relationship between destination-specific out-migration and several explanatory variables. The introduction of this methodology into the migration literature is possible because of some new and improved databases developed by the U.S. Bureau of the Census.... Data from the Bureau of Economic Analysis are used to investigate the incorporation of exogenous factors as variables in the model." The exogenous factors considered include employment and unemployment, income, population size of state, and distance between states. The author concludes that "when one...includes additional parameters that are estimable in longitudinal-data models, it turns out that there is little additional information in the exogenous factors that is useful for forecasting." excerpt

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.

The Research Contract Programme annual report and statistics for 2000

International Nuclear Information System (INIS)

2001-06-01

53 Coordinated Research Projects (CRPs) were completed in 2000. 38 of these CRPs concerned topics in Nuclear Sciences and Applications and 15 were related to nuclear energy and safety. These CRPs were funded for $9,275,648; the average annual cost per CRP was $38,892. A list of these CRPs is included. Evaluations of these CRPs will be completed by the end of 2001 and included in the next annual report. The Agency's unique position as a technical international organization has enabled it to act as an international platform to lead groups of nuclear scientists by co-ordinating research and developmental activities addressing important problems in Member States. CRPs have been used to transfer existing technologies to developing countries, as well as for the development of new technologies in those countries. Since CRPs are tailored to finding solutions to specific problems, as compared to general techniques, their potential value in terms of the effect on Member States' level of development is substantial. In an effort to further enhance the effectiveness of CRPs developed and coordinated by the Agency, various initiatives have been suggested and the Research Contract Programme has been the subject of several advisory fora. The PPAS of Major Programme 2, the Senior Evaluation Group (SEG), and an internal audit of the programme have recently made recommendations to this end. Based on these reviews, the Agency has begun to fund fewer, but better focused and more substantially funded CRPs. Whereas in 1999, the Agency was carrying out 159 CRPs, 132 CRPs were carried out in 2000. The average annual amount of funding available per CRP during this period increased by 14%, from US $47,500 in 1999 to US $ 54,000 in 2000. In addition, the introduction of a new type of CRP (called Thematic CRP), meant to complement traditional CRPs, is currently being tested by the Human Health programme. This new, optional type of CRP is designed to strengthen promotion of research on nuclear

The Research Contract Programme annual report and statistics for 2000

Energy Technology Data Exchange (ETDEWEB)

NONE

2001-06-15

53 Coordinated Research Projects (CRPs) were completed in 2000. 38 of these CRPs concerned topics in Nuclear Sciences and Applications and 15 were related to nuclear energy and safety. These CRPs were funded for $9,275,648; the average annual cost per CRP was $38,892. A list of these CRPs is included. Evaluations of these CRPs will be completed by the end of 2001 and included in the next annual report. The Agency's unique position as a technical international organization has enabled it to act as an international platform to lead groups of nuclear scientists by co-ordinating research and developmental activities addressing important problems in Member States. CRPs have been used to transfer existing technologies to developing countries, as well as for the development of new technologies in those countries. Since CRPs are tailored to finding solutions to specific problems, as compared to general techniques, their potential value in terms of the effect on Member States' level of development is substantial. In an effort to further enhance the effectiveness of CRPs developed and coordinated by the Agency, various initiatives have been suggested and the Research Contract Programme has been the subject of several advisory fora. The PPAS of Major Programme 2, the Senior Evaluation Group (SEG), and an internal audit of the programme have recently made recommendations to this end. Based on these reviews, the Agency has begun to fund fewer, but better focused and more substantially funded CRPs. Whereas in 1999, the Agency was carrying out 159 CRPs, 132 CRPs were carried out in 2000. The average annual amount of funding available per CRP during this period increased by 14%, from US $47,500 in 1999 to US $ 54,000 in 2000. In addition, the introduction of a new type of CRP (called Thematic CRP), meant to complement traditional CRPs, is currently being tested by the Human Health programme. This new, optional type of CRP is designed to strengthen promotion of research on nuclear

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

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...

Contracts used for the charter or lease of pleasure vessels in pleasure navigation : an Italian perspective

Directory of Open Access Journals (Sweden)

Elena Orrù

2018-02-01

Full Text Available The Italian Navigation Code has transposed the practices developed at international level, in particular in international contracts for the ‘’locazione’’ and ‘’noleggio’’ of ships, distinguishing between the ship lease, from the one side, and the charter, from the other. The latter, in particular, consists of voyage charter and time charter. However, the Italian discipline differs in several respects from the contract types developed at international level. As for pleasure vessels, a specific regime lacked until the Law of 11 February 1971, No 50. The great development of this sector (which was previously considered limited to the use of pleasure vessels only for personal purposes, in particular of the entrepreneurial use of these vessels, furthered the draft and enactment, in 2005, of the Pleasure Navigation Code (Law of 18 July 2005, No 171, providing for a more comprehensive regime, however still not covering all the issues and aspects of pleasure navigation. The Code provides for a special regime of the contracts for the lease and charter of pleasure vessels: this article provides a review of the regime of these contracts provided by the Italian Pleasure Navigation Code, with regard also to its relationship with the Navigation Code and the Civil Code. The Code’s provisions are also examined with reference to standard contracts developed at the international level.

Long term impacts of international outsourcing of manufacturing on sustainability

DEFF Research Database (Denmark)

Moosavirad, Seyed Hamed; Kara, Sami; Hauschild, Michael Zwicky

2014-01-01

International outsourcing seems to be a cost efficient way of production. However, there are serious concerns about its long term impacts on the environmental, social and economic sustainability. This paper aims to quantify these impacts by using input output analysis, linear programming and system......% international outsourcing scenario and the baseline scenario due to their differences in production technologies. © 2014 CIRP....... dynamics in a case study including European electrical industry (outsourcer), Chinese electrical industry (outsourcee) and their main suppliers. Results depict the differences related to the total CO2 emissions, the number of employees and the gross value added of these two regions between a 10...

The Danish Contracting System

DEFF Research Database (Denmark)

Bonke, Sten; Levring, Peter

The paper is mainly concerned with the institutional framework of the Danish construction industry, describing structures, rules and actors' roles within a perspective of nationally defined procedural guidelines on construction projects. These aspects are treated under the concept of a "contracting...... system". After a short introduction to the structure and activities of the industry the post-war development is reviewed, in particular emphasising the importance of the early industrialisation process which in an international perspective represents quite unique features. Furthermore the most recent...

Short-term LNG-markets

International Nuclear Information System (INIS)

Eldegard, Tom; Lund, Arne-Christian; Miltersen, Kristian; Rud, Linda

2005-01-01

The global Liquefied Natural Gas (LNG) industry has experienced substantial growth in the past decades. In the traditional trade patterns of LNG the product has typically been handled within a dedicated chain of plants and vessels fully committed by long term contracts or common ownership, providing risk sharing of large investments in a non-liquid market. Increasing gas prices and substantial cost reductions in all parts of the LNG chain have made LNG projects viable even if only part of the capacity is secured by long-term contracts, opening for more flexible trade of the remainder. Increasing gas demand, especially in power generation, combined with cost reductions in the cost of LNG terminals, open new markets for LNG. For the LNG supplier, the flexibility of shifting volumes between regions represents an additional value. International trade in LNG has been increasing, now accounting for more than one fifth of the world's cross-border gas trade. Despite traditional vertical chain bonds, increased flexibility has contributed in fact to an increasing LNG spot trade, representing 8% of global trade in 2002. The focus of this paper is on the development of global short-term LNG markets, and their role with respect to efficiency and security of supply in European gas markets. Arbitrage opportunities arising from price differences between regional markets (such as North America versus Europe) are important impetuses for flexible short-term trade. However, the short-term LNG trade may suffer from problems related to market access, e.g. limited access to terminals and regulatory issues, as well as rigidities connected to vertical binding within the LNG chain. Important issues related to the role of short-term LNG-trade in the European gas market are: Competition, flexibility in meeting peak demand, security of supply and consequences of differences in pricing policies (oil-linked prices in Europe and spot market prices in North America). (Author)

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

International energy financing

International Nuclear Information System (INIS)

Vedavalli, Rangaswamy

1994-01-01

Some of the innovative financing options being considered by developing countries and economies in transition as ways of mobilizing international energy financing are discussed. Build-Own-Operate (BOO) and Transfer (BOOT) is the most commonly adopted approach. This involves limited resource financing of a project on the basis of the associated cash flow and risks and not on the credit of the project owners. The World Bank has set up the Multilateral Investment Guarantee Agency to provide, on a fee basis, guarantees against certain non-commercial forms of risk in order to promote international capital flow to developing countries. In 1989, the World Bank introduced the Expanded Co-financing Operations (ECO) programme as an instrument to catalyze the flow of private finance into developing countries and to improve their access to international financial markets. Other financial instruments currently being established include: leasing of equipment or whole plants by foreign investors; private ownership or operation of generation and distribution facilities; exchange of specific export goods for energy imports; developing instruments to finance local costs; revenue bonds; tax-exempt bonds; sale of electricity futures to those seeking more stable, longer term electricity price contracts. (UK)

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.

Making short-term international medical volunteer placements work: a qualitative study.

Science.gov (United States)

Elnawawy, Omnia; Lee, Andrew C K; Pohl, Gerda

2014-06-01

International medical volunteering has grown in recent decades. It has the potential to benefit and harm the volunteer and host countries; but there is a paucity of literature on the impacts of international medical volunteering and a need to find ways to optimise the benefits of such placements. In this study, one example of international medical volunteering was examined involving British GPs on short-term placements in Nepal. The intention was to explore the expectations and experiences of the local health workers, volunteers, and host organisation to try and understand what makes volunteer placements work. Qualitative study of key informant interviews. Stakeholders of a short-term international medical volunteer (IMV) placement programme in Nepal. Key informant interviews were carried out via face-to-face or telephone/internet interviews with five previous volunteers, three representatives from a non-governmental organisation providing placements, and five local health workers in Nepal who had had contact with the IMVs. Interviews were recorded, transcribed, and analysed using standard thematic framework approaches. All the stakeholders had their own specific motives for participating in the IMV programme. The relationship between volunteers and the Nepalese health workers was complex and characterised by discrepant and occasionally unrealistic expectations. Managing these different expectations was challenging. Contextual issues and cultural differences are important considerations in medical volunteer programmes, and this study highlights the importance of robust preparation pre-placement for the volunteer and host to ensure positive outcomes. © British Journal of General Practice 2014.

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...

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.

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)

Spent nuclear fuel reprocessing and international law. Germany's obligations under international law in matters of spent fuel reprocessing and the relevant contracts concluded with France and the United Kingdom

International Nuclear Information System (INIS)

Heintschel v Heinegg, W.

1999-01-01

The review presented is an excerpt from an expert opinion written by the author in December last year, in response to changes in nuclear energy policy announced by the new German government. The reprocessing of spent nuclear fuels from German power reactors in the reprocessing facilities of France (La Hague) and the UK (Sellafield) is not only based on contracts concluded by the German electric utilities and the French COGEMA or the British BNFL, but has been agreed as well by an exchange of diplomatic notes between the French Ministry of Foreign Affairs and the German ambassador in Paris, the German Foreign Ministry and the French ambassador as well as the British ambassador in Bonn. The article therefore first examines from the angle of international law the legal obligations binding the states involved, and Germany in particular, in matters of spent fuel reprocessing contracts. The next question arising in this context and discussed by the article is that of whether and how much indemnification can be demanded by the reprocessing companies, or their governments, resp., if Germany should discontinue spent fuel reprocessing and thus might be made liable for breach of the bilateral agreements. (orig/CB) [de

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.

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...

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)

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

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...

Near-Term Nuclear Power Revival? A U.S. and International Perspective

International Nuclear Information System (INIS)

Braun, C.

2004-01-01

In this paper I review the causes for the renewed interest in the near-term revival of nuclear power in the U.S. and internationally. I comment on the progress already made in the U.S. in restarting a second era of commercial nuclear power plant construction, and on what is required going forwards, from a utilities perspective, to commit to and implement new plant orders. I review the specific nuclear projects discussed and committed to in the U.S. and abroad in terms of utilities, sites, vendor and suppliers teams, and project arrangements. I will then offer some tentative conclusions regarding the prospects for a near-term U.S. and global nuclear power revival

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.

A DIC Based Technique to Measure the Contraction of a Skeletal Muscle Engineered Tissue

Directory of Open Access Journals (Sweden)

Emanuele Rizzuto

2016-01-01

Full Text Available Tissue engineering is a multidisciplinary science based on the application of engineering approaches to biologic tissue formation. Engineered tissue internal organization represents a key aspect to increase biofunctionality before transplant and, as regarding skeletal muscles, the potential of generating contractile forces is dependent on the internal fiber organization and is reflected by some macroscopic parameters, such as the spontaneous contraction. Here we propose the application of digital image correlation (DIC as an independent tool for an accurate and noninvasive measurement of engineered muscle tissue spontaneous contraction. To validate the proposed technique we referred to the X-MET, a promising 3-dimensional model of skeletal muscle. The images acquired through a high speed camera were correlated with a custom-made algorithm and the longitudinal strain predictions were employed for measuring the spontaneous contraction. The spontaneous contraction reference values were obtained by studying the force response. The relative error between the spontaneous contraction frequencies computed in both ways was always lower than 0.15%. In conclusion, the use of a DIC based system allows for an accurate and noninvasive measurement of biological tissues’ spontaneous contraction, in addition to the measurement of tissue strain field on any desired region of interest during electrical stimulation.

A third generation of performance contracting in danish central government?

DEFF Research Database (Denmark)

Kristiansen, Mads Bøge

2017-01-01

This paper compares the content of performance contracts in Danish central government over time in order to identify whether – and if so, how – it develops. The analysis is conducted as a two-step, mixed methods study. First, a quantitative study was carried out based on a study of all performance...... contracts in Danish central government in 2002, 2006, 2009, 2012 and 2014. For each year, all performance contracts have been coded according to the number and type of targets included in them. A range of qualitative interviews was then carried out, and Ministry of Finance recommendations were consulted...... of outcomes has increased, activity-oriented targets have decreased, and targets for internal management decreased in the mid-2000s before again increasing more recently. On this basis, performance contracting in Danish central government is argued to have entered a third generation....

A Pluralist Approach to the Law of International Sales

Directory of Open Access Journals (Sweden)

Juana Coetzee

2017-03-01

Full Text Available International trade can support economic development and social upliftment. However, people are often discouraged from contracting internationally due to the existence of differences in legal systems which act as a non-tariff barrier to trade. This article focuses on the private law framework regulating international contracts of sale. During the twentieth century the problem of diverse laws was primarily addressed by global uniform law such as the United Nations Convention on Contracts for the International Sale of Goods (CISG. However, uniform law is rarely complete and has to be supplemented by national law, trade usage or party agreement. Because there are gaps in the CISG the Swiss government has made a proposal for a new global contract law. But is this a feasible solution to the fragmentary state of international trade law? In Europe, signs of resistance are setting in against further harmonisation. The Proposal for a Common European Sales Law (CESL was recently withdrawn, and now Britain has voted to leave the European Union. Rumour has it that more countries might follow. The current private law framework for international sales contracts consists of a hybrid system where international, national, state and non-state law function side by side. This article submits that universalism is not per se the most efficient approach to the regulation of international sales law and that economic forces require a more varied approach for business-to-business transactions. The biggest challenge, however, would be to manage global legal pluralism. It is concluded that contractual parties, the courts and arbitral tribunals can effectively manage pluralism on a case-by-case basis.

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.

Conformity of Goods in International Sales

DEFF Research Database (Denmark)

Henschel, Rene Franz

The Conformity of Goods in International Sales gives a systematic analysis of Article 35 in the United Nations Convention on Contracts for the International Sale of Goods (CISG). Based on a detailed analysis of the most important cases and leading academic writing, Article 35 is described...... 9 CISG and the UNIDROIT Principles of International Commercial Contracts. The relation to domestic rules competing with Article 35, for instance the rules on validity and the rules on non-contractual liability, are analysed and so is the relation to selected domestic sales law, e.g. the United...... as a historical compromise between caveat emptor and caveat venditor and it is shown that the Article is to be supplemented by the general rules of contract law inside and outside the convention, such as the principle of good faith in Article 7 CISG, the rules of interpretation and usage in Article 8 and Article...

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.

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

Business analysis: The commercial mission of the International Asteroid Mission

Science.gov (United States)

The mission of the International Asteroid Mission (IAM) is providing asteroidal resources to support activities in space. The short term goal is to initiate IAM by mining a near-Earth, hydrous carbonaceous chondrite asteroid to service the nearer-term market of providing cryogenic rocket fuel in low lunar orbit (LLO). The IAM will develop and contract for the building of the transportation vehicles and equipment necessary for this undertaking. The long-term goal is to expand operations by exploiting asteroids in other manners, as these options become commercially viable. The primary business issues are what revenue can be generated from the baseline mission, how much will the mission cost, and how funding for this mission can be raised. These issues are addressed.

78 FR 21171 - International Mail Product

Science.gov (United States)

2013-04-09

... POSTAL REGULATORY COMMISSION [Docket No. CP2013-57; Order No. 1690] International Mail Product... have the Agreement included within the existing IBRS Competitive Contract 3 product on grounds of... Contract 3 product in Docket No. CP2012-18. Id. at 3. [[Page 21172

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.

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.

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...

Government/Andra 2001/2004 quadrennial contract

International Nuclear Information System (INIS)

2002-01-01

The French national agency for the management of radioactive wastes (ANDRA) was created on December 31, 1991 with the objective of carrying out research works in the domain of the long term management of radioactive wastes: research programs, management of waste disposal facilities, realisation and exploitation of underground laboratories for the design and setting up of new disposal facilities, definition of safety rules, conditioning and disposal specifications, inventory and localization of all radioactive wastes inside the French territory. This documents aims at defining the missions of the Andra for the 2001-2004 era, ten years after its creation: classification of radioactive wastes; positioning and missions of the Agency; objectives for the industrial mission (safety, storage and disposal solutions, management solutions, continuation of the inventory work, optimization of disposal costs, memory and surveillance); objectives of the research mission (high scientific level projects, structuration of researches, reinforcement of the coordination between the 3 axes of the 1991 law, exploitation and management of underground laboratories, spreading out of scientific results); objectives of the information mission (inventory and localization of wastes, realization of a reference inventory, contribution to the local information, proposal for a clear and verifiable information); international policy objectives (promotion of contacts and cooperations with foreign partners, representation of the Agency among the big international organizations, punctual missions for the valorization of the Agency competencies); evaluation and quality assurance inside the Agency (safety evaluation, scientific and technical evaluation, quality policy and environment, ethics, contract follow up). (J.S.)

Phase Zero Contracting Operations-Strategic and Integrative Planning for Contingency and Expeditionary Operations

Science.gov (United States)

2013-10-01

Annex W plan may utilize strength, weakness, opportunity, threat ( SWOT ) and capability gap analysis techniques. The SWOT method allows the IPE to...accountability and performance, the authors contend that international military organizations will benefit by incorporating Phase Zero Contracting Operations...analytical areas, such as OPLAN analysis , logistics assessments, contracting, and similar professional disciplines. Of note, most organizations do

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...

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…

Formal verification of smart contracts based on users and blockchain behaviors models

OpenAIRE

Abdellatif , Tesnim; Brousmiche , Kei-Léo

2018-01-01

International audience; Blockchain technology has attracted increasing attention in recent years. One reason for this new trend is the introduction of on-chain smart contracts enabling the implementation of decentralized applications in trust-less environments. Along with its adoption, attacks exploiting smart contract vul-nerabilities are inevitably growing. To counter these attacks and avoid breaches, several approaches have been explored such as documenting vulnerabilities or model checkin...

Second review meeting of the Contracting Parties to the Convention on Nuclear Safety

International Nuclear Information System (INIS)

Rafferty, Barbara

2002-01-01

The Second Review Meeting of the Contracting Parties to the Convention on Nuclear Safety was held in the Headquarters of the International Atomic Energy Agency in Vienna from 15-26 April 2002, under the chairmanship of the President, Mr Miroslav Gregoric, Director of the Slovenian Nuclear Safety Authority. The Convention on Nuclear Safety entered into force in October 1996, has been signed by sixty-five States and ratified by fifty-four, bringing within its scope 428 of the 448 nuclear reactors worldwide. The Convention aims to achieve and maintain a high level of nuclear safety worldwide, through inter alia enhancement of national measures and international co-operation. Obligations on Contracting Parties in accordance with the Convention include: the establishment and maintenance of a legislative and regulatory framework to govern the safety of land-based civil nuclear installations; the allocation of adequate financial and human resources to support the safety objectives; ensuring that all reasonably practicable improvements to safety are made as a matter of urgency. Adherence to this Convention entails two basic commitments by each Contracting Party: to prepare and make available a national report for review; and to subject its national report to a peer review by the other Contracting Parties. Thus, being a Contracting Party to this Convention involves: including in the national report a self-assessment of steps and measures already taken and in progress to implement the Convention obligations; taking an active part in an open and transparent review of its national report and the Reports of other Contracting Parties; and a commitment to a continuous learning and improving process, something which is a key element of a strong safety culture. The peer review of national reports takes place every three years, the first having been held in 1999. The Second Review Meeting was attended by delegates from 46 contracting parties. During the review certain issues were

Scafom International BV v. Lorraine Tubes S.A.S.: a case review of changing circumstances under the United Nations Convention on International Sale of Goods (CISG of 1980

Directory of Open Access Journals (Sweden)

Amalina AHMAD TAJUDIN

2014-12-01

Full Text Available This paper analyses the Belgium Supreme Court decision of Scafom International BV v. Lorraine Tubes S.A.S. The case involved a contract of sale of volatile goods ie steel tubes whereby a fixed-price contract caused it to be unenforceable because of the 70% market price increase just before the goods were delivered to the buyer. While the seller requested for renegotiation, for a higher contract price, the buyer refused to come to terms with the former. The court, by virtue of the United Nations sales law, held that renegotiation was the appropriate remedy in such a situation. In addition, the paper tests the different possible outcomes of this decision under the English Sale of Goods Act 1979, as well as the US Uniform Commercial Code. The finding of this test proves that these two sales laws would have tackled the issue of volatile market differently from that of the United Nations’.

77 FR 12353 - U.S. Department of State Advisory Committee on Private International Law (ACPIL): Notice of...

Science.gov (United States)

2012-02-29

... Judgments, and (2) Choice of Law in International Commercial Contracts The Office of the Assistant Legal..., which meets April 17-20. Choice of law in international commercial contracts: A working group composed...-binding principles relevant to the choice of law in international commercial contracts. The draft...

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

International agreements on nuclear weapons

International Nuclear Information System (INIS)

Dombey, N.

1982-01-01

The satellite detection of a nuclear explosion in the South Atlantic and Israel's destruction of a research reactor in Iraq make it essential to strengthen existing monitoring and enforcement programs to prevent proliferation. While there was no reliable evidence that either South Africa or Iraq was violating non-proliferation agreements, worst case scenarios can demonstrate to unfriendly countries that South Africa had diverted fuel to test a nuclear weapon and that Iraq is intending to produce weapons-grade plutonium 239. The situation can be improved by formulating better terms and conditions for internationalizing access to materials. Nuclear suppliers need to agree on terms that will assure their customers that contracts for civil programs will be honored. The International Atomic Energy Agency (IAEA), which includes both nuclear suppliers and customers, could achieve stronger agreements that take into account recent technological advances that will expand enrichment and reprocessing activities. 23 references, 1 figure

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...

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...

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

New transport and handling contract

CERN Multimedia

SC Department

2008-01-01

A new transport and handling contract entered into force on 1.10.2008. As with the previous contract, the user interface is the internal transport/handling request form on EDH: https://edh.cern.ch/Document/TransportRequest/ To ensure that you receive the best possible service, we invite you to complete the various fields as accurately as possible and to include a mobile telephone number on which we can reach you. You can follow the progress of your request (schedule, completion) in the EDH request routing information. We remind you that the following deadlines apply: 48 hours for the transport of heavy goods (up to 8 tonnes) or simple handling operations 5 working days for crane operations, transport of extra-heavy goods, complex handling operations and combined transport and handling operations in the tunnel. For all enquiries, the number to contact remains unchanged: 72202. Heavy Handling Section TS-HE-HH 72672 - 160319

Short-Term International Experience (STIE) and Students' Understanding of Quality Early Childhood Service Provision

Science.gov (United States)

Sims, Margaret; Nishida, Yukiyo

2018-01-01

Exposing pre-service teachers to international professional experiences through a short-term visiting programme serves to challenge their understandings of good quality practice through disturbing assumptions and expectations previously formed through experiences in their own country/culture. Much of the research in international study focuses on…

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

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...

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.

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

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...

Legal issues relating to the Ontario FIT contract - An update

International Nuclear Information System (INIS)

Weizman, Michael

2011-01-01

The paper discusses the legal issues related to the Ontario FIT contract, which includes the FIT waiver agreement, WTO challenge, FIT extension, political risk assessment and issues related to unforeseen events beyond human control (force majeure). The risk of termination of the FIT waiver is omitted for convenience by OPA but timing implications relating to the FIT waiver are included. The binding agreement for supply of generating equipment is also presented and the term sheet for turbine equipment and bill of purchase being understood as binding agreements is questioned. Political risks relate to existing contracts, lawsuit risks and changes to the REA process. Change in government and the implications of minority government can be added to the political risks. A successful WTO challenge has been assumed and the possible implications are discussed. Some of them include risk to FIT contracts already issued; changes in DC requirements and in FIT contract pricing and re-pricing of construction and turbine equipment supply contracts if DC requirements are relaxed.

7 CFR 1718.103 - Loan contract provisions.

Science.gov (United States)

2010-01-01

... AGRICULTURE LOAN SECURITY DOCUMENTS FOR ELECTRIC BORROWERS Loan Contracts With Distribution Borrowers § 1718... security for the loan will be reasonably adequate and that the loan will be repaid according to the terms... other provisions as RUS may require to ensure loan repayment and reasonably adequate loan security. ...

Analysis of the 314th Contracting Squadrons Contract Management Capability Using the Contract Management Maturity Model (CMMM)

National Research Council Canada - National Science Library

Jackson, Jr, Carl J

2007-01-01

.... The purpose of this research project is to analyze the 314th Contracting Squadron contracting processes and requirement target areas for improvement efforts by the application of the Contract Management Maturity Model (CMMM...

Incomplete Contract and Divisional Structures

OpenAIRE

Bao, T.; Wang, Y.

2009-01-01

In this paper we want to analyze the internal divisional structure within an organi- zation in the framework of incomplete contract theory. We use the framework of Aghion and Tirole (1997) and define the managerial control structure as \\sequence of search". A key feature of this paper which differentiate it from other works in the literature is that we add add an ex post bargaining phase in which the managers can agree on the project which maximize their joint private benefit. Our model shows...

The origin of activity in the biceps brachii muscle during voluntary contractions of the contralateral elbow flexor muscles

NARCIS (Netherlands)

Zijdewind, Inge; Butler, Jane E.; Gandevia, Simon C.; Taylor, Janet L.

During strong voluntary contractions, activity is not restricted to the target muscles. Other muscles, including contralateral muscles, often contract. We used transcranial magnetic stimulation (TMS) to analyse the origin of these unintended contralateral contractions (termed "associated"

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)

Contracting with the Enemy: The Contracting Officer’s Dilemma

Science.gov (United States)

2015-06-01

contracting command xv KO contracting officer KTR contractor LSC lead service component MGAA Mesopotamia Group Atlas Apache NAT National Afghanistan...and Contract Authority Understanding the roles of contracting versus command authority and command relationships is a fundamental that must be...Audit 12-7 (2012) described the CENTCOM-JTSCC (C- JTSCC) formation and command relationship : In April 2010, CENTCOM issued a fragmentary order to

R&D outsourcing contract for the unverified value of tacit knowledge sharing

Directory of Open Access Journals (Sweden)

Han Song

2015-11-01

Full Text Available Purpose: The purpose of this paper is to provide a R&D outsourcing contract design framework to incent R&D outsourcing service providers sharing tacit and explicit knowledge. Design/methodology/approach: The author uses the principal-agent theory to builds multitask principal-agent model which focuses on two cases. One case is that the effort costs of explicit and tacit knowledge sharing are complementary, but another is the effort costs are substitutable. Findings: It was found that when the effort costs of explicit and tacit knowledge sharing are mutually complementary the multitask R&D outsourcing contract can incent tacit knowledge sharing. Moreover, the multitask R&D outsourcing contract can motivate the effort of explicit knowledge sharing to achieve system optimization, but it fails to motivate the effort of tacit knowledge sharing to achieve system optimization. Research limitations/implications: In this paper we only consider that the outsourcing relationship is short-term, so the multitask R&D outsourcing contract is formal. In fact, the outsourcing relationship may be long-term, so the multitask R&D outsourcing contract is informal. In the long-term cooperation the buyer can promise some reward which cannot be verified by court. service providers choose to trust the promise of the buyer first. Once the buyer don’t fulfill the promise, they not only lose the trust of service providers in this cooperation, but also lose social trust and are seen as dishonest enterprises. Practical implications: Our study provides a theoretical model for formulating an effective R&D outsourcing contract and promoting the transfer of explicit and tacit knowledge sharing. Originality/value: The paper extends prior literature by designing multitask R&D outsourcing contract to share the tacit knowledge. We not only consider the cost of substitution relationship between tacit knowledge and explicit knowledge, but also considered the cost of

Long-term outcome of internal sphincter myectomy in patients with internal anal sphincter achalasia.

LENUS (Irish Health Repository)

Doodnath, Reshma

2012-02-01

BACKGROUND: Internal anal sphincter achalasia (IASA) is a condition with presentation similar to Hirschsprung\\'s disease (HD), but with the presence of ganglion cells on rectal suction biopsy (RSB). The diagnosis is made on anorectal manometry (ARM) by the absence of the rectosphincteric reflex on rectal balloon inflation. Internal sphincter myectomy (ISM) is the treatment of choice for patients with IASA. Recently, botulinum toxin has been used to treat IASA patients. The purpose of this study was to assess the long-term bowel function in patients with IASA following ISM. METHODS: The medical records of 24 patients with IASA managed by ISM during 1993-2005 were examined. There were 18 boys and 6 girls, aged 2-12 years. All patients presented with intractable constipation with or without soiling. The diagnosis was made by the demonstration of the absence of the rectosphincteric reflex on ARM. HD was excluded by the presence of ganglion cells and normal acetylcholinesterase activity in RSB. Patients were followed 4-14 years later. RESULTS: Fifteen (62.5%) patients at the time of follow-up had regular bowel motions without the use of laxatives. Six (25%) patients had regular bowel motions, but remained on small doses of laxatives. Two (8.3%) patients who suffered from constipation and soiling required twice weekly enemas to remain clean. One (4.2%) patient required resection of dilated rectosigmoid colon 3 years after myectomy, remains on laxatives, but has normal bowel control. No patients had faecal incontinence following ISM. CONCLUSION: This long-term follow-up study shows that the vast majority of IASA patients have normal bowel control following ISM.

Long-term outcomes of internal carotid artery disease treated using radial artery graft

International Nuclear Information System (INIS)

Murai, Yasuo; Teramoto, Akira; Mizunari, Takayuki; Kobayashi, Shiro; Umeoka, Katsuya; Tateyama, Kojiro

2009-01-01

Complex internal carotid artery disease presents a surgical challenge because limitations and difficulty are encountered with either clipping or endovascular treatment. Our review of previous reports suggests that no current vascular assessment can accurately predict occurrence of ischemic complications after internal carotid artery ligation. The present study concerns long-term clinical outcome of radial artery grafting followed by parent artery trapping or proximal occlusion for management of these difficult lesions. Between September 1997 and October 2007, we performed radial artery grafting followed immediately by parent artery occlusion in 20 sides of 19 patients with complex internal carotid arteries disease with follow-up for more than 36 months (5 men, 14 women; mean follow-up duration, 62 months). All patients underwent postoperative MRI and MR angiography (MRA) every year to assess graft patency, ischemic complications, and de novo aneurysm. Another 20 carotid aneurysms with visual disturbance were assessed concerning outcome. Among 13 patients with cranial nerve (III and VI) disturbances, all dysfunctions were improved in cases treated within 8 months of onset to operation. On the other hand, patients with second cranial nerve disturbances were not improved in cases treated after 4 months of onset. No long-term complications were discovered with MRI and MRA. With appropriate attention to surgical technique, radial artery grafting followed by acute parent artery occlusion is a safe treatment for complex internal carotid artery aneurysms. Long-term safety is satisfactory, with no delayed complications such as graft stenosis, ischemic complications or de novo aneurysm formations in follow-up periods of more than 3 years. Good clinical outcome of cranial nerve palsy was achieved in patients treated within 8 months of onset for cranial nerve (CN) III and VI, and 4 of CN II palsy. (author)

48 CFR 52.225-14 - Inconsistency between English Version and Translation of Contract.

Science.gov (United States)

2010-10-01

... English Version and Translation of Contract. 52.225-14 Section 52.225-14 Federal Acquisition Regulations... CLAUSES Text of Provisions and Clauses 52.225-14 Inconsistency between English Version and Translation of... and Translation of Contract (FEB 2000) In the event of inconsistency between any terms of this...

78 FR 21633 - International Mail Product

Science.gov (United States)

2013-04-11

... POSTAL REGULATORY COMMISSION [Docket No. CP2013-58; Order No. 1691] International Mail Product... have the Agreement included within the existing IBRS Competitive Contract 3 product on grounds of... Contract 3 product in Docket No. CP2012-17, and is on behalf of the same customer as in Docket No. CP2012...

Algunos aspectos sobre blockchains y smart contracts en educación superior

OpenAIRE

Amorós Poveda, Lucía

2018-01-01

Els conceptes de cadenes de blocs (blockchains) i contractes intel·ligents (smart contracts) ofereixen una alternativa sostenible en educació superior. Des d’aquest objectiu, es presenta una revisió d’ambdós conceptes i la seva relació amb els termes bitcoin, ledger, edublock i educoin. En un segon moment, s’atén a les xarxes en educació superior basades en tecnologia de cadenes de blocs, el seu vincle amb els contractes intel·ligents i les possibilitats a dia d’avui.

Governance in Blockchain Technologies & Social Contract Theories

Directory of Open Access Journals (Sweden)

Wessel Reijers

2016-12-01

Full Text Available This paper is placed in the context of a growing number of social and political critiques of blockchain technologies. We focus on the supposed potential of blockchain technologies to transform political institutions that are central to contemporary human societies, such as money, property rights regimes, and systems of democratic governance. Our aim is to examine the way blockchain technologies canbring about - and justify - new models of governance. To do so, we draw on the philosophical works of Hobbes, Rousseau, and Rawls, analyzing blockchain governance in terms of contrasting social contract theories. We begin by comparing the justifications of blockchain governance offered by members of the blockchain developers’ community with the justifications of governance presented within social contract theories. We then examine the extent to which the model of governance offered by blockchain technologies reflects key governance themes and assumptions located within social contract theories, focusing on the notions of sovereignty, the initial situation, decentralization and distributive justice.

Why radiologists lose their hospital contracts: is your contract secure?

Science.gov (United States)

Muroff, Lawrence R

2010-03-01

Previously, a hospital contract meant tenure for the incumbent group of radiologists; however, those days are long gone. Exclusive contracts have morphed into exclusive contracts with carve-outs. Turf erosion has become a fact of life for radiology practices. Now radiologists are losing their hospital contracts in record numbers. Group size, though helpful for a variety of reasons, does not ensure that a practice will be secure in its hospital setting. The reasons that groups lose their hospital contracts are varied, and in this paper, the author discusses the most common ones. Suggestions to help practices avoid this unfortunate fate are presented.

Values underlying perceptions of breach of the psychological contract

Directory of Open Access Journals (Sweden)

Leon Botha

2010-10-01

Research purpose: The study identifies the most important breaches and investigates which values underlie employee perceptions of breach of the psychological contract. It also addresses values that lead to employees interpreting incidents as breaches. Motivation for the study: The study calls on the fact that employees make inconsequential contributions to the terms of many formal employment contracts may imply that such contracts cannot be viewed as documents between equals. Research design, approach and method: The study identifies the most prominent breaches of the psychological contract and the values underlying the perceptions that violations have occurred. Main findings: The data revealed lack of promotion, poor interpersonal relations between colleagues and bad treatment by seniors as three main breaches of the contract, and social recognition, world of peace and sense of accomplishment as three dominant values that underlie perceptions of contract violation. Practical/managerial implications: The competent and intelligent manner in which lack of promotion is handled and communicated to employees is vital because it has implications for their willingness to contribute, their career prospects and their intention to stay in the organisation. Contribution/value-add: This research can serve as the basis for the development of survey or research instruments that are appropriate and relevant to the population.

Reviving Ulysses contracts.

Science.gov (United States)

Spellecy, Ryan

2003-12-01

Ulysses contracts have faced paternalism objections since they first were proposed. Since the contracts are designed to override a present request from a legally competent patient in favor of a past request made by that patient, enforcement of these contracts was argued to be unjustifiable strong paternalism. Recent legal developments and new theories of practical reasoning suggest that the discussion of Ulysses contracts should be revived. This paper argues that with a proper understanding of the future-directed planning embodied in Ulysses contracts, the charge of strong paternalism can be answered, and the enforcement of some Ulysses contracts may be justified under the rubric of weak paternalism.

78 FR 14755 - International Fisheries; Western and Central Pacific Fisheries for Highly Migratory Species...

Science.gov (United States)

2013-03-07

... satisfy the international obligations of the United States as a Contracting Party to the Convention. (2... international obligations of the United States as a Contracting Party to the Convention. List of Subjects in 50...) and to satisfy the international obligations of the United States under the Convention on the...

Co-operation and conflict under hard and soft contracting regimes: case studies from England and Wales

OpenAIRE

Hughes, David; Allen, Pauline; Doheny, Shane; Petsoulas, Christina; Vincent-Jones, Peter

2013-01-01

BACKGROUND: This paper examines NHS secondary care contracting in England and Wales in a period which saw increasing policy divergence between the two systems. At face value, England was making greater use of market levers and utilising harder-edged service contracts incorporating financial penalties and incentives, while Wales was retreating from the 1990 s internal market and emphasising cooperation and flexibility in the contracting process. But there were also cross-border spill-overs inv...

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.

Skeletal muscle contraction-induced vasodilation in the microcirculation.

Science.gov (United States)

Hong, Kwang-Seok; Kim, Kijeong

2017-10-01

Maximal whole body exercise leads skeletal muscle blood flow to markedly increase to match metabolic demands, a phenomenon termed exercise hyperaemia that is accomplished by increasing vasodilation. However, local vasodilatory mechanisms in response to skeletal muscle contraction remain uncertain. This review highlights metabolic vasodilators released from contracting skeletal muscle, endothelium, or blood cells. As a considerable skeletal muscle vasodilation potentially results in hypotension, sympathetic nerve activity needs to be augmented to elevate cardiac output and blood pressure during dynamic exercise. However, since the enhanced sympathetic vasoconstriction restrains skeletal muscle blood flow, intramuscular arteries have an indispensable ability to blunt sympathetic activity for exercise hyperaemia. In addition, we discuss that mechanical compression of the intramuscular vasculature contributes to causing the initial phase of increasing vasodilation following a single muscle contraction. We have also chosen to focus on conducted (or ascending) electrical signals that evoke vasodilation of proximal feed arteries to elevate blood flow in the microcirculation of skeletal muscle. Endothelial hyperpolarization originating within distal arterioles ascends into the proximal feed arteries, thereby increasing total blood flow in contracting skeletal muscle. This brief review summarizes molecular mechanisms underlying the regulation of skeletal muscle blood flow to a single or sustained muscle contraction.

26 CFR 1.101-1 - Exclusion from gross income of proceeds of life insurance contracts payable by reason of death.

Science.gov (United States)

2010-04-01

... the son of A and B. C receives the proceeds of $1,000 upon the death of A. The amount which C can... insurance contracts payable by reason of death. 1.101-1 Section 1.101-1 Internal Revenue INTERNAL REVENUE... contracts payable by reason of death. (a)(1) In general. Section 101(a)(1) states the general rule that the...

The Importance of Employment Contract for Umsida Quality Employees Improvement

Directory of Open Access Journals (Sweden)

Noor Fatimah Mediawati

2015-12-01

Full Text Available The absence of employment contracts in UMSIDA recognized cause some problems. Especially in improving the performance of employees. Issues a little more disturbing harmonious labor relations between employees and UMSIDA. In the terminology of the Labour Act, employment contract terms it is known as the Employment Agreement. Where the existence of labor agreement / contract employment is expected to harmonize the working relationship with the employer in accordance with the applicable rules. The existence of employment contracts is also a legal instrument which according to researchers ought to be put forward in efforts to increase the qualifications and competence of employees. By contract it will also avoid things that are not desirable in an employment relationship, because each party will always carry out their rights and responsibilities are aligned and balanced. Tranquility in the work and the guarantee of legal protection are expected to improve employee performance especially towards quality UMSIDA 2020. So this study explored further the urgency employment contract once its design. How To Cite: Mediawati, N., & Phahlevy, R. (2015. The Importance of Employment Contract for Umsida Quality Employees Improvement. Rechtsidee, 2(2, 141-156. doi:http://dx.doi.org/10.21070/jihr.v2i2.106

The nuclear safety convention. Results for Argentine as contracting party

International Nuclear Information System (INIS)

Caruso, Gustavo

2002-01-01

A powerful mechanism for increasing safety worldwide is through the development and adoption of legally binding Safety Conventions. Since 1986 four Conventions were ratified in the areas of Nuclear, Radiation and Waste Safety. The Nuclear Safety Convention establishes an international co-operation mechanism to maintain safety nuclear installations, focused on: to achieve and maintain a high level of nuclear safety worldwide through the enhancement of national measures and international co-operation including, where appropriate, safety-related technical co-operation; to establish and maintain effective defences in nuclear installations against potential radiological hazards in order to protect individuals, society and the environment from harmful effects of ionizing radiation from such installations and to prevent accidents with radiological consequences and to mitigate such consequences should they occur. Each contracting party shall take, within the framework of its national law, the legislative, regulatory and administrative measures and other steps necessary for implementing its obligations under this Convention. Moreover, each contracting parties shall submit for review prior to each review meeting, a National Report on the measures it has taken to implement each of the obligations of the Convention. The contracting parties concluded that the review process had proven to be of great value to their national nuclear safety programmes. (author)

Frustration of contract e impossibility of performance en el common law inglés

OpenAIRE

José Félix Chamie

2009-01-01

Sumario: i. Premisa. Formación de la doctrina de la frustration of contract. ii. Implied term theory. iii. Just and reasonable solution theory. iv. Foundation of contract theory. v. Radical change in the obligation: The “Construction theory”. vi. Efectos de la aplicación de la doctrine of frustration. vii. Límites de la jurisprudencia a la aplicación de la doctrine of frustration of contract

Can market stability be improved. Government and export contract approvals

International Nuclear Information System (INIS)

Livingston, R.S.

1983-01-01

The following aspects are discussed: long-term contracts vs spot or short-term uranium transactions; impact of widely fluctuating prices on primary producing/exporting countries and their producers; forecast of growing and largely predictable demand for uranium over next decade or two; effects of government actions; Australian development and export policies. (U.K.)

Book Review: Jus Cogens – International Law and Social Contract

Directory of Open Access Journals (Sweden)

Irawati Handayani

2016-12-01

Full Text Available This book is based on the doctoral thesis completed by the author as an International Scholar of the Cambridge Overseas Trust at the University of Cambridge. The main idea of the books lies on the fact that jus cogens still become one of the most complex doctrines in contemporary international law. The legal foundation of jus cogens is still questionable, whether it lies on natural law, positive law or even to higher or divine origin. However, there is general agreement that jus cogens represent the fundamental value in international society or so-called higher norm in international law.

24 CFR 983.206 - HAP contract amendments (to add or substitute contract units).

Science.gov (United States)

2010-04-01

... 24 Housing and Urban Development 4 2010-04-01 2010-04-01 false HAP contract amendments (to add or... Contract § 983.206 HAP contract amendments (to add or substitute contract units). (a) Amendment to substitute contract units. At the discretion of the PHA and subject to all PBV requirements, the HAP contract...

Administrative contracts

Directory of Open Access Journals (Sweden)

Vukićević-Petković Milica

2015-01-01

Full Text Available 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 understanding of the importance and essence of this institution as well as the need for its complete legal regulation.

25 CFR 900.127 - What can be included in the Indian tribe or tribal organization's contract budget?

Science.gov (United States)

2010-04-01

..., taking into consideration the terms of the contract and the requirements of the Act and any other applicable law; (2) The costs of preparing the contract proposal and supporting cost data; (3) The costs... construction contract to make a reasonable profit, taking into consideration the risks associated with carrying...

Project Delivery Acquisition and Contracting Plan for the Tank Farm Contractor

International Nuclear Information System (INIS)

MERCADO, L.C.

2000-01-01

This document is a plan presenting the process, strategies and approaches for vendor contracting by the Tank Farm Contractor. The plan focuses on contracting structures, practices, methods, and desired approaches in contracting. The U.S. Department of Energy (DOE), Office of River Protection (ORP) has contracted with the CH2M HILL Hanford Group, Inc. (CHG), as the Tank Farm Contractor (TFC), to support vitrification of Hanford Site tank waste by the Privatization Contractor. During Waste Feed Delivery Phase 1, waste will be retrieved from certain double-shell tanks and delivered to the Privatization Contractor to meet contract feed delivery requirements. Near-term project goals include upgrading infrastructure systems; retrieving and delivering the waste; and accepting the waste packages for interim onsite storage and disposal. Project Delivery includes individual projects assigned to provide the infrastructure and systems responsible to provide engineering, design, procurement, installation/construction, and testing/turnover of systems for retrieval of waste from Hanford double-shell tanks. This plan sets the requirements for projects work scope, contracting practices, structures, methods, and performance measurements. The plan is designed to integrate Life-Cycle Projects acquisitions and provide a consistent contracting approach. This effort will serve as a step improvement in contract reform implementing commercial practices into DOE projects

Contracting for health services in New Zealand: a transaction cost analysis.

Science.gov (United States)

Ashton, T

1998-02-01

The splitting of the functions of purchaser and provider in the New Zealand health system in 1993 necessitated the use of explicit contracts between the two parties. This paper examines contracting experiences during the first two years of operation. The study focuses on four services: rest homes, primary care clinics, surgical services, and acute mental health services. The insights of transaction cost economics form the theoretical framework. The objective of this study was to examine whether the transaction costs associated with contracting vary across the four different services, and whether different types of contracts and contractual relationships are emerging as transactors attempt to reduce these costs. Information was collected in a series of 53 interviews with purchasers and providers, together with any relevant documentation. The results suggest that the costs of contracting are indeed greater for some services than for others. Other variables such as the style of negotiations, the type and specificity of contracts and the degree of monitoring also differ across the four services. At this early stage of the reform process, there was little evidence that purchasers and providers were attempting to reduce transaction costs by negotiating more flexible, longer-term, relational contracts. The main benefit from contracting to date has been improved accountability of service providers.

75 FR 65566 - Revised Regulations Concerning Section 403(b) Tax-Sheltered Annuity Contracts; Correction

Science.gov (United States)

2010-10-26

... DEPARTMENT OF THE TREASURY Internal Revenue Service 26 CFR Part 1 [TD 9340] RIN 1545-BB64 Revised Regulations Concerning Section 403(b) Tax-Sheltered Annuity Contracts; Correction AGENCY: Internal Revenue... additional rules relating to annuities payable from a retirement income account. * * * * * 0 Par. 4. Section...

The Phebus Fission Product and Source Term International Programmes

International Nuclear Information System (INIS)

Clement, B.; Zeyen, R.

2005-01-01

The international Phebus FP programme, initiated in 1988 is one of the major research programmes on light water reactors severe accidents. After a short description of the facility and of the test matrix, the main outcomes and results of the first four integral tests are provided and analysed. Several results were unexpected and some are of importance for safety analyses, particularly concerning fuel degradation, cladding oxidation, chemical form of some fission products, especially iodine, effect of control rod materials on degradation and chemistry, iodine behaviour in the containment. Prediction capabilities of calculation tools have largely been improved as a result of this research effort. However, significant uncertainties remain for a number of phenomena, requiring detailed physical analysis and implementation of improved models in codes, sustained by a number of separate-effect experiments. This is the subject of the new Source Term programme for a better understanding of the phenomenology on important safety issues, in accordance with priorities defined in the EURSAFE project of the 5 th European framework programme aiming at reducing the uncertainties on Source Term analyses. It covers iodine chemistry, impact of boron carbide control rods degradation and oxidation, air ingress situations and fission product release from fuel. Regarding the interpretation of Phebus, an international co-operation has been established since over ten years, particularly helpful for the improvement and common understanding of severe accident phenomena. Few months ago, the Phebus community was happy to welcome representatives of a large number of organisations from the following new European countries: the Czech republic, Hungary, Lithuania, Slovakia, Slovenia and also from Bulgaria and Romania. (author)

In search of the elusive long-term price

International Nuclear Information System (INIS)

Connor, M.J.; Combs, J.

1989-01-01

The Uranium Institute, WNFM, and past USCEA sessions described and compared existing price reporting systems. The McGraw-Hill conference led to a rather heated discussion as to the propriety of spot prices having the influence they do on amounts paid in long-term contracts. The Ux representative proposed a future's market as a way that producers could hedge against some of the uncertainty of volatile spot market. In discussing the search for the elusive long-term price, there are two interrelated issues. The first is obvious-the search for a starting or initializing price that is representative of recently-signed or pending long-term contracts. The second is less obvious, but perhaps more important-the search for a successful mechanism for determining later delivery values in long-term contracts. This paper addresses the question of pricing mechanisms first

Sustainable Contracts in the Bottled Tawilis Value Chain in Taal, Batangas, Philippines

Directory of Open Access Journals (Sweden)

Cynthia V. Almazan

2012-03-01

Full Text Available This research was conceptualized to investigate the potential impact of contracts on the sustainability of the bottled tawilis supply chain, i.e. sustainability in terms of environmental protection, well-being of the people whose livelihood depends on tawilis production, processing and marketing; and enhanced economic gains from the chain. A survey amongst fishermen, middlemen and processors was performed in the lake Taal area. The study concludes that formal contracts, with specific demands to gear used and the handling of fish, may stimulate the catch of minimum and uniform sized fish. Such contracts may also stimulate delivery of higher quality fish by fishermen. These contracts thereby enhance sustainable fishing and increase in fishermen’s income. Direct (win-win contracts between processors and fishermen seem to be the best way to stimulate delivery of sustainably catched fish. Government should strongly increase enforcement of sustainable fishing practices and stimulate contracting for sustainable fishing in this chain.

Army Contract Specialists’ Lack of Desire to Become Contracting Officers

Science.gov (United States)

2012-05-01

response to question 2 was 1 or 2, choose all the responses that support the reasoning for your answer. B ). N o t en o u g h w el l tr ai n ed...contracting specialist set the goal of becoming a contracting officer? ACC 20 Contracting officer burnout Consider contracting officer rotations every 2 to

14 CFR 93.29 - International Arrival Authorizations.

Science.gov (United States)

2010-01-01

... 14 Aeronautics and Space 2 2010-01-01 2010-01-01 false International Arrival Authorizations. 93.29... at Chicago O'Hare International Airport § 93.29 International Arrival Authorizations. (a) Except as... marketing arrangement unless the flight was predominately marketed, by contract, under the control of...

Frustration of contract e impossibility of performance en el common law inglés

Directory of Open Access Journals (Sweden)

José Félix Chamie

2009-06-01

Full Text Available Sumario: i. Premisa. Formación de la doctrina de la frustration of contract. ii. Implied term theory. iii. Just and reasonable solution theory. iv. Foundation of contract theory. v. Radical change in the obligation: The “Construction theory”. vi. Efectos de la aplicación de la doctrine of frustration. vii. Límites de la jurisprudencia a la aplicación de la doctrine of frustration of contract

Annexe A. Principes généraux des contrats du commerce international. Unidroit - 1994

OpenAIRE

2015-01-01

PRINCIPLES OF INTERNATIONAL COMMERCIAL CONTRACTS [1994] PREAMBLE (Purpose of the Principles) These Principles set forth general rules for international commercial contracts. They shall be applied when the parties have agreed that their contract be governed by them. They may be applied when the parties have agreed that their contract be governed by general principles of law, the lex mercatoria or the like. They may provide a solution to an issue raised when it proves impossible to establish th...

OBJECT OF THE CONTRACT FROM THE PERSPECTIVE OF THE CURRENT CIVIL CODE

Directory of Open Access Journals (Sweden)

Raluca Antoanetta TOMESCU

2017-07-01

Full Text Available An indispensable element of social relations, primarily the contract governs our existence. Virtually anything in our lives is governed by contracts. Any move we make, school, work performed, marriage, holidays, a house or a new car, will lead to the acceptance of a contract, or are a consequence of their existence. In the light of the codifications set forth in the current Civil Code, which regularly follows the modern proposals for contract rules, the legislator gives us a clear perspective on its essential conditions of validity. Thus, along with the ability to contract and the consent of the parties, as essential conditions of validity of the contract, the cause and object of the contract also arise. The purpose of this study is therefore to reflect upon the meaning of some terms such as "the object of the contract", "the object of the obligation" or "the object of the benefit" in agreement with the regulations contained in the current Civil Code, especially because in practice but sometimes also in legal doctrine, sufficient attention is not given to the legal sense of each of them, the current rule bringing clarifying regulations.

International gas pricing in Europe and Asia: A crisis of fundamentals

International Nuclear Information System (INIS)

Stern, Jonathan

2014-01-01

In Continental Europe and LNG importing Asia, international gas prices reflect the market fundamentals of the 1970s–1990s when gas was replacing oil products and crude oil in energy balances. By the end of the 2000s, fundamentals in both these regions had changed significantly, but gas price formation mechanisms had not. This created major problems for buyers locked into long term contracts indexed to crude oil and oil product prices, which had risen to levels far above gas market fundamentals. By 2013, the transition to hub-based pricing was well advanced in Europe and dominant in the large markets in the north west of the Continent. In Asia the “crisis of fundamentals” was only just starting to be addressed with a transition to market pricing an urgent imperative, but still a distant prospect. - Highlights: • International gas prices in Europe and LNG importing Asia no longer reflect market fundamentals. • This became highly problematic in Europe post-2008 and in Japan post-Fukushima. • The result has been a significant switch to hub pricing in Europe. • In Asia, no substantial action has been taken beyond some new contracts based on Henry Hub prices

Muscle contraction and force

DEFF Research Database (Denmark)

Brüggemann, Dagmar Adeline; Risbo, Jens; Pierzynowski, Stefan G.

2008-01-01

Muscle contraction studies often focus solely on myofibres and the proteins known to be involved in the processes of sarcomere shortening and cross-bridge cycling, but skeletal muscle also comprises a very elaborate ancillary network of capillaries, which not only play a vital role in terms...... of nutrient delivery and waste product removal, but are also tethered to surrounding fibres by collagen "wires". This paper therefore addresses aspects of the ancillary network of skeletal muscle at both a microscopic and functional level in order to better understand its role holistically as a considerable...

Inflation Forecast Contracts

OpenAIRE

Gersbach, Hans; Hahn, Volker

2012-01-01

We introduce a new type of incentive contract for central bankers: inflation forecast contracts, which make central bankers’ remunerations contingent on the precision of their inflation forecasts. We show that such contracts enable central bankers to influence inflation expectations more effectively, thus facilitating more successful stabilization of current inflation. Inflation forecast contracts improve the accuracy of inflation forecasts, but have adverse consequences for output. On balanc...

CSR Standards in Supply Chain Contracts: A Critical Review of the Legal Literature

DEFF Research Database (Denmark)

Valkanou, Theodora; Mitkidis, Katerina

2018-01-01

with respect to the sensitive topic of social and environmental conditions in international supply chains. This paper presents a critical account of the ways the incorporation of CSR standards in supply chain contracts has been addressed through the lenses of contract law and regulatory doctrine. Legal...... conducted empirical research in order to comprehend the operation of CSR standards in supply chain contracts in practice. The present article documents and critically reviews the different streams of legal scholarship in this area with a view to reaching conclusions on whether (further) exploration by legal......An intensive rise of private regulatory governance within the Corporate Social Responsibility (CSR) arena has preoccupied legal scholars for over a decade now. The role of supply chain contracts as means to regulate CSR issues has gradually gained momentum in legal scholarship, especially...

Setting the stage for the review of the international estimate of short-term intake (IESTI) equation.

NARCIS (Netherlands)

Richter, Anke; Sieke, Christian; Reich, Hermine; Ossendorp, Bernadette C; Breysse, Nicolas; Lutze, Jason; Mahieu, Karin; Margerison, Sam; Rietveld, Anton; Sarda, Xavier; Vial, Gaelle; van der Velde-Koerts, Trijntje

2018-01-01

In the framework of setting Maximum Residue Limits (MRLs) for pesticides, both chronic and acute health risks to consumers arising from the long-term and short-term dietary exposure to pesticide residues have to be assessed. The current internationally harmonized approach for assessing the acute

Cohort Measures of Internal Migration: Understanding Long-Term Trends.

Science.gov (United States)

Bernard, Aude

2017-12-01

Internal migration intensities fluctuate over time, but both migration levels and trends show great diversity. The dynamics underpinning these trends remain poorly understood because they are analyzed almost exclusively by applying period measures to cross-sectional data. This article proposes 10 cohort measures that can be applied to both prospective and retrospective data to systematically examine long-term trends. To demonstrate their benefits, the proposed measures are applied to retrospective survey data for England that provide residential histories from birth to age 50 for cohorts born between 1918 and 1957. The analysis reveals stable lifetime migration for men but increased lifetime migration for women associated with earlier ages at moving in adulthood and a compression of intervals between consecutive moves. The proposed cohort measures provide a more comprehensive picture of migration behavior and should be used to complement period measures in exploring long-term trends. Increasing availability of retrospective and longitudinal survey data means that researchers can now apply the proposed measures to a wide range of countries.

Reconciling Contracts and Relational Governance through Strategic Contracting

DEFF Research Database (Denmark)

Petersen, Bent; Østergaard, Kim

2018-01-01

on contract types, such as strategic versus conventional, may reconcile the enduring research controversy between the substitution and complements perspectives. Practical implications: Today, formal contracts with foreign distributors tend to resemble “prenuptial agreements”. The opportunity for relational...

Pro short-term procurement - U.S. utility

International Nuclear Information System (INIS)

Thompson, R.D.

1990-01-01

The author expresses the opinion that rather than focusing market discussions around short-term versus long-term procurement strategies, the parties need to be focusing on how long it is going to take to get to a predominantly market-based price both in uranium and enrichment. Long-term contracts are going to be around and will always be an important part of buyers' and sellers' strategies. It is evident that the annual term contract price renegotiations around the world are resulting in continually lower prices. When these price negotiations finally arrive in the range of the market price, a commodity market that resembles other energy commodity markets can be obtained

The Contract Management Body of Knowledge: A Comparison of Contracting Competencies

Science.gov (United States)

2013-12-01

and supply chain management policies in an effort to deliver higher returns for their companies ( KPMG , 2012). As purchasing becomes increasingly more...conservation, hazardous materials , and ozone-depleting substances (NCMA, 2011). Contract Structures (1.5) has to do with identifying specific contract types...discusses time and material contracts as well as cost, performance, and delivery incentives. Incentive and award-fee contracts pertaining to fixed-price

Long-term allocation of power from the Snettisham Project

International Nuclear Information System (INIS)

1993-01-01

The Alaska Power Administration (APA) has prepared an Environmental Assessment (EA) (DOE/EA-0839) evaluating the Final Marketing Plan for the Snettisham Project that establishes long-term allocation and sales of power. The proposed long-term sales contract will replace a 20-year sales agreement that expires at the end of December, 1993. The EA evaluates the proposed alternative and the no action alternative. The proposed alternative replaces the expiring contract with a new 20-year contract with the same terms, conditions and allocation as the previous long-term contract. No other alternatives were developed, as there is only one utility in the Juneau area. The divestiture of this Federal project is expected to be approved by Congress; the present contractor would then assume the ownership and operation of the Snettisham Project. The EA identified no actions associated with the proposal that will cause significant environmental or socioeconomic impacts. The Final Marketing Plan for the Snettisham Project deals with the replacement of an expiring contract. The Final Marketing Plan does not include the addition of any major new resources, service to discrete major new loads, or major changes in operating parameters. No changes in rates are proposed in the Final Marketing Plan

Budgeting for International Projects: In-Country Business Operations and Long-Term Residential Assignments.

Science.gov (United States)

Richey, John B.

1994-01-01

A discussion of international sponsored research program administration looks at budgeting, costs, and procedures for both projects with in-country business operations in developing nations and projects with long-term residential assignments. It is intended for university administrators providing new services to faculty working on international…

Implied Terms: The Foundation in Good Faith and Fair Dealing

OpenAIRE

2014-01-01

With the aim of clarifying English law of implied terms in contracts and explaining their basis in the idea of good faith in performance, it is argued first that two, but no more, types of implied terms can be distinguished (terms implied in fact and terms implied by law), though it is explained why these types are frequently confused. Second, the technique of implication of terms is distinguished in most instances from the task of interpretation of contracts. Third, it is a...

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...