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.

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

Science.gov (United States)

2010-10-01

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

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

Science.gov (United States)

2010-04-01

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

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

International Nuclear Information System (INIS)

Creti, A.; Villeneuve, B.

2004-01-01

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

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

International Nuclear Information System (INIS)

Neumann, Anne

2005-01-01

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

Optimal Long-Term Financial Contracting

OpenAIRE

Peter M. DeMarzo; Michael J. Fishman

2007-01-01

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

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

Science.gov (United States)

Hall, Dorothea; McMath, Patricia

1986-01-01

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

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

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

Science.gov (United States)

2010-10-01

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

The design of long term care insurance contracts.

Science.gov (United States)

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

2016-12-01

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

Unfair terms in contracts between businesses

NARCIS (Netherlands)

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

2011-01-01

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

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

Science.gov (United States)

2011-10-13

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

The Inclusion of Standard Terms in International Sales Contracts

Directory of Open Access Journals (Sweden)

S Eiselen

2011-04-01

Full Text Available The problem dealing with the inclusion of standard terms and conditions in contracts is a problem that has engaged most legal systems. The United Nations Convention on Contracts for the International Sale of Goods, Vienna 1980 (CISG does not expressly deal with this problem. Accordingly the solution to the issue must be found in an interpretation and application of the general principles found in articles 8, 14 and 18. One of the main objects of the CISG is the harmonisation of international trade law. It is generally recognised that in order to achieve harmonisation it isnecessary that courts should interpret and apply the convention in a consistent and harmonious manner. Unfortunately a number of approaches have emerged from courts around the world in regard to the inclusion of standard terms. German courts have developed a strict approach which requires that the standard terms be madeavailable to the addressee at the time of the conclusion of the contract. They also require that the standard terms be couched in the language of the main contract. In stark contrast an American court has used an approach which is very lax in regard to incorporation, even allowing incorporation after the conclusion of the contract. There is, however a more moderate approach set out in decisions of the Austrian Supreme Court where the court adopted an approach which is more akin to that found in most legal systems, namely that a clear incorporation clause in the contract is sufficient for the effective incorporation of standard terms. The author critically examines the case law, the various approaches and the underlying arguments on which they are based, before reaching the conclusion that the two extreme approaches should be rejected in favour of the more moderate approach. This approach is founded on aproper interpretation of the provisions of the CISG as well as being in step with international trade practice.

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...

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)

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

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...

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...

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

Science.gov (United States)

2010-07-01

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

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

NARCIS (Netherlands)

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

2009-01-01

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

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

Science.gov (United States)

2010-04-01

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

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.

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

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)

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

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.

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.

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

Science.gov (United States)

2010-04-01

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

UNFAIR TERMS.CAUSES FOR INBALANCES IN BANK LOAN CONTRACTS

Directory of Open Access Journals (Sweden)

Mariana Rodica ȚÎRLEA

2014-11-01

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

Optimal Long-term Contracting with Learning

OpenAIRE

Jianfeng Yu; Bin Wei; Zhiguo He

2012-01-01

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

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 –

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.

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.

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

Medium-term fluctuations and the "Great Ratios" of economic growth

DEFF Research Database (Denmark)

Groth, Christian; Madsen, Jakob B.

2016-01-01

Evidence for the OECD countries show that the “great ratios”, such as the unemployment rate, factor shares, Tobin’s q and the investment-capital ratio, fluctuate significantly on medium-term frequencies of 10-40 years duration. To explain these medium-term fluctuations, we establish a macro...

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

Directory of Open Access Journals (Sweden)

Pedro L. Valls Pereira

2005-06-01

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

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

NARCIS (Netherlands)

Hondius, E.H.

2016-01-01

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

Teachers' Psychological Contract Perceptions and Person-Environment Fit Levels

Science.gov (United States)

Demirkasimoglu, Nihan

2014-01-01

Problem Statement: Modern management approaches attach great importance to both the informal and the economic aspects of the organizations. Identifying teachers' psychological contract types and fit levels of a work environment in terms of variables such as seniority, educational degree, and school type will lead to discovery of the motivational…

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

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...

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

Directory of Open Access Journals (Sweden)

Paul COMȘA

2014-05-01

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

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

DEFF Research Database (Denmark)

Larsen, Trine Pernille

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

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

Directory of Open Access Journals (Sweden)

Andreea-Teodora Stănescu

2014-11-01

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

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

DEFF Research Database (Denmark)

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

2003-01-01

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

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

International Nuclear Information System (INIS)

Agnolucci, Paolo

2007-01-01

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

Other enrichment related contracts

International Nuclear Information System (INIS)

Hall, J.C.

1978-01-01

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

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

Science.gov (United States)

Martinsen, Rob A.

2009-01-01

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

The Relationship between the Employment Contract and other Civil Contracts

Directory of Open Access Journals (Sweden)

Răzvan Radu Popescu

2015-05-01

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

Duration in Production Contracts

OpenAIRE

MacDonald, James M.; Korb, Penelope J.

2006-01-01

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

48 CFR 17.204 - Contracts.

Science.gov (United States)

2010-10-01

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

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

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.

Contracting out gas processing : the pros and cons

International Nuclear Information System (INIS)

Stout, D.L.

1999-01-01

The impact of competition within the energy industry on the midstream infrastructure was discussed. It was demonstrated that it is no longer necessary to own all or a portion of a processing facility to be a successful exploration company. It is now possible for midstream operators to manage the transmission business, the gas storage sector and the gas processing segment of the industry. Contract options and issues that should be addressed by natural gas producers in determining risks involved in contracting out were summarized. Changes in the industry has greatly expanded the options and opportunities for companies, both upstream and midstream. The industry has been contracting out gas processing for many years. However, the entry into the business of the specialized midstream player should further enhance the producer's options. The ultimate goal for the producer should be to benefit from lower costs, long term offerings, and a reduced need to invest potential exploration capital into non-core processing facilities

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...

Long-term Agroecosystem Research in the Northern Great Plains.

Science.gov (United States)

Schmer, M.; Sanderson, M.; Liebig, M. A.; Wienhold, B.; Awada, T.; Papiernik, S.; Osborne, S.; Kemp, W.; Okalebo, J. A.; Riedall, W.

2015-12-01

The Northern Great Plains is the bread basket of the United States, accounting for a substantial portion of U.S. agricultural production. This region faces critical challenges regarding balancing food needs, resource conservation (e.g Ogallala aquifer), environmental concerns, and rural economy development. Developing transformative, multifunctional systems will require equally imaginative and efficient tools to help farmers manage complex agroecosystems in a rapidly changing climate. The Northern Plains long-term agroecosystem research (LTAR) site at Mandan, ND and the Platte River High Plains LTAR (ARS/University of Nebraska-Lincoln) at Lincoln, NE in collaboration with USDA-ARS research units in Brookings, SD and Fargo, ND are collaborating to address the grand challenge of providing and sustaining multiple service provisions from Northern Great Plains agroecosystems. We propose to attain these goals through sustainable intensification based on the adoption of conservation agriculture principles including reduced soil disturbance, livestock integration, and greater complexity and diversity in the cropping system. Here, we summarize new concepts these locations have pioneered in dynamic cropping systems, resource use efficiency, and agricultural management technologies. As part of the LTAR network, we will conduct long-term cross-site research to design and assess new agricultural practices and systems aimed at improving our understanding of decision making processes and outcomes across an array of agricultural systems.

The impact of market changes on long-term take-or-pay export contracts for LNG and pipeline gas from Mena regions: lessons from Europe

International Nuclear Information System (INIS)

Frisch, Morten

1999-01-01

This paper examines the contracting structures and prices of liquefied natural gas (LNG) and gas pipeline projects, pricing arrangements in Great Britain, the continental West European gas price adjustment formula, and pricing of LNG transport by ship. The price review introduced in Continental North West European contracts, gas liberalisation and price shocks in Great Britain, the demise of British Gas, and gas liberalisation in continental Europe are discussed. Gas suppliers and European market liberalisation are considered, and MENA (Middle East and North Africa) gas supply arrangements, European buyers, and future price adjustment methods are addressed. (uk)

2016 RFA for Great Lakes Long-Term Biology Monitoring Program: Phytoplankton Component

Science.gov (United States)

This Request for Applications solicits applications from eligible entities for a cooperative agreement to be awarded for a project to continue the long-term monitoring of phytoplankton in the open waters of the Great Lakes.

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.

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.

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)

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.

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

Directory of Open Access Journals (Sweden)

Abbas Karimi

2017-02-01

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

UKAEA'S evolving contract philosophy

International Nuclear Information System (INIS)

Nicol, R. D.

2003-01-01

The United Kingdom Atomic Energy Authority (UKAEA) has gone through fundamental change over the last ten years. At the heart of this change has been UKAEA's relationship with the contracting and supply market. This paper describes the way in which UKAEA actively developed the market to support the decommissioning programme, and how the approach to contracting has evolved as external pressures and demands have changed. UKAEA's pro-active approach to industry has greatly assisted the development of a healthy, competitive market for services supporting decommissioning in the UK. There have been difficult changes and many challenges along the way, and some retrenchment was necessary to meet regulatory requirements. Nevertheless, UKAEA has sustained a high level of competition - now measured in terms of competed spend as a proportion of competable spend - with annual out-turns consistently over 80%. The prime responsibility for market development will pass to the new Nuclear Decommissioning Authority (NDA) in 2005, as the owner, on behalf of the Government, of the UK's civil nuclear liabilities. The preparatory work for the NDA indicates that the principles established by UKAEA will be carried forward. (author)

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.

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

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...

77 FR 3288 - International Mail Contract

Science.gov (United States)

2012-01-23

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

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 ...

Practical guide on contract of technology

International Nuclear Information System (INIS)

Choi, Chiho

1991-12-01

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

Contracting for nuclear fuels

International Nuclear Information System (INIS)

Schuessler, C.M.

1981-10-01

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

Analysis of international oil and gas contracts

International Nuclear Information System (INIS)

Moran, S.

1992-01-01

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

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.

Is the jury still out on PFI contracts?

Science.gov (United States)

Baillie, Jonathan

2012-02-01

Last September Andrew Lansley claimed that some NHS Trusts occupying PFI healthcare facilities had been 'landed with deals they could not afford', seemingly attributing much of the blame for a scenario where the Department of Health said 22 Trusts in England alone could be at significant financial risk to Labour, which, in the 1990s, greatly expanded a public/private funding partnership originally introduced by the Tories a decade earlier. Two key factors critics claim have put such Trusts 'at risk' are the 'inflexibility' of some PFI contracts, which makes varying terms difficult mid-contract, and the fact that many of the earlier deals were inexpertly negotiated by the 'public sector side'. HEJ editor Jonathan Baillie sought the views of Malcolm Austwick, a partner at top commercial law firm, DAC Beachcroft (see panel below), with extensive experience in the legal complexities of PFI, on whether or not the initiative's 'pros' do indeed outweigh the 'cons'.

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.

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 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...

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

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....

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...

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...

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)

The obligation to contract in British law

Directory of Open Access Journals (Sweden)

Verena Klappstein

2014-06-01

Full Text Available Nowadays the obligation to contract is rarely looked upon. Without reason though, because it is neither outdated nor inoperable. Based on three common law doctrines the obligation to contract goes back to the Middle Ages. It has not lost its relevance, as it can still be found in modern statutory law, such as in the electricity and mail sector. What is more, it is a fundamental institution with a great impact. The analysis showed that the five chosen forms of obligations to contract bear analogical requirements but very similar rationales and economic consequences. It sets impaired market power right and it overstrikes irrational behaviour of market participants. As overall achievement it aligns the range of property, freedom of contract and freedom of competition.

Corrupt Relational Contracting

OpenAIRE

Johann Graf Lambsdorff; Sitki Utku Teksoz

2002-01-01

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

24 CFR 891.595 - HAP contract extension or renewal.

Science.gov (United States)

2010-04-01

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

Covenant Violations and Dynamic Loan Contracting

DEFF Research Database (Denmark)

Freudenberg, Felix; Imbierowicz, Björn; Saunders, Anthony

2017-01-01

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

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

To Bind or not to Bind: It’s in the Contract

DEFF Research Database (Denmark)

Tvarnø, Christina D.

2015-01-01

This article discusses the formalization of collaboration through partnering contracts in the construction industry in the USA, Great Britain and Denmark. The article compares the different types of collaborative partnering contracts in the three countries, and provides a conclusion on whether th...

R and D contract management systems in the USA; Beikoku ni okeru R and D contract kanri system

Energy Technology Data Exchange (ETDEWEB)

NONE

2001-02-01

Outlined herein are the US Government's R and D contract management, which is considered to have greatly contributed to promotion of innovation in the USA. The procedures for the R and D contracts are managed through the mechanisms of the (government procurement), following the FAR (Federal Acquisition Regulations) that govern the government procurement rules. The procedural flow includes planning, public announcement of inviting the application documents, examination of the applications, negotiations, granting the fund, project management, suspension of the project and completion of the project. The audition sometimes takes several years to complete. The staff managing the individual contract is fairly specialized, and a team consisting of several professionals is responsible for each project. The substantial lifetime training systems the contract officers can receive are established. The alternative contract system encourages the applications from consortiums, and private enterprises frequently tie up with academic organizations to apply for the funds. Granting the funds to consortiums have many advantages, e.g., cost sharing and technological transfer. (NEDO)

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.

Long-Term Variability of Satellite Lake Surface Water Temperatures in the Great Lakes

Science.gov (United States)

Gierach, M. M.; Matsumoto, K.; Holt, B.; McKinney, P. J.; Tokos, K.

2014-12-01

The Great Lakes are the largest group of freshwater lakes on Earth that approximately 37 million people depend upon for fresh drinking water, food, flood and drought mitigation, and natural resources that support industry, jobs, shipping and tourism. Recent reports have stated (e.g., the National Climate Assessment) that climate change can impact and exacerbate a range of risks to the Great Lakes, including changes in the range and distribution of certain fish species, increased invasive species and harmful algal blooms, declining beach health, and lengthened commercial navigation season. In this study, we will examine the impact of climate change on the Laurentian Great Lakes through investigation of long-term lake surface water temperatures (LSWT). We will use the ATSR Reprocessing for Climate: Lake Surface Water Temperature & Ice Cover (ARC-Lake) product over the period 1995-2012 to investigate individual and interlake variability. Specifically, we will quantify the seasonal amplitude of LSWTs, the first and last appearances of the 4°C isotherm (i.e., an important identifier of the seasonal evolution of the lakes denoting winter and summer stratification), and interpret these quantities in the context of global interannual climate variability such as ENSO.

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

NARCIS (Netherlands)

Loos, M.

2003-01-01

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

48 CFR 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...

Flexibility in PPP contracts : Dealing with potential change in the pre-contract phase of a construction project

NARCIS (Netherlands)

Demirel, H.C.; Leendertse, W.L.; Volker, L.; Hertogh, M.J.C.M.

2016-01-01

Public Private Partnerships (PPPs) cover a range of possible relationships between public and private parties. PPP contracts are typically used in contexts of great uncertainty, such as large construction and infrastructure projects that are realized over a longer period of time. Hence, a major

Energy contracting in Switzerland

International Nuclear Information System (INIS)

Muggli, C.

2000-01-01

The article discusses the status of energy contracting in Switzerland and compares it with the situation in USA, Germany and France, where it has been standard practice for many years. The fact that this financing and operating instrument is not widely used in Switzerland in spite of its benefits for users and suppliers is discussed, as are the obstacles placed in its way. The results of a study made by the Federal Office of Energy are presented, whereby some 220 existing contracting arrangements with a total investment volume of around CHF 200 million were noted and a further potential of around CHF 1.1 billion estimated. The author notes that in order to utilise this potential, great efforts must be made by all parties involved

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

Short-Term Bluff Recession Behavior Along Pennsylvania's Great Lakes Coastline, USA

Science.gov (United States)

Foyle, A. M.; Naber, M. D.; Pluta, M. J.

2011-12-01

Coastal bluff retreat is a common problem along the world's unconsolidated coastlines. On the Great Lakes coast of Pennsylvania, Quaternary clay-rich glacial till, paleo-lake plain, and sandy strandplain sequences overlie Devonian bedrock. These Quaternary strata are subject to subaerial and lacustrine erosional processes that cause permanent coastal land loss at spatially variable rates, with the former (runoff, slumping, groundwater focusing, etc) dominating over the latter (wave and current scour, abrasion, etc). Land loss is of concern to environmental agencies because land-use planning should account for spatial and temporal variability in land-loss rates, and because bluff erosion contributes to a temporary degradation in coastal water quality. The goal of this study is to evaluate spatial variability in bluff retreat rates along a 20 km sector of Pennsylvania's short Great Lakes coast. High resolution LiDAR data covering a one-decade time frame (1998-2007) permit bluff-crest mapping on two comparable data sets that captures change within a timeframe similar to CZM planning intervals. Short-term recession data can be more useful, cost-effective, and accurate than long-term analyses that use lower-resolution field measurements, T-sheets, and historical aerial photography. Bluffs along the 20 km coastal study site consist of up to 26 m of unlithified Quaternary sediments overlying a 1-4 m ledge of sub-horizontal Devonian shale and sandstone. Bluff slopes range from 20-90 degrees, beaches are narrow (wide) or absent, and the bluffs are seasonally shielded by ground-freeze and lake ice. DEMs, hillshades, and slope and contour maps were generated from bare-earth 1998 and 2007 LiDAR data, and checked against 2005 aerial ortho-photography. Maps were analyzed at a scale of 1:120 in ArcGIS and the bluff crest was identified primarily by the visual-break-in-slope method. Rates of bluff retreat derived using DSAS vary from unresolvable to as much as 2.2 m/yr, averaging

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.

A Dictionary of Acquisition and Contracting Terms.

Science.gov (United States)

1997-06-01

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

24 CFR 891.590 - Notice upon HAP contract expiration.

Science.gov (United States)

2010-04-01

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

Relativistic beam self-contraction in the inhomogeneous magnetic field with a neck

International Nuclear Information System (INIS)

Grishin, V.K.

1979-01-01

For production of short bunches of relativistic electrons and accompanying electromagnetic fields with amplitudes (up to MW/cm), considered was self-contraction of a relativistic electron beam (REB) in a magnetic field with a neck. REB dynamics in a ferrodielectric channel with permeability >> 1 was considered as well. It is shown, that in a such system, 10 m beam with a current up to ten kA is contracted to a length of approximately 0.5 m. Also the possible ways of application of the considered method of REB contraction are shown. For instance, a slow REB, fearing a great field, can be used for the capture and subsequent acceleration of heavy ions. The contracted beam application for generating powerful pulses of a h.f. field with, in fact, a homogeneous spectrum up to 100-300 MHz and total field energy up to 10-15% of initial beam energy is of great interest as well

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...

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.

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

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...

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...

Law 19.126. It dictate Regulatory standards about Mining of great bearing

International Nuclear Information System (INIS)

2013-01-01

It statute rules for regulating mining projects of great size, ownership, location, related mining activities, mine closure plan, exploitation concession contract, taxation regime, canon, infractions and sanctions

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

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...

Nurse employment contracts in Chinese hospitals: impact of inequitable benefit structures on nurse and patient satisfaction.

Science.gov (United States)

Shang, Jingjing; You, Liming; Ma, Chenjuan; Altares, Danielle; Sloane, Douglas M; Aiken, Linda H

2014-01-13

Ongoing economic and health system reforms in China have transformed nurse employment in Chinese hospitals. Employment of 'bianzhi' nurses, a type of position with state-guaranteed lifetime employment that has been customary since 1949, is decreasing while there is an increase in the contract-based nurse employment with limited job security and reduced benefits. The consequences of inequities between the two types of nurses in terms of wages and job-related benefits are unknown. This study examined current rates of contract-based nurse employment and the effects of the new nurse contract employment strategy on nurse and patient outcomes in Chinese hospitals. This cross-sectional study used geographically representative survey data collected from 2008 to 2010 from 181 hospitals in six provinces, two municipalities, and one autonomous region in China. Logistic regression models were used to estimate the association between contract-based nurse utilization, dissatisfaction among contract-based nurses, nurse intentions to leave their positions, and patient satisfaction, controlling for nurse, patient, and hospital characteristics. Hospital-level utilization of contract-based nurses varies greatly from 0 to 91%, with an average of 51%. Contract-based nurses were significantly more dissatisfied with their remuneration and benefits than 'bianzhi' nurses who have more job security (P benefits were more likely to intend to leave their current positions (P benefits among contract-based nurses were rated lower and less likely to be recommended by patients (P benefits between contract-based nurses and 'bianzhi' nurses may adversely affect both nurse and patient satisfaction in hospitals. Our study provides empirical support for the 'equal pay for equal work' policy emphasized by the China Ministry of Health's recent regulations, and calls for efforts in Chinese hospitals to eliminate the disparities between 'bianzhi' and contract-based nurses.

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

The Great War and Dutch Contract Law : Resistance, Responsiveness and Neutrality

NARCIS (Netherlands)

Boom, van W.H.

2014-01-01

Throughout the Great War, the Netherlands tried frantically to remain a neutral nation between the warring Central Powers and the Entente Forces. Notwithstanding its neutrality, the war left distinct marks on Dutch society and economy. This article argues that it also left marks, both temporary and

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

Unilateral muscle contractions enhance creative thinking.

Science.gov (United States)

Goldstein, Abraham; Revivo, Ketty; Kreitler, Michal; Metuki, Nili

2010-12-01

Following the notion of relative importance of the right hemisphere (RH) in creative thinking, we explored the possibility of enhancing creative problem solving by artificially activating the RH ahead of time using unilateral hand contractions. Participants attempted to complete the Remote Associates Test after squeezing a ball with either their left or right hand. As predicted, participants who contracted their left hand (thus activating the RH) achieved higher scores than those who used their right hand and those who did not contract either hand. Our findings indicate that tilting the hemispheric balance toward the processing mode of one hemisphere by motor activation can greatly influence the outcome of thought processes. Regardless of the specific mechanism involved, this technique has the potential for acting as a therapeutic or remedial manipulation and could have wide applications in aiding individuals with language impairments or other disorders that are believed to be related to hemispheric imbalances.

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

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

Contract Design: Risk Management and Evaluation.

Science.gov (United States)

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

2018-01-12

Effective risk adjustment is an aspect that is more and more given weight on the background of competitive health insurance systems and vital healthcare systems. The risk structure of the providers plays a vital role in Pay for Performance. A prerequisite for optimal incentive-based service models is a (partial) dependence of the agent's returns on the provider's gain level. Integrated care systems as well as accountable care organisations (ACOs) in the US and similar concepts in other countries are advocated as an effective method of improving the performance of healthcare systems. These systems outline a payment and care delivery model that intends to tie provider reimbursements to predefined quality metrics. By this the total costs of care shall be reduced. Little is known about the contractual design and the main challenges of delegating "accountability" to these new kinds of organisations and/or contracts. The costs of market utilisation are highly relevant for the conception of healthcare contracts; furthermore information asymmetries and contract-specific investments are an obstacle to the efficient operation of ACOs. A comprehensive literature review on methods of designing contracts in Integrated Care was conducted. The research question in this article focuses on how reimbursement strategies, evaluation of measures and methods of risk adjustment can best be integrated in healthcare contracting. Each integrated care contract includes challenges for both payers and providers without having sufficient empirical data on both sides. These challenges are clinical, administrative or financial nature. Risk adjusted contracts ensure that the reimbursement roughly matches the true costs resulting from the morbidity of a population. If reimbursement of care provider corresponds to the actual expenses for an individual/population the problem of risk selection is greatly reduced. The currently used methods of risk adjustment have widely differing model and forecast

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

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

Science.gov (United States)

Jacofsky, D J

2017-11-01

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

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

National Research Council Canada - National Science Library

2007-01-01

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

Types of contracts and contracting procedures

International Nuclear Information System (INIS)

Zijl, N.A. van

1977-01-01

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

The Brent Contract for Differences (CFD)

International Nuclear Information System (INIS)

Barrera-Rey, F.; Seymour, A.

1996-01-01

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

A New Approach Regarding the Legal Contract Lesion

Directory of Open Access Journals (Sweden)

Sache Neculaescu

2010-06-01

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

Horticultural Households Profit Optimization and the Efficiency of Labour Contract Choice

OpenAIRE

Ndoye Niane, A.F.; Burger, C.P.J.; Bulte, E.H.

2010-01-01

In agriculture, the coexistence of different forms of land tenancy or labour contract has been explained so far by several theories related to Marshallian inefficiency, incentives, risk sharing, and transaction costs, including supervision costs. These theories and the empirical evidences have greatly contributed to explain the reasons behind land tenancy or labour contract choice. This study follows up on this. Moreover, it intends to take a further step by focusing particularly on the produ...

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...

Contract Design: Risk Management and Evaluation

Directory of Open Access Journals (Sweden)

Axel C. Mühlbacher

2018-01-01

Full Text Available Introduction: Effective risk adjustment is an aspect that is more and more given weight on the background of competitive health insurance systems and vital healthcare systems. The risk structure of the providers plays a vital role in Pay for Performance. A prerequisite for optimal incentive-based service models is a (partial dependence of the agent’s returns on the provider’s gain level. Integrated care systems as well as accountable care organisations (ACOs in the US and similar concepts in other countries are advocated as an effective method of improving the performance of healthcare systems. These systems outline a payment and care delivery model that intends to tie provider reimbursements to predefined quality metrics. By this the total costs of care shall be reduced.  Methods: Little is known about the contractual design and the main challenges of delegating “accountability” to these new kinds of organisations and/or contracts. The costs of market utilisation are highly relevant for the conception of healthcare contracts; furthermore information asymmetries and contract-specific investments are an obstacle to the efficient operation of ACOs. A comprehensive literature review on methods of designing contracts in Integrated Care was conducted. The research question in this article focuses on how reimbursement strategies, evaluation of measures and methods of risk adjustment can best be integrated in healthcare contracting.  Results: Each integrated care contract includes challenges for both payers and providers without having sufficient empirical data on both sides. These challenges are clinical, administrative or financial nature. Risk adjusted contracts ensure that the reimbursement roughly matches the true costs resulting from the morbidity of a population. If reimbursement of care provider corresponds to the actual expenses for an individual/population the problem of risk selection is greatly reduced. The currently used methods

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...

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.

Why Different Drought Indexes Show Distinct Future Drought Risk Outcomes in the U.S. Great Plains?

Science.gov (United States)

Feng, S.; Hayes, M. J.; Trnka, M.

2015-12-01

Vigorous discussions and disagreements about the future changes in drought intensity in the US Great Plains have been taking place recently within the literature. These discussions have involved widely varying estimates based on drought indices and model-based projections of the future. To investigate and understand the causes for such a disparity between these previous estimates, we analyzed 10 commonly-used drought indexes using the output from 26 state-of-the-art climate models. These drought indices were computed using potential evapotranspiration estimated by the physically-based Penman-Monteith method (PE_pm) and the empirically-based Thornthwaite method (PE_th). The results showed that the short-term drought indicators are similar to modeled surface soil moisture and show a small but consistent drying trend in the future. The long-term drought indicators and the total column soil moisture, however, are consistent in projecting more intense future drought. When normalized, the drought indices with PE_th all show unprecedented and possibly unrealistic future drying, while the drought indices with PE_pm show comparable dryness with the modeled soil moisture. Additionally, the drought indices with PE_pm are closely related to soil moisture during both the 20th and 21st Centuries. Overall, the drought indices with PE_pm, as well as the modeled total column soil moisture, suggest a widespread and very significant drying of the Great Plains region toward the end of the Century. Our results suggested that the sharp contracts about future drought risk in the Great Plains discussed in previous studies are caused by 1) comparing the projected changes in short-term droughts with that of the long-term droughts, and/or 2) computing the atmospheric evaporative demand using the empirically-based method (e.g., PE_th). Our analysis may be applied for drought projections in other regions across the globe.

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 ...

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.

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...

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...

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.

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...

WRF model sensitivity to land surface model and cumulus parameterization under short-term climate extremes over the southern Great Plains of the United States

Science.gov (United States)

Lisi Pei; Nathan Moore; Shiyuan Zhong; Lifeng Luo; David W. Hyndman; Warren E. Heilman; Zhiqiu. Gao

2014-01-01

Extreme weather and climate events, especially short-term excessive drought and wet periods over agricultural areas, have received increased attention. The Southern Great Plains (SGP) is one of the largest agricultural regions in North America and features the underlying Ogallala-High Plains Aquifer system worth great economic value in large part due to production...

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...

Depth of the graft bed influences split-skin graft contraction.

NARCIS (Netherlands)

Mensik, I.; Lamme, E.N.; Brychta, P.

2003-01-01

Contraction of a split-thickness skin graft used for coverage of large defects remains a great problem in plastic, burn and reconstructive surgery. In this study we evaluated healing of split-thickness skin grafts transplanted in wounds on the subcutaneous fat and muscle fascia in pigs. Four young

My Road to Transform Faulting 1963; Long-Term Precursors to Recent Great Earthquakes

Science.gov (United States)

Sykes, L. R.

2017-12-01

My road to plate tectonics started serendipitously in 1963 in a remote area of the southeast Pacific when I was studying the propagation of short-period seismic surface waves for my PhD. The earthquakes I used as sources were poorly located. I discovered that my relocated epicenters followed the crest of the East Pacific Rise but then suddenly took a sharp turn to the east at what I interpreted to be a major fracture zone 1000 km long before turning again to the north near 55 degrees south. I noted that earthquakes along that zone only occurred between the two ridge crests, an observation Tuzo Wilson used to develop his hypothesis of transform faulting. Finding a great, unknown fracture zone led me to conclude that work on similar faults that intersect the Mid-Oceanic Ridge System was more important than my study of surface waves. I found similar great faults over the next two years and obtained refined locations of earthquakes along several island arcs. When I was in Fiji and Tonga during 1965 studying deep earthquakes, James Dorman wrote to me about Wilson's paper and I thought about testing his hypothesis. I started work on it the spring of 1966 immediately after I learned about the symmetrical "magic magnetic anomaly profile" across the East Pacific Rise of Pitman and Heirtzler. I quickly obtained earthquake mechanisms that verified the transform hypothesis and its related concepts of seafloor spreading and continental drift. As an undergraduate in the late 1950s, my mentor told me that respectable young earth scientists should not work on vague and false mobilistic concepts like continental drift since continents cannot plow through strong oceanic crust. Hence, until spring 1966, I did not take continental drift seriously. The second part of my presentation involves new evidence from seismology and GPS of what appear to be long-term precursors to a number of great earthquakes of the past decade.

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...

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.

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

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.

Issue Framing and Sector Character as Critical Parameters for Government Contracting-Out in the UK

DEFF Research Database (Denmark)

Bækkeskov, Erik

2011-01-01

This article shows that variations in how two UK governments justified contracting-out (issue framing), combined with shifting sector-derived incentives for union activism (sector character), can help explain the extent of contracting-out. Janitorial service, an activity of the UK government......, and its reform faced unions that stood to lose a great deal from movement of janitorial jobs to private firms. In contrast, the New Labour government framed contracting-out broadly, as a means to efficient social justice, and faced unions with low stakes in government janitors. As a consequence, UK...

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...

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.

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...

Study on collapse mechanism of junction between greatly deeper shaft and horizontal drifts (Contract research)

International Nuclear Information System (INIS)

Kurosaki, Yukio; Yamachi, Hiroshi; Katsunuma, Yoshio; Nakata, Masao; Kuwahara, Hideki; Yamada, Fumitaka; Matsushita, Kiyoshi; Sato, Toshinori

2008-03-01

The Mizunami underground research laboratory is planned to consist of greatly deeper shaft and horizontal drifts. A junction space between a greatly deeper shaft and horizontal drifts forms which would take a complicated mechanical behavior during a junction excavation. However, a quantitative design method of supporting measures for a deep junction has not yet been established. This is because a conventional shaft design has been conducted based on past experience. Detail records have not been left either in what kind of collapses and deformed phenomena occurring in shaft constructions in a past. In order to examine a collapse mechanism of greatly deeper shaft junction, we have conducted literature surveys and interview studies concerned with deep shaft construction works in a past, and investigated what collapses or difficulties had been occurred in deep shaft junctions. Considering the results of investigations with reviews of intellectuals, a collapse mechanism of a super deep shaft junction depends on both a construction procedure of shaft junction and a geological condition at great depth. During a construction of a shaft junction, stress state of rock masses near junction wall would take a complicated stress path. Especially, it should be necessary to take a most careful consideration on that tangential stress acted around a shaft wall may reduce during horizontal drift excavation. On the other hand, where greatly deeper junction intersects faults and/or fractures with a large angle, a collapse called 'Take-nuke' may occur or extraordinary earth pressure acts on a concrete wall. This is the most typical difficulties during shaft construction. In order to recognize a mechanism of these phenomena and to find out a cause of collapse generation, numerical studies that can simulate a practical rock mass behavior around a shaft junction should be carry out. We demonstrate the finite difference method is most adequate for these simulations with intellectual review

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

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.

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)

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.

Long-term Bat Monitoring on Islands, Offshore Structures, and Coastal Sites in the Gulf of Maine, mid-Atlantic, and Great Lakes—Final Report

Energy Technology Data Exchange (ETDEWEB)

Peterson, Trevor [Stantec Consulting Services Inc., Topsham, ME (United States); Pelletier, Steve [Stantec Consulting Services Inc., Topsham, ME (United States); Giovanni, Matt [Stantec Consulting Services Inc., Topsham, ME (United States)

2016-01-15

This report summarizes results of a long-term regional acoustic survey of bat activity at remote islands, offshore structures, and coastal sites in the Gulf of Maine, Great Lakes, and mid-Atlantic coast.

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...

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.

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.

Great deal achieved at Cape's nuclear island

International Nuclear Information System (INIS)

Anon.

1979-01-01

Since the civil engineering contract commenced a great deal has been achieved at Escom's Koeberg nuclear power station north of Cape Town. About 50 percent of the civil work has now been done and the entire project remains on schedule for a January 1982 start-up on nuclear reactor unit number one and a January 1983 start-up on unit two. Final handover is scheduled for January 1984. Completion of the civil works is scheduled for December 1981. The construction of the Koeberg nuclear power station is discussed, as well as the contractors for the civil engineering work

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.

Assessing the short term health impact of the Great Recession in the European Union: a cross-country panel analysis.

Science.gov (United States)

Toffolutti, Veronica; Suhrcke, Marc

2014-07-01

There are great concerns and some initial country-specific, descriptive evidence about potential adverse health consequences of the recent Great Recession. Using data for 23 European Union countries we examine the short-term impact of macroeconomic decline during the Great Recession on a range of health and health behaviour indicators. We also examine whether the effect differed between countries according to the level of social protection provided. Overall, during the recent recession, an increase of one percentage point in the standardised unemployment rate has been associated with a statistically significant decrease in the following mortality rates: all-cause-mortality (3.4%), cardiovascular diseases (3.7%), cirrhosis- and chronic liver disease-related mortality (9.2%), motor vehicle accident-related mortality (11.5%), parasitic infection-related mortality (4.1%), but an increase in the suicide rate (34.1%). In general, the effects were more marked in countries with lower levels of social protection, compared to those with higher levels. An increase in the unemployment rate during the Great Recession has had a beneficial health effect on average across EU countries, except for suicide mortality. Social protection expenditures appear to help countries "smooth" the health response to a recession, limiting health damage but also forgoing potential health gains that could otherwise result. Copyright © 2014 Elsevier Inc. All rights reserved.

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

Long term follow up after surgery in congenitally corrected transposition of the great arteries with a right ventricle in the systemic circulation

NARCIS (Netherlands)

A.J.J.C. Bogers (Ad); S.J. Head (Stuart); P.L. de Jong (Peter); M. Witsenburg (Maarten); A.P. Kappetein (Arie Pieter)

2010-01-01

textabstractAim of the study: To investigate the long-term outcome of surgical treatment for congenitally corrected transposition of the great arteries (CCTGA), in patients with biventricular repair with the right ventricle as systemic ventricle.Methods: A total of 32 patients with CCTGA were

Strategic contracting practices to improve procurement of health commodities.

Science.gov (United States)

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

2014-08-01

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

Construction contract revenue recording comparison

Directory of Open Access Journals (Sweden)

Hana Bohušová

2008-01-01

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

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...

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...

Contracts and management services site support program plan WBS 6.10.14

Energy Technology Data Exchange (ETDEWEB)

Knoll, J.M. Jr.

1994-09-01

Contracts and Management Services is recognized as the central focal point for programs having company or sitewide application in pursuit of the Hanford Missions`s financial and operational objectives. Contracts and Management Services actively pursues cost savings and operational efficiencies through: Management Standards by ensuring all employees have an accessible, integrated system of clear, complete, accurate, timely, and useful management control policies and procedures; Contract Reform by restructuring the contract, organization, and cost accounting systems to refocus Hanford contract activities on output products; Systems and Operations Evaluation by directing the Cost Reduction program, Great Ideas, and Span of Management activities; Program Administration by enforcing conditions of Accountability (whether DEAR-based or FAR-based) for WHC, BCSR, ICF KH, and BHI; Contract Performance activities; chairing the WHC Cost Reduction Review Board; and analyzing companywide Performance Measures; Data Standards and Administration by establishing and directing the company data management program; giving direction to the major RL programs and mission areas for implementation of cost-effective and efficient data management practices; directing all operations, application, and interfaces contained within the Hanford PeopleCore System; directing accomplishment and delivery of TPA data management milestones; and directing the sitewide data management processes for Data Standards and the Data Directory.

7 CFR 631.22 - Access to operating unit.

Science.gov (United States)

2010-01-01

..., DEPARTMENT OF AGRICULTURE LONG TERM CONTRACTING GREAT PLAINS CONSERVATION PROGRAM Miscellaneous § 631.22... unit for the purpose of ascertaining the accuracy of any representations made in a contract or leading up to a contract, and as to the performance of the terms and conditions of the contract. Access shall...

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

Science.gov (United States)

Muralidharan, Karthik; Sundararaman, Venkatesh

2013-01-01

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

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

International Nuclear Information System (INIS)

2006-01-01

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

The use of micro-plasma radiofrequency technology in secondary skin graft contraction: 2 case reports.

Science.gov (United States)

Ding, Jin-Ping; Fang, Lin; Wang, Lian-Zhao

2015-01-01

Secondary skin graft contraction leading to cosmetic deformity remains a great challenge. These two case reports present serious skin graft contraction and the treatment with micro-plasma radiofrequency technology. Two patients presented with complaints of post-burn depigmentation on the forehead and the hand, respectively, and received dermabrasion and thin split-thickness skin grafting. Then, many localized contraction lesions occurred after 4 weeks. The treatment selected was non-surgical removal using micro-plasma radiofrequency technology with the following energy parameters: a roller tip at 80 watts, three passes in different directions. No complications were observed. The contracted skin was ablated without affecting the pigment distribution. The consequents were that the color, appearance, and texture of the grafted skin matched the adjacent skin well and had better patient acceptance.

Choreographies and Behavioural Contracts on the Way to Dynamic Updates

Directory of Open Access Journals (Sweden)

Mario Bravetti

2014-11-01

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

Organizational and Client Commitment among Contracted Employees

Science.gov (United States)

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

2006-01-01

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

Informing water harvesting technology contract design using choice experiments

Science.gov (United States)

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

2017-10-01

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

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

DEFF Research Database (Denmark)

de la Porte, Caroline; Emmenegger, Patrick

2017-01-01

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

Stability of contracts in the Brazilian wine industry

Directory of Open Access Journals (Sweden)

Decio Zylbersztajn

2005-06-01

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

Polymorphic Contracts

Science.gov (United States)

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

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

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

Science.gov (United States)

2010-10-01

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

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

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...

The Lanthanide Contraction Revisited

Energy Technology Data Exchange (ETDEWEB)

Seitz, Michael; Oliver, Allen G.; Raymond, Kenneth N.

2007-04-19

A complete, isostructural series of lanthanide complexes (except Pm) with the ligand TREN-1,2-HOIQO has been synthesized and structurally characterized by means of single-crystal X-ray analysis. All complexes are 1D-polymeric species in the solid state, with the lanthanide being in an eight-coordinate, distorted trigonal-dodecahedral environment with a donor set of eight unique oxygen atoms. This series constitutes the first complete set of isostructural lanthanide complexes with a ligand of denticity greater than two. The geometric arrangement of the chelating moieties slightly deviates across the lanthanide series, as analyzed by a shape parameter metric based on the comparison of the dihedral angles along all edges of the coordination polyhedron. The apparent lanthanide contraction in the individual Ln-O bond lengths deviates considerably from the expected quadratic decrease that was found previously in a number of complexes with ligands of low denticity. The sum of all bond lengths around the trivalent metal cation, however, is more regular, showing an almost ideal quadratic behavior across the entire series. The quadratic nature of the lanthanide contraction is derived theoretically from Slater's model for the calculation of ionic radii. In addition, the sum of all distances along the edges of the coordination polyhedron show exactly the same quadratic dependency as the Ln-X bond lengths. The universal validity of this coordination sphere contraction, concomitant with the quadratic decrease in Ln-X bond lengths, was confirmed by reexamination of four other, previously published, almost complete series of lanthanide complexes. Due to the importance of multidentate ligands for the chelation of rare-earth metals, this result provides a significant advance for the prediction and rationalization of the geometric features of the corresponding lanthanide complexes, with great potential impact for all aspects of lanthanide coordination.

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...

Shadow management applied in the first AP1000 project under the islands contract condition

International Nuclear Information System (INIS)

Liu Xiao

2010-01-01

As the global first AP1000 nuclear project, Sanmen phase I nuclear project itself has many challenges from design, procurement to construction managements for non practical nuclear project and experience can be referenced. Islands contract pattern was adopted by this project and this contract pattern has its own strength and weakness. Considering the negative influence result from the first unit, this project has the great postpone risk. Shadow management here tries to reduce these risks and enhance the project surveillance and control by the owner to promote the final goal of this project. (authors)

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.

Today's gas glut and yesterday's contracts: the British Gas predicament

International Nuclear Information System (INIS)

Stoppard, M.

1996-10-01

Deregulation of the gas and electricity industries has led to a state of pronounced oversupply in the UK gas market. The effects of this oversupply became apparent during the course of 1995 and took two forms. Firstly, there was the emergence of a market for the short-term trading of gas. The price levels in this market collapsed in the first half of 1995 opening up a price gap between ''spot'' and contract gas. Secondly, some contract gas was paid for but was not produced, so that delivery to market was indefinitely postponed: there was a run-up in inventory - or ''take-or-pay'' - gas levels, as a form of keeping supply off the market. Oversupply has exerted great pressure on a number of market participants throughout the gas chain who remain locked into purchase agreements for volumes which have no market outlet, and at prices above market levels. The rally in spot price levels experienced since the second quarter of 1996 has eased pressure within the market but has not removed the fundamental strains. The market is expected to remain in oversupply at least up to the end of 1998. Keen price competition may not clear the market even at discount prices, so that shut-in of production capacity is likely. The consequent build-up in take-or-pay levels will continue through the period, although at steadily declining rates, and there is little scope prior to 1999 for the industry as a whole to offload this inventory gas on the market. (author)

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...

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

Unemployment of Non-western Immigrants in the Great Recession

OpenAIRE

Cerveny, J.; Ours, J.C. van

2013-01-01

Abstract: This paper examines whether unemployment of non-western immigrant workers in the Netherlands was disproportionally affected by the Great Recession. We analyze unemployment data covering the period November 2007 to February 2013 finding that the Great Recession affected unemployment rates of non-western immigrant workers in absolute terms more than unemployment rates of native workers. However, in relative terms there is not much of a difference. We also find that the sensitivity of ...

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...

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.

Long-term results after atrial correction of complete transposition of the great arteries.

Science.gov (United States)

Merlo, M; de Tommasi, S M; Brunelli, F; Abbruzzese, P A; Crupi, G; Ghidoni, I; Casari, A; Pitì, A; Mamprin, F; Parenzan, L

1991-02-01

This study presents the late results for the first 104 consecutive patients surviving and atrial repair for transposition of the great arteries (TGA) between January 1971 and December 1978 (group 1). Mean follow-up was 12 years (range, 0.1 to 17.7 years). The actuarial survival rate at 18 years was 84.2% (70% confidence limits, 79% to 88%) for simple TGA and 93.7% (70% confidence limits, 84% to 97%) for complex TGA. Nine of the 11 deaths were sudden. Two (2.6%) of the 78 late survivors operated on for simple TGA are in New York Heart Association functional class III or IV versus 4 (26.7%) of the 15 survivors with complex TGA; the other patients are doing very well. To better assess long-term results, we report the findings for randomly obtained electrocardiograms, Holter monitor recordings, radionuclide angiographic studies, and cardiac catheterizations performed in 1987 in a larger group of 159 long-term survivors of atrial repair operated on at Ospedale Riuniti di Bergamo from January 1971 to December 1984 (group 2), which includes all of group 1. The findings confirm that the arterial switch repair is the procedure of choice for complex TGA and that there is a major incidence (approximately 10%) of systemic right ventricular dysfunction and rhythm disturbances after the atrial repair. On the other hand, our late survival rate at 18 years of 84% for simple TGA with 97.5% of the patients in functional class I is a result that should be kept in mind, especially in institutions where the arterial switch is a relatively new approach and presumably is a higher risk to cause early death.

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.

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.

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

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.)

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.

Contracting in specialists for emergency obstetric care- does it work in rural India?

Directory of Open Access Journals (Sweden)

Randive Bharat

2012-12-01

Full Text Available Abstract Background Contracting in private sector is promoted in developing countries facing human resources shortages as a challenge to reduce maternal mortality. This study explored provision, practice, performance, barriers to execution and views about contracting in specialists for emergency obstetric care (EmOC in rural India. Methods Facility survey was conducted in all secondary and tertiary public health facilities (44 in three heterogeneous districts in Maharashtra state of India. Interviews (42 were conducted with programme managers and district and block level officials and with public and private EmOC specialists. Locations of private obstetricians in the study districts were identified and mapped. Results Two schemes, namely Janani Suraksha Yojana and Indian Public Health standards (IPHS provided for contracting in EmOC specialists. The IPHS provision was chosen for use mainly due to greater sum for contracting in (US $ 30/service episode vs.300 US$/month. The positions of EmOC specialists were vacant in 83% of all facilities that hence had a potential for contracting in EmOC specialists. Private specialists were contracted in at 20% such facilities. The contracting in of specialists did not greatly increase EmOC service outputs at facilities, except in facilities with determined leadership. Contracting in specialists was useful for non emergency conditions, but not for obstetric emergencies. The contracts were more of a relational nature with poor monitoring structures. Inadequate infrastructure, longer distance to private specialists, insufficient financial provision for contracting in, and poor management capacities were barriers to effective implementation of contracting in. Dependency on the private sector was a concern among public partners while the private partners viewed contracting in as an opportunity to gain experience and credibility. Conclusions Density and geographic distribution of private specialists are important

Contracting in specialists for emergency obstetric care- does it work in rural India?

Science.gov (United States)

Randive, Bharat; Chaturvedi, Sarika; Mistry, Nerges

2012-12-31

Contracting in private sector is promoted in developing countries facing human resources shortages as a challenge to reduce maternal mortality. This study explored provision, practice, performance, barriers to execution and views about contracting in specialists for emergency obstetric care (EmOC) in rural India. Facility survey was conducted in all secondary and tertiary public health facilities (44) in three heterogeneous districts in Maharashtra state of India. Interviews (42) were conducted with programme managers and district and block level officials and with public and private EmOC specialists. Locations of private obstetricians in the study districts were identified and mapped. Two schemes, namely Janani Suraksha Yojana and Indian Public Health standards (IPHS) provided for contracting in EmOC specialists. The IPHS provision was chosen for use mainly due to greater sum for contracting in (US $ 30/service episode vs.300 US$/month). The positions of EmOC specialists were vacant in 83% of all facilities that hence had a potential for contracting in EmOC specialists. Private specialists were contracted in at 20% such facilities. The contracting in of specialists did not greatly increase EmOC service outputs at facilities, except in facilities with determined leadership. Contracting in specialists was useful for non emergency conditions, but not for obstetric emergencies. The contracts were more of a relational nature with poor monitoring structures. Inadequate infrastructure, longer distance to private specialists, insufficient financial provision for contracting in, and poor management capacities were barriers to effective implementation of contracting in. Dependency on the private sector was a concern among public partners while the private partners viewed contracting in as an opportunity to gain experience and credibility. Density and geographic distribution of private specialists are important influencing factors in determining feasibility and use of

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

Return transport of processed radioactive waste from France and Great Britain

International Nuclear Information System (INIS)

2010-11-01

The report on returning transport and interim storage of processed radioactive waste from France and Great Britain in vitrified block containers covers the following issues: German contracts with radioactive waste processing plants concerning the return of processed waste to Germany; optimized radioactive waste processing using vitrified block containers; the transport casks as basic safety with respect to radiation protection; interim storage of processes high-level waste by GNS in Gorleben; licensing, inspections and declarations; quality assurance and control.

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

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.

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...

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

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...

48 CFR 227.7009-3 - Additional clauses-contracts except running royalty contracts.

Science.gov (United States)

2010-10-01

...-contracts except running royalty contracts. 227.7009-3 Section 227.7009-3 Federal Acquisition Regulations...—contracts except running royalty contracts. The following clauses are examples for use in patent release and settlement agreements, and license agreements not providing for payment by the Government of a running...

Bladder instillation of Escherichia coli lipopolysaccharide alters the muscle contractions in rat urinary bladder via a protein kinase C-related pathway

International Nuclear Information System (INIS)

Weng, T.I.; Chen, W.J.; Liu, S.H.

2005-01-01

Uropathogenic Escherichia coli is a common cause of urinary tract infection. We determined the effects of intravesical instillation of E. coli lipopolysaccharide (LPS, endotoxin) on muscle contractions, protein kinase C (PKC) translocation, and inducible nitric oxide synthase (iNOS) expression in rat urinary bladder. The contractions of the isolated rat detrusor muscle evoked by electrical field stimulations were measured short-term (1 h) or long-term (24 h) after intravesical instillation of LPS. One hour after LPS intravesical instillation, bladder PKC-α translocation from cytosolic fraction to membrane fraction and endothelial (e)NOS protein was elevated, and detrusor muscle contractions were significantly increased. PKC inhibitors chelerythrine and Ro32-0432 inhibited this LPS-enhanced contractile response. Application of PKC activator β-phorbol-12,13-dibutyrate enhanced the muscle contractions. Three hours after intravesical instillation of LPS, iNOS mRNA was detected in the bladder. Immunoblotting study also demonstrated that the induction of iNOS proteins is detected in bladder in which LPS was instilled. 24 h after intravesical instillation of LPS, PKC-α translocation was impaired in the bladder; LPS did not affect PKC-δ translocation. Muscle contractions were also decreased 24 h after LPS intravesical instillation. Aminoguanidine, a selective iNOS inhibitor, blocked the decrease in PKC-α translocation and detrusor contractions induced by LPS. These results indicate that there are different mechanisms involved in the alteration of urinary bladder contractions after short-term and long-term treatment of LPS; an iNOS-regulated PKC signaling may participate in causing the inhibition of muscle contractions in urinary bladder induced by long-term LPS treatment

5 CFR 1315.14 - Payments under construction contracts.

Science.gov (United States)

2010-01-01

... the contract; (ii) Payments to subcontractors and suppliers have been made from previous payments... withhold or retain from a subcontractor or supplier, in accordance with the terms and conditions of their..., increments, or segments of any project) that is approved as payable by the agency pursuant to paragraph (b...

Tips for a physician in getting the right job, Part XXI: introduction to contract negotiations.

Science.gov (United States)

Harolds, Jay A

2015-04-01

Those physicians who have excellent job prospects, and preferably have more than one offer, may wish to try to negotiate better terms for their employment contract than was initially offered. However, any negotiation must be done in a friendly, polite, and professional manner. This article gives many tips regarding contract negotiations. However, the employment contract should be discussed with the job seeker's family and attorney before signing it.

Drilling contract issues

International Nuclear Information System (INIS)

Davison, G.B.; Worden, D.R.; Borbridge, G.K.D.

1997-01-01

Some selected issues which are facing both operators and contractors in drilling for oil and gas, such as the allocation of risk by contract and by statute and the implementation of new technologies, were discussed. There are three varieties of written drilling contracts used in Canada: (1) day work and meterage contracts, (2) master drilling agreements, and (3) contracts that are used in construction projects that do not specifically relate to drilling. Issues relevant to the contractual allocation of risk, to implementing new drilling technologies, to reconciling contract and statute liability, and the formation of strategic alliances for mutual benefit, and the factors contributing to the success of such alliances were explored. 12 refs

Study on the contract characteristics of Internet architecture

Science.gov (United States)

Fu, Chuan; Zhang, Guoqing; Yang, Jing; Liu, Xiaona

2011-11-01

The importance of Internet architecture goes beyond the technical aspects. The architecture of Internet has a profound influence on the Internet-based economy in term of how the profits are shared by different market participants (Internet Server Provider, Internet Content Provider), since it is the physical foundation upon which the profit-sharing contracts are derived. In order to facilitate the continuing growth of the Internet, it is necessary to systematically study factors that curtail the Internet-based economy including the existing Internet architecture. In this paper, we used transaction cost economics and contract economics as new tools to analyse the contracts derived from the current Internet architecture. This study sheds light on how the macro characteristics of Internet architecture effect the microeconomical decisions of market participants. Based on the existing Internet architecture, we discuss the possibility of promoting Internet-based economy by encouraging user to connect their private stub network to the Internet and giving the user more right of self-governing.

Valuing Interest Rate Swap Contracts in Uncertain Financial Market

Directory of Open Access Journals (Sweden)

Chen Xiao

2016-11-01

Full Text Available Swap is a financial contract between two counterparties who agree to exchange one cash flow stream for another, according to some predetermined rules. When the cash flows are fixed rate interest and floating rate interest, the swap is called an interest rate swap. This paper investigates two valuation models of the interest rate swap contracts in the uncertain financial market. The new models are based on belief degrees, and require relatively less historical data compared to the traditional probability models. The first valuation model is designed for a mean-reversion term structure, while the second is designed for a term structure with hump effect. Explicit solutions are developed by using the Yao–Chen formula. Moreover, a numerical method is designed to calculate the value of the interest rate swap alternatively. Finally, two examples are given to show their applications and comparisons.

Performance-based contracting for maintaining transportation assets with emphasis on bridges

Directory of Open Access Journals (Sweden)

Alsharqawi Mohammed

2017-01-01

Full Text Available With a large number of aging transportation infrastructure assets in North America and the growing problem of deterioration across the globe, managing these assets have been the subject of ongoing research. There is an overwhelming amount of maintenance and rehabilitation works to be done and selecting a suitable maintenance, repair or replacement (MRR strategy is one of the most challenging tasks for decision makers. Limited budget and resources are even making the decision making process more challenging. Maintaining infrastructure to the highest possible condition while investing the minimal amount of money has promoted innovative contracting approaches. Transportation agencies have increased private sector involvement through long term performance-based maintenance contracts or what is called Performance-Based Contracting. PBC is a type of contract that pays a contractor based on the results achieved, not on the methods for performing the maintenance work. By looking into the literature, it is observed that agencies are expanding the amount of contracting they do in order to maintain and achieve a better standard of infrastructure facilities. Therefore, the objective of this paper is to study and review performance-based contracting for transportation infrastructure with emphasis on bridge assets.

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

Debt burden of the Kingdom of Yugoslavia at times of great depression

Directory of Open Access Journals (Sweden)

Gnjatović Dragana

2016-01-01

Full Text Available It is customary to look for the causes of widespread problems of public debt service at times of the Great Depression on the side of a sharp drop of foreign exchange earnings of the debtor country, in conditions of severe contraction of international trade and the introduction of a series of foreign trade restrictions. In the case of the Kingdom of Yugoslavia, in addition to these causes, which were generated by the Great Depression, there were some specific reasons on the side of public expenditures that were not related to the crisis, which led the country to sovereign debt default in 1932. Analysing these reasons is the subject matter of this paper. The aim of this paper is to indicate, on the basis of relevant macroeconomic indicators and economic-historical facts, how much the Kingdom of Yugoslavia was indebted and why it was not possible to avoid the accumulation of public debt in the years of Great Depression.

Teaching about Contracts.

Science.gov (United States)

Froman, Michael; Kosnoff, Kathy

1978-01-01

Presents teaching strategies for introducing high school students to contract law. Offers as a case study a contract agreement between pro football players and team owners. Stresses basic elements of contracts (offer, acceptance, consideration, and understanding the bargaining process). Journal available from the American Bar Association, 1155…

The effects of hospitals' governance on optimal contracts: bargaining vs. contracting.

Science.gov (United States)

Galizzi, Matteo M; Miraldo, Marisa

2011-03-01

We propose a two-stage model to study the impact of different hospitals' governance frameworks on the optimal contracts designed by third-party payers when patients' disease severity is the private information of the hospital. In the second stage, doctors and managers interact within either a bargaining or a contracting scenario. In the contracting scenario, managers offer a contract that determines the payment to doctors, and doctors decide how many patients to treat. In the bargaining scenario, doctors and managers strategically negotiate on both the payment to doctors and the number of patients to treat. We derive the equilibrium doctors' payments and number of treated patients under both scenarios. We then derive the optimal contract offered by the government to the hospital in the first stage. Results show that when the cost of capital is sufficiently low, the informational rent is lower, and the social welfare is higher, in the contracting scenario. Copyright © 2010 Elsevier B.V. All rights reserved.

Long-term effects of wildfire on greater sage-grouse - integrating population and ecosystem concepts for management in the Great Basin

Science.gov (United States)

Coates, Peter S.; Ricca, Mark A.; Prochazka, Brian G.; Doherty, Kevin E.; Brooks, Matthew L.; Casazza, Michael L.

2015-09-10

Greater sage-grouse (Centrocercus urophasianus; hereinafter, sage-grouse) are a sagebrush obligate species that has declined concomitantly with the loss and fragmentation of sagebrush ecosystems across most of its geographical range. The species currently is listed as a candidate for federal protection under the Endangered Species Act (ESA). Increasing wildfire frequency and changing climate frequently are identified as two environmental drivers that contribute to the decline of sage-grouse populations, yet few studies have rigorously quantified their effects on sage-grouse populations across broad spatial scales and long time periods. To help inform a threat assessment within the Great Basin for listing sage-grouse in 2015 under the ESA, we conducted an extensive analysis of wildfire and climatic effects on sage-grouse population growth derived from 30 years of lek-count data collected across the hydrographic Great Basin of Western North America. Annual (1984–2013) patterns of wildfire were derived from an extensive dataset of remotely sensed 30-meter imagery and precipitation derived from locally downscaled spatially explicit data. In the sagebrush ecosystem, underlying soil conditions also contribute strongly to variation in resilience to disturbance and resistance to plant community changes (R&R). Thus, we developed predictions from models of post-wildfire recovery and chronic effects of wildfire based on three spatially explicit R&R classes derived from soil moisture and temperature regimes. We found evidence of an interaction between the effects of wildfire (chronically affected burned area within 5 kilometers of a lek) and climatic conditions (spring through fall precipitation) after accounting for a consistent density-dependent effect. Specifically, burned areas near leks nullifies population growth that normally follows years with relatively high precipitation. In models, this effect results in long-term population declines for sage-grouse despite cyclic

The Great Depression and the Great Recession: A Comparative Analysis of their Analogies

Directory of Open Access Journals (Sweden)

Cristina Peicuti

2014-06-01

Full Text Available The decades preceding the Great Depression and the U.S. subprime mortgage crisis have close similarities. Both decades were characterized by rapid growth without major contractions, by an increase in liquidity, a lack of inflation, and a generalized decrease in risk premiums. Additional similarities included significant changes in the financing of real estate by commercial banks along with a consolidation of the banking sector and high hopes that the efficiency of monetary policy would prevent financial crises. These decades were also characterized by the consolidation of the powers of young central banks (the Federal Reserve System in the 1920s and the European Central Bank in the 2000s, by unsuccessful attempts to control market speculation, by their international dimensions, and by the eruption of crises after the failure of a major American financial institution that could have been avoided. Understanding these analogies help us better identify the causes of the subprime mortgage crisis and prevent history from repeating itself to the extentof such large-scale devastating consequences.

The resurgence of selective contracting restrictions.

Science.gov (United States)

Marsteller, J A; Bovbjerg, R R; Nichols, L M; Verrilli, D K

1997-10-01

As managed care has spread, so has legislation to force plans to contract with any willing provider (AWP) and give patients freedom of choice (FOC). Managed care organizations' selective networks and provider integration reduce patient access to providers, along with provider access to paying patients, so many providers have lobbied for AWP-FOC laws. In opposition are managed care organizations (MCOs), which want full freedom to contract selectively to control prices and utilization. This article comprehensively describes laws in all fifty-one jurisdictions, classifies their relative strength, and assesses the implications of the laws. Most are relatively weak forms and all are limited in application by ERISA and the federal HMO Act. The article also uses an associative multivariate analysis to relate the selective contracting environments to HMO penetration rates, rural population, physician density, and other variables. States with weak laws also have higher HMO penetration and higher physician density, but smaller rural populations. We conclude that the strongest laws overly restrict the management of care, to the likely detriment of cost control. But where market power is rapidly concentrating, not restricting selective contracting could diminish long-term competition and patient access to care. In the face of uncertainty about the impact of these laws, an intermediate approach may be better than all or nothing. States should consider mandating that plans offer point-of-service options, for a separate premium. This option expands patient choice of plans at the time of enrollment and of providers at the time of care, yet maintains plans' ability to control core providers.

A Novel Approach for Evaluating the Contraction of Hypo-Peritectic Steels during Initial Solidification by Surface Roughness

Directory of Open Access Journals (Sweden)

Junli Guo

2018-04-01

Full Text Available The contraction of peritectic steels in the initial solidification has an important influence on the formation of surface defects of continuously cast slabs. In order to understand the contraction behavior of the initial solidification of steels in the mold, the solidification process and surface roughness in a commercial hypo-peritectic and several non-peritectic steels were investigated using Confocal Scanning Laser Microscope (CSLM. The massive transformation of delta-Fe (δ to austenite (γ was documented in the hypo-peritectic steel, which caused surface wrinkles and greatly increases the surface roughness of samples in the experiments. Surface roughness (Ra(δ→γ was calculated to evaluate the contraction level of the hypo-peritectic steel due to δ–γ transformation. The result shows that the surface roughness method can facilitate the estimation of the contraction level of peritectic transformation over a wide range of cooling rates.

Optimizing multiple reliable forward contracts for reservoir allocation using multitime scale streamflow forecasts

Science.gov (United States)

Lu, Mengqian; Lall, Upmanu; Robertson, Andrew W.; Cook, Edward

2017-03-01

Streamflow forecasts at multiple time scales provide a new opportunity for reservoir management to address competing objectives. Market instruments such as forward contracts with specified reliability are considered as a tool that may help address the perceived risk associated with the use of such forecasts in lieu of traditional operation and allocation strategies. A water allocation process that enables multiple contracts for water supply and hydropower production with different durations, while maintaining a prescribed level of flood risk reduction, is presented. The allocation process is supported by an optimization model that considers multitime scale ensemble forecasts of monthly streamflow and flood volume over the upcoming season and year, the desired reliability and pricing of proposed contracts for hydropower and water supply. It solves for the size of contracts at each reliability level that can be allocated for each future period, while meeting target end of period reservoir storage with a prescribed reliability. The contracts may be insurable, given that their reliability is verified through retrospective modeling. The process can allow reservoir operators to overcome their concerns as to the appropriate skill of probabilistic forecasts, while providing water users with short-term and long-term guarantees as to how much water or energy they may be allocated. An application of the optimization model to the Bhakra Dam, India, provides an illustration of the process. The issues of forecast skill and contract performance are examined. A field engagement of the idea is useful to develop a real-world perspective and needs a suitable institutional environment.

Negotiating Efficient PPP Contracts

DEFF Research Database (Denmark)

Tvarnø, Christina D.

. An opportunity the member states should consider using when procuring a PPP. This paper looks at the negotiation and contracting of a PPP in an economic theoretical and EU public procurement perspective and discusses how to establish an efficient PPP contract under a strong public law doctrine. Governments......This paper concerns Public Private Partnership (PPP) contracts in concern to the coming new 2014/24IEU public procurement directive. The new EU public procurement directive gives the public authority the opportunity to negotiate PPPs much more when they are implemented in national law...... procurement law. Furthermore, the paper seeks to establish a connection between public law, private law and the efficient PPP contract by drawing upon economic theory and empirical contract data from UK, US and Danish partnering contracts from the construction industry and the aim of contracting joint utility...

Deliberating A Contract Type Based Risk Mitigation Strategy For South African Defense Acquisitions

Science.gov (United States)

2016-06-01

cash flow may lead to cost overruns and schedule slippage. Table 1 shows the description, schedule and cost performance status for two SA DOD...possibility of applying a contract-type based strategy to manage acquisition program costs and schedule risks for the South African (SA) Department of...deviations between technical, cost and schedule performance. 14. SUBJECT TERMS acquisition process, defense acquisition, contract-type, risk

48 CFR 47.304 - Determination of delivery terms.

Science.gov (United States)

2010-10-01

... 48 Federal Acquisition Regulations System 1 2010-10-01 2010-10-01 false Determination of delivery terms. 47.304 Section 47.304 Federal Acquisition Regulations System FEDERAL ACQUISITION REGULATION CONTRACT MANAGEMENT TRANSPORTATION Transportation in Supply Contracts 47.304 Determination of delivery...

Take-or-pay contract robustness: A three step story told by the Brazil-Bolivia gas case?

International Nuclear Information System (INIS)

Glachant, Jean-Michel; Hallack, Michelle

2009-01-01

Neo-institutional economics (NEI) has long shown that take-or-pay (ToP) long-term contracts provide a robust framework for safeguarding the interests of both upstream and downstream parties in the gas industry. The case of gas trade between Brazil and Bolivia presents an opportunity to re-examine empirically and to review the robust nature of the ToP framework over time. This case reveals that the positions of the contractors actually change giving rise to a veritable lifecycle of the contractual arrangement. Such a contract can be seen to span three successive phases. The first phase of the contract cycle begins when it is signed; allowing the investments to begin. The second phase starts when investments have been completed and the actual trade in gas begins. The third phase of the contract cycle comes when the increasing flow of gas comes close to saturating capacity and the volume levels for downstream market volume have been reached. These three contract phases are thus distinguished by how robust the alignment of the parties' interests is. The added value of the paper is then both empirical and analytical: the case study provides a brand new lifecycle analysis of the performance of ToP long-term contracting into an NEI framework

Child Poverty and the Great Recession in the United States

OpenAIRE

Marianne Bitler; Hilary Hoynes; Elira Kuka

2014-01-01

In the midst of the Great Recession, median real household income fell from $61,597 in 2007 to $57,025 in 2010 and $51,007 in 2012. Given that the effects of the Great Recession on unemployment were greater for less skilled workers the authors expect the effects of the Great Recession on household incomes to be larger in relative terms for individuals in the lower end of the income distribution. To explore this issue, in this paper, they comprehensively examine the effects of the Great Recess...

Academic Performance and the Great Recession

OpenAIRE

Adamopoulou, Effrosyni; Tanzi, Giulia M.

2014-01-01

In this paper we study how the Great Recession affected university students in terms of performance, with a special focus on the dropout probability. To do so, we use individual-level data on a representative sample of university students in Italy in 2007 and 2011. We measure the severity of the recession in terms of increases in adult and youth unemployment rate and we exploit geographical variation to achieve identification. On the one hand, an increase in adult male unemployment rate deter...

Experiments on supply chain contracting: effects of contract type and fairness concerns

OpenAIRE

Arabacı, Özge; Arabaci, Ozge

2013-01-01

In this thesis, we conduct experiments with human decision makers on supply chain contracting. We consider a simple manufacturer-retailer supply chain scenario where the retailer faces the newsvendor problem. Building on Sahin and Kaya (2011), we compare the experimental performance of three contract types (wholesale price, buyback and revenue sharing contracts) between the firms with theoretical predictions, and among each other. We are interested in the manufacturer’s contract parameter dec...

LEGAL PRINCIPLES IN FUNCTION AND PERFORMANCE OF BOT CONTRACT

Directory of Open Access Journals (Sweden)

Reifon Cristabella Eventia

2017-09-01

Full Text Available Build, Operate and Transfer (BOT represents a long term partnership of the government and private sector. In BOT project, either the government or a private sector identifies a need for a development project. The philosophy in BOT contract begins from the increasing infrastructural needs in all areas and with a limited budget, government are required to commit the duties and functions state governance so that the concept of BOT give a solution through a partnership with the private sector. The government then gives a concession to the private sector to build the project and operate it for a fixed period years, after the period ended, the building shall be transferred to the government. Through BOT, the country is able to gain asset without government spending while maintaining a measure of regulatory control over the project. BOT permits the government to use private sector fund to finance public infrastructure development. The main issues elaborated in this article are the legal principle in the formation of BOT contract and the legal principle in the performance of BOT contract. There are two results; firstly, in the formation of a BOT contract, the principles of partnership and the principle of transparency should be emphasized. Secondly, in performance of the BOT contract, the principle of risk management and the principle of proportionality should be clearly stated in the rules and legal norms.

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

Directory of Open Access Journals (Sweden)

Joel Watson

2013-08-01

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

Defense Contract Management: DOD's Lack of Adherence to Key Contracting Principles on Iraq Oil Contract Put Government Interests at Risk

National Research Council Canada - National Science Library

Hutton, John P; Ahearn, Marie; Augustine, Penny B; Campbell, Greg; James, Jr., Arthur; Lesonsky, Eric; Lord, Stephen; McDonough-Hughes, Anne; McKelvey, Janet; Patton, Kenneth

2007-01-01

.... The contract was also used to ensure adequate fuel supplies inside Iraq. RIO I was a cost-plus-award-fee type contract that provided for payment of the contractor's costs, a fixed fee determined at inception of the contract, and a potential award fee...

The Collapse of the United States Banking System During the Great Depression, 1929 to 1933. New Archival Evidence

Directory of Open Access Journals (Sweden)

Gary Richardson

2007-03-01

Full Text Available During the Great Depression, one third of all banks in the United States failed. Scholarsdispute reason for their demise. This essay analyzes new evidence on the sources of bankdistress. The data demonstrates that contagion via correspondent networks and bank runspropagated the initial banking panics in the fall of 1930. As the depression deepened and assetvalues declined, insolvency loomed as the principal threat to depository institutions. Thesepatterns corroborate some and question other conjectures concerning the causes andconsequences of the financial crisis during the Great Contraction.

Contracting and building renovation - does it work together?

Energy Technology Data Exchange (ETDEWEB)

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

2007-07-01

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

Financing the energy renovation of public buildings through Internal Contracting. Infinite Solutions Guidebook

International Nuclear Information System (INIS)

Schilken, Peter; Turner, Ian; Kuehnbach, Matthias; Simic, Ivan; Kuharic, Boris; Laranjeira, Celia; Rodrigues, Carlos; Couceiro, Carla; Presotto, Agnese; Mazzeschi, Alessandro; Cleto, Joao

2017-02-01

Meeting the European energy and climate policy objectives will require the mobilisation of substantial energy efficiency and renewable energy investments at the local level. Given both the substantial effort necessary to finance the energy transition and restricted municipal budgets, it is clear that these objectives cannot be met through traditional public financing such as grants or direct investment, but by finding a new approach to financing solutions. This Energy Cities guidebook is built upon a comprehensive analysis of Stuttgart's Internal Contracting scheme and a detailed questioning of it by the learning authorities within the INFINITE Solutions project. It is intended to offer guidelines to municipalities as well as universities, hospitals or other institutions interested in applying Internal Contracting to improve their energy consumption and efficiency performance. The approach of this guidebook is developed as follows: The concept of contracting - especially Internal Contracting - is introduced. Universal guidance is offered on how to implement an Internal Contracting scheme and keep it working over the long term. The Internal Contracting scheme is presented in practice. Several cities describe their individual approaches to Internal Contracting and the various ways they have been able to adapt the scheme

How Law and Institutions Shape Financial Contracts: The Case of Bank Loans

OpenAIRE

Jun Qian; Philip E. Strahan

2005-01-01

We examine empirically how legal origin, creditor rights, property rights, legal formalism, and financial development affect the design of price and non-price terms of bank loans in almost 60 countries. Our results support the law and finance view that private contracts reflect differences in legal protection of creditors and the enforcement of contracts. Loans made to borrowers in countries where creditors can seize collateral in case of default are more likely to be secured, have longer mat...

Uranium enrichment conference on modified contract option, Oak Ridge, Tennessee, July 22, 1975

International Nuclear Information System (INIS)

1975-01-01

The questions and answers presented in this document originated at an industry-wide meeting sponsored by the Energy Research and Development Administration held in Oak Ridge, Tennessee, on July 22, 1975, to discuss features and provisions of an ERDA plan to adjust contracts held by firms receiving uranium enriching services from ERDA. On June 19, 1975, ERDA announced terms of an expanded contract modification plan. The modified contract option broadened a previous plan proposed on January 15, 1975, by the former Atomic Energy Commission. The meeting in Oak Ridge on July 22, 1975, was designed to provide additional information on the expanded contract option and to offer ample opportunity for questions and answers prior to August 18, 1975, by which time enriching services customers who chose the one-time option had to so notify ERDA. The meeting included presentations by officials of ERDA Headquarters and ERDA's Oak Ridge Operations on the features of the contract adjustment offer, including provisions for contract termination in whole, separative work schedule adjustments, and uranium feed delivery schedule relaxation. (auth)

Contract market power and its impact on the efficiency of the electricity sector

International Nuclear Information System (INIS)

Serra, Pablo

2013-01-01

This paper analyzes the pro-competitive effects of financial long-term contracts in oligopolistic electricity markets. This is done in a model that incorporates the main features of the industry: non-storable production, time-varying price-elastic demand, and sequential investment and production decisions. The paper considers contracts for difference that have as reference price the average spot price. Assuming that the spot market coordinator sets competitive prices, the paper shows that installed capacity increases with the quantity of energy contracted, reaching the welfare-maximizing capacity when energy contracted equals this same level. Next, the paper studies the case where the quantity of energy contracted is endogenous and contracts are traded before capacity decisions are taken. Regarding purchasers of contracts, two polar cases are considered: either they are price-taker speculators or they are an aggregation of consumers that auctions a long (buy) contract for a given energy quantity. In the former case the strike price equals the reference price, i.e., arbitrage is perfect, and the quantity of energy contracted falls short of the efficient level. In turn, in the latter case, the strike price equals the average efficient spot price. Moreover, an aggregation of all consumers would choose to auction the social optimum quantity. - Highlights: • The paper analyzes the pro-competitive impact of contracts for difference. • The reference price of contracts is the average spot price. • Installed capacity increases with total quantity of energy contracted. • Social welfare is maximized when energy contracted equals the efficient capacity. • An aggregation of all consumers would choose to auction the efficient quantity

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)

Intramuscular fatty acid metabolism in contracting and non-contracting human skeletal muscle

DEFF Research Database (Denmark)

Sacchetti, M; Saltin, B; Osada, T

2002-01-01

The present study was undertaken to investigate the fate of blood-borne non-esterified fatty acids (NEFA) entering contracting and non-contracting knee extensor muscles of healthy young individuals. [U-(13)C]-palmitate was infused into a forearm vein during 5 h of one-legged knee extensor exercis...... and degraded and that the metabolic fate of plasma NEFA entering the muscle is influenced by muscle contraction, so that a higher proportion is directed towards oxidation at the expense of storage in mTAG.......The present study was undertaken to investigate the fate of blood-borne non-esterified fatty acids (NEFA) entering contracting and non-contracting knee extensor muscles of healthy young individuals. [U-(13)C]-palmitate was infused into a forearm vein during 5 h of one-legged knee extensor exercise.......05) in the contracting muscle, whereas it was unchanged in the non-contracting muscle. The uptake of plasma NEFA, as well as the proportion directed towards oxidation, was higher in the exercising compared to the non-exercising leg, whereas the rate of palmitate incorporation into mTAG was fourfold lower (0.70 +/- 0...

48 CFR 937.7040 - Contract clauses.

Science.gov (United States)

2010-10-01

... 48 Federal Acquisition Regulations System 5 2010-10-01 2010-10-01 false Contract clauses. 937.7040... CONTRACTING SERVICE CONTRACTING Protective Services Contracting 937.7040 Contract clauses. The contracting... services” in all protective services solicitations and contracts involving DOE-owned facilities requiring...

MEDIATION CLAUSE IN COMMERCIAL CONTRACTS (THE ADVANTAGES OF MEDIATION CLAUSE IN COMMERCIAL CONTRACTS

Directory of Open Access Journals (Sweden)

Claudiu Florinel Augustin Ignat

2013-11-01

Full Text Available It often happens that the end of the contracts to be existing commercial relationships and a new contract has already intuitu personae character. But not always the case, that those who enter into legal commercial forcing consideration to the benefits and under commercial contracts, know the dealer or individual that established commercial relations. These traders resort to contractual conditions which states precisely the extent of the obligations assumed by each party, setting rules, deadlines, penalties and even ways of interpretation of contracts. Contracting Parties, namely traders aware that the law is the contract parties by special caluze invest ( to settle disputes concerning the interpretation or punishment for failure and even termination obligations tribunalule arbitration courts or the territorial and material .

Essays on incomplete contracts in regulatory activities

Science.gov (United States)

Saavedra, Eduardo Humberto

This dissertation consists of three essays. The first essay, The Hold-Up Problem in Public Infrastructure Franchising, characterizes the equilibria of the investment decisions in public infrastructure franchising under incomplete contracting and ex-post renegotiation. The parties (government and a firm) are unable to credibly commit to the contracted investment plan, so that a second step investment is renegotiated by the parties at the revision stage. As expected, the possibility of renegotiation affects initial non-verifiable investments. The main conclusion of this essay is that not only underinvestment but also overinvestment in infrastructure may arise in equilibrium, compared to the complete contracting case. The second essay, Alternative Institutional Arrangements in Network Utilities: An Incomplete Contracting Approach, presents a theoretical assessment of the efficiency implications of privatizing natural monopolies which are vertically related to potential competitive firms. Based on the incomplete contracts and asymmetric information paradigm. I develop a model that analyzes the relative advantages of different institutional arrangements---alternative ownership and market structures in the industry--- in terms of their allocative and productive efficiencies. The main policy conclusion of this essay is that both ownership and the existence of conglomerates in network industries matter. Among other conclusions, this essay provides an economic rationale for a mixed economy in which the network is public and vertical separation of the industry when the natural monopoly is under private ownership. The last essay, Opportunistic Behavior and Legal Disputes in the Chilean Electricity Sector, analyzes post-contractual disputes in this newly privatized industry. It discusses the presumption that opportunistic behavior and disputes arise due to inadequate market design, ambiguous regulation, and institutional weaknesses. This chapter also assesses the presumption

Good Faith in Life Insurance Contract by Indonesian Court

Directory of Open Access Journals (Sweden)

Mokhamad Khoirul Huda

2017-03-01

Full Text Available This paper reviews both the interpretation of good faith and its implementation by the Court in terms of life insurance contracts. The principle of good faith in life insurance contracts was under the provision of the Article 251 Wet Boek van Kophandel which assigned the obligation of good faith on the insured. Based on the context of its historical and systematical interpretation, the obligation of good faith should be on both sides, the insurer and the insured. The insured had an obligation to inform any material facts and the insurer had to investigate those all facts. Until recent days, however, judges in all levels of Court did not have any shared and full understanding on the interpretation of good faith in life insurance contracts. As the result, many Courts were frequently inconsistent with each other. Hence, the sense of fairness the people perceived from the court verdict was not achieved.

Long term warranty and after sales service concept, policies and cost models

CERN Document Server

Rahman, Anisur

2015-01-01

This volume presents concepts, policies and cost models for various long-term warranty and maintenance contracts. It offers several numerical examples for estimating costs to both the manufacturer and consumer. Long-term warranties and maintenance contracts are becoming increasingly popular, as these types of aftersales services provide assurance to consumers that they can enjoy long, reliable service, and protect them from defects and the potentially high costs of repairs. Studying long-term warranty and service contracts is important to manufacturers and consumers alike, as offering long-term warranty and maintenance contracts produce additional costs for manufacturers / service providers over the product’s service life. These costs must be factored into the price, or the manufacturer / dealer will incur losses instead of making a profit. On the other hand, the buyer / consumer needs to weigh the cost of maintaining it over its service life and to decide whether or not these policies are worth purchasing....

Institutional Response of Contract Farming: Its Implications on the ...

African Journals Online (AJOL)

The term contract as applied includes both written and oral agreements between commercial buyers and farmers. This paper does not take into account the operations of marketing parastatals and legal monopolies that do not operate on commercial basis. This is deliberately done to maintain the main thrust of neoclassical ...

Analisys of IT outsourcing contracts at the TCU (Federal Court of Accounts and of the legislation that governs these contracts in the Brazilian Federal Public administration

Directory of Open Access Journals (Sweden)

Graziela Ferreira Guarda

2015-09-01

Full Text Available Information technology (IT outsourcing has for a long time been a major trend in business and government. Accountability of IT outsourcing contracts in the public administration is recognized as an important factor contributing to government transparency and public services quality, given the legislation governing these contracts and the amount of related expenditures. Considering the trend towards open government data publishing, including data on outsourcing contracts, there is an interesting opportunity for citizens to participate in the open auditing of these contracts as a means to assess the good application of public resources. In this study we explore this possibility by analyzing open data published by the Brazilian Federal Court of Accounts (TCU is its acronym in Portuguese, an interesting case since this agency has a paramount role in auditing the whole Brazilian Federal Public Administration. To this end, we gathered open data from the TCU regarding all outsourced IT services contracts maintained by the agency during the years 2000-2013. This data is analyzed to verify, from an external point of view, the related duration and values, identifying diferences between the predicted and actual amounts spent and evaluating the administration of such contracts regarding legislation. This analysis is based on a detailed survey of the relevant legislation as well as the verification of original contract terms and their addendums. As a result, we observed substantial differences in the amount spent on execution with respect to those predicted in the original contracts. Also, we identified the utilization of special justifications prescribed by law to sustain the extension of some contracts. Given these results, it is possible that IT outsourcing is not necessarily proved to be the best solution for the public sector problems regarding the lack of skilled personnel, which implies the need to assess the cost-benefit of maintaining these

43 CFR 27.5 - Equal opportunity terms.

Science.gov (United States)

2010-10-01

... contract will not exceed $10,000). (2) Recipient will make every good faith effort to secure the compliance... Public Law 93-153. (iv) Contractor's noncompliance with the nondiscrimination clauses of this contract or... UNDER TITLE II OF PUBLIC LAW 93-153 § 27.5 Equal opportunity terms. Each permit, right-of-way, public...

48 CFR 252.227-7005 - License term.

Science.gov (United States)

2010-10-01

... 48 Federal Acquisition Regulations System 3 2010-10-01 2010-10-01 false License term. 252.227-7005..., DEPARTMENT OF DEFENSE CLAUSES AND FORMS SOLICITATION PROVISIONS AND CONTRACT CLAUSES Text of Provisions And... referred to in the “License Grant” clause of this contract and any and all patents hereafter issued on...

THE PSYCHOLOGICAL CONTRACT

Directory of Open Access Journals (Sweden)

Blanca Giorgiana GRAMA

2015-04-01

Full Text Available The psychological contract became known as a research paradigm within corporate research, providing a broad framework which explains the employee-company relations. Despite all this, there are still many debates on the concept and a series of criticism were expressed that led to the necessity of some more rigorous theoretical and empirical analysis. The psychological contract refers to the unwritten, implicit expectations that employees have from the company and vice versa; it is that which defines the things the employee expects from the employer. Consequently, each of the parties involved in the contract may have different perceptions on these commitments and obligations. Thus the psychological contract may be regarded as an exchange relation between the employer and the employee. Breaking the psychological contract affects the performance, the morale, and the motivation of the staff in a negative manner. The information presented in this paper is intended to contribute to the theoretical and methodological development of the concept.

Financial Management: Reopening of Contracts in the Mechanization of Contract Administration Services System

National Research Council Canada - National Science Library

Granetto, Paul

2003-01-01

.... In anticipation of transitioning to the new contract payment system, the Defense Finance and Accounting Service and the Defense Contract Management Agency were attempting to close out as many contracts as possible...

Concept of contracting authority

OpenAIRE

Kasiliauskaitė, Vitalija

2016-01-01

Concept of Contracting Authority Law on Public Procurement the procurement concept implies the conclusion that public procurement be declared only such purchases are carried out by the contracting authority. The contracting authorities can be a subject of state and municipal management institutes, whose assignment authority is determined by a functional approach. Also, contracting authorities may be public and legal entities, but that the public interest and operates non-commercial activities...

International contracts within the business of MSMEs

Directory of Open Access Journals (Sweden)

Martha Cecilia López Fonseca

2012-07-01

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

Options contracts in the nuclear fuel industry

International Nuclear Information System (INIS)

Fuller, D.M.

1995-01-01

This article discusses options trading in the nuclear fuels industry. Although there now exists no formal options market in the nuclear industry, flexibilities, or embedded options, are actually quite common in the long-term supply contracts. The value of these flexibilities can be estimated by applying the methods used to evaluate options. The method used is the Black-Scholes Model, and it is applied to a number of examples

Bôcher and Abstract Contractions of 2nd Order Quadratic Algebras

Science.gov (United States)

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

2017-03-01

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

Service quality in contracted facilities.

Science.gov (United States)

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

2015-01-01

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

Industrial Services Contracts

CERN Document Server

2006-01-01

This document gives an overview of Industrial Services contracts at CERN, including the probable expenditure in 2006 and the estimated expenditure for 2007. The Finance Committee is invited: - to take note of the revised amount in 2006 for Industrial Services contracts referred to in this document of 138.02 MCHF at 2006 prices compared to the previously anticipated amount of 122.67 MCHF at 2005 prices; - to take note that the estimated amount in 2007 for the contracts referred to in this document will be 112.54 MCHF at 2006 prices; - for the reasons set out in this document, the Finance Committee is also invited to approve the requests for the contracts presented and highlighted in the Annexes.

An Estimating Method of Contractile State Changes Come From Continuous Isometric Contraction of Skeletal Muscle

Energy Technology Data Exchange (ETDEWEB)

Park, H.J.; Lee, S.J. [Wonkwang University, Iksan (Korea)

2003-01-01

In this study was proposed that a new estimating method for investigation of contractile state changes which generated from continuous isometric contraction of skeletal muscle. The physiological changes (EMG, ECG) and the psychological changes by CNS(central nervous system) were measured by experiments, while the muscle of subjects contracted continuously with isometric contraction in constant load. The psychological changes were represented as three-step-change named 'fatigue', 'pain' and 'sick(greatly pain)' from oral test, and the method which compared physiological change with psychological change on basis of these three steps was developed. The result of analyzing the physiological signals, EMG and ECG signal changes were observed at the vicinity of judging point in time of psychological changes. Namely, it is supposed that contractile states have three kind of states pattern (stable, fatigue, pain) instead of two states (stable, fatigue). (author). 24 refs., 7 figs.

40 CFR Appendix A to Part 33 - Term and Condition

Science.gov (United States)

2010-07-01

... contractor to carry out these requirements is a material breach of this contract which may result in the.... 33, App. A Appendix A to Part 33—Term and Condition Each procurement contract signed by an EPA... this contract. The contractor shall carry out applicable requirements of 40 CFR part 33 in the award...

77 FR 194 - Federal Acquisition Regulation; Time-and-Materials and Labor-Hour Contracts for Commercial Items

Science.gov (United States)

2012-01-03

..., or a cost-plus term. Otherwise, the respondent thinks contracting officers are likely to read the... target cost), or both. Unless otherwise specified in the contract, the ceiling price or target price is... not possible to accurately estimate the extent or duration of the work or anticipated costs with any...

Making contracting work better and cost less: Report of the Contract Reform Team

Energy Technology Data Exchange (ETDEWEB)

1994-02-01

In June 1993, Secretary of Energy Hazel O`Leary formed a Contract Reform Team, chaired by Deputy Secretary Bill White, to evaluate the contracting practices of the Department of Energy and to formulate specific proposals for improving those practices. This report summarizes the results of the work of the Contract Reform Team. It recommends actions for implementation that will significantly improve the Department`s contracting practices and will enable the Department to help create a government that -- in the words of Vice President Gore -- {open_quotes}works better and costs less.{close_quotes} These actions and the deadlines for their implementation are listed. Among other things, they recommend replacing the Department`s standard Management and Operating Contract with a new Performance-Based Management Contract and strengthening the Department`s systems for selecting and managing contractors.

Is there lattice contraction in multicomponent metal oxides? Case study for GdVO4:Eu3+ nanoparticles

Science.gov (United States)

Yang, Liusai; Li, Liping; Zhao, Minglei; Fu, Chaochao; Li, Guangshe

2013-08-01

Metal oxide nanomaterials have been found to have great potential for diverse applications due to their unique relationships between structure and properties. Lattice expansion as particle size reduces was previously considered to be general for metal oxide nanomaterials. It is now a great challenge to see if lattice contraction could be induced by the size effect for metal oxide nanomaterials. ABO4 metal oxides (e.g., CaWO4, GdVO4, and CdWO4) are some of the most important functional materials with many applications, while such oxides at the nanoscale are never reported to show a lattice contraction. This work presents a first report on the variation from lattice expansion to lattice contraction by tuning the microstructures of GdVO4:Eu3+ nanocrystals. A hydrothermal method was adopted to synthesize GdVO4:Eu3+ nanocrystals, and then these nanoparticles were calcined at 600 ° C in air. It is found that particle size reduction led to a lattice contraction for the calcined samples, which is in contrast to the lattice expansion observed for the hydrothermally synthesized counterparts or many other metal oxide nanomaterials. In addition, the lattice symmetry of the calcined samples remained almost a constant. The results indicate that the negative surface stress was eliminated by calcination treatment, leading to a homogeneous compression process in the lattice structure of the calcined GdVO4:Eu3+ nanocrystals. Furthermore, Eu3+ was taken as a structural probe and a luminescence center to study the local environments pertinent to these structural changes and to optimize the photoluminescence performance.

Contract Renewal Information - all Contracts

Data.gov (United States)

Department of Housing and Urban Development — Multifamily Portfolio datasets (section 8 contracts) - The information has been compiled from multiple data sources within FHA or its contractors. HUD oversees more...

10 CFR 905.31 - Term.

Science.gov (United States)

2010-01-01

... 10 Energy 4 2010-01-01 2010-01-01 false Term. 905.31 Section 905.31 Energy DEPARTMENT OF ENERGY ENERGY PLANNING AND MANAGEMENT PROGRAM Power Marketing Initiative § 905.31 Term. Western will extend resource commitments for 20 years from the date existing contracts expire to existing customers with long...

Employee contract issues for dermatologists.

Science.gov (United States)

Brown, Christopher E; Indest, George F

2013-12-01

Employees and employers routinely face negotiating and preparing physician employment contracts. It is important for both sides to know and understand the basic information on what a comprehensive employment contract for a dermatologist should contain. There are various employment contract provisions from both the employee's perspective and the employer's perspective that must be considered when preparing physician employment contracts. This article provides basic advice and recommendations on requirements that should be included in such contracts. It suggests legal pitfalls that can be avoided through various contract clauses.

The effects of residential real-time pricing contracts on transco loads, pricing, and profitability: Simulations using the N-ABLE trademark agent-based model

International Nuclear Information System (INIS)

Ehlen, Mark A.; Scholand, Andrew J.; Stamber, Kevin L.

2007-01-01

An agent-based model is constructed in which a demand aggregator sells both uniform-price and real-time price (RTP) contracts to households as means for adding price elasticity in residential power use sectors, particularly during peak-price hours of the day. Simulations suggest that RTP contracts help a demand aggregator (1) shift its long-term contracts toward off-peak hours, thereby reducing its cost of power and (2) increase its short-run profits if it is one of the first aggregators to have large numbers of RTP contracts; but (3) create susceptibilities to short-term market demand and price volatilities. (author)

Bonneville Purchasing Instructions. Appendix 14A, Contracting Officer`s Technical Representatives` Guide for Services Contracts.

Energy Technology Data Exchange (ETDEWEB)

United States. Bonneville Power Administration.

1993-07-01

This guide outlines the duties of BPA personnel designated as Contracting Officers Technical Representatives (COTRs). The BPA Administrator gives contracting officers (COs) in BPA responsibility and authority for awarding and administering contracts. COs are authorized to designate other BPA employees to act as their representatives for purposes of contract administration, from the time of contract award until final receipt and acceptance of the contracted services. COTRs are the individuals primarily relied upon to perform technical contract administration functions. Similar functions for supply and construction contracts are performed by engineering representatives, construction inspectors, and inspectors. Although this Guide is written primarily with the COTR in mind, the concept and operation of teamwork is essential throughout the entire process of contract administration. The CO administers the contract during performance, but rarely has expertise in all of the relevant technical areas. Therefore, CO decisions rely on input from a team. The COTR is an indispensable member of that team. The instructions in this Guide are designed to facilitate this essential CO-COTR cooperation. COTR duties are usually additional to those required of the COTR in his or her assigned line organization. The COTR is still accountable to the line supervisor for performance of regularly-assigned duties. These duties are to be reflected appropriately in performance appraisals and job descriptions. For contract administration duties, however, the COTR reports directly to, and is accountable only to, the CO. The COTR`s supervisor must allow sufficient time to ensure that the COTR can adequately monitor the contract for technical compliance. This Guide is designed for COTRs who are performing service contract (including intergovernmental contract) administration functions as an adjunct to their normal technical duties.

48 CFR 1316.406 - Contract clauses.

Science.gov (United States)

2010-10-01

... 48 Federal Acquisition Regulations System 5 2010-10-01 2010-10-01 false Contract clauses. 1316.406 Section 1316.406 Federal Acquisition Regulations System DEPARTMENT OF COMMERCE CONTRACTING METHODS AND CONTRACT TYPES TYPES OF CONTRACTS Incentive Contracts 1316.406 Contract clauses. Insert a clause...

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...

48 CFR 916.307 - Contract clauses.

Science.gov (United States)

2010-10-01

... 48 Federal Acquisition Regulations System 5 2010-10-01 2010-10-01 false Contract clauses. 916.307 Section 916.307 Federal Acquisition Regulations System DEPARTMENT OF ENERGY CONTRACTING METHODS AND CONTRACT TYPES TYPES OF CONTRACTS Cost-Reimbursement Contracts 916.307 Contract clauses. (g) Insert the...

48 CFR 935.071 - Contract clause.

Science.gov (United States)

2010-10-01

... 48 Federal Acquisition Regulations System 5 2010-10-01 2010-10-01 false Contract clause. 935.071... CONTRACTING RESEARCH AND DEVELOPMENT CONTRACTING 935.071 Contract clause. The contracting officer must insert the clause at 952.235-71, Research Misconduct, in contracts, including management and operating...

41 CFR 128-1.8002 - Definitions of terms.

Science.gov (United States)

2010-07-01

... 41 Public Contracts and Property Management 3 2010-07-01 2010-07-01 false Definitions of terms. 128-1.8002 Section 128-1.8002 Public Contracts and Property Management Federal Property Management Regulations System (Continued) DEPARTMENT OF JUSTICE 1-INTRODUCTION 1.80-Seismic Safety Program § 128-1.8002...

Habitat-use and range contraction of Swainson's Spurfowl at the ...

African Journals Online (AJOL)

The long-term effect of vegetation changes on the distribution of terrestrial gamebirds is poorly understood. This paper discusses the driving forces of range contraction and population decline of Swainson's Spurfowl Pternistis swainsonii in the 1 400 ha Krugersdorp Game Reserve. Spurfowl sighted, counted and recorded ...

3 CFR - Government Contracting

Science.gov (United States)

2010-01-01

... contract oversight could reduce such sums significantly. Government outsourcing for services also raises... a risk that taxpayer funds will be spent on contracts that are wasteful, inefficient, subject to... mission. In such cases, the agency must ensure that the risks associated with noncompetitive contracts are...

Work and minor work contracts

CERN Document Server

1999-01-01

The Work and Minor Work contracts are all of the result-oriented type. The work is specified by CERN and the contractor is given full responsibility for its performance. The contracts are thus very similar to supply contracts. The re-tendering of the existing contracts is almost complete, except for some building maintenance contracts. A new cycle of re-tendering for some activities will be launched in the next twelve months. The total estimated expenditure in the year 2000 for the contracts referred to in this document is 27 750 000 Swiss francs at 1999 prices. The Finance Committee is invited: - to approve the proposed expenditure for the extension of contracts for which the estimated amount for the year 2000 exceeds 750 000 Swiss francs, namely those under references 1, 2, 3, 5, 7, 8, 9 and 23, highlighted in Table I; - to take note that all Work and Minor Work contracts have been tendered since 1 January 1994, except the small contracts shown under references 12 and 16 in Table I; - to take note that the ...

Petroleum production contracts of the oil exporting developing countries with US petroleum companies, and US tax laws. Erdoelproduktions-Vertraege erdoelexportierender Entwicklungslaender mit US-Oelunternehmen und US-Steuerrecht

Energy Technology Data Exchange (ETDEWEB)

Mettenheimer, K.

1987-01-01

The publication deals with the US petroleum production contracts of the past three decades. It analyzes the different types of contracts ranging from franchises to the so-called non-risk service contract. Particular emphasis is on the influence of US tax laws on the terms and conditions of contract. Another point of discussion is the influence of US tax laws on the tax laws of the oil exporting developing countries. The conclusions drawn from the terms and conditions of contracts and the mutual influence of two tax systems aim at contributing to a system whose transnational investment decisions and contracts will not be influenced by fiscal consideration. (orig./HSCH).

Temporary labour contracts

CERN Document Server

2000-01-01

The five contracts for Temporary Labour assignments on the CERN site (L020/PE, L 021/PE, L 022/PE, L 023/PE and L 024/PE) approved by the Finance Committee in March 1996 (CERN/FC/3857) reached the end of their initial three-year contractual period at the end of December 1999. At CERN?s request, in September 1999 the Finance Committee approved an extension of these contracts for the year 2000 for a total amount not exceeding 6 000 000 Swiss francs (CERN/FC/4196). In December 1999, one of the five contractors, FIRCROFT, withdrew from its contract for 2000. Following the satisfactory execution of the four remaining contracts during 2000, CERN requests approval to extend them from January 2001 for the second of the two optional years provided for in the original adjudication. The Finance Committee is invited to approve the extension of the existing contracts until 31 December 2001 for a total amount not exceeding 6 000 000 Swiss francs at 2000 prices.

Networks and informal contract law

NARCIS (Netherlands)

Tjong Tjin Tai, Eric; Brownsword, Roger; van Gestel, Rob A.J.; Micklitz, Hans-W.

2017-01-01

It is often argued that formal contract law cannot treat networks correctly. An analysis of networks in an informal contract law system shows that informal contract law is no panacea. Remaining problems require a different approach to legal regulation and contract practice.

Characteristics of nuclear contracts. Pt. 1

International Nuclear Information System (INIS)

Blanchard, R.

1976-01-01

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

An Analysis of Army Contract Administration With Regard to Contracting Officers Representatives

Science.gov (United States)

2016-09-01

TO CONTRACTING OFFICER’S REPRESENTATIVES September 2016 By: Tanya V. Peel Angel R. Acevedo Advisors : Karen Landale Matthew Kremer...among contracting personnel and CORs requires improvement, staff levels need to be increased to support contract administration, managers nominate CORs...Landale, Lead Advisor Matthew Kremer, Support Advisor Brad Naegle Academic Associate Graduate School of Business and Public

Adding Concurrency to Smart Contracts

OpenAIRE

Dickerson, Thomas; Gazzillo, Paul; Herlihy, Maurice; Koskinen, Eric

2017-01-01

Modern cryptocurrency systems, such as Ethereum, permit complex financial transactions through scripts called smart contracts. These smart contracts are executed many, many times, always without real concurrency. First, all smart contracts are serially executed by miners before appending them to the blockchain. Later, those contracts are serially re-executed by validators to verify that the smart contracts were executed correctly by miners. Serial execution limits system throughput and fails ...

48 CFR 732.111 - Contract clauses.

Science.gov (United States)

2010-10-01

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

ENFORCEMENT OF MORTGAGE CONTRACT

Directory of Open Access Journals (Sweden)

Alisa A. BELU

2016-07-01

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

The Great Recession was not so Great

NARCIS (Netherlands)

van Ours, J.C.

2015-01-01

The Great Recession is characterized by a GDP-decline that was unprecedented in the past decades. This paper discusses the implications of the Great Recession analyzing labor market data from 20 OECD countries. Comparing the Great Recession with the 1980s recession it is concluded that there is a

Smart contracts sobre Bitcoin

OpenAIRE

Andreu Alemany, Josep Miquel

2016-01-01

El present treball final de màster realitza una introducció als smart contracts. El treball introdueix el concepte de contracte intel·ligent, els seus usos i alguns exemples existents. Seguidament proporciona les nocions necessàries de les transaccions del protocol Bitcoin per poder implementar un contracte intel·ligent, usant la blockchain que ofereix el protocol. Per últim, s'explica la implementació d'un contracte intel·ligent usant bitcoin: un canal de micropagaments. El presente traba...

Simulation of a chain of collapsible contracting lymphangions with progressive valve closure.

Science.gov (United States)

Bertram, C D; Macaskill, C; Moore, J E

2011-01-01

The aim of this investigation was to achieve the first step toward a comprehensive model of the lymphatic system. A numerical model has been constructed of a lymphatic vessel, consisting of a short series chain of contractile segments (lymphangions) and of intersegmental valves. The changing diameter of a segment governs the difference between the flows through inlet and outlet valves and is itself governed by a balance between transmural pressure and passive and active wall properties. The compliance of segments is maximal at intermediate diameters and decreases when the segments are subject to greatly positive or negative transmural pressure. Fluid flow is the result of time-varying active contraction causing diameter to reduce and is limited by segmental viscous and valvular resistance. The valves effect a smooth transition from low forward-flow resistance to high backflow resistance. Contraction occurs sequentially in successive lymphangions in the forward-flow direction. The behavior of chains of one to five lymphangions was investigated by means of pump function curves, with variation of valve opening parameters, maximum contractility, lymphangion size gradation, number of lymphangions, and phase delay between adjacent lymphangion contractions. The model was reasonably robust numerically, with mean flow-rate generally reducing as adverse pressure was increased. Sequential contraction was found to be much more efficient than synchronized contraction. At the highest adverse pressures, pumping failed by one of two mechanisms, depending on parameter settings: either mean leakback flow exceeded forward pumping or contraction failed to open the lymphangion outlet valve. Maximum pressure and maximum flow-rate were both sensitive to the contractile state; maximum pressure was also determined by the number of lymphangions in series. Maximum flow-rate was highly sensitive to the transmural pressure experienced by the most upstream lymphangions, suggesting that many

Designation of Contracting Officers Representatives and Oversight Framework Could Be Improved for Contracts in Afghanistan

Science.gov (United States)

2016-08-30

Sea Systems issue guidance to contracting officers to obtain a quality assurance surveillance plan for all service contracts, and ensure that the...prepare a quality assurance surveillance plan (QASP) for service contracts in order to facilitate assessment of contractor performance.12 Furthermore...that the contracting activities received and paid for goods or services that did not meet contract performance standards. At the time of the audit

Outcomes associated with breach and fulfillment of the psychological contract of safety.

Science.gov (United States)

Walker, Arlene

2013-12-01

The study investigated the outcomes associated with breach and fulfillment of the psychological contract of safety. The psychological contract of safety is defined as the beliefs of individuals about reciprocal employer and employee safety obligations inferred from implicit or explicit promises. When employees perceive that safety obligations promised by the employer have not been met, a breach of the psychological contract occurs, termed employer breach of obligations. The extent to which employees fulfill their safety obligations to the employer is termed employee fulfillment of obligations. Structural equation modeling was used to test a model of safety that investigated the positive and negative outcomes associated with breach and fulfillment of the psychological contract of safety. Participants were 424 health care workers recruited from two hospitals in the State of Victoria, Australia. Following slight modification of the hypothesized model, a good fitting model resulted. Being injured in the workplace was found to lower perceptions of trust in the employer and increase perceptions of employer breach of safety obligations. Trust in the employer significantly influenced perceived employer breach of safety obligations such that lowered trust resulted in higher perceptions of breach. Perceptions of employer breach significantly impacted employee fulfillment of safety obligations with high perceptions of breach resulting in low employee fulfillment of obligations. Trust and perceptions of breach significantly influenced safety attitudes, but not safety behavior. Fulfillment of employee safety obligations significantly impacted safety behavior, but not safety attitudes. Implications of these findings for safety and psychological contract research are explored. A positive emphasis on social exchange relationships in organizations will have positive outcomes for safety climate and safety behavior. © 2013.

Virtual power plant mid-term dispatch optimization

International Nuclear Information System (INIS)

Pandžić, Hrvoje; Kuzle, Igor; Capuder, Tomislav

2013-01-01

Highlights: ► Mid-term virtual power plant dispatching. ► Linear modeling. ► Mixed-integer linear programming applied to mid-term dispatch scheduling. ► Operation profit maximization combining bilateral contracts and the day-ahead market. -- Abstract: Wind power plants incur practically zero marginal costs during their operation. However, variable and uncertain nature of wind results in significant problems when trying to satisfy the contracted quantities of delivered electricity. For this reason, wind power plants and other non-dispatchable power sources are combined with dispatchable power sources forming a virtual power plant. This paper considers a weekly self-scheduling of a virtual power plant composed of intermittent renewable sources, storage system and a conventional power plant. On the one hand, the virtual power plant needs to fulfill its long-term bilateral contracts, while, on the other hand, it acts in the market trying to maximize its overall profit. The optimal dispatch problem is formulated as a mixed-integer linear programming model which maximizes the weekly virtual power plant profit subject to the long-term bilateral contracts and technical constraints. The self-scheduling procedure is based on stochastic programming. The uncertainty of the wind power and solar power generation is settled by using pumped hydro storage in order to provide flexible operation, as well as by having a conventional power plant as a backup. The efficiency of the proposed model is rendered through a realistic case study and analysis of the results is provided. Additionally, the impact of different storage capacities and turbine/pump capacities of pumped storage are analyzed.

Is contracting out good or bad for employees?

DEFF Research Database (Denmark)

Vrangbæk, Karsten; Petersen, Ole Helby; Hjelmar, Ulf

2015-01-01

in the working conditions and work environment for the personnel in public organizations. In this article, we present the findings from a systematic review of studies documenting the consequences of contracting out for employees. The review is based on 26 empirical studies published between 2000 and 2012. We...... find both positive and negative effects for employees documented in the literature, although with a predominance of negative effects, including reductions in the workforce and other changes in the workforce composition such as the replacement of experienced employees with younger workers, poorer...... working conditions, lower salaries, fewer benefits, and reduced job satisfaction. We conclude that poorer conditions for the public service personnel are well documented as a short-term consequence of contracting out, while more studies covering a longer time-span are needed to assess whether...

Automatic Conflict Detection on Contracts

Science.gov (United States)

Fenech, Stephen; Pace, Gordon J.; Schneider, Gerardo

Many software applications are based on collaborating, yet competing, agents or virtual organisations exchanging services. Contracts, expressing obligations, permissions and prohibitions of the different actors, can be used to protect the interests of the organisations engaged in such service exchange. However, the potentially dynamic composition of services with different contracts, and the combination of service contracts with local contracts can give rise to unexpected conflicts, exposing the need for automatic techniques for contract analysis. In this paper we look at automatic analysis techniques for contracts written in the contract language mathcal{CL}. We present a trace semantics of mathcal{CL} suitable for conflict analysis, and a decision procedure for detecting conflicts (together with its proof of soundness, completeness and termination). We also discuss its implementation and look into the applications of the contract analysis approach we present. These techniques are applied to a small case study of an airline check-in desk.

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...

Designing an Incentive Contract Menu for Sustaining the Electricity Market

Directory of Open Access Journals (Sweden)

Ying Yu

2015-12-01

Full Text Available This paper designs an incentive contract menu to achieve long-term stability for electricity prices in a day-ahead electricity market. A bi-level Stackelberg game model is proposed to search for the optimal incentive mechanism under a one-leader and multi-followers gaming framework. A multi-agent simulation platform was developed to investigate the effectiveness of the incentive mechanism using an independent system operator (ISO and multiple power generating companies (GenCos. Further, a Q-learning approach was implemented to analyze and assess the response of GenCos to the incentive menu. Numerical examples are provided to demonstrate the effectiveness of the incentive contract.

EVALUATING SHORT-TERM CLIMATE VARIABILITY IN THE LATE HOLOCENE OF THE NORTHERN GREAT PLAINS

Energy Technology Data Exchange (ETDEWEB)

Joseph H. Hartman

1999-09-01

Great Plains, northern hemisphere, and elsewhere. Finally these data can be integrated into a history of climate change and predictive climate models. This is not a small undertaking. The goals of researchers and the methods used vary considerably. The primary task of this project was literature research to (1) evaluate existing methodologies used in geologic climate change studies and evidence for short-term cycles produced by these methodologies and (2) evaluate late Holocene climate patterns and their interpretations.

Contract law as fairness

NARCIS (Netherlands)

Klijnsma, J.

2015-01-01

This article examines the implications for contract law of Rawls' theory of justice as fairness. It argues that contract law as an institution is part of the basic structure of society and as such subject to the principles of justice. Discussing the basic structure in relation to contract law is

Contractibility of curves

Directory of Open Access Journals (Sweden)

Janusz Charatonik

1991-11-01

Full Text Available Results concerning contractibility of curves (equivalently: of dendroids are collected and discussed in the paper. Interrelations tetween various conditions which are either sufficient or necessary for a curve to be contractible are studied.

DIACHRONIC ANALYSIS OF THREE PALESTINIAN MARRIAGE CONTRACTS: IMPLICATIONS FOR TRANSLATORS

Directory of Open Access Journals (Sweden)

Mohammad Ahmad Thawabteh

2014-12-01

Full Text Available Unlike other discourses, legal discourse should be very simple, straightforward and unambiguous, and so should legal translation. However, legal translation implies multifarious challenges. Though, it is still under-research in the Arab World and the Occupied Palestinian Territories (OPT. The present article attempts to shed some light on the development of the language of legal texts in the OPT as illustrated in the study of three marriage contracts representing three sporadic periods of time— post-First World War, post-Israeli occupation to Palestine and post-foundation of Palestinian National Authority (PNA. The rationale beyond this selection is that the OPT has witnessed a political upheaval since the First World War, started with British Mandate until 1948, Israeli occupation in 1948 and now the rule of PNA. A thorough investigation into the contracts over these periods of time shows a noticeable development of the language of the contracts in terms of terminologies, structure and cultural components. The article reveals a good affinity between the language employed in the structure of the contracts and the social, economic and political situations when the contracts were written. Translation-wise, the article reflects on sample translations of the contracts by Hatim et al. (1995 with a view to examining the intricacies of legal translation. The findings show how important for legal translator to be well-versed in the language of law and the development of legal discourse diachronically. The article finally draws some conclusions which may be useful for legal translator trainers/trainees.

Study of impacts of physical contracts and financial contracts on bidding strategies of GENCOs

International Nuclear Information System (INIS)

Xiaoling Chen; He, Y.; Song, Y.H.

2004-01-01

This paper studies the impacts of physical contracts and financial contracts on the bidding strategies of GENCOs, including Physical Bilateral Contracts, Contracts for Difference (CfDs), Call Options and Put Options under discriminatory pricing mechanism. The integrated bidding decision model is applied, which has three main modules - probabilistic local marginal price simulator, market-oriented unit commitment model and multi-criteria decision system. The numerical results show that the GENCO will choose different bidding strategies if it holds different types of contract. The results also suggest that CfDs have the best performance for risk alleviation. (author)

The Termination of Administrative Contracts in the Romanian and French Law

Directory of Open Access Journals (Sweden)

Cătălin-Silviu SĂRARU

2011-11-01

Full Text Available The overall objective of this paper is to present a topic of great interest for the present activity of the public administration that emphasizes the contractual procedures as a vital aspect of entrepreneurial governance. Thus, this article is devoted to a summary of the results of an exploratory research on the conditions for termination of administrative contracts. This study analyzed the conditions under which the administrative contracts can be terminated in the Romanian and French law. The analysis using the comparative method based on a descriptive documentary research, emphasizing the particularities of termination in administrative law in relation to private law. The research is finally recovered by „de lege ferenda” proposals which should, in our opinion, to be reflected in future of the Romanian Administrative Procedure Code. The study is first research in this field in Romania and respond to concrete problems arising in the practice of public administration. The work will have significant implications and for researchers of the administrative phenomenon that in future studies will deepen the problems analyzed here. The work captures doctrinal opinions expressed in comparative law and comes with new legal reasoning to support the research for the juridical institution of the administrative contracts termination.

Drilling contracts and incentives

International Nuclear Information System (INIS)

Osmundsen, Petter; Sorenes, Terje; Toft, Anders

2008-01-01

Shortages of rigs and personnel have encouraged discussion of designing incentive contracts in the drilling sector. However, for the drilling contracts, there are not a large variety of contract types in use. This article describes and analyses incentives for drilling contractors. These are directly represented by the compensation formats utilised in the present and in the consecutive drilling contracts. Indirectly, incentives are also provided by the evaluation criteria that oil companies use for awarding drilling assignments. Changes in contract format pose a number of relevant questions relating to resource management, and the article takes an in-depth look at some of these. Do evaluation criteria for awarding drilling assignments encourage the development of new technology and solutions? How will a stronger focus on drilling efficiency influence reservoir utilisation?

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

DEFF Research Database (Denmark)

de la Porte, Caroline; Emmenegger, Patrick

Fixed-term work benefits employers and increases the prospects of employability of various categories of workers, but it is inherently precarious with regard to dismissal protection and the risk of recurrent fixed-term contracts. Furthermore, workers on this type of contract are vulnerable also...... that the fixedterm work directive is used as an entry point to address the equal treatment of workers, and that it is the principle of anti-discrimination that provides the legal basis for judgements. Equal treatment is affirmed, in the cases analysed, in relation to different provisions of labour contracts...

Precarious Pedagogies? The Impact of Casual and Zero-Hour Contracts in Higher Education

Directory of Open Access Journals (Sweden)

Ana Lopes

2015-05-01

Full Text Available Precarious work is associated with and characterizes the effects of neoliberal policy—the transference of economic risk onto workers, the erosion of workers’ rights, the flexibilization and casualization of work contracts, self-responsibility, financial insecurity, and emotional stress. In the Higher Education (HE sector, the number of insecure academic jobs, especially zero-hour contracts for hourly paid teaching and short-term contract research, has grown exponentially in recent years in response to the structural and fiscal changes within universities, which reflect these global shifts. This paper presents findings from a pilot study conducted with academics on casual contracts in HE institutions in England and Wales. Qualitative interviews and focus groups were undertaken with teachers (lecturers and tutors on hourly paid and zero-hour contracts to examine the relationship between their contractual situations and pedagogical practices. The research broadly seeks to contribute to ongoing discussions concerned with the impact of neoliberalism on higher education and specifically highlights the case of contingent lecturers as casualties of the casualization of the academic labor force.

An unsatisfactory contract policy

CERN Multimedia

Association du personnel

2012-01-01

For the last 15 years contract policy has been one of the top priorities of CERN staff, as expressed in successive surveys initiated by the Staff Association. In one’s professional life, having some forward vision of one’s career prospects is the key to loyalty and motivation. On the contrary, instability about the future is always at the root of anxiety, conflicts, or even health problems. A good employer must therefore balance the needs of the Company and those of its employees. CERN’s current contract policy, as described in the Administrative Circular No 2, states that staff members should first obtain a limited duration (LD) contract of up to five years. Then, if they want to stay in the Organization, staff members must apply, usually once a year, and before the end of their LD contract, for an indefinite contract (IC) post. All candidates for an IC post are considered by the Review Board for the award of indefinite contracts (Review Board) which will choose the most suita...

Associations Between Fixed-Term Employment and Health and Behaviors: What are the Mechanisms?

Science.gov (United States)

Żołnierczyk-Zreda, Dorota; Bedyńska, Sylwia

2018-03-01

To analyze the associations between fixed-term employment and health (work ability and mental health) and behaviors (engagement and performance). Psychological contract fulfilment (PCF) and breach (PCB) are investigated as potential mediators of these associations. Seven hundred workers employed on fixed-term contracts from a broad range of organizations participated in the study. The Structural Equation Model was performed to analyze the data. Mediation analyses revealed that good physical and mental health and productivity are more likely to be achieved by those workers who perform non-manual work and (to some extent) accept their contracts because they experience high levels of PCF and low levels of PCB. Apart from the lack of physical workload, psychological contract fulfilment has been revealed as yet another significant mediator between a higher socioeconomic position and good health and productivity of fixed-term workers.

Electricity market risk management using forward contracts with bilateral options

International Nuclear Information System (INIS)

Chung, T.S.; Yu, C.W.; Wong, K.P.; Zhang, S.H.

2003-01-01

Extreme short-term price volatility in competitive electricity markets creates the need for risk management arrangements. A new electricity forward contract with bilateral financial options is introduced, which allows both seller and buyer to take advantage of flexibility in generation and consumption to obtain monetary benefits while simultaneously removing the risk of market price fluctuations. The option theory is incorporated to formulate the contract price. The strike prices of options are derived from solving an equilibrium model in which both the buyer and the seller aim to maximise their own profit. Theoretical analysis shows that the proposed optional forward contract presents a more equitable and reasonable payoff structure that allows the buyer and seller to earn a larger overall expected benefit, and the contractual arrangement supports efficiency in economic dispatch of electricity production and consumption. The insights obtained from these results will be helpful to participants in the contractual decision-making process. (Author)

Expanding Energy Performance Contracting in china: policy solutions and market mechanisms

Energy Technology Data Exchange (ETDEWEB)

Shen, Bo [Lawrence Berkeley National Lab. (LBNL), Berkeley, CA (United States); Price, Lynn [Lawrence Berkeley National Lab. (LBNL), Berkeley, CA (United States); Liu, Xu [Lawrence Berkeley National Lab. (LBNL), Berkeley, CA (United States); Meng, Lu [Lawrence Berkeley National Lab. (LBNL), Berkeley, CA (United States); Shi, Wenjing [Pacific Northwest National Lab. (PNNL), Richland, WA (United States); Evans, Meredydd [Pacific Northwest National Lab. (PNNL), Richland, WA (United States); Roshchanka, Volha [Pacific Northwest National Lab. (PNNL), Richland, WA (United States); Yu, Sha [Pacific Northwest National Lab. (PNNL), Richland, WA (United States)

2017-07-19

Energy performance contracting is an important market mechanism that uses energy savings to pay over time for the upfront costs of energy efficiency retrofits in buildings, industries, and other types of facilities. Through energy performance contracts (EPCs), Energy Service Companies (ESCOs) play an important role in implementing energy efficiency retrofits. Both China and the United States have large markets for EPCs and significant opportunities for growth. The Chinese government has made great efforts in promoting the country’s ESCO business and expanding its EPC markets. This paper makes a series of recommendations for China to adopt more ambitious policy measures to encourage deep energy savings projects via EPCs. These recommendations are built on initial insights from a white paper developed by researchers at the Pacific Northwest National Laboratory and the Lawrence Berkeley National Laboratory with the assistance from the ESCO Committee of China’s Energy Conservation Association (EMCA). Key recommendations are listed below.

Ontologies for commitment-based smart contracts

NARCIS (Netherlands)

de Kruijff, Joost; Weigand, Hans; Panetto, H; Debruyne, C.; Gaaloul, W.; Papazoglou, M.; Paschke, A.; Ardagna, C.A.; Meersman, R.

2017-01-01

Smart contracts gain rapid exposure since the inception of blockchain technology. Yet there is no unified ontology for smart contracts. Being categorized as coded contracts or substitutes of conventional legal contracts, there is a need to reduce the conceptual ambiguity of smart contracts. We

48 CFR 46.314 - Transportation contracts.

Science.gov (United States)

2010-10-01

... 48 Federal Acquisition Regulations System 1 2010-10-01 2010-10-01 false Transportation contracts... MANAGEMENT QUALITY ASSURANCE Contract Clauses 46.314 Transportation contracts. The contracting officer shall insert the clause at 52.246-14, Inspection of Transportation, in solicitations and contracts for freight...

Towards Certified Management of Financial Contracts

DEFF Research Database (Denmark)

Bahr, Patrick; Berthold, Jost; Elsman, Martin

2014-01-01

. The seminal work by Peyton-Jones and Eber on financial contracts shows how an algebraic approach to contract specification can be used for valuation of contracts (when combined with a model of the underlying observables) and for managing how contracts evolve under so-called fixings and decision......-taking, with the contracts eventually evaporating into the empty contract, for which no party have further obligations. The ideas have emerged into Eber's company LexiFi, which has become a leading software provider for a range of financial institutions, with all contract management operations centralised around a domain......Banks and financial institutions nowadays often use domain-specific languages (DSLs) for describing complex financial contracts, in particular, for specifying how asset transfers for a specific contract depend on underlying observables, such as interest rates, currency rates, and stock prices...

Evaluation of long-term natural gas marketing agreements: An application of commodity forward and option pricing theory

International Nuclear Information System (INIS)

Salahor, G.S.; Laughton, D.G.

1993-01-01

Methods that have been empirically validated in the analysis of short-term traded securities are adapted to evaluate long-term natural gas direct-sale contracts. A sample contract is examined from the perspective of the producer, and analyzed as a series of forward and option contracts. The assessment of contract value is based on the gas price forecast, the volatility in that forecast, and the valuation of risk caused by that volatility. The method presented allows the gas producer to quantify these elements, and to evaluate the variety of terms encountered in direct-sale natural gas agreements, including features such as load factors and penalty charges. The analysis uses as inputs a probabilistic price forecast and a determination of a price of risk for gas prices. Once the forecast volatility is derived from the probabilistic forecast, the forward contracts imbedded in the long-term gas contract can be valued with a risk-discounting model, and optional aspects can be evaluated using the Black-Scholes option pricing method. 10 refs., 3 figs., 2 tabs

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

Energy Technology Data Exchange (ETDEWEB)

United States. Bonneville Power Administration.

1992-01-01

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

48 CFR 837.403 - Contract clause.

Science.gov (United States)

2010-10-01

... 48 Federal Acquisition Regulations System 5 2010-10-01 2010-10-01 false Contract clause. 837.403... OF CONTRACTING SERVICE CONTRACTING Nonpersonal Health Care Services 837.403 Contract clause. The contracting officer shall insert the clause at 852.237-7, Indemnification and medical liability insurance, in...

48 CFR 811.503 - Contract clause.

Science.gov (United States)

2010-10-01

... 48 Federal Acquisition Regulations System 5 2010-10-01 2010-10-01 false Contract clause. 811.503... ACQUISITION PLANNING DESCRIBING AGENCY NEEDS Liquidated Damages 811.503 Contract clause. When the contracting... contracting officer must include the clause in 852.211-74, Liquidated damages, in the contract. ...

To tender, re-negotiate or partner: Strategies for contracting service companies

International Nuclear Information System (INIS)

Gouldie, T.A.

1994-01-01

The contracting of oilfield service companies by petroleum exploration and production operating companies is different than the contracting of civil engineering, construction or other project-oriented contractors. The relationship between operating companies and oilfield service companies has had a long and unique history which has evolved since the first oil wells were drilled over a century ago. The process of contracting service companies by operating companies for petroleum exploration and production work can be split into three distinct stages: (1) decide what it is that should be contracted out and what should be kept in house; (2) determine the method to use to select the contractor(s) to perform the work; and (3) agree to the contractual structure to best reflect the relationship the operating company and the service company with to initiate and maintain. As there are ongoing changes to the business structures and corporate thinking of both operating and service companies, there are also evolving changes to what are considered core businesses and the methods of selecting and contracting service companies by operating companies. Operating companies are recognizing the high costs of tendering for contractor services in terms of personnel time and administrative effort, and are relying more on negotiating and rolling-over existing contracts with their suitable, capable contractors. Partnering, in its many forms and levels, is increasingly being recognized as a useful method to get better work done at cheaper overall costs

The high cost of fine print. Antitrust case against a major Blue Cross plan may redefine terms of contract negotiations.

Science.gov (United States)

Evans, Melanie; Blesch, Gregg

2010-10-25

With its challenge to Michigan Blues contracts with some hospitals, the Justice Department is doing something it hasn't in more than 10 years. The move means insurers need to carefully vet contracts for similar issues. "This signals they're still in the enforcement business as it relates to healthcare insurance," says lawyer David Marx Jr.

Risk management and oil trading contracts

International Nuclear Information System (INIS)

Sas, B.

1992-01-01

The oil market provides an excellent case study for an analysis of the commodity trading risks and the development of contractual instruments and market structures to meet these risks. The paper identifies the main risks, namely performance, credit/payment, price, regulatory, fiscal, and ''trading'' risk. A conceptual framework provides the basis to trace the evolution of the risk management instruments from relational (e.g. long-term), through ''transactional'' (e.g. spot and forwards) to ''institutional'' (e.g. futures and options) and finally ''pricing'' (e.g. swaps and trigger pricing) contracts. (author)

Endogenous Market Structures and Contract Theory. Delegation, principal-agent contracts, screening, franchising and tying

OpenAIRE

Etro Federico

2010-01-01

I study the role of unilateral strategic contracts for firms active in markets with price competition and endogenous entry. Traditional results change substantially when the market structure is endogenous rather than exogenous. They concern 1) contracts of managerial delegation to non-profit maximizers, 2) incentive principal-agent contracts in the presence of moral hazard on cost reducing activities, 3) screening contracts in case of asymmetric information on the productivity of the managers...

BOT Outsourcing Contracts

DEFF Research Database (Denmark)

Ørberg Jensen, Peter D.; Petersen, Bent

2012-01-01

Build-operate-transfer (BOT) contracting has been widely usen in the engineering and construction industry, but has only recently been introduced in services industry domains. Notably, service provider firms from emerging markets have recently started offering BOT outsourcing contracts. In this p...

Comparing contracting performance

DEFF Research Database (Denmark)

Lindholst, Andrej Christian

. Hypotheses are suggested for the role of culture, competition, contracts, capabilities and collaboration for contracting performance between and across the countries. Arguments are tested against data from on four comparable national surveys of private delivery of park and road maintenance services in local...

48 CFR 926.7104 - Contract clause.

Science.gov (United States)

2010-10-01

... 48 Federal Acquisition Regulations System 5 2010-10-01 2010-10-01 false Contract clause. 926.7104... 1993. 926.7104 Contract clause. The contracting officer shall insert the clause at 48 CFR (DEAR) 952.226-74, Displaced Employee Hiring Preference, in contracts (except for contracts for commercial items...

48 CFR 822.305 - Contract clause.

Science.gov (United States)

2010-10-01

... 48 Federal Acquisition Regulations System 5 2010-10-01 2010-10-01 false Contract clause. 822.305... PROGRAMS APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS Contract Work Hours and Safety Standards Act 822.305 Contract clause. The contracting officer shall insert the clause at 852.222-70, Contract Work...

48 CFR 52.222-51 - Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration...

Science.gov (United States)

2010-10-01

... of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment....222-51 Exemption from Application of the Service Contract Act to Contracts for Maintenance... clause: Exemption From Application of the Service Contract Act to Contracts for Maintenance, Calibration...

48 CFR 52.222-48 - Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration...

Science.gov (United States)

2010-10-01

... of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment....222-48 Exemption from Application of the Service Contract Act to Contracts for Maintenance... following provision: Exemption From Application of the Service Contract Act to Contracts for Maintenance...

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

24 CFR 891.560 - HAP contract.

Science.gov (United States)

2010-04-01

... 24 Housing and Urban Development 4 2010-04-01 2010-04-01 false HAP contract. 891.560 Section 891... Assistance § 891.560 HAP contract. (a) HAP contract. The housing assistance payments contract sets forth.... (b) HAP contract execution. (1) Upon satisfactory completion of the project, the Borrower and HUD...

Pacta sunt servanda versus the social role of contracts: the case of Brazilian agriculture contracts

Directory of Open Access Journals (Sweden)

Christiane Leles Rezende

2012-06-01

Full Text Available This study explores the instability created by contradictory court decisions related with contract breaches. Forward marketing contracts represent an important source of resources to finance Brazilian agriculture, however a large number of contract breaches were observed during a period of marked increase in soy prices. The study analyzed 161 judicial appeal decisions and a survey was carried with 70 farmers. The results show the difference of judges' interpretation and the existence of second order effects. The effects of court decisions were more requirements of guarantees and the reduction in the number of contracts. Those soybean farmers who did not breach their contracts have also been negatively affected by the strategic reactions of trading and processing companies. The concept of "social function of the contract" introduced in Brazilian civil code led to a higher degree of instability in contracts, raising transaction costs and motivating private economic sanctions.

nth roots of normal contractions

International Nuclear Information System (INIS)

Duggal, B.P.

1992-07-01

Given a complex separable Hilbert space H and a contraction A on H such that A n , n≥2 some integer, is normal it is shown that if the defect operator D A = (1 - A * A) 1/2 is of the Hilbert-Schmidt class, then A is similar to a normal contraction, either A or A 2 is normal, and if A 2 is normal (but A is not) then there is a normal contraction N and a positive definite contraction P of trace class such that parallel to A - N parallel to 1 = 1/2 parallel to P + P parallel to 1 (where parallel to · parallel to 1 denotes the trace norm). If T is a compact contraction such that its characteristics function admits a scalar factor, if T = A n for some integer n≥2 and contraction A with simple eigen-values, and if both T and A satisfy a ''reductive property'', then A is a compact normal contraction. (author). 16 refs

Trainability of muscular activity level during maximal voluntary co-contraction: comparison between bodybuilders and nonathletes.

Directory of Open Access Journals (Sweden)

Sumiaki Maeo

Full Text Available Antagonistic muscle pairs cannot be fully activated simultaneously, even with maximal effort, under conditions of voluntary co-contraction, and their muscular activity levels are always below those during agonist contraction with maximal voluntary effort (MVE. Whether the muscular activity level during the task has trainability remains unclear. The present study examined this issue by comparing the muscular activity level during maximal voluntary co-contraction for highly experienced bodybuilders, who frequently perform voluntary co-contraction in their training programs, with that for untrained individuals (nonathletes. The electromyograms (EMGs of biceps brachii and triceps brachii muscles during maximal voluntary co-contraction of elbow flexors and extensors were recorded in 11 male bodybuilders and 10 nonathletes, and normalized to the values obtained during the MVE of agonist contraction for each of the corresponding muscles (% EMGMVE. The involuntary coactivation level in antagonist muscle during the MVE of agonist contraction was also calculated. In both muscles, % EMGMVE values during the co-contraction task for bodybuilders were significantly higher (P<0.01 than those for nonathletes (biceps brachii: 66±14% in bodybuilders vs. 46±13% in nonathletes, triceps brachii: 74±16% vs. 57±9%. There was a significant positive correlation between a length of bodybuilding experience and muscular activity level during the co-contraction task (r = 0.653, P = 0.03. Involuntary antagonist coactivation level during MVE of agonist contraction was not different between the two groups. The current result indicates that long-term participation in voluntary co-contraction training progressively enhances muscular activity during maximal voluntary co-contraction.

Trainability of Muscular Activity Level during Maximal Voluntary Co-Contraction: Comparison between Bodybuilders and Nonathletes

Science.gov (United States)

Maeo, Sumiaki; Takahashi, Takumi; Takai, Yohei; Kanehisa, Hiroaki

2013-01-01

Antagonistic muscle pairs cannot be fully activated simultaneously, even with maximal effort, under conditions of voluntary co-contraction, and their muscular activity levels are always below those during agonist contraction with maximal voluntary effort (MVE). Whether the muscular activity level during the task has trainability remains unclear. The present study examined this issue by comparing the muscular activity level during maximal voluntary co-contraction for highly experienced bodybuilders, who frequently perform voluntary co-contraction in their training programs, with that for untrained individuals (nonathletes). The electromyograms (EMGs) of biceps brachii and triceps brachii muscles during maximal voluntary co-contraction of elbow flexors and extensors were recorded in 11 male bodybuilders and 10 nonathletes, and normalized to the values obtained during the MVE of agonist contraction for each of the corresponding muscles (% EMGMVE). The involuntary coactivation level in antagonist muscle during the MVE of agonist contraction was also calculated. In both muscles, % EMGMVE values during the co-contraction task for bodybuilders were significantly higher (Pbodybuilders vs. 46±13% in nonathletes, triceps brachii: 74±16% vs. 57±9%). There was a significant positive correlation between a length of bodybuilding experience and muscular activity level during the co-contraction task (r = 0.653, P = 0.03). Involuntary antagonist coactivation level during MVE of agonist contraction was not different between the two groups. The current result indicates that long-term participation in voluntary co-contraction training progressively enhances muscular activity during maximal voluntary co-contraction. PMID:24260233

48 CFR 52.222-52 - Exemption from Application of the Service Contract Act to Contracts for Certain Services...

Science.gov (United States)

2010-10-01

... of the Service Contract Act to Contracts for Certain Services-Certification. 52.222-52 Section 52.222... from Application of the Service Contract Act to Contracts for Certain Services—Certification. As... Contract Act to Contracts for Certain Services—Certification (NOV 2007) (a) The offeror shall check the...

48 CFR 52.222-53 - Exemption from Application of the Service Contract Act to Contracts for Certain Services...

Science.gov (United States)

2010-10-01

... of the Service Contract Act to Contracts for Certain Services-Requirements. 52.222-53 Section 52.222... from Application of the Service Contract Act to Contracts for Certain Services—Requirements. As... Act to Contracts for Certain Services—Requirements (FEB 2009) (a) The services under this contract are...

Bottlenecks and contracts

International Nuclear Information System (INIS)

2001-01-01

The report surveys the central points in the literature about contracts on geographical price differences and transmission rights in the power market. It is commonly believed that such contracts may reduce market power and contribute to better network investments. The theoretical debate is in part unfinished and largely based on very stylised assumptions. There is some indication that such contracts may not be very useful in practice. But they may be useful in some cases, perhaps in particular when power is transported outside limited surplus areas and for certain investment decisions where there is no systems operator with a natural responsibility

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

Science.gov (United States)

McCabe, T J; Sambrook, Sally

2013-07-01

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

Contraction regulates site-specific phosphorylation of TBC1D1 in skeletal muscle.

Science.gov (United States)

Vichaiwong, Kanokwan; Purohit, Suneet; An, Ding; Toyoda, Taro; Jessen, Niels; Hirshman, Michael F; Goodyear, Laurie J

2010-10-15

TBC1D1 (tre-2/USP6, BUB2, cdc16 domain family member 1) is a Rab-GAP (GTPase-activating protein) that is highly expressed in skeletal muscle, but little is known about TBC1D1 regulation and function. We studied TBC1D1 phosphorylation on three predicted AMPK (AMP-activated protein kinase) phosphorylation sites (Ser231, Ser660 and Ser700) and one predicted Akt phosphorylation site (Thr590) in control mice, AMPKα2 inactive transgenic mice (AMPKα2i TG) and Akt2-knockout mice (Akt2 KO). Muscle contraction significantly increased TBC1D1 phosphorylation on Ser231 and Ser660, tended to increase Ser700 phosphorylation, but had no effect on Thr590. AICAR (5-aminoimidazole-4-carboxyamide ribonucleoside) also increased phosphorylation on Ser231, Ser660 and Ser700, but not Thr590, whereas insulin only increased Thr590 phosphorylation. Basal and contraction-stimulated TBC1D1 Ser231, Ser660 and Ser700 phosphorylation were greatly reduced in AMPKα2i TG mice, although contraction still elicited a small increase in phosphorylation. Akt2 KO mice had blunted insulin-stimulated TBC1D1 Thr590 phosphorylation. Contraction-stimulated TBC1D1 Ser231 and Ser660 phosphorylation were normal in high-fat-fed mice. Glucose uptake in vivo was significantly decreased in tibialis anterior muscles overexpressing TBC1D1 mutated on four predicted AMPK phosphorylation sites. In conclusion, contraction causes site-specific phosphorylation of TBC1D1 in skeletal muscle, and TBC1D1 phosphorylation on AMPK sites regulates contraction-stimulated glucose uptake. AMPK and Akt regulate TBC1D1 phosphorylation, but there must be additional upstream kinases that mediate TBC1D1 phosphorylation in skeletal muscle.

Quantification of contraction synchronicity and contraction work in coronary artery disease

Energy Technology Data Exchange (ETDEWEB)

Niimi, Takanaga; Nanasato, Mamoru [Nagoya Daini Red Cross Hospital, Nagoya (Japan); Maeda, Hisatoshi [Dept. of Radiological Technology, Nagoya University School of Health Sciences, Nagoya(Japan)

2017-09-15

This study quantified the contraction synchronicity (CS; with 100% representing full synchrony and −100% dyssynchrony) and contraction work (CW, millijoules per centimeter squared; representing myocardial area) in patients with reduced left ventricular ejection fraction (LVEF) associated with coronary artery disease (CAD)

Mutuality and reciprocity in the psychological contracts of employees and employers.

Science.gov (United States)

Dabos, Guillermo E; Rousseau, Denise M

2004-02-01

The authors assessed the joint perceptions of the employee and his or her employer to examine mutuality and reciprocity in the employment relationship. Paired psychological contract reports were obtained from 80 employee-employer dyads in 16 university-based research centers. On the basis of in-depth study of the research setting, research directors were identified as primary agents for the university (employer) in shaping the terms of employment of staff scientists (employees). By assessing the extent of consistency between employee and employer beliefs regarding their exchange agreement, the present study mapped the variation and consequences of mutuality and reciprocity in psychological contracts. Results indicate that both mutuality and reciprocity are positively related to archival indicators of research productivity and career advancement, in addition to self-reported measures of Met Expectations and intention to continue working with the employer. Implications for psychological contract theory are presented. ((c) 2004 APA, all rights reserved)

Features of the Maintenance Agreement (Contract for the Delivery of Goods, Works and Services for State and Municipal Needs

Directory of Open Access Journals (Sweden)

Evgeniya V. Loginova

2015-12-01

Full Text Available Article analyzes main features of the agreement (contract for the delivery of goods, works and services for state and municipal needs. It is shown that civil-legal nature of this agreement, which aims to meet the public interest. It is emphasized that this agreement is the special subject composition. Features of this type of contract, which is manifested in the use of special methods of placing state and municipal orders are shown. It is proved that for the public contract subject of the contract will depend on the considered whether the supply agreement or service contract. Existing in the modern civil law doctrine approaches to understanding the essential terms of the contract are analyzed. Features of pricing in this agreement is shown. It was concluded that, in contrast to other types of civil contracts, state contract has a wide range of essential conditions.

Super Energy Savings Performance Contracts: Federal Energy Management Program (FEMP) Program Overview (revision)

International Nuclear Information System (INIS)

Pitchford, P.

2001-01-01

This four-page publication describes the U.S. Department of Energy's (DOE's) streamlined energy savings performance contracting, or ''Super ESPC,'' process, which is managed by DOE's Federal Energy Management Program (FEMP). Under a Super ESPC, a qualifying energy service company (ESCO) from the private sector pays for energy efficiency improvements or advanced renewable energy technologies (e.g., photovoltaic systems, wind turbines, or geothermal heat pumps, among others) for a facility of a government agency. The ESCO is then repaid over time from the agency's resulting energy cost savings. Delivery orders under these contracts specify the level of performance (energy savings) and the repayment schedule; the contract term can be up to 25 years, although many Super ESPCs are for about 10 years or less

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

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

CERN Multimedia

1999-01-01

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

Temporary labour contracts

CERN Document Server

2001-01-01

At its September 2000 meeting, the Finance Committee approved a second one-year extension of the four existing temporary labour contracts (L020/PE, L021/PE, L022/PE, L023/PE) until 31 December 2001 for a total amount not exceeding 6 000 000 Swiss francs at 2000 prices. The Finance Committee is invited: - to take note that the estimated annual expenditure on temporary labour in 2001 will amount to approximately 4 500 000 Swiss francs against the previously estimated 6 000 000 Swiss francs; - to approve the extension of the four existing contracts by six months to 30 June 2002 for an overall amount not exceeding 1 500 000 Swiss francs; - to take note that new contracts for the Swiss part of the CERN site will be submitted for adjudication in December 2001 and that new contracts for the French part of the CERN site will be submitted for adjudication in the course of 2002.

Temporary labour contracts

CERN Document Server

1999-01-01

The five contracts for Temporary Labour assignments on the CERN site (L020/PE, L021/PE, L022/PE, L023/PE and L024/PE) approved by the Finance Committee in March 1996 (CERN/FC/3857) will reach the end of their initial three-year contractual period at the end of December 1999. Following the satisfactory execution of these contracts during this period, CERN requests approval to extend them from January 2000 for the first of the two years foreseen in the original adjudication. The Finance Committee is invited: - to take note that the three-year expenditure for Temporary Labour contracts from 1997 to 1999 will not exceed 19 100 000 Swiss francs, compared to the 18 900 000 Swiss francs estimated at the time of the adjudication in March 1996; - to approve an extension of the present Temporary Labour contracts for the year 2000 for a total amount not exceeding 6 000 000 Swiss francs.

The Contracting Parties' Ability To Conclude The Employment Contract

Directory of Open Access Journals (Sweden)

Carmen Constantina NENU

2014-08-01

Full Text Available This study's main objective is to analyze certain effects produced by the changes of the Labor Code and by the entry into force of the current Romanian Civil Code. These effects refer to one of the fundamental conditions for the valid conclusion of the individual employment contract, that is, to the legal capacity of employers and employees. Thus, a complete analysis of legal regulations and of the correlations between different provisions on the legal capacity of parties to the individual employment contract is required to identify the existing noncompliance and to propose solutions. The research demonstrated that the current regulatory framework governing the legal capacity of the parties to an individual employment contract does not entirely correspond to the social reality. Therefore, only the employer benefits from a relatively comprehensive statutory regulation on the legal capacity to conclude an individual employment contract. The employee, however, does not benefit from the same attention from legislature. Considering the above, the study represents a significant scientific contribution, whose value lies in the proposed changes to modify legislature, so that the legal capacity of job holders would benefit from fair regulation, in accordance with the principle of legal protection of employee rights.