Cost planning for general overhead provides estimates for major cost items in relation to the contractor's turnover (overhead expenses) and project but all contractual tasks/activities must be considered, including all earthwork items. deadlines, and standards described in the planning license/construction permit. Andy Grimsey tells us about the basics on alcohol & licensing law, together on for you, saving you postal and printing costs, as well as time in checking that the Except that if you are planning on having a new festival or large make sure you check both it and your contract with a fine tooth comb – if the. Practice shall employ or contract with all physician personnel and all This license permits Practice to utilize the trade name and mark in its Practice, at its sole cost and expense, shall obtain and maintain in full force . The relationship between Manager and Practice is that of independent contractors.
All documents, papers, notes, memoranda, computer files and other written or electronic records of any kind utilized by Manager during and in connection with the Agreement shall remain the property of Practice at all times. The rendition of all medical professional services, including, but not limited to, diagnosis, treatment, therapy and the prescription of medicine and drugs, the supervision of preparation of medical reports and the maintenance of medical records, shall be the responsibility of Practice.
Business Permits/Licenses/Contracts and the Workers' Compensation Law
Practice shall have the sole right and authority to hire, employ, train, supervise, terminate and compensate all of its Professionals. Practice shall be responsible to ensure that such Professionals are supervised in accordance with the requirements of state and Federal law and in a manner consistent with current standards of medical practice in the community. Page 4 of 17 8. Manager shall have no authority whatsoever with respect to such activities, and shall have no authority whatsoever with respect to the establishment of fees for the rendition of such services; provided, however, that Manager may provide to Practice periodic assessments of the performance by medical personnel of other than professional medical services.
Under no circumstances shall medical services be made available to or for Practice by Manager. Manager shall not assign or refer patients to Practice in expectation of a fee for such referral. Any such fee for referral is expressly prohibited. The relationship between Manager and Practice is that of independent contractors.
Neither Manager nor Practice is a member, partner, agent, representative, employee, employer, or joint venturer of the other. Manager, its agents, employees and independent contractors shall not be eligible for any employee benefit plan offered by Practice. The term of this Agreement shall be for a period of ten 10 years, commencing on the Effective Date of this Agreement. This Agreement shall automatically renew for succeeding terms of five 5 years unless either Party, at least one hundred eighty days prior to the expiration of any term, gives written notice of its intention not to renew said Agreement.
This Agreement may be terminated by either Party upon prior written notice for any of the following reasons: Page 5 of 17 9. The exercise of one or more of such rights or remedies shall not impair the rights of either Party to exercise any other right or remedy at law or in equity.
Page 6 of 17 9. Payment to settle any such balance shall be made within thirty 30 days after submission of each accounting. The Parties agree that neither Party has made any representation, warranty or covenant not fully set forth herein, and that this Agreement is a complete statement of the entire agreement which supersedes all previous communications between the Parties hereto.
- Sample Business Contracts
- LICENSING AGREEMENTS
This Agreement may only be amended by written instrument executed by both Parties. Licensing agreements can be divided into three basic categories: End-user agreements are common in certain types of copyright licensing, notably for software and music.
In this scenario, the end user simply pays for the limited right to use the property and usually does not transform or resell the property in any way. Most other types of licenses are part of a business strategy between separate companies, neither of which may be an end user of the licensed property, that will generate new sales from third-party end users.
In partner licenses the licensee is expected to resell the property in some form. Copyrights apply primarily to original works of artistic merit such as books, plays, magazine and newspaper articles, musical recordings, photography, paintings, and sculpture.
Copyright Act of clearly defined the following exclusive rights of a copyright owner: The right to make copies of the work. The right to prepare derivatives arrangements of the work. The right to distribute copies of the work to the public. The right to perform the work publicly. The right to display the work publicly. These rights also suggest some of the ways in which copyrighted material may be licensed. If a publisher owns the copyright to a book, for example, it may assign limited rights to another company to adapt and market the book for another audience.
This may be advantageous for producing international editions of books or releasing copyrighted materials in a format other than the copyright holder's specialty, e. Musical recordings and scores are fully protected by copyright law, but face unique challenges regarding infringement and licensing.
Put simply, there is a wide and varied market for playing and distributing music in many settings, many of which are informal and don't require direct contact with licensors. Most music licensing is a very simple transaction of paying predetermined royalties, and no special negotiations may be necessary. These organizations distribute licensing royalties to the copyright holders after deducting a handling fee. Companies that license music include almost any that uses music to enhance its products such as using music in movies or business atmosphere such as playing music in restaurants.
Some examples of licensees are television networks, cable channels, movie studios, radio stations, airlines, concert halls, and shopping centers. The royalties for playing copyrighted music—which includes most recorded music currently on the market—vary with the size and type of establishment. Generally, the larger the business and the larger the audience, the higher the rate.
Very small businesses, including restaurants under 3, square feet, are legally exempt from paying royalties. The controversial Fairness in Music Licensing Act of came down on the side of small businesses in this respect, reducing the number of firms subject to music licensing requirements.
Enforcing music licenses is particularly problematic because retail musical recordings are readily available and copyright holders often literally must police unauthorized infringements in public places.
Workers' Compensation Coverage
The sliding royalty scale can also lead to disputes when licensees believe they qualify for a lower rate than the licensing agency requests. Historically, this has sometimes provoked antagonism between music licensors like ASCAP and licensees like restaurants.
As with music, software presents special problems for copyright holders. By nature it is easily duplicated, but unlike music, software is typically not used in places open to the general public. This poses enormous challenges for enforcing software copyrights, as so-called pirated copies of software applications are believed to account for anywhere from 10 to 40 percent of the software installed on a typical business computer.
The problem is possibly more widespread in the consumer market. As with most copyright holders, software publishers have tried to closely restrict duplication and distribution of their products. As end user agreements, software licenses come in two forms: With a few exceptions, single user licenses allow only one installation of the program for use by one person.
Multi-user licenses usually specify a numeric range of permissible installations, such as up to 1, simultaneous users, and may restrict the physical space over which the software may be deployed, e. Some software installation programs include anti-piracy protections, but the same features that allow legal reuse of a program, for example, reinstalling the program after a system crash, tend to also permit illegal uses.
License infringements may occur at any of several stages in the software distribution process, and thus end users may not even know when they're using pirated copies. Some retailers and computer services install illegal copies of software on computer systems for sale as a means of attracting customers or boosting their profits by not paying licensing fees. There is also a thriving global black market for software in which illegal copies are transmitted for free or at minimal cost, with none of the proceeds returning to the publisher.
Businesses are generally liable for any illegal software on their computers, however, regardless of its origin. Individual software publishers also have methods of identifying piracy, such as through registration verification.
When violations are found, large companies may be subject to fines in the hundreds of thousands of dollars. Part of the solution to software licensing problems, some believe, is for businesses to implement sophisticated resource-tracking systems that monitor the installed base of programs—perhaps in real time—and identify when an unauthorized application has been installed.
As of yet, there are few, if any, widely accepted tools for this, but it is an area of development likely to attract support from both software users and publishers. Aside from the contentious issues surrounding end-user software licenses, partner licensing is also a common practice within the software industry.