Thursday, November 29, 2007

A New Year In The Real Estate Market

As average place terms for center United States autumn again and the vacations attack to emphasize us out even more, place Sellers have got to begin looking for other options for the New Year. Tons of people are stuck in their depreciative places that they thought would once be a good investment. Everyday we look to experience the hurting of the lodging marketplace and hear words like recession. So what can we make as the new twelvemonth is about to begin? How about planning the hereafter of your home?

There are a couple things that I intend by planning the hereafter of your home. First would be to seek and set as much clip and attempt in it in order to acquire it sold for a terms your willing to accept. A batch of people don't really seek to repair up their homes. They set more than attempt in showing their place then actually taking a measure back and making it look nice for the interested purchasers out there. There isn't much to make about the existent estate marketplace anymore. I detest to be the glass is half full type but existent estate travels through tendencies and most of these tendencies take a piece to happen. So the best thought would be to set up for when things actually turn around in the hereafter and not settle down by merchandising your place at a less terms and losing money on your investment.

As clip axial rotations on and your house looks better and better, the adjacent measure would be making your place seeable in the market. Try not to take down your place to other terms in the same neighborhood. You have got to retrieve how much nicer your place is compared to every other especially with all the work you set into it. You are not just selling a roof with walls, you are selling the comfortableness and beauty of a new house to someone. The expression and characteristics you have got upgraded in your place will play a immense function in getting it sold.

After you are satisfied with the renovations, you can acquire your place listed in other ways than just through a real estate broker and acquire much needful further exposure. The more than than exposure you give your home, the more potentiality purchasers are going to walk in. The thought would be to do your place better than all the rest. It is now a buyers' marketplace but in the future, the marketplace will turn and go more than of a sellers' market. So when it picks up again, seek to be the first 1 out of the gate and show place purchasers that your house is better than all the rest.

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Monday, November 26, 2007

Medical Malpractice - Your Child's Been Diagnosed With Brain Damage and Cerebral Palsy

You're in labor. Your owed day of the month is tomorrow. Your muscular contractions are not that strong and you experience the babe moving. The physician gives you medical specialty to increase your contractions, usually known as pitocin. The muscular contractions aid mature the cervix, and also put emphasis on the babe to 'prepare' the babe for birth. Assuming no complications, the medical specialty to increase your muscular contractions will be increased over time.

A job can when a physician or nurse neglects to acknowledge that your babe is in hurt and not responding well to the normal emphasizes that a babe experiences during labor. Maybe a foetal bosom monitoring device isn't being watched carefully. Maybe there were other bringings going on at the same clip that needed your doctor's attention.

In some lawsuits a baby's heartrate may change dramatically and driblet to dangerously low degrees for an drawn-out clip period of time. This is known as 'bradycardia'. In other lawsuits a baby's heartrate might race for a clip period of time. This is known as 'tachycardia'. In either case, the statuses necessitate intercession if they go on for a clip period of time. Failure to step in can have got annihilating effects for the baby.

A babe whose heartrate is very low for a long clip period of time may develop 'hypoxia', a deficiency of O to the baby's encephalon and other critical organs. Other times, there may be a complete obstruction of blood flowing causing anoxia, or an absence of oxygen.

Oxygen is important for life. Diminished O or deficiency of O starves the baby's encephalon and critical organs. Baby's that have got got experienced decreased O during the birth procedure be given to have important developmental holds as well as other important medical problems.

A parent will larn of a baby's encephalon hurt after birth, either in the newborn baby's room or in the early old age during a visit to the pediatrician. "Your babe isn't progressing as they should." "The ictuses your babe is having are not going away." "Your babe isn't talking or walking yet, and they should have got been walking two old age ago." "Your babe can't grip points and doesn't track sound or hear well." "Your kid have cerebral palsy, and will necessitate long-term care."

These remarks are certain to trip inquiries of "Why not?" and "How did this happen?"

Questions to believe about include:

Can my kid clasp her head up? Can she hear me? See me? Bashes she grasp? Can she eat on her own? Can she get dressed herself? Bashes she have got seizure-like movements? Bashes she have got unusual facial features? Are the size of her caput unusually big or small? Can she crawl? Can she walk? Can she talk? Bashes she take to the bottle or breast? When you talk to her makes she look toward you? Can she write? Can she utilize a utensil?

Learning the replies to these inquiries may not be easy. If you believe your baby's development is significantly delayed or that your babe suffered encephalon harm as a consequence of the birth, you should talk to an experienced New House Of York medical malpractice lawyer immediately.

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Sunday, November 25, 2007

No NH legal aid in law enforcement feud

The two main road patrol military officers being sued by the state cavalrymen labor union desire the state to assist support them in the lawsuit, but that is not going to happen, according to Associate Lawyer General Anne Edwards. Jonathan Jonathan Edwards said the state will not pay legal fees incurred by main road patrol military officers William Carlberg Jr. and George C. Scott Bowen.

Both work force fear losing their places as their lawyer's fees climb.

Edwards did state she will reexamine written documents filed in the lawsuit to see if there are any new issues that directly impact the Department of Safety. If so, the state could seek to step in in the case, Jonathan Edwards said.

"If there were dissensions over organizations' issues -- for example, why main road patrol officers' uniforms aren't more than typical from troopers' uniforms -- and person was trying to raise in a lawsuit that uniforms or autos had to change, then the Department of Safety would be concerned," she said.

The New Hampshire Troopers Association is suing Carlberg of Plaistow, Bowen of Gilmanton, and the New Hampshire Highway Patrol Association for hallmark misdemeanor and cyberpiracy over a now-defunct Web land site and the registering of four Web sphere names.

Lawsuit causing stress

Carlberg, who is on military leave, and Bowen are former state cavalrymen who transferred to main road patrol. Both say the strain of being named personally in the lawsuit by chap law enforcement military officers and the possibility of losing their places and everything they have is taking a toll on their personal and professional lives.

"I wake up every morning time thought about this lawsuit, worrying about how it will end," said Bowen. "I stop each twenty-four hours thought about it. I've go an sleepless person because of it. My matrimony have been labored as have my human relationship with my kids. Last April the accumulative emphasis landed my married woman in an exigency room."

Carlberg was president of the association and Bowen the Godhead of its Web land site when the lawsuit was filed last autumn in Second Marquis Of Rockingham County Superior Court. The lawsuit is scheduled for trial in March 2008.

Bowen said he personally owned the Web land site at issue and used his ain computing machine to work on it. He said his supervisor, Maj. John Wayne Perreault, suggested he work on the land land land site as portion of his regular duties, but Bowen said he was careful not to mistreat the privilege and did 97 percentage of the Web site work on his ain time.

Bowen said he wanted the site to explicate to the public the missionary post of main road patrol officers. Since he did some of it on state time, he believes the state should assist stand for him and Carlberg.

Heavy fees

Carlberg, Bowen and the main road patrol association are represented by Nashua lawyer William Aivalikles. Fees already have got climbed upwards of $50,000, Bowen said.

Jonathan Jonathan Edwards yesterday spoke with Bowen and agreed to look at written documents in the case, but won't stand for them in the lawsuit even though Bowen worked on the land site during work hours.

"We only stand for state employees if they are sued relative to their employment," Edwards said. The lawsuit is a private substance between the two associations, and Jonathan Edwards said the work on the Web land land land site done on state clip was very minimum and could have got got been done during luncheon or breaks.

Bowen said functionaries throughout the Department of Safety -- including former commissioner Richard Flynn, Director of Motor Vehicles Old Dominion Henry Ward Henry Ward Beecher and Perreault -- were aware of his work on the Web site.

"Director Beecher and Commissioner Flynn knew about it, and their suggestions to do changes, or to take off certain material, were communicated to me through Maj. Perreault or Carlberg," Bowen said.

Perreault did not react to a page Friday.

Besides patrolling state highways, state police force force also supply particular services including explosives disposal, aviation, narcotics investigations, major law-breaking investigations, technical accident reconstruction, a SWAT-team operations, crisis negotiatons, and canine-unit operations, according to the cavalrymen labor union Web site.

Many common factors

State police and main road patrol have the same basic preparation demands and weapons, similar uniforms, police cruisers and pay grades.

In improver to enforcing motor-carrier laws, main road patrol certifies big-rig motortruck drivers; bank checks on deceitful written documents for title, enrollment and driver's licence applicants; accumulates delinquent fees; and audited accounts 5,100 vehicle traders and review stations.

Bowen said state cavalrymen are upset by the similar colour of main road patrol's uniforms and cruisers, which were selected by his superiors. Both the Division of State Police and the Agency of Highway Patrol federal federal agencies within the Department of Safety that are being considered for possible merger.

"It all furuncles down to competition between two similar agencies," said Bowen. "That determination (to equip cavalrymen and main road patrol in similar uniforms) was made far above my wage class on the colour of my uniform. The cavalrymen association experiences main road patrol was put up to mime them."

The lawsuit avers Bowen registered four Web sphere name calling similar to the name of the cavalrymen labor labor union Web land site to seek to "dupe" the public into sending contributions to the main road patrol grouping instead of the cavalrymen union. That was never the intention, Bowen said, nor was it even possible for the land site to accept contributions intended for the cavalrymen association.

Bowen said New Hampshire Highway Patrol Association members also will be apt for amends if they lose the suit.

The New Hampshire Highway Patrol Association was put up to assist easiness the 80 or so members out of the State Employees Association. The grouping ultimately voted to fall in New England Police Beneficent Association, but the New Hampshire Highway Patrol Association still technically exists.

Counter lawsuit filed

The New Hampshire Highway Patrol Association filed a counter claim alleging libel, slander and a long listing of unprofessional behavior allegations against state troopers.

One claim accused state cavalrymen of trying to interfere with main road patrol velocity traps by parking nearby with exigency visible lights flashing to decelerate automobilists before they came into main road patrol's microwave radar range.

Another said a state cavalryman interfered with a main road patrol investigation.

Bowen and Carlberg believe the state cavalrymen labor labor union is upset over actions taken by leading at the Department of Safety, but is taking out its defeats on them and the main road patrol association.

Carlberg said he was only back a little clip from serving 15 calendar months of active duty -- most of it as a chopper airplane pilot in Iraq, where he flew more than than 500 armed combat hours -- when the cavalrymen union filed the lawsuit.

He is again on military duty, having transferred to the New Hampshire Army National Guard, with whom he is patrolling the Mexican border.

"I'm quite surprised the state hasn't stepped up to support us," Carlberg said.

"The lawsuit is mostly about main road patrol's existence. They state it's about cyberpiracy, but it looks like it's more that they are disappointed in our existence.

"It's ludicrous to believe this is about two officers. It's about the being of the main road patrol. This is such as a political hotbed. Cipher desires to touch it, and two cats are suffering because of it ... I didn't make anything, except wear the main road patrol shirt. I was doing my occupation and got sued by another state police force agency."

Deep concerns

Carlberg said he have had to compose most of the bank checks to pay for legal fees so far. Married with two children, he also, concerns he will lose his home.

A former Rochester police force force detective, Carlberg went to work for state police, then transferred to main road patrol.

"I was devastated. I couldn't believe blood brother military officers would come up out and litigate me," he said. "This lawsuit is taking nutrient and money away from my household ... I've pretty much depleted my nest egg and had to acquire loans on my house. I never expected this from blood brother and sister police force force officers."

Joe Louis Copponi, president of the New Hampshire Troopers Association, and its lawyer, Adam Hamel, did not react to petitions for interviews.

Kraut Flynn, executive manager director of the New England Police Beneficent Association, said his organisation is not responsible for defending the lawsuit, but did range out early on to the cavalrymen union.

"It's disturbing state police have got taken it to this level," Flynn said. "We tried to decide it with the troopers, but it drop on deaf ears.

Carlberg is deployed, a member of military, and the cavalrymen go on this really frivolous and infantile lawsuit.

"These two federal agencies are supposed to be working with each other," added Flynn, a Lowell, Mass., flatfoot on leave of absence to make labor union work.

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Thursday, November 22, 2007

Medical Malpractice - Why Is Your New York Doctor Afraid To Treat You?

I was in the exigency room with my boy 1 evening, and the exigency room attending doctor stayed 5 feet away from my boy until he heard why we were there. There was an unspoken feeling that this physician was afraid to touch my boy and was hesitating to come up near him until he absolutely had to. I should advert that my boy did not have got any communicable disease and had no infected sores or boils. He drop at encampment and we felt he might have got broken a bone. That's it.

I definitely got the sense that this physician wasn't the lone 1 who acted this manner toward patients in the exigency room of a big university-based hospital, here in a suburbia of New York.

Once the physician realized we weren't foreigners from another planet, and that we weren't going to litigate him for examining my son, his tone of voice and organic structure idiosyncrasies softened slightly, and he returned to 'business-as-usual' in the exigency room.

Recently, whenever you walked into a doctor's business office in New House Of House Of York you'd happen articles (I name them propaganda) discussing the high costs of medical malpractice coverage and how it was the awful trial lawyers who were making their lives miserable. I was fascinated by the material. It didn't trouble oneself me that the physician was openly trying to acquire their patients to side with them in their fighting against malpractice suits, but I was troubled by what was missing from these articles.

There was no onslaught upon the doctors' coverage companies. Cipher came forward to state they were being gouged unfairly for these pathetic coverage costs. It was as if the docs were turning a unsighted oculus to the very people and companies who insured them in the event they were sued by a patient. It made no sense.

Whenever I brought this subject up to my physician or a physician I knew, I'd acquire a intermission before any explanation. Most of the docs I spoke to never thought about attacking their ain coverage company. Rather, they were quite happy to see an organized attempt to concentrate the incrimination on trial lawyers for their exceptionally high premiums. There is no inquiry that docs on Long Island wage some of the peak malpractice insurance premiums in the country. The inquiry of why this is so will best be addressed by politicians and people who have got studied the exact grounds for this problem. I will however point out that many believable surveys have got got consistently shown that the coverage companies are to fault for their ain shouts of "We necessitate more than money." Repeatedly, coverage companies have made mediocre investing picks and when they're in a downswing cycle, be given to acquire their advertisement guns out and point the finger at everyone but themselves.

So why are docs afraid to handle you? They're afraid of being sued. That's it. Some docs pattern without lovingness if person Sues them. They cognize they're providing the best medical attention they can give. Other docs look at patients as adversaries, never knowing when that lawsuit is going to hit.

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Thursday, November 15, 2007

Real Estate Lease Option

What is a rental option? Typically this is when person rentals a property, and they have an option on the property. The option they have gives them the right to buy, but not the duty to purchase to purchase the property. The rental and the option can be for the same term, around 1-5 years, but closer to the 2-3 twelvemonth mark. If the rental is for a longer time period there may be commissariat for rent additions along the way.

If you are buying a rental option place you are probably in a place where the Banks will not let you to acquire a conventional mortgage. By getting in on the right trade for you, you could by a place while working on your finances instead of having to wait. You will then also be able to begin to construct equity immediately.

Here is an illustration of a trade we did in Edmonton. Place is for sale by owner, and the place is vacant. I called the telephone figure on the mark and establish out some details. The place was listed for $360K and now they wanted $315K. The ground they were selling was the householders had a house built for themselves and already moved in, and did not desire to have got two debt services. This is also why the place was vacant, they did not desire to acquire into the rental market.

We approached them with this offer:

Buyer sets up $25K as option money to buy the place outright in 3 years. Buyer holds to pay debt service and taxations and keep the property. The marketer desires more than than just the monthly debt service so we give them an further $100 per month.

Benefits for the seller, the place is sold at the terms they could dwell with. Their debt service is being paid, we are not tenants, so they make not have got to keep the property. And the marketer walks away with enormous peace of mind.

I could have got moved in, but as an investor I instead sold an option on this place with a rental to another person.

We agreed on $35K option money, and we collected $300 over and above all disbursals including debt service.

At the end of the option we will exert our right to buy, and purchase the property. At the same clip our purchasers will exert their right to purchase and purchase the place from us.

In entire over three old age this is what we will make:

35k-25k=10k this is the difference between the two options

300-100=200per calendar month for 36 calendar months =7,200 the difference in the rents being paid.

(315-25)subtracted from (360-35)= 35k

Total= $52,200 over three years.

Yes, this won't be exact, there will be some shutting costs, and the mortgages will be paid down some as well, these two points will come up close to counterbalancing each other out.

Now if you did this with an investor you each make half, do four in that first twelvemonth and you made an easy $100K for you and your investor, not bad for portion clip work.

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Tuesday, November 13, 2007

Greenberg Traurig Continues to Grow Its Tampa Bay Office

TAMPA, Fla.--(BUSINESS WIRE)--The international law house Greenberg Traurig goes on to turn its Tampa
Bay business office with the improver of associates in the countries of Appellate,
Litigation, and Labor and Employment Law.


Allison M. Gluvna falls in the firm’s national
Appellate practice, which have more than than 40 attorneys. Saint Matthew A. Crist
falls in the national Litigation section with more than than 500 attorneys. Heather N. Randall Jarrell and Ashwin R. Trehan fall in the firm’s
nationally recognized Labor and Employment squad of nearly 90. In May,
the house expanded the business office with the improver of a grouping of
well-respected Labor and Employment Law lawyers headed by Simon Peter W.
Zinober and Richard C. McCrea, Jr.


With the improver of these attorneys, Greenberg Traurig’s
Tampa Bay business office have grown by 15 lawyers since its initiation in August of
2006. The concern office stands for clients in a wide scope of civil and
criminal litigation, trial, and appellant pattern in state and federal
courts; environmental and land usage law; labour and employment;
construction, architecture, and technology law; taxation, lending, and
other fiscal matters; as well as business planning and transactions. The managing stockholder of the business district Tampa business office is Saint David B.
Weinstein, a trial lawyer with a national repute in complex
environmental and other litigation.


“Tampa Bay is a dynamical part with enormous
chances for growth,” Weinstein said. “The
improver of these associates back ups the growing of our business business office here as
well as our Appellate and Labor and Employment Law patterns on a planetary
level.” Weinstein said he anticipates the office
to go on to expand.


Gluvna focuses her pattern on entreaties and other composite litigation. She
have experience representing clients in federal and state tribunals in a
assortment of substantial areas, including environmental and commercial
matters. She received her J.D., magna semen laude, from the
University of Sunshine State Levin College of Law and an A.B. inch Psychology and
English Language from Duke University. She is admitted to drill in Empire State Of The South as
well as in Florida. Crist, a former American History teacher, received a
J.D., semen laude, from the University of Sunshine State Levin College of
Law, and a B.A., with honors, in Political Science-International
Relations from the University of Florida. He is admitted to drill in
Sunshine State and before the U.S. District Court for the Center District of
Florida. Randall Jarrell have experience in representing and advising employers
in all facets of labour and employment law, including discrimination,
harassment, pay and hour, whistleblower, retaliation, and related to state
civil wrong and contract issues. She have represented employers before federal
and state courts, as well as administrative agencies. Randall Jarrell also have
experience in helping clients develop and implement employment policies
and processes designed to further positive employee dealings and to
minimise legal risks. She received a J.D., magna semen laude, from
Fedora University College of Law and a B.A. inch Foreign Personal Business and
Gallic from the University of Virginia. Trehan received his J.D., semen
laude, from the University of Sunshine State Levin College of Law and a
B.S. degree, with honors, in Business Administration, also from the
University of Florida.


Greenberg Traurig is an international, full-service law house with more than
than 1,700 lawyers and governmental personal business people in 28
business offices in the U.S. and Europe. The house is ranked 7th on The
American Lawyer's Americium Law 100 listing of the biggest law houses in the
U.S., based on figure of lawyers. Additionally, the house have strategical
confederations with the followers independent law firms: Olswang, Greater London and
Brussels; Studio Santa Maria, Milano and Rome; and Hayabusa Asuka Law
Offices in Tokyo. For further information, delight visit the firm's
Web land site at .

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Monday, November 12, 2007

Internet Jurisdiction - Can You Sue From Home?

If you buy an point on a little concern website, but the merchandise you have makes not conform to the specs as indicated on the merchandisers website, what can you do? Can you register judicial proceeding in your place state, or must you litigate them where the company is headquartered? Moreover, make you even have got standing to asseverate a claim against a little concern or individual seller?

In order to convey a suit, as in any other dispute, you as the injured political party must be able to show jurisdiction. The tribunal must have got personal legal power and subject substance legal power over the country of law. This is an indispensable component of a claim because you generally desire to be able to litigate in your place county, allow alone the state to which you're domiciled. The disbursal of traveling to another state and retaining local advocate can often countervail the benefits even if you win your case. More to the point, if you can oblige your antagonist to go to your state, the be to support the claim may be so cost prohibitory that you can effectuate a colony over the claim with out ever appearing in court.

The cardinal to find if the tribunal throws the powerfulness to bind a determination to the suspect is whether personal legal power attaches. In Internet related cases, personal legal power looks at the lower limit contacts the marketer have established in your state. The legal criterion to see is whether their commercial behavior have got been continuous, voluntary, systematic and intentional.

Pursuant to Massachusetts's law, you can coerce a marketer to litigate the claims in the legal power of Bay State if they have filed for a foreign certification of state, which is required of all concerns conducting commercialism in Massachusetts. These companies who make data file are also required to enter a registered agent, who can be sued within the state. This registered agent can be establish on Secretary of the State's website. In improver Rule 4 of the Bay State Rules of Civil Procedure, supplies further way to hail suspects from foreign legal powers into the state.

Yet another method to demo minimal contacts is to show that the marketer is using geo-targeted pay per chink (PPC) Google or Yokel ads, coupled with a history of generating gross from your state.

On the other side of the coin, a bad eBay or Craigslist dealing where a marketer set his or her point for command to anyone, anywhere and where you purchase the item, would likely be held by a tribunal as a deficiency of the aforesaid lower limit contacts.

The underside line is that determining the proper Internet Legal Power is not a simple matter. It necessitate some probe and a cognition of your state's procedural law. It is always a good thought to confer with with an lawyer in your country who have a footing of cognition relating to cyber law.

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Tuesday, November 6, 2007

What Defines a Breach of Contract - Contracts 101

No substance how good both political parties purposes are when entering into a legal agreement, unanticipated fortune can throw things off track. If this forestalls one of the political political parties from fulfilling his end of the deal, it may be considered a breach of contract.

Legal duties are created in a concern contract, and they must be fulfilled by the both parties. Depending on the specific footing of the contract, a breach may happen when one political party neglects to execute on time, makes not execute in conformity with the agreement's terms, or makes not execute at all. Usually, a breach of contract will be categorized as either "material" or "immaterial" in order to make up one's mind the appropriate "remedy" or legal solution.

Generally, both unwritten and written contracts are legally enforceable, so admonish should be taken in entering into handshaking agreements. It's always wise to do certain your understandings are in authorship to guarantee that the contract footing and inside information are not remembered differently, or even forgotten. A breach of contract is defined as a failure to carry through the duties under the agreed upon terms. A contract can be breached if:

- One political political political political party do not execute as promised

- One party makes something devising it impossible for the other 1 to execute the duties of the contract

- One party makes it clear that he or she will not execute the contract's duties

When one or both political parties breach a contract, the other party is entitled to assorted types of remedies. Here are most common redresses sought:

Consequential Damages

The breaching political political political political political party pays the non-breaching party an amount that conveys that party back to the same place they would have got been in if the contract was performed.

Punitive Damages

The breaching party do a payment to the other party as penalty for breaching the contract.

Liquidated Damages

This type of amends is agreed upon as portion of the contract itself, before signing. It qualifies that if one political political political party breaches the contract, that party must pay a specified amount.

Nominal damages

This minimum amount is provided in the event that the non-breaching party wins the lawsuit but endures only minimum fiscal losses. Other redresses for breach of contract may include:

Specific performance

In some circumstances, a tribunal can necessitate the breaching political political party to execute their duties as agreed upon in the contract.

Rescission

Either party is required to execute the contract's obligations, as if there were no understanding signed. If one political political party have performed some of his duties, the tribunal seeks to convey that party back to the same place he or she was in before the contract. The legislative act of restrictions on filing a breach of contract lawsuit changes by state. If a political party makes not register within the state's specified clip limit, he or she loses the ability to seek amends through a breach of contract lawsuit.

It's impossible to completely put out all the fortune that may originate in the course of study of doing business. In some cases, it may even be necessary for compelling concern grounds to transgress a contract effectively written contracts can supply valuable counsel and predictability to the political parties and, if necessary, to the tribunals in determining where they stand.

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