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In Arizona, evergreen clauses, which automatically renew contracts unless one party provides notice of termination, are generally enforceable. However, courts may scrutinize them for fairness and clarity, especially if they could be deemed unconscionable or misleading. It's important for parties to clearly outline the terms and notice requirements in the contract to ensure enforceability. Always consult a legal professional for advice on specific situations.
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Are evergreen clauses constitutional?
Yes, they are Constitutional, but several states have passed strict statutory guidelines that must be followed for the clause to be enforceable. Evergreen clauses automatically renew unless specific cancellation procedures are followed.
Is evergreen clause legal in Ohio?
Yes, evergreen contracts do you apply to Ohio. However in the year 2011 the state of Ohio set out to cancel out the Evergreen clause.
Is evergreen clause legal in California?
yes
What is a evergreen clause used in contracts?
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A contract between Kim and Larry to lease real property contains an exculpatory clause This clause is?
A contract between Kim and Larry to lease real property contains an exculpatory clause. This clause is a. enforceable only if either party is in a business important to the public interest. b. enforceable only if the lease involves residential property. c. generally enforceable as a matter of public policy. d. generally unenforceable.
Is the Evergreen Clause legal in New Mexico?
No. Per NM PRC.
Is evergreen clause in phone contract legal in Texas Can the original 2-year term keep renewing for additional 2-year terms?
Although illegal in some states, evergreen contracts are legal in Texas.
What considerations should be made when including a cohabitation clause in a divorce agreement?
When including a cohabitation clause in a divorce agreement, it is important to consider factors such as defining what constitutes cohabitation, specifying the consequences of cohabitation on support payments or other terms of the agreement, and ensuring that the clause is legally enforceable. It is also important to consult with a legal professional to ensure that the clause is fair and in compliance with relevant laws.
Are evergreen contracts enforceable in every state?
Evergreen contracts, which automatically renew after a specified period unless terminated, are generally enforceable in most states. However, enforceability can vary based on specific state laws, consumer protection statutes, and the contract's clarity regarding renewal terms. Some states may require explicit notice before renewal or impose limitations on automatic renewals to protect consumers. Therefore, it's essential to review state-specific laws and the contract's language to ensure enforceability.
Is an insurer liable if a contractor he has given a performance bond dies without performing?
The insurer is liable in all cases where the contract to preform the work is enforceable. If the contract (not the bond) has an escape clause for death, then no.
Must a contract be in writing to be enforceable in Australia?
No. Verbal contracts can be enforceable.
Is a codicil enforcible that says an heir will be disinherited if he contests any provision of the will?
Yes. A no-contest clause is enforceable in most jurisdictions. However, there are different approaches to no-contest clauses. Some jurisdictions that allow no-contest provisions still allow a contest of the will if there seems to be an obvious defect in the will. You would need to check your state laws to determine the standards used in your jurisdiction. A no-contest clause is also called an in terrorem clause.
