24. ENTIRE AGREEMENT; SEVERABILITY. This EULA (including any addendum or amendment to this EULA which is included with the Software) are the entire agreement between you and Microsoft relating to the Software and the support services (if any) and they supersede all prior or contemporaneous oral or written communications, proposals, and representations with respect to the Software or any other subject matter covered by this EULA.
(from: uk.legal.moderated)
I know of a case where a Crown Court Judge, while on the one hand making a specific point of saying that he was giving the defendant
full credit for pleading guilty, on the other hand said that he noted that the defendant hadn't pleaded guilty until as late as the pleas
and directions hearing (which is the first occasion on which the defendant *can* plead at all!).
14：Guilty plea (with full credit apparently)：2004/09/06(月) 02:08
この後にこういう文が出てくる。
Aggravating: Position of trust
Mitigating: Guilty plea (with full credit apparently)
「... with xxx」 の xxxの部分が結果になってるのは良くある事。accident with fatalities, mistake with dire consequences
>> He has pled guilty with full credit．
>> He is married with two children. ← 鬼畜ロリコン重婚者じゃないよ。
>> If any order is issued under a Federal Government contract or higher-tier subcontract, the following Federal Acquisition Regulations ("FAR") are hereby incorporated.
I suppose the govt is issuing the order(s), not the other way around.
I think that people who've commented already had good comments.
I agree with: "Federal Government contractと同等もしくは、それ以上の効力を有する"
Fed.Govt. (agency) orders to [high-level entity], which subcontracts the order to a company.
and FAR applies to the subcontract.
FAR 12.505, Applicability of Certain Laws to Contracts and Subcontracts for the Acquisition of COTS Items, would be added. It would cite the laws that are "not applicable to contracts or subcontracts, at any tier, for the acquisition of COTS items."
http://www.murray-lobb.com/construction.html
The Act distinguishes between suppliers who have a direct contract with the prime contractor and those who do not. They are classified as either first-tier or second-tier subcontractors. Definitions are very important under the Miller Act.
First-tier claimants, are those who provide labor or materials directly to the prime contractor and are not subject to any notice requirements. A first-tier claimant need only wait 90 days from the date on which the last of their labor was performed or materials supplied to file suit. However, suit must be filed within one year from the last date labor or material was supplied.
A second-tier subcontractor is one who has a contractual relationship with a subcontractor of the prime contractor. Second-tier claimants must give timely notice of their claim.
http://www.acqnet.gov/far/97-09/html/52_000.html
"Subcontractor," as used in this clause, (1) means any person, other than the prime Contractor, who offers to furnish or furnishes any supplies, materials, equipment, or services of any kind under a prime contract or a subcontract entered into in connection with such prime contract, and (2) includes any person who offers to furnish or furnishes general supplies to the prime Contractor or a higher tier subcontractor.
Japanese municipalities seem to be using the term 元請 in a broader sense.
According to the definition cited below, the prime contractor is of course 元請, but all the higher-tier subcontractors are also 元請 when viewed from the side of a lower-tier subcontractor.
Etymology: Middle French tire rank, from Old French -- more at ATTIRE
Etymology: Middle English, from Old French atirier, from a- (from Latin ad-) + tire order, rank, of Germanic origin; akin to Old English tIr glory, ornament
http://www.murray-lobb.com/construction.html
The Act distinguishes between suppliers who have a direct contract with the prime contractor and those who do not. They are classified as either first-tier or second-tier subcontractors.
"The ship will self-destruct in T minus 6 minutes"
"The ship will self-destruct in T minus 5 minutes"
"The ship will self-destruct in T minus 4 minutes"
>> Maybe it means "calendar days" (day intervals) rather than "business days"
違うみたい。
net 30 days は会計（決算？）の基本コンセプトみたい。
Take the case of another ABC company.
ABC makes a new widget.
They produce the widget at $0.75 a piece and sell it for $1.
They always keep 30 days supply in inventory
They always pay their bills promptly
They allow customers to pay in 30 days (net 30 days)
>> Maybe it means "calendar days" (day intervals) rather than "business days"
違うみたい。
net 30 days は会計（決算？）の基本コンセプトみたい。
Take the case of another ABC company.
ABC makes a new widget.
They produce the widget at $0.75 a piece and sell it for $1.
They always keep 30 days supply in inventory
They always pay their bills promptly
They allow customers to pay in 30 days (net 30 days)
１。Account Receivable is money which is owed to a company by a customer for products and services provided on credit. Treated as a current asset on a balance sheet.
売掛金（勘定）、受取勘定、未収金（勘定）、売上債権、掛売勘定、債権勘定
２。受け取り勘定 （受取債権？）receivables: Claims for money, goods, or services.
net 30 days の意味は ３０日すると以上の１が２になるということ？
罰金・利息が付くかもしれないし、回収（Collection）の問題になる。
「at 60 days at sight」は明らかに誤りと思われます。
「at sight」はユーザンスがない「一覧払い」の場合に使う言い方です。
60日払いなら「at 60 days after sight」、または60 daysをsightに直接かけて「at 60 days sight」（この場合日本語化した「サイト」と同じでtermと同義になります）とするのが通常の表現です。
"Without acknowledging that the Parties have any viable Claims against each other, as to any Claims that may be brought by either of the Parties, the Parties agree to toll the running of any applicable statute of limitations and to waive any defenses, arising out of the passage of time from the date of this Agreement through its termination date, including the defenses of laches and equitable estoppel."
Chiron, the patentee, and LabCorp., the accused infringer, were negotiating to extend a Standstill Agreement for on-going license discussions. The negotiations continued after the Standstill Agreement expired, but were unsuccessful.
ライセンスするのを待つのはあるだろうが、出訴期限を延ばすことが双方だけの合意で出来るのか？
Standstill Agreement
OTC can agree to refrain from licensing the technology to others for a defined period of time; usually signed with a faculty inventor prior to creation of a start-up company.
It's quite difficult to exaggerate the influence of Japan's postal system on the nation. The latest example: Monday, a national election was called after parliament failed to privatize Japan Post, which is the world's largest financial institution.
Yes, ever since Japan emerged from the days of the samurai, its post offices have served as a secure savings bank for Japanese. Today, Japan Post controls nearly $3 trillion, or a quarter of all personal assets in Japan. Its money fueled a postwar recovery in a sort of financial socialism, backing the Toyotas and Toshibas to conquer foreign markets. Japan Post was the base for Japan Inc.
Unfortunately, it was also a giant piggy bank for the often-wasteful pork-barrel projects of the ruling Liberal Democratic Party (LDP), helping keep the party in power for decades. And the 280,000 postal employees and their families also have been the LDP's big vote-getters.
But for the world's second-largest economy, heavily in debt and caught in a decade-long stagnation, this great misallocation of financial assets has to be fixed. Privatization would also reduce the number of government workers by a third.
The LDP knows this must happen some day, but in a vote on Monday, its old guard couldn't shake off its old ways of power and patronage. To his credit, the dashing reformist prime minister, Junoichi Koizumi, dissolved the lower house and is taking the issue directly to the people in a Sept. 11 election. His bold action will split the LDP, and possibly force both him and it out of power. But that's a price he's willing to pay to wean Japan from its destructive money politics and planned economy. Many other necessary government reforms rely on privatizing Japan Post.
Mr. Koizumi's courage to reshape his country is rare for a Japanese politician. Voters should support him.
People commonly refer to a good and docile person as "one who can live without laws." According to a western proverb, "good lawyers make bad neighbors." Thus it seems that the ordinary person does not view "law" as only a good thing.
Society, however, must carry on community life, and therefore needs standards and rules; in fact, laws have become indispensable in solving the disputes and quarrels that arise among different social constituents.
For this reason we have created various forms of laws to sustain the social base. Since we live in a "law-abiding society," we look to the law for final judgment in cases of arguments and conflicts. The solution of a dispute by law is thus a more positive attempt to settle a problem when compromise, arbitration or agreement has not produced results.
There is one more proverb to mention as a possible influence, the common European proverb "A good lawyer, an evil neighbour," which has been traced back to Randle Cotgrave's A Dictionarie of the French and English Tongue of 1611 (Cotgrave 1970, sub Avocat; see also Smith 1935, 12; Stevenson 1948, 1370; Apperson 1969, 353; Whiting 1977, 255; Mieder et al. 1992, 365). The early American minister and writer Cotton Mather stated in 1710: "There has been an old Complaint, That a Good Lawyer seldom is a good Neighbour," and Benjamin Franklin cited it in June 1737 in his Poor Richard's Almanack as "A good Lawyer, a bad Neighbour" (Brooks 1979, 50; see also Barbour 1974, 116; Whiting 1977, 355). The meaning of this proverb is that lawyers make bad neighbours because they might use their legal knowledge against a trusting neighbour. It exists also in a slightly expanded variant, "A good lawyer makes a bad neighbour" (Pickering 1997, 156).
