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Topic: Executive agreement


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In the News (Mon 13 Oct 08)

  
  Executive agreement - Wikipedia, the free encyclopedia
An executive agreement can only be negotiated and entered into through the president's authority (1) in foreign policy, (2) as commander-in-chief of the armed forces, or (3) from a prior act of Congress.
If an agreement was in the competence of the United States Congress, it would need to become a congressional-executive agreement or a treaty with Senate advice and consent.
If an agreement was neither within the competence of Congress nor within the competence of the President (as for example an agreement which would affect powers reserved to the states), it could still be adopted by the President/Senate method but must not conflict with the United States Constitution.
en.wikipedia.org /wiki/Executive_agreement   (341 words)

  
 Preview | Executive Agreement | Scott M. Bracale; Too Inc
EXECUTIVE AGREEMENT (SCOTT M. THIS IS AN AGREEMENT between TOO, INC., a Delaware corporation (the "Corporation"), with its principal office located at 3885 Morse Road, Columbus, Ohio 43219, and SCOTT M. BRACALE (the "Executive"), effective as of September 15, 2000.
The Executive is a key executive officer of the Corporation and the Executive's services, experience and knowledge of the affairs of the Corporation, and reputation and contacts in the industry are extremely valuable to the Corporation.
The Executive's continued dedication, availability, advice, and counsel to the Corporation are deemed important to the Corporation, its Board of Directors (the "Board"), and its shareholders.
library.consusgroup.com /library_pvw/165/165148.asp   (337 words)

  
 Managerial And Executive Employment Agreements: Drafting An Agreement That Protects Your Company And Is Acceptable To ...   (Site not responding. Last check: 2007-10-19)
If the executive is not performing to the company’s expectations, an open-ended contract, unlike one with an express term, may not provide the necessary impetus to force the company to decide whether it wants to renew the executive’s contract or begin recruiting her replacement.
The primary purpose for a consulting agreement is to encourage the executive to assist the company in achieving a smooth transition of duties to the successor.
If this is the case, the employment agreement should clearly indicate that the individual is an employee, not an independent contractor, by specifying that the individual cannot work for any competitor and that the company maintains the right of control over the individual’s work in the industry.
www.cdhkk.com /About/mgrexecagreements.html   (3510 words)

  
 Orchid Biosciences - Pfost: C.E.O. Employment Agreement
In this respect the Executive is currently serving on two such boards of directors and agrees to resign from either or both with six months' advance written notice should the Board of the Company decide that continuation of these directorships would not be in the best interests of the Company.
Upon the execution of this ------------------------------------- Employment Agreement, the Company shall pay to the Executive a one-time sign-on bonus in the amount of $50,000, which shall be in the form of a non-recourse loan to the Executive, the repayment of which shall be forgiven monthly over a three-year period, calculated as of the Effective Date.
This Employment Agreement shall be terminated by the death of ----- the Executive.
vls.law.vill.edu /prof/cohen/web/BusinessAcquisitions/BusAcq-F05/EmployAgmnt-OrchidBio-CEO.htm   (3772 words)

  
 Congressional-executive agreement - Wikipedia, the free encyclopedia
A congressional-executive agreement is an agreement with a foreign power that has been approved by U.S. Congress and the United States.
In contrast, a sole executive agreement is ratified by the President alone.
CEAs are often used to implement trade agreements such as the North American Free Trade Agreement and United States accession to the World Trade Organization.
en.wikipedia.org /wiki/Congressional-executive_agreement   (194 words)

  
 Professional Practice Statements
The agreement should set forth the length of notice that must be provided, as well as the rights and obligations of each party during the notice period.
The agreement should provide the CEO with a minimum of one year's total compensation (salary and benefits) upon termination by the board "without cause," with the ability to accrue additional severance pay depending on the tenure in the position and other contractual agreements.
The agreement should reflect the association's agreement to indemnify the CEO for any liability and expenses arising from the performance of his or her duties, except those involving gross negligence or willful misconduct, within the scope of controlling law.
www.associationforum.org /resources/practiceDetail.asp?objectID=817   (1229 words)

  
 AGREEMENT   (Site not responding. Last check: 2007-10-19)
During the period of his employment under this Agreement, the Executive also agrees to serve, for the period for which he is and shall from time to time be elected, as Chairman of the Board of Directors of the Company and as an officer and director of any subsidiary or affiliate of the Company.
In the event that the Executive shall continue in the full-time employment of the Company after the period from the Effective Date to the date on which he shall attain the age of 62, as such period may have been extended, such continued employment shall be subject to the terms and conditions of this Agreement.
If the Executive does not have a spouse at the time of such termination of his employment, then the calculation provided for in the next preceding sentence shall be made on the assumption that he had a spouse, his own age, at such time.
www.thecorporatelibrary.com /companies/c/cah/ceo_cha_hb.html   (5672 words)

  
 The Corporate Library - CEO Contract Study - SNV   (Site not responding. Last check: 2007-10-19)
The term "Disability" for purposes of this Agreement means a bodily or mental illness, disease or injury to the extent that, in the reasonable judgment of the Board, it prevents Executive from performing his material and substantial duties and responsibilities under this Agreement.
Executive shall be eligible to participate in the Synovus Financial Corp. Incentive Bonus Plan (as amended from time to time), in the SYNOVUS Long-Term Incentive Plan(s), and the various welfare and fringe benefit plans and the tax qualified retirement plans as adopted by SYNOVUS.
This Agreement shall be for the benefit of, and shall be binding upon, SYNOVUS and Executive and their respective heirs, personal representatives, legal representatives, successors and assigns, subject, however, to the provisions in Section 7.1 of this Agreement.
www.thecorporatelibrary.com /companies/s/snv/ceo_snv.htm   (1213 words)

  
 Preview | Executive Employment Agreement |
Upon the termination of this Agreement, Executive shall be entitled to
Executive as of the date of termination of this Agreement.
Executive is employed by Employer as its Chief Executive Officer and
library.consusgroup.com /library_pvw/337/337575.asp   (905 words)

  
 RESEARCHING EXECUTIVE AGREEMENTS
Congressional-Executive Agreements (international trade agreements as authorized by statute, such as the Omnibus Trade and Competitiveness Act of 1988 and the Trade Act of 1974 authorizes the President to enter into executive agreements).
Cumulation of Executive Agreements in numerical order, the number for which is chronologically generated based on the order of issue from the press.
Part I of the book indexes agreements by country and then by subject within the country; Part II is a subject index and then alphabetically by country; Part III is a chronologically organized table of agreements; Part IV is a citation table cross-referencing various numbering systems for the agreements.
www.loc.gov /rr/law/speakernotes.htm   (2762 words)

  
 DAMES & MOORE v. REGAN, 453 U.S. 654 (1981)
That dispute involves various Executive Orders and regulations by which the President nullified attachments and liens on Iranian assets in the United States, directed that these assets be transferred to Iran, and suspended claims against Iran that may be presented to an International Claims Tribunal.
Thereafter, petitioner attempted to execute the judgment by obtaining writs of garnishment and execution in state court in the State of Washington, and a sheriff's sale of Iranian property in Washington was noticed to satisfy the judgment.
In its complaint, petitioner alleged that the actions of the President and the Secretary of the Treasury implementing the Agreement with Iran were beyond their statutory and constitutional powers and, in any event, were unconstitutional to the extent they adversely affect petitioner's final judgment against the Government of Iran...
www.law.umkc.edu /faculty/projects/ftrials/conlaw/dames.html   (1835 words)

  
 Terms - Executive Gay Dating
You agree that it will be governed by the laws of Texas and any disputes arising out of this Agreement will be subject to the courts of the state of Texas and the federal courts applicable within the state.
Executive Gay Dating has the right to assign any or all of its rights and duties under this Agreement or to the Service to any third party.
At the election of Executive Gay Dating, if Executive Gay Dating's obligations hereunder are assumed by a third party, Executive Gay Dating shall be relieved of any and all liability under this Agreement.
www.executivegaydating.com /terms.asp   (1574 words)

  
 VALIDITY OF CONGRESSIONAL-EXECUTIVE AGREEMENTS THAT SUBSTANTIALLY MODIFY THE UNITED STATES' OBLIGATIONS UNDER AN ...
Amendment or modification of an international agreement by consent of the parties is recognition of the fact that consent is the basis of international agreements.
We note, however, that the Executive branch has taken the position that the President possesses the authority to terminate a treaty in accordance with its terms by his unilateral action, and a plurality of the Supreme Court concluded that the issue was a non-justiciable political question.
The executive agreements that past Presidents have concluded under the Commander in Chief authority have often been "important compacts," such as the armistice, or peace protocol, with Spain, of August 12, 1898, establishing the basis of the conditions for ending the Spanish-American War.
www.usdoj.gov /olc/treaty.top.htm   (5243 words)

  
 FindLaw - Executive Employment Agreement - Halliburton Co. and Richard B. Cheney
This Agreement shall be governed in all respects by the laws of the State of Texas, excluding any conflict-of-law rule or principle that might refer to the laws of another State or country.
This Agreement shall be binding upon and inure to the benefit of Employer and any other person, association, or entity which may hereafter acquire or succeed to all or substantially all of the business or assets of Employer by any means whether direct or indirect, by purchase, merger, consolidation, or otherwise.
This Agreement shall be governed by, and construed in accordance with, the laws of the State of Texas, excluding any conflict-of-law rule or principle that might refer to the laws of another State or country.
contracts.corporate.findlaw.com /agreements/halliburton/cheney.emp.1995.10.01.html   (4728 words)

  
 LLRX.com - Researching U.S. Treaties and Agreements
An agreement "enters into force" when the terms for entry into force as specified in the agreement are met.
Regardless of whether an international agreement is called a convention, agreement, protocol, accord, etc.; if it is submitted to the Senate for advice and consent, it is considered a treaty under United States law.
Agreements based on the President’s Constitutional authority (executive agreements), agreements pursuant to legislation or Congressional-Executive agreement, and agreements pursuant to treaty (authorization is based on a treaty previously ratified by U.S.).
www.llrx.com /features/ustreaty.htm   (3941 words)

  
 FindLaw - Executive Employment Agreement - Enron Corp. and Joseph W. Sutton
This Agreement is an amendment to the Executive Employment Agreement, and the parties agree that all other terms, conditions and stipulations contained in the Executive Employment Agreement shall remain in full force and effect and without any change or modification, except as provided herein.
Exhibit "A" to the Employment Agreement is hereby deleted in its entirety and the attached Exhibit "A" is inserted in its entirety.
This Agreement shall be governed in all respects by the laws of the state of Texas, excluding any conflict-of-law rule or principle that might refer the construction of the Agreement to the laws of another state or country.
contracts.corporate.findlaw.com /agreements/enron/sutton.emp.1999.05.05.html   (4172 words)

  
 Karl Rove's Nondisclosure Agreement   (Site not responding. Last check: 2007-10-19)
Under the nondisclosure agreement and the applicable executive order, even "negligent" disclosures to reporters are grounds for revocation of a security clearance or dismissal.
Karl Rove's Nondisclosure Agreement Today, news reports revealed that Karl Rove, the White House Deputy Chief of Staff and the President's top political advisor, confirmed the identity of covert CIA official Valerie Plame Wilson with Robert Novak on July 8, 2003, six days before Mr.
Executive Order 12958 governs how federal employees are awarded security clearances in order to obtain access to classified information.
www.rense.com /general67/non.htm   (847 words)

  
 Executive Compensation Agreement Employment Contract Negotiation
Traditionally, the term used to describe these contracts was “executive compensation agreement,” but these agreements are used for a variety of positions.
Knowing what the other party is looking for in an agreement gives us the best ability to negotiate for our client’s needs while taking as little away from the other side as possible.
Someone has to draft that agreement (or if we have been working with an agreement, edit it.) Making sure that the written agreement actually says what we mean is just as important as negotiating the points.
www.madufflaw.com /employment   (599 words)

  
 Cysive - Executive Employment Agreement   (Site not responding. Last check: 2007-10-19)
Executive shall report to the Chief Executive Officer and Executive shall devote his best efforts and of his full business time and attention to the business and affairs of the Company and its Subsidiaries.
In addition, Executive shall be eligible to receive an annual bonus (commencing with the Company's fiscal year ending December 31, 1999) of up to 60% of Executive's Base Salary based upon the Company's achievement of budgetary and other objectives set by the Board (the "BASE BONUS").
In addition, Executive shall be eligible to receive an additional bonus as determined by the Board and consistent with the Company's past practices if the Company achieves budgetary and other objectives in excess of those set by the Board.
www.techagreements.com /Agreement-Preview.asp?num=38379   (656 words)

  
 New Zealand Government Executive - Coalition Agreement
The coalition government will operate within the convention of collective cabinet responsibility, subject to the provisions of this agreement, and the expectation is that cabinet decisions will be taken by consensus.
There will be a standing coalition management committee comprising the two leaders, their deputies and the two senior whips.
The parties accept that the executive is responsible to the people through Parliament, and this requires a government policy programme which appropriately balances the electoral platforms of the two parties within overall government policy.
www.executive.govt.nz /coalition   (517 words)

  
 Karl Rove 's Nondisclosure Agreement : SF Indymedia   (Site not responding. Last check: 2007-10-19)
Rove, through his attorney, has raised the implication that there is a distinction between releasing classified information to someone not authorized to receive it and confirming classified information from someone not authorized to have it.
In fact, the nondisclosure agreement and the executive order require sanctions against security clearance holders who "knowingly, willfully, or negligently" disclose classified information.[6] The sanctions for such a breach include "reprimand, suspension without pay, removal, termination of classification authority, loss or denial of access to classified information, or other sanctions."[7]
The executive order specifically provides that when a breach occurs, each agency must "take appropriate and prompt corrective action."[8] This includes a determination of whether individual employees improperly disseminated or obtained access to classified information.
sf.indymedia.org /news/2005/07/1717239.php   (847 words)

  
 Executive Secretary Agreement, September 15, 1971, for Bonnie R. Pond
EXECUTIVE SECRETstRY AGREEMENT /f x THIS AGREEMENT made and entered into this day of, LycL.i, 1971, by and between Intermountain Ski Instructors Association, a Utah non-orofit corporation, duly organized and existing under and.
Fifth: The Agreement may be cancelled at the option of either party hereto upon fifteen (15) days written notice to the other party.
Sixth: A mutually agreed consideration for this Agreement is the personal reputation and qualifications of the respective parties and accordingly the rights under this Agreement are not assignable nor subject to delegation.
www.lib.utah.edu /epubs/accn425/bx5/fd12/004.html   (412 words)

  
 EXECUTIVE AGREEMENT   (Site not responding. Last check: 2007-10-19)
Used In An international agreement entered into by the President, outside of the treaty ratification process.
Congress can express its opposition to any particular executive agreement by withholding the necessary implementing legislation.
The President's authority to negotiate executive agreement flows from two sources: the power granted him in the Constitution as chief executive, and/or specific powers delegated to him by earlier act of Congress.
www.c-span.org /guide/congress/glossary/execagreement.htm   (105 words)

  
 USA Domains Account Executive System - Account Executive Support Area   (Site not responding. Last check: 2007-10-19)
Account Executive understands that this appointment is not "exclusive" and that USA Domains reserves the right to market and sell Services through its own employees and/or appoint other authorized sales representatives ("AE's"), both within and outside of the geographic areas in which Account Executive operates.
This Agreement shall be construed in accordance with the laws of the state of North Carolina regardless of its choice of laws provision.
This Agreement, the Exhibits hereto, each as amended from time to time, constitute the entire understanding between the parties in relation to the subject matter hereof and supersede all prior discussions, agreements and representations, whether oral or written and whether or not executed by USA Domains or Account Executive.
www.armenianradio.com /reps/ae_agreement.html   (2467 words)

  
 BASA - Executive Agreement
For the Government of the United States of America, the executive agent shall be the Federal Aviation Administration (FAA) of the Department of Transportation.
B. In the event of any inconsistency between the 1970 Agreement and this Agreement, which arises while the 1970 Agreement remains in force, the provisions of this Agreement shall prevail unless otherwise agreed by the Contracting Parties.
ARTICLE VI This Agreement shall enter into force when the Contracting Parties have notified each other in writing that their respective requirements for the entry into force of this Agreement have been satisfied, and shall remain in force until terminated by either Contracting Party.
www.caa.govt.nz /publicinfo/BASA-EA.htm   (936 words)

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