Delaware Continuing Negotiations

State:
Multi-State
Control #:
US-TC05082B
Format:
Word; 
PDF; 
Rich Text
Instant download

Description

This is a continuing negotions addendum to the software/services master agreement order form. The parties will continue to negotiate modifications to the order during the period in which customer may return software to vendor for a full refund.

How to fill out Continuing Negotiations?

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FAQ

(a) No public employee shall strike while in the performance of official duties.

?Good faith? has generally been defined as honesty in a person's conduct during the agreement. The obligation to perform in good faith exists even in contracts that expressly allow either party to terminate the contract for any reason. ?Fair dealing? usually requires more than just honesty.

Delaware employees have the right to organize and join employee organizations, bargain collectively, engage in concerted mutual activities, and be represented without any discrimination. Del. Code tit. 19, § 1303.

Good faith is a broad term that's used to encompass honest dealing. Depending on the exact setting, good faith may require an honest belief or purpose, faithful performance of duties, observance of fair dealing standards, or an absence of fraudulent intent.

Under Delaware law, the implied covenant of good faith and fair dealing attaches to every contract by operation of law and is best understood as an implied term. The purpose of the doctrine is to ensure that parties deal honestly and fairly with each other when addressing a gap or gaps in an agreement.

The Delaware Supreme Court defined bad faith as ?where the fiduciary intentionally acts with a purpose other than that of advancing the best interests of the corporation, where the fiduciary acts with the intent to violate applicable law, or where the fiduciary intentionally fails to act in the face of a known duty to ...

(b) If a purchaser elects to cancel a contract pursuant to subsection (a) of this section, the purchaser may do so by notice to the offeror. Cancellation is without penalty, and all payments made by the purchaser before cancellation must be refunded promptly.

(20) ?Good faith?, except as otherwise provided in Article 5, means honesty in fact and the observance of reasonable commercial standards of fair dealing.

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Delaware Continuing Negotiations