Hawaii Conflict of Terms

State:
Multi-State
Control #:
US-OG-699
Format:
Word; 
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Description

This is simply a short statement that states that, in the event of a conflict between the provisions of one Article and the terms and conditions contained in prior Articles provided for in the Agreement, the parties agree that the provisions of a designated Article shall prevail.

Hawaii Conflict of Terms is a legal concept that pertains to resolving conflicts between different terms or provisions in a contract or legal document in the state of Hawaii. It refers to situations where there is ambiguity, inconsistency, or contradiction between various terms used within the document, leading to potential confusion or dispute. Keywords: Hawaii, Conflict of Terms, legal concept, resolving conflicts, contract, legal document, ambiguity, inconsistency, contradiction, confusion, dispute. There are different types of Hawaii Conflict of Terms that may arise in legal agreements, including: 1. Contradictory Terms: This type of conflict occurs when two or more terms in a contract directly contradict each other, creating ambiguity or confusion. For example, one term may state that payment is due within 30 days, while another term specifies a payment deadline of 45 days. 2. Inconsistent Terms: Inconsistencies arise when different sections or provisions of a contract use different language or terminology to describe the same obligation or condition. These inconsistencies can lead to discrepancies and misunderstandings. For instance, one section may refer to "rent" while another section refers to "lease payment" to denote the same financial obligation. 3. Ambiguous Terms: Ambiguities occur when certain terms or phrases in a contract are unclear, allowing for multiple interpretations. Lack of clarity in contractual language can give rise to disagreements between the parties involved. An example could be the use of a term like "reasonable time" without defining what it means in specific terms. 4. Prioritization of Terms: This type of conflict occurs when there is a hierarchy or order of precedence among different terms within a contract. Sometimes, a contract may explicitly state which term takes precedence over others in case of inconsistency or conflicts. For example, a contract may specify that any addendum or amendment supersedes the original terms of the agreement. 5. Extrinsic Evidence: In certain instances, external evidence or extrinsic factors may come into play to resolve conflicts of terms. This involves looking beyond the words of the contract to interpret the true intention or understanding of the parties involved. Extrinsic evidence can include emails, letters, or oral agreements that may shed light on the disputed terms. In Hawaii, resolving conflicts of terms typically involves careful analysis and interpretation of the entire contract, often with the assistance of legal professionals. The objective is to determine the true intention of the parties and ensure the contract is enforced fairly and equitably. By identifying and addressing conflicts of terms, parties can avoid potential disputes and establish clearer guidelines for their agreements.

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Rule 1.16 - Declining or Terminating Representation (a) Except as stated in paragraph (c), a lawyer shall not represent a client or, where representation has commenced, shall withdraw from the representation of a client if: (1) the representation will result in violation of the Rules of Professional Conduct or other ...

Rule 1.9 - Conflict of Interest: Former Client (a) A lawyer who has formerly represented a client in a matter shall not thereafter represent another person in the same or a substantially related matter in which that person's interests are materially adverse to the interests of the former client unless the former client ...

Rule 1.7 - Conflict of Interest: General Rule (a) Except as provided in paragraph (b), a lawyer shall not represent a client if the representation involves a concurrent conflict of interest.

Under the Hawaii Nonprofit Corporation Act (?Act?) a ?conflict of interest transaction? is a transaction with the corporation in which a director has a direct or indirect interest.

[4] In the case of an organization, this Rule prohibits communications by a lawyer for another person or entity concerning the matter in representation with persons having a managerial responsibility on behalf of the organization, and with any other person whose act or omission in connection with that matter may be ...

Rule 1.10 - Imputation of Conflicts of Interest: General Rule (a) While lawyers are associated in a firm, none of them shall knowingly represent a client when any one of them practicing alone would be prohibited from doing so by Rules 1.7, 1.9, or 2.2 of these Rules, unless the prohibition is based on a personal ...

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The Rules of Professional Conduct often prescribe terms for resolving such conflicts. ... the transfer of the file so that the purchaser may continue the ... Conflict of interest” means an issue in which a director has a direct personal or financial interest not common to other members of the association.Mar 23, 2022 — Research Corporation of the University of Hawaii (RCUH) employees, and 3) UH students. ... The reason for the denial is noted below the term “ ... Note: These provisions do not prohibit a legislator from taking official action as a legislator. CONFLICTS OF INTEREST. Disqualification. You must disqualify ... Rule 1.7 - Conflict of Interest: General Rule (a) Except as provided in paragraph (b), a lawyer shall not represent a client if the representation involves ... (b) A lawyer shall not use information relating to representation of a client to the disadvantage of the client unless the client consents after consultation, ... Sep 3, 2021 — General definitions help fill in the cracks left between more specific ... Without using the term "conflict of interest," state law prohibits a ... Sep 8, 2016 — It is noted that it is a criminal offense to falsify Government records. D. Ethics & Conflicts of Interest. 1) An employee, contractor, or ... SPECIFICATIONS AND SPECIAL PROVISIONS MUST BE DOWNLOADED, FILLED OUT, SIGNED, AND UPLOADED WITH YOUR BID SUBMISSION. ALL QUESTIONS AND REQUESTS FOR ... These Terms and Conditions are governed by the internal substantive laws of the State of Hawaii, without regard to conflict of law principles. If any ...

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Hawaii Conflict of Terms