Maintenance agreement meaning

How to use this Checklist This Checklist flags frequent issues encountered when negotiating and drafting the following agreements: Software support agreement—pro-customer Software support agreement—pro-supplier For background on matters addressed here, see Practice Note: Key issues in software licence agreements. For the main points likely to feature in talks on a software support agreement, see Practice Note: Negotiation guide—IT contracts. Also see Practice Note: Key issues in SaaS and hardware/software maintenance SLAs and Precedent: Service Level Agreement (hardware/software fault resolution support services). This Checklist can also support drafting brief, non-binding heads of terms; for that, see Precedent: Heads of terms—commercial contracts. Checklist schedule for proposed software support agreement Use the third column to note observations or remarks as you progress through the Checklist. Checklist Further information Notes (if any) Parties Confirm each party’s legal status. Check whether any third parties (such as group affiliates) are intended to benefit from the proposed agreement. Confirm whether any...

This Checklist highlights the core considerations under The Competition Act 1998 (Motor Vehicle Agreements Block Exemption) Order 2023 (No 2) (MVBEO) when preparing new vertical agreements, or revising existing ones, concerning motor vehicle aftermarkets for the delivery of repair and maintenance services, or the supply of motor vehicle aftermarket goods (together, the motor vehicle aftermarket). This Checklist is not a full manual to the MVBEO, but is intended for use where a commercial lawyer seeks to verify that a vertical agreement benefits from the MVBEO (and any guidance issued under it). A flowchart appears at the end of this Checklist, outlining the principal steps to follow when determining whether an agreement is covered by the MVBEO. It focuses on vertical arrangements for repair, maintenance, and the distribution of aftermarket goods within the motor vehicle aftermarket specifically. Introduction to MVBEO Any arrangement that affects trade and limits competition in the UK may fall within the Chapter I prohibition on anti-competitive agreements in the Competition Act 1998...

How are section 278 and section 38 agreements revealed? Check the outcome of the local search and the seller’s replies to enquiries. A section 278 agreement will only be registrable as local land charges if: it has been entered into pursuant to an obligation in a s 106 agreement; or the highway authority (HA) has declared that there has been a financial default under the agreement. Section 278 agreements Section 278 agreements are used where a developer requires off-site work (other than simple access) to be carried out to a highway. The HA may design and construct the highway works at the developer’s expense. Alternatively, the agreement can appoint the developer as the HA’s agent to undertake the works, in which case a bond must support the agreement. If the developer carries out the works, a certificate of practical completion is issued once the HA engineer is satisfied that the works are complete. Following successful completion of a 12-month maintenance period,...

Simkova v Secretary of State for Work and Pensions [2025] UKSC 41 What are the practical implications of this case? First, it is settled that EU nationals living in the UK, whose children reside in an EU member state, cannot receive the Universal Credit child element for those children. This holds even where the parent pays towards the children’s maintenance and support, notwithstanding the realities of cross‑border family life. Second, the judgment shows the courts continue to grapple with dense EU law even after Brexit, specifically in areas where the UK‑EU Withdrawal Agreement preserves direct effect. It underscores the ongoing need to interpret and apply those preserved rules when they bear on disputes arising in the domestic benefits system, for cases such as this. Third, this appeal did not give the Supreme Court an opportunity to define the scope of its discretion to seek a CJEU ruling on a question under Part Two of the Agreement concerning citizens’ rights. That discretion applies only to proceedings...

In a 31-page published opinion, the Eleventh Circuit overturned the lower court’s dismissal of Alabama Aircraft Industries Inc, formerly Pemco, under the Missouri Trade Secrets Act, but clarified that unjust enrichment is the sole remedy it can obtain against Boeing, as the parties’ contracts blocked all other avenues of relief AAI might pursue. The decision is the latest turn in a years-long trade secret misappropriation and breach of contract dispute first brought in 2011. AAI claimed Boeing pursued a prolonged strategy to capture a lucrative US Air Force contract for servicing the KC-135 aerial refuelling aircraft, a contract AAI said it had held for decades. The companies initially agreed in the 2000s to team up on a maintenance bid. However, AAI alleged Boeing later excluded it from the arrangement and then secured the award by pricing just 1% below AAI’s proposal. When the matter finally went to trial in 2020, a jury awarded AAI more than US$2 m for Boeing’s alleged conduct, which included breaching a non-disclosure agreement and their...

In this issue: Social housing Education Planning Local government finance Public procurement Governance Healthcare Social care Licensing Environmental law and climate change LexTalk®Local Government: a Lexis®Nexis community Daily and weekly news alerts New and updated content Social housing Local authority successful in Court of Appeal on suitability of accommodation offered in performance of prevention duty (Fatolahzadeh v LB of Barnet) Fatolahzadeh v LB of Barnet saw Genevieve Screeche-Powell represent the council, which prevailed in resisting a Housing Act 1996 (HA 1996), section 204 appeal pursued by a homeless applicant. Two central issues of principle arose: (i) whether Parliament intended that an alleged non-compliance with the ‘new’ HA 1996, s 189A duties should automatically vitiate any later decision taken to meet the duty to secure suitable accommodation; and (ii) the extent to which the section 202 review procedure can rectify asserted shortcomings. This marks the first occasion on which the Court...

FORTHCOMING CHANGE relating to the modernisation of stamp taxes on shares framework: In 2027, stamp duty and SDRT are set to be superseded by a single, self‑assessed tax on securities — the securities transfer charge (STC) — to be paid and reported via a new online portal. The STC’s core features are expected to broadly reflect the proposals consulted on in 2023. Finance Act 2026 (FA 2026) confers a power for secondary legislation to let taxpayers trial the digital service, self‑assessing their stamp taxes on securities liabilities and submitting transactions electronically. For further details on the modernisation of stamp taxes on securities, see: News Analyses: Budget 2025—Tax analysis—Stamp and transfer taxes Tax update spring 2025—Stamp taxes on shares modernisation Tax update spring 2025—Tax analysis—Stamp and transfer taxes TAMD 2023—Stamp taxes on shares modernisation TAMD 2023—consultation—stamp taxes on shares Tax Administration and Maintenance Day—27 April 2023—Stamp and transfer taxes The government also consulted on modernising and clarifying...

This Practice Note summarises several of the principal ways in which a residential flat project can be structured. It provides an overview of alternative leasehold flat arrangements for both developers and purchasers of residential flats. A central issue in residential leasehold developments is securing adequate, enforceable covenants for the repair, maintenance and insurance of the shared parts of the development (that is, the structure, foundations, roof, principal walls, internal and external communal areas and common services). It also addresses how obligations for the common parts are allocated among the key parties. The following structures, and their differing approaches to apportioning responsibility for the shared parts between landlords, management companies and tenants, are considered: developer/landlord retains the reversion and the management role developer/landlord keeps the reversion but outsources management duties developer/landlord keeps the reversion while tenants assume management duties developer/landlord transfers the reversion and management functions to the tenants ‘criss-cross’ or ‘crossover’ arrangement ‘cat’s cradle’ arrangement This Practice...

Practice Note This Practice Note outlines the formal and practical considerations relevant to taking instructions, preparing, and advising on a marital or civil partnership agreement, along with the overarching principles. It encompasses pre-nuptial (pre-marital), post-nuptial, separation and maintenance agreements. It also addresses vitiating factors, reviews, variation, and inheritance issues. Following the Supreme Court ruling in Radmacher (formerly Granatino) v Granatino, such an agreement may prove 'decisive' so long as it is 'fair'. The method of drafting and the observance of formal requirements surrounding a marital or civil partnership agreement can be pivotal when assessing if, and to what degree, the agreement will be enforced. No party should sign an agreement without the intention to be bound by its terms. Each party ought to be given the chance to obtain independent legal advice on the agreement’s provisions, see Practice Note: Marital and civil partnership agreements—independent legal advice. Financial disclosure should likewise be exchanged, see Practice Note: Marital and civil partnership agreements—disclosure. See also Practice Notes: Implications of pre-nuptial agreements within...

STOP PRESS: THE NEW ELECTRONIC COMMUNICATIONS CODE CAME INTO FORCE ON 28 DECEMBER 2017. This precedent was prepared against the backdrop of the former Code, and its substance may still be pertinent for the transitional arrangements contained in the new Code. It remains useful context. The transitional arrangements in the new Code, set out in Schedule 2 to the Digital Economy Act 2017, state that existing agreements under the former Code (ie an agreement under paragraph 2 or 3, or a court order conferring Code rights under paragraph 5 of the former Code) will continue to have effect once the new Code commences, albeit with certain modifications. For added detail on the transitional arrangements, see: New Electronic Communications Code—Code rights—Transitional provisions (Schedule 2 DEA 2017). For further information regarding the new Code, please consult Practice Notes: New Electronic Communications Code—Code rights and New Electronic Communications Code—terminating and modifying Code rights. The City of London Law Society published a new Digital Fixed Line Infrastructure Agreement for the New Electronic Communications...

£[ insert number ] [ insert rate ]% convertible [ subordinated ] redeemable loan notes 20[ insert year ] [ insert name of issuer ] This Instrument bears the date [ insert day and month ] 20[ insert year ]. Parties [ Insert name of issuing company ], incorporated in England and Wales under number [ insert company number ], whose registered office is at [ insert address ] (Issuer) background The Issuer has determined to establish up to a maximum nominal amount of £[ insert number ] [ insert rate ]% convertible [ subordinated ] redeemable loan notes, which shall be constituted in accordance with the provisions set out in this document...

This note offers broad guidance on financial support for children. Your family solicitor can give tailored advice to suit your particular circumstances and needs. Child maintenance Under the law relating to child maintenance (also called child support), the court is generally unable to make a child maintenance order other than by the parties’ consent (agreement), except where certain exceptions apply. Any consent order for a child’s maintenance binds for only one year, after which either parent may seek a calculation from the Child Maintenance Service (CMS), if they wish to do so. Where you and the other parent cannot settle the level of maintenance, either party can apply to the CMS for a formal assessment...

Section 38 agreements These agreements fall under section 38 of the Highways Act 1980; refer to Practice Note: Highways—adoption agreements. There is no statutory route by which agreements can be ended or ‘cancelled’. However, a section 38 agreement may, in principle, be altered by a deed of variation, but this requires consent of all parties to the original agreement...

Paragraph 7(2) of Schedule 4 to the Electricity Act 1989 (EA 1989) states that: When a right granted by a wayleave is exercised and damage is caused to land or moveables, any person with an interest in that land or those moveables may claim compensation from the licence holder for the damage. Likewise, where using such a right disrupts someone’s enjoyment of any land or moveables, that individual may recover compensation from the licence holder for the disturbance. The EA 1989 empowers entities permitted to generate, transport or supply electricity to obtain a wayleave to place an electric line on, under or over private land, together with access rights for inspection, maintenance and replacement...

Tithes Tithes represent a tenth share of all produce—praedial, personal, and mixed—owed to God and, by extension, to the ministers of His church for their support and maintenance. They fall due annually on everything that, with husbandry, yields increase through the act of God, even if that increase is not realised in each year, the obligation nonetheless arising from such productive potential... Tithe rentcharges The difficulty of gathering tithe in kind, coupled with the variable income it produced, prompted early moves to compound tithes: voluntary arrangements termed ‘moduses’ or compositions real, and those established by local or general statutes referred to as ‘corn rents’ or tithe rentcharges. Then, in 1836, a formal process was set out for commuting all tithes into tithe rentcharges, whether achieved by agreement or enforced by compulsion; in practice, almost all tithes have subsequently been so commuted...