Good faith

It may be appropriate to request that candidate tollers provide contacts at previous client facilities to allow general inquiries about their performance. This allows a company seeking a toller to determine whether the safety, environmental and quality programs are truly implemented as written. In addition, it can reveal whether the candidates made good faith efforts to meet contractual obligations. 

If any provision of this Agreement or the application thereof to any person or circumstance will, for any reason, and to any extent, be held to be invalid or unenforceable under applicable law, such provision will be deemed limited or modified to the extent necessary to make the same valid and enforceable under applicable law. If such invalidity becomes known or apparent to [insert company name] and to Seller, [insert company name] and Seller agree to negotiate promptly in good faith in an attempt to make appropriate changes and adjustments to achieve as closely as possible, consistent with applicable law, the intent and spirit of such invalid provision. 

The advice is given in good faith but without warranty. Readers should satisfy themselves that it applies to their circumstances. In fact, you may feel that some of my recommendations are not appropriate for your company. Fair enough, but if the incidents could occur in your company, and you do not wish to adopt my advice, then please do something else instead. But do not ignore the incidents. 

Source Adapted from Ref. 1. Information in Table 2 is reproduced from technical literature by permission of ICI Surfactants subject to the following disclaimer The information and recommendations in this publication arc believed to be accurate and arc given in good faith, but the Customer should sati.sfy itself of the suitability of the contents for a particular purpose. ICI gives no warranty as to the fitness of the Product information and recommendations for any particular purpose and any implied warranty or condition (statutory or otherwise) is excluded except that such exclusion is prevented by law. Freedom under Patent, Copyright and Designs cannot be assumed."... 

The material in this book vvas prepared in good faith and carefully reviewed and edited. The author and publisher, however, cannot be held liable for errors of any sort in these chapters. Furthermore, because the author has no means of checking the reliability of some of the data presented in the public literature, but can only examine it for suitability for the intended purpose herein, this information cannot be w arranted. Also because the author cannot vouch for the experience or technical capability of the user of the information and the suitability of the information for the user s purpose, the use of the contents must be at the best judgment of the user. 

Rhodia, Inc. has provided for the compilation of the information in this document as a part of an effort by its employees to collect and share their experience and expertise in safety, loss prevention and security. The contributors to this document believe the information provided is accurate, and they have provided this information in good faith. However, no warranty, express or implied, is given by Rhodia, Inc. Other than Rhodia, Inc. employees, those who use this document should use their independent judgment in evaluating information contained herein, and assume the risk for using the information provided in this document. The user is solely responsible for compliance with applicable laws and regulations. 

The maintenance of standards of commercial ethics and the encouragement of invention are broadly stated policies behind trade secret law. The necessity of good faith and honest, fair dealing, is the very life and spirit of the commercial world. .. . ... 

Without impartial controls, investigators even when acting in good faith, too often and too quickly (self-serving) find probable cause, because of the competitive enterprise and predisposition of investigating crime. Therefore, it is the neutral and detached magistrate who narrowly defines the permissible scope of a search before it occurs [16]. 

The investigative stop is predicated upon a reasonable suspicion, supported by articulable facts of past or present criminal activity, and based on aU of the circumstances. Probable cause is not required. Officers may stop, and briefly detain the person and their property. A pat down search of the person s outer clothing for weapons, to protect the officers and those in the immediate vicinity, may be conducted if the officer believes the person is armed and dangerous. Courts look to see if the good faith search was necessary and reasonable to insure the safety of others [40, 41]. Reasonable suspicion is more than a vague suspicion and is based on the totahty of the circumstances [42]. If probable cause is developed, the detention becomes an arrest. This doctrine has been appHed to vaHdate searches of airUne passengers. 

The jurisprudence of vehicle searches is fact dependent. Consequently, varying fact patterns may always lead to the same conclusion on the legality of a search. The exigencies of the situation and the strength of the officer s good-faith belief whether there is evidence of a crime, are integral to justification of the search at the time. 

The same objectively reasonable good faith rule applies in determining whether officers obtaining warrants are entitled to qualified immunity from suit [94]. 

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