Example sentences of "[be] determine by [art] " in BNC.
Next page| No | Sentence |
|---|---|
| 1 | In cases where life imprisonment was thought to be the appropriate sentence , the trial judge would still specify — in open court — the number of years to be spent in prison , taking the gravity of the offence into account , and release would be determined by a judicial tribunal . |
| 2 | The forest bounds were to be determined by a local jury in each county , in the presence of the justices , the Justice of the Forest or his deputy , and the foresters , ‘ according to the tenor of the Forest Charter of Henry III , saving always the King 's oath , the right of his Crown , and the actions and claims of the King and all others ’ . |
| 3 | Priorities for revision between the interest categories may be determined by a comparison of the stock record cards . |
| 4 | Because of interaction , component values can not be determined by a simple ‘ rule of thumb ’ and it is necessary to equate the response in terms of impedances with that in terms of time constants . |
| 5 | It does actually say together with other said officers and committee members as shall be determined by a general meeting , so if we wish to elect or choose somebody else we can do . |
| 6 | Held , allowing the appeal , that where a driver was required to provide a specimen of blood or urine for one of the reasons set out in section 7(3) of the Act of 1988 , or claimed the right to provide such a specimen under section 8(2) , the constable was required by section 7(4) to inform him that the specimen was to be of blood or urine and that it was for the constable to decide which ; but that there was no requirement to invite the driver to express his preference for giving blood or urine ; that if the constable intended to require a specimen of blood , the driver was to be given the right to object on medical grounds to be determined by a medical practitioner or , if the requirement had been made under section 7(3) , for some other reason affording a ‘ reasonable excuse ’ within section 7(6) of the Act ; and that , accordingly , the requirement for the defendant to provide a specimen of blood had complied with section 7(4) ( post , pp. 885G–H , 890D–G , 891A–D , 895B–E , H — 896A ) . |
| 7 | and Otton J. ) affirmed his acquittal by the Crown Court ( which had allowed an appeal against conviction by justices ) on the ground that the defendant , when required to give blood , had raised an objection capable of amounting to a medical reason why blood should not be taken and that this could only be determined by a medical practitioner . |
| 8 | I considered three questions : First , how can the complexity of the universe and all its trivial details be determined by a simple set of equations ? |
| 9 | Even if it did , Charlotte sensed her response would be determined by a fine judgement of how her own interests might best be protected . |
| 10 | These prior conditions may be determined by a chief constable or his deputy , or someone of equivalent rank in the Metropolitan police . |
| 11 | People 's purchase behaviour will also be determined by a whole series of behavioural factors , which are used to explain why buyers need or want certain products . |
| 12 | Soviet policy towards military facilities overseas will continue to be determined by a fluid assessment of the political and military losses and gains involved . |
| 13 | Funding levels must be determined by a standard formula , drawn up by the LEA but approved by the Secretary of State . |
| 14 | The position of the outlets on the fascia board can be determined by a plumbline hanging down centrally over the gully or drain inlet . |
| 15 | An objective test would be determined by a court . |
| 16 | Mr Pirrie will be the contact person in user support , and his actions in each case will be determined by a protocol which Mrs Lomas will prepare . |
| 17 | Noting that " negotiations can not take place behind the backs of our people " , he implicitly reaffirmed the ANC demand for a one person one vote system , declaring : " It is our belief that the future of our country can only be determined by a body which is democratically elected on a non-racial basis . " |
| 18 | Example 3:11 Option to renew ( 1 ) The tenant may by notice in writing served not less than six months before the date on which the term hereby granted is expressed to expire call upon the landlord for a further lease of the demised property ( " the further lease " ) provided that up to that date he has paid the rent and reasonably performed and observed his covenants ( 2 ) The further lease shall be for a term of ten years from the said date upon the same terms and conditions as this lease ( save as to rent and as to this option for renewal ) and at a rent to be agreed between the parties or in default of agreement to be determined by a single arbitrator to be appointed by the President for the time being of the Royal Institution of Chartered Surveyors ( 3 ) In determining the rent payable under the further lease the arbitrator shall have the same powers as would be enjoyed by the court determining a rent for the demised property under section 34 of the Landlord and Tenant Act 1954 and shall disregard the same matters as are therein specified ( 4 ) This option shall be of no effect if the tenant fails to register it as an estate contract within three months from the date of this lease Example 3:12 Option to renew contracted out tenancy If : ( 1 ) the tenant wishes to take a further tenancy of the demised property for a term of five years from the expiry date of the term hereby created ; and ( 2 ) the tenant gives written notice of his desire to the landlord not more than six nor less than three months before the expiry of the term ; and ( 3 ) up to the date of the notice the tenant has paid the rent and substantially performed his covenants ; and ( 4 ) the tenant joins with the landlord in making an application to the court for an order authorising the exclusion of the provisions of ss24-28 of the Landlord and Tenant Act 1954 in relation to the further tenancy ; and ( 5 ) the court makes such an order then the landlord shall let the demised property to the tenant for a term of five years from the expiry of the term hereby created at a rent to be agreed between the parties or in default of agreement to be determined by arbitration and otherwise upon the terms of this lease ( except this option for renewal ) Example 3:13 Clause negativing perpetual renewal Nothing in this clause shall entitle the tenant to renew the tenancy for any term expiring more than twenty years after the beginning of the term of this lease |
| 19 | Example 4:3 Index-linked rent : upwards only YIELDING AND PAYING the annual sum of £ … ( " the basic rent " ) payable quarterly in advance on the 25th of March the 24th of June the 29th of September and the 25th of December in each year and in addition such sum payable on each of the above dates in advance ( " the index-linked rent " ) as bears the same proportion to one quarter of the basic rent as is borne by the figure shown in the General Index of Retail Prices ( " the index " ) for the month immediately preceding the months in which payment of any particular instalment of rent is due to the figure ( which is the figure shown in that index for the month of … ) minus one quarter of the basic rent PROVIDED THAT ( 1 ) if after the date of this lease the index is calculated by reference to a different base date or base figure then the index-linked rent shall be calculated as if that change had not taken place ( 2 ) if the index ceases to be published or if for any reason it becomes impossible or impracticable to calculate the index-linked rent then either the landlord or the tenant may by notice require the rent to be thenceforth reviewed at such times and in such manner as may be agreed between them or in default of agreement be determined by a single arbitrator to be appointed by the President for the time being of the Royal Institution of Chartered Surveyors who shall have regard to market practice prevailing at the time of such notice in relation to new lettings of property of the same type as the demised property ( 3 ) in no circumstances shall the total rent payable under this lease be less than the basic rent |
| 20 | ( 5 ) The turnover rent shall be determined by a qualified accountant ( acting as an expert ) and whose decision shall be final ( except so far as concerns matters of law ) to be appointed by the President for the time being of the Institute of Chartered Accountants in England and Wales : ( a ) if the tenant fails to supply a certificate in accordance with paragraph 3 above ( in which case the landlord 's costs of the determination and the expert 's fee shall be borne by the tenant ) or ( b ) if there shall be any dispute between the parties as to the calculation of the turnover rent ( in which case the costs of the determination and the expert 's fee shall be borne as the expert directs ) ( 6 ) Until the determination of the turnover rent for any rental year the tenant shall continue to pay rent at the rate payable immediately before the beginning of the rental year in question and upon such determination there shall be due as arrears of rent or as the case may be refunded to the tenant the difference ( if any ) between the rent paid by the tenant for that year and the rent which ought to have been paid by him for that year plus ( if the turnover rent is determined by an expert ) such amount of interest as may be directed by the expert ( 7 ) If the turnover rent for any rental year falls below £ the landlord may by notice in writing served on the tenant not more than one month after the determination of the turnover rent for that year ( time not being of the essence ) require that there be substituted for the basic rent and the turnover rent for that year the amount for which the demised property might reasonably be expected to be let on the open market at the beginning of the year in question for a term equal to the residue of this lease then unexpired and on the same terms as this lease ( save as to rent but on the assumption that the rent may be revised every five years ) there being disregarded the matters set out in section 34 of the Landlord and Tenant Act 1954 ( as amended ) and in default of agreement the said amount shall be determined by an independent surveyor ( acting as an expert not as an arbitrator ) to be appointed by the President for the time being of the Royal Institute of Chartered Surveyors whose decision shall be final and whose fee shall be borne as he directs Example 4:5 Turnover rent for theatre or cinema based on box office receipts1 ( 1 ) In this schedule : ( a ) " box office receipts " means the gross amount of all moneys payable to the tenant or any group company on the sale of tickets for theatrical cinematic or other performances in the demised property or the right to stage productions or hold conferences or other events ( whether public or private ) in the demised property and any moneys payable on the sale of programmes souvenirs or similar items ; ( i ) treating any sale by credit card as having been a sale in consideration of the net amount recoverable by the tenant from the credit card company ( ii ) treating any amount which the tenant is entitled to receive by way of grant gift or sponsorship as part of the box office receipts and ( iii ) deducting any value added tax payable by the tenant to HM Customs and Excise ( b ) " bar receipts " means the gross amount of all moneys payable to the tenant or any group company for the supply of food and drink in the demised property : ( i ) treating any sale by credit card as having been a sale in consideration of the net amount recoverable by the tenant from the credit card company ( ii ) allowing the tenant a reduction of two per cent for wastage ( 2 ) The rent payable by the tenant shall be the aggregate of : ( a ) £ … per annum ( b ) 5 per cent of the first 60 per cent of the box office receipts for any year ( c ) 10 per cent of the remainder of the box office receipts ( d ) 7.5 per cent of the bar receipts payable annually in arrear on 31 December in each year ( 3 ) The tenant shall pay on account of the rent on 1 January 1 April 1 July and 1 October : ( a ) in the first year of the term £ … by four equal instalments ( b ) in the second and every subsequent year of the term payments at the rate of the rent payable for the last preceding year of the term by four equal instalments and as soon as possible after the end of the second and each subsequent year the amounts payable for that year under paragraph 2 above shall be agreed or otherwise determined and all necessary adjustments ( whether by way further payment by the tenant or credit given by the landlord ) shall be made ( 4 ) The tenant shall : ( a ) keep full and accurate books or records of account ( b ) permit the landlord ( or a person nominated by the landlord ) to inspect the books or records of account ( but not more often than once every three months ) and if so required to provide the books or records in a readily legible form ( 5 ) ( a ) at the end of each year of the term either the landlord or the tenant may require an audit of the tenant 's books and records by an independent auditor ( acting as an expert ) to be appointed ( in default of agreement ) by the President of the Institute of Chartered Accountants in England and Wales ( b ) the auditor shall certify the amount of the box office receipts and the bar receipts for the year in question and his certificate shall be binding on the parties ( except in so far as concerns matters of law ) ( c ) the auditor has power to determine how his costs and the costs of any representations to him shall be borne |
| 21 | Example 4:6 Rent geared to subrents receivable YIELDING AND PAYING THEREFOR by equal quarterly payments in advance on 1 January 1 April 1 July and 1 October in each year per cent of the net rents which the tenant is entitled to receive for the whole or any part of the demised property and calculated in accordance with the schedule hereto SCHEDULE ( 1 ) In this schedule the following expressions have the following meanings : ( a ) " full rack rental value " means the best rent at which the demised property ( or as the case may be the part of the demised property in question ) might reasonably be expected to be let in the open market by a willing landlord to a willing tenant ( i ) in the case of property falling within paragraph ( 2 ) below on the terms ( other than as to rent or other pecuniary consideration ) upon which it is actually occupied ( ii ) in the case of property falling within paragraph ( 3 ) below on the terms ( other than as to rent or other pecuniary consideration ) of this lease ( iii ) in the case of property falling within paragraph ( 4 ) below on the terms ( other than as to rent or other pecuniary consideration ) upon which it was last occupied and in any case disregarding the matters set out in paragraphs ( a ) and ( b ) of section 34(1) of the Landlord and Tenant Act 1954 ( as amended ) and on the assumption that the rent so determined will be revised every five years ( b ) " qualified accountant " means a member of the Institute of Chartered Accountants in England and Wales or the Association of Certified Accountants ( 2 ) If the tenant lets or permits to be occupied the whole or any part of the demised property in return for any pecuniary consideration other than the full rack rental value thereof as at the date of such letting or permission or in return for no pecuniary consideration then he shall be deemed for the purposes of this schedule to be entitled to receive the full rack rental value thereof determined as at the date of such letting or permission and redetermined as at every fifth anniversary thereof ( 3 ) If the tenant himself occupies the whole or any part of the demised property then he shall be deemed for the purposes of this schedule to be entitled to receive the full rack rental value thereof determined as at the date on which he went into occupation and redetermined as at every fifth anniversary thereof ( 4 ) If the whole or any part of the demised property remains vacant for three months or more then at the expiry of such period of three months the tenant shall until the same is next occupied be deemed to be entitled to receive the full rack rental value thereof determined as at the date upon which the said period expired and redetermined as at every fifth anniversary thereof ( 5 ) The tenant shall one month before the beginning of each quarter ( time being of the essence ) deliver to the landlord a certificate signed by a qualified accountant showing a true summary of : ( a ) the gross amount of all rents and licence fees which the tenant is entitled ( or deemed to be entitled ) to receive in respect of the demised property and each part thereof for that quarter and ( b ) the amount of any sum included in ( a ) above which the tenant is entitled to recover from any subtenant or occupier of the whole or any part of the demised property either by way of VAT or by way of service charge in respect of services or works performed or to be performed ( 6 ) Subject to paragraph ( 7 ) below the net rents shall be the difference between the two amounts shown in the said certificate ( 7 ) The net rents shall be determined by a single arbitrator to be appointed by the President for the time being of the Royal Institution of Chartered Surveyors if : ( a ) the tenant fails to deliver a certificate in accordance with paragraph ( 5 ) above ( in which case the tenant shall pay interest on the net rents at the rate of … per cent from the quarter day in question until payment ) or ( b ) any dispute or difference arises between the parties in connection with the calculation of the net rents ( in which case the arbitrator shall determine the amount of interest if any to be paid by the tenant ) ( 8 ) The tenant shall permit the landlord or his agent to inspect and take copies of the tenant 's books or account or any other document or record ( and if necessary the tenant shall procure any computer print-out ) which in the opinion of the landlord or such agent is relevant to the calculation of the net rents and shall bear the costs of such inspection if there shall be any material discrepancy between the certificate delivered by the tenant under paragraph 5 above and the results of such inspection . |
| 22 | In Lewis v Barnet ( 1982 ) 264 EG 1079 the lease provided that in default of agreement the rent was to be determined by a surveyor appointed by the President of the RICS on the application of the landlord made not less than three months before the review date . |
| 23 | An option may say that the price for the purchase at that future date will be determined by a valuer acting as an expert if the parties can not agree on the price at that time . |
| 24 | There is no reason why a legal issue should not be determined by a legal expert . |
| 25 | Technical questions of the type considered in Chapter 7 could be determined by a firm or company , but the practice is rare . |
| 26 | Behind the scenes the ‘ gals ’ whose fate will be determined by a male judging panel banter and bicker , in various states of undress , unaware that one of their number is a man with a mission to woo an unrequited love who works in the same supermarket and has also entered the contest . |
| 27 | As with the shares of any quoted company , prices can vary quite substantially according to their supply and demand , which in turn can be determined by a variety of market factors . |
| 28 | This fear of the mob has continued to haunt the executive , who saw that control could best be determined by the installation of a professional police organization formulated on strict hierarchic , semi-militaristic lines , and possessed of discipline , obedience , and loyalty . |
| 29 | However , the Pope 's account of the role of the papacy went a great deal farther than that : Christian unity , he said , must be founded on the faith in Christ that was handed on by the Apostles ; what this faith is must be determined by the Roman Catholic Church . |
| 30 | Decisions about data collection should be determined by the need for an informed society as well as for the concerns of government ; 2 . |