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  1. Hi, thanks for having me on the forum. I live in NJ. I recently spent time on the AAA website, because they have a used car buying program. I was referred to a dealer about 85 miles from my home for a 2011 Honda Accord Crosstour, as the dealer offered the lowest price on this car. ($9,000 tax included). Vehicle had 116K miles. I should have brought a mechanic, but knowing a bit about cars, I checked a few things out, and generally things seemed okay. The dealer told me that due to the fact that AAA members got special pricing, they could not give a vehicle warranty. I bought the car as is. While I was waiting for the transfer paperwork (car came from CT), which took about a month, the check engine light came on. First I brought it to a local chain, who informed me that my catalytic converter needed to be replaced to clear the codes, but that I also needed new valve cover gaskets (everything looked clean on top, but apparently the dealer knows how to pretty up an engine). So, replacement costs for the converter & gaskets came to $1900. 2 days later, check engine light comes back. New codes, not happy with the work the chain did (assumed the code was the same) I took the car to the AAA service center near me. Got a call the next day saying the code indicated a vapor issue & that they had to drop the gas tank to see what the issue was. There was a line leak from a hose that needed to be repaired (Another $800). Codes cleared. Next day, engine light on again. Back to AAA. Now they tell me that the 02 sensors (which were replaced when the chain did the converter work, but were not OEM) were bad & needed to be replaced. Another $600 with labor. Now the repairs to make the car pass inspection are $3300. Obviously the cost of the vehicle & repairs has now put me over $12K, and I could have bought a newer vehicle (same make & model) for the $12K that I paid. Anyway, the car finally passed inspection, and 2 days later, the check engine light came back on. Back to AAA, but this time I'm furious. They tell me that they now have to "diagnose" the issue, and that it will be another $129. I paid it because I wanted to see what they thought the issue was now. They "claimed" that the plugs & wiring need to be replaced at a cost of $1100. I tell them to pound sand, and leave. 2 days later, the check engine light goes off, and hasn't turned up again for almost 2 weeks. I called Customer Relations at AAA to complain to them, not only about the dealer (who hung up on me when I demanded to know where my paperwork was as my temporary tags expired, and was told he "forgot" to send them), but about the lack of quality repair at their center. Sent all of my paperwork including the paperwork I needed to register the car, contract of sale, and all of the repair bills, from the repair chain as well as their own AAA service centers. I received a call back from their customer relations specialist in my area, who opens the conversation by telling me that they have no responsibility for what the dealer does, as they are only a referral. Really? You call it the AAA Used Vehicle Buying Program on your website. She did indicate that she would speak with the mechanics at the center and get back to me. It's been a week, and I haven't heard a thing. I'm considering getting legal representation, as the main reason I purchased through AAA is because I felt safer buying through them, and getting my car fixed through them. I assumed that they had higher standards, and as a result, I got a Honda that cost 33% above my purchase price to become road worthy (which may go up if that check engine light comes up again). Here's the disclaimer about used vehicle purchases on the bottom of their page: This site serves residents of the AAA ACA territory which includes Delaware, Maryland, Washington DC, and parts of Virginia, Pennsylvania and New Jersey. Applicable Law; Class Action Waiver; Limitation to File an Action. This promotion, including these Terms and Conditions, are governed by the laws of the State of California without regard to its conflict/choice of law provisions, and any and all claims, causes of action, or disputes (regardless of theory) arising out of or relating to the foregoing shall be brought exclusively in the state or federal courts located in Los Angeles County, California. You waive any and all objections to the exercise of jurisdiction over the foregoing by such courts and venue in such courts. ANY CLAIM AGAINST AAA ACA AND/OR TRUECAR SHALL BE ADJUDICATED ON AN INDIVIDUAL BASIS, AND SHALL NOT BE CONSOLIDATED IN ANY PROCEEDING WITH ANY CLAIM OR CONTROVERSY OF ANY OTHER PARTY. AS SUCH, YOU AGREE THAT YOU WAIVE ANY RIGHT TO PARTICIPATE AS A PLAINTIFF OR AS A CLASS MEMBER IN A CLASS ACTION SUIT AGAINST AAA ACA AND/OR TRUECAR. You may not be a representative of other potential claimants or a class of potential claimants in any dispute, nor may two or more individuals' disputes be consolidated or otherwise determined in one proceeding. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the promotion, including these Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred. I'm wondering if I have any legal recourse, of if I'm just SOL. Thanks in advance for any replies.
  2. Hi, In 2007, I signed a severance agreement that included a provision that I would not apply for a job at the company going forward. The company was subsequently purchased. There is a role in 2019 I would like to apply for at the parent company. Am I precluded from applying because of the previous agreement or did that promise terminate when the company no longer existed after the purchase? Thanks!
  3. I would appreciate advice on how to handle this situation. I have a relatively new neighbor. Prior to my ownership of my home, the previous homeowners paved side by side asphalt driveways so it is like one big shared driveway. My property extends 2 ft past where my garage is. There is no fence or anything dividing the property or marking the property lines. While my spouse and I were at work, the new neighbor hired someone to rip up "her section" of the driveway and pour a new concrete pad in its place. In the process they ripped up 2 feet of our driveway including my field drain. Before the concrete was even poured, my husband tried talking to the contractor who insisted the property line ended at my garage. I finally found my land survey after they poured the concrete. My husband addressed the error with the neighbor but she doesn't want to deal with it and even blamed my husband for not telling her sooner. She is an older woman who lives alone. She has got to be over 75. I feel bad that this happened and clearly her contractor...well "handyman" really...did not do his due dilligence prior to starting this. At any rate, I want my driveway back. I would appreciate any advice on how best to handle this. By the way, if we were to separate the property at the property line, she really would not have room to park a car there to begin with. The driveway situation was perfectly fine. I don't even know why she did this.
  4. Hi, Guidance needed. This situation is new to me ... My employer acquired another company in a different state. We are in the middle of hiring the existing employees at the other company. Their employees work in 2 states (AZ and CA). They completed the I-9s. Which location is to maintain the original I-9s along with copies of the IDs? Corporate or the acquired location? We use E-Verify. Do I need to complete the E-Verify? Also, what about the other documents: Employment Applications W-4s Benefits: Enrollment forms Disability forms W/C forms LOA forms FMLA forms Etc. Again, which location maintains the original documents and which location maintains duplicates? Should I get copies of the original personnel files, benefits files, etc. So I may maintain the history at Corporate? Or obtain copies? Next, the acquired company has a different name. Should the files from the acquired company be maintained at Corporate separately from the files relating to the Corporate employees? Does anyone know of a good reference book (primer) to get? If so, what? From SHRM? Any guidance is appreciated. Thank you.
  5. I just bought a CPO 2014 Honda Odyssey on 11/26 and no one noticed (including myself) nor brought it up to my attention it had a cracked windshield (over 12" long behind the rearview mirror). I hadn't seen it until the car was prepped and all stickers were removed from the windshield and I was on my way home that I saw it. I called them and reported the issue and have been waiting for a resolution since 11/26. According to the ad pictures and stickers the crack seems to have been covered. Do I have a case to pursue this? I just want them to fix and/or replace the windshield if necessary for safety reasons. p.s. According to their CPO checklist that I just reviewed few mins ago, they had the windshield listed as NOT meeting standards which violates their CPO compliance to tag the asset as certified... so why sell it as a pre-owned and mis-guide customers... Thoughts or advise please?
  6. I was sentenced to prison in September 1996. I was ordered to pay restitution which I am still paying since September,1996. The sentence was for 20 months with time off concluded on or about March 15, 1998. I am now beyond the "20" year period of my term for the conclusion of my restitution obligation based on the "VWPA". Victim Witness Protection Act of 1996. There is still money left on the restitution requirement. The question I have is will either the Sentencing Judge or the Financial Litigation Unit notify me of the conclusion of this case and stop Social Security from taking out my garnishment every month. Thanks,
  7. I switched doctors recently and when he was going through my daughters vaccine records he saw she got an MMR shot and 2 MMR boosters as opposed to 1 that is normally given. She recently was diagnosed with type 1 diabetes which is linked to the MMR vaccine and Rubella. Is there grounds for a lawsuit?
  8. Our landlord brought natural gas lines into our mobile home park. Then, they offered free gas stove or gas dryer to entice folks to switch to the natural gas, hook up included. Several home owners agreed. The gas company put in their meters and have started billing the home owners, but the landlord has not come through with the free appliances. Now these home owners are being billed for the line and meter while also still having to pay for their propane services. Anyone have any idea what these home owners can do now? I've searched the New Jersey statutes but this scenario isn't covered under the applicable Landlord/Tenant laws.
  9. I'm posting this because I really need a answer. Because I had already spent a lot of money trying to solve the Issues of my mom estate. My mother die in Camden N.J she own fifty percent of a house and had a bank acct. My mother boyfriend turn everything over to my brother and his wife. Well this is where fun start. I tried once to probate the house and them my brother tried to become sole administer but I block it. Them we became co-administers, it was not by choice. The agreement was I would get brought out he would hand me after the bank acct. I never got paid. So what I wanted to is change it only me. Now, my mother ex-boyfriend it I don't get this done is going to sell The Camden N.J. house right under me. I been told I need to go to the appellate court?. I went to the site and they have so many form I been lost. I called the clerk never got a call back.. I live in Maryland, so I'm guessing they didn't want to brother. I hope some one can help or point me in the right way. This is just a few law papers I have. Application for Administration.doc
  10. My step dad passed in June. There are no living children, or other relatives. His ex-wife has an order in New Jersey for past child support arrears due her. He lived in Florida. Decedent recently received a notice from the court for non-payment ( I assume previously it was deducted from his SS check). I am personal rep and have an attorney, but looking for additional advice. Does this order die when the defendant dies?
  11. I live next to a commercial property and they have large trees along a fence that separates our properties. One of the trees are splitting and if it falls it will fall onto our driveway and thus our cars. I have asked the owner of the property to cut the trees but he does not want to. I know that I can cut the trees as it is on my side but if I ask my neighbor does he have to cut it because it may cause damage? Can I have the city cut the tree? Or am I responsible for all the branches that are on my side.
  12. My son's court case involving his death had been dismissed. Is there a time limit that I have to file with the courts for Insufficient of counsel? I'm inclined to believe that the Expert Witness that was hired for this case had also overlooked or lacked crucial information, regarding his calculations, (which had been the relevant factor in the determination of non negligence of the defendants), is there a separate course of action that I would need to take in that regard or would that be included with the filing of insufficient of counsel? Lastly, if I believe I have substantial evidence that the defendants had supplied False testimony, does substantial evidence generally permit a case to be re-opened. If yes, what would be my course of action? Would that be included in the filing of Insufficient of counsel? If substantial evidence is generally not considered enough to have a case re-opened, would absolute proof of False testimony offer a chance of re-opening a case. I'm willing to persist in finding the absolute proof, if in fact, that would make a difference in having the case re-opened. My question here is, is there a time limit that I have to present Evidence of False testimony? I'm hoping someone can assist me with any of the above questions. Thank you for your time.
  13. Hi, I live along with my family in a rental condominium in New Jersey, USA. About 3 days ago, we received a notice from a law firm that represents our community Management office. The notice indicates that the landlady of our rental premises that we are living has an outstanding fees of about $8K that she owns to the community Management office for services towards this unit. She has defaulted in her payments towards that and is not willing to pay that to the office for reasons that I'm not aware of. Now, the notice warns that we as current residents, should make our rental payments to the community Management office directly and that they'll consider this towards her outstanding arrears. Failing to do so, they would file an eviction suit against us and pursue other means as per the condominium rules and regulations. One other info that we found last night is, as per the condominium rules handbook, if an owner has $3,500 or more in arrears towards the office for more than 30 days(which she has already), they'd pursue parking enforcement rules and can get the tenant's/owner's vehicles towed from their carport and our parking privileges will also be revoked thereof. I feel horrible about this situation since we as tenants even though have nothing to do with this situation and were unaware of this situation until the notice came through, we have unfortunately become "circumstantial victims" that would go through pains of having to deal with the consequences. To add to this, our landlady is a horrible illogical, cruel person and has never addressed any of our concerns in this unit. We have a 6 month lease signed with her and is due to expire in mid-December 2016. We had been victims of several problems in past and she even went beyond means and once shut off utilities(electricity) to us while we were living there. This happened back in August and we have a police complaint filed on her name. The lease agreement asks for the utility bills to be paid to her in cash and that we cannot have it directly in our name. But since she took an extreme step to shut off utilities, we have now taken a "new" electricity, gas and water connection in our name as per the sheriff's advice who visited us that time. We are extremely desperate about this situation and are looking forward to get out of this rental premises and move elsewhere. We do not have proper understanding of New Jersey state laws in terms of breaking this contract with her by a month earlier and leave end of October or early November pursuant to us finding a better rental home soon. We have gone through immense mental stress and find this place very unsafe and are in fear every moment not knowing what else might come out of the blue. My worry of paying rental checks for the upcoming month to the Management office is that, I do not know if the landlady can then file an eviction against us failing to pay her the rent as per our signed lease agreement with her. My husband believes the lease agreement is probably already void since she already shut off the utilities and let us struggle and that's illegal. We had enough and do not want to be here anymore. We are also worried about getting our one month security deposit back from her due to her mean nature. We don't know what's the right thing to do and whom to go to in order to talk about all of this in detail. We are unable to afford to pay for expensive legal services and I'm looking for some dire help from people who are passionate about helping others. Can you please help us overcome this situation?
  14. I sent a notice to quit letter to my tenants. Because they moved in 2 extra people not on the lease. I ask them to move the people out or all of them will have to move. one of the tenants moved with out telling me anything the other tenant has not moved but has been talking to me about moving. She now told me she is going to move. it is now the end of the month and I do not have time to get the place rented in time so I will not louse a month rent or more I have a deposit but I do not know what I do now. do I rent the house and then send the notice to one person (because I do not know where the other person is) what I used the deposit for? (and can I use the deposit for the loss of rent?) or do I have to go to court to end the lease and rent the place? How long do I have to wait before to see if the first person comes back and who do I give the left over deposit to? The person that I can not get in touch with the receipt for the deposit name is in.
  15. My child support case is in New Jersey, but I live in Florida! As of November of last year, the state of Florida told me that they were suspending support payments to New Jersey because they found some irregularities. They conducted an audit which indicated I've been over paying for years. As of July of this year, the audit was concluded & the funds were released back to New Jersey. Please keep in mind, my payments are up to date & current. New Jersey put another hold on the support payments to my daughter whom will be 21yrs old in November, because they say I'm now a little over $700.00 in rears! As of right now, $4,047.00 is being held & either state can give me a straight answer....
  16. Student parking lot. Sign does say restricted permit parking NJ law enforcement. Denied using handicapped parking space with dr ordered valid Nj state temporary handicapped issued tag because name was not chosen in random lottery weeks prior to disabling injury. Administrator said Had student been chosen several weeks ago, using handicapped spot now would not be an issue. Isnt this violation of ADA?
  17. about 6 7 months ago i financed a car from the bank and when i received the title for the car there was no lien recorded on it so i told the bank to take the car back as i wasnt able to make payments any more because after couple of months i was out of job and unemployed but bank didnt took the car back and about 3 months ago i had to go to overseas so i by mistakenly transferred the title and registered the car under my friend name now the title and registration is under my friend name and i told him to sign and send title to bank along with a letter stating that i did this by mistakenly and he already send the title and a letter stating that bank can add lien on the title and can take the car back and its been 3 month's and i havent heard any thing from the bank and upon checking the dmv site there isnt any lien added on the car and title and the bank hasnt took the car yet what should i do i still have the car and not even using it any more as i want the bank to take the car back
  18. Greetings: I am one of four named beneficiaries of what is, I think, at least colloquially known as a "Generation Skipping Tax" trust or sometimes "Generation Skipping Transfer Tax" trust (I'll call the trust a "GSTT"). My grandmother, who died well over a decade ago, established the trust in the late 1990s. The purpose of the GSTT is to provide income to the settlor's children (in this case, my mom and her brother) during their lifetimes then the corpus would pass to my cousins and me in a fairly tax-advantaged way. I actually started my legal career as a summer associate working on Trusts & Estates matters, but have since had little to do with this interesting area of the law, and really know very little about GSTTs. My questions include: 1) Do I, as a beneficiary, have the _right_ to see the trust instrument? It would certainly be useful to have a glimpse in order to be best situated when the prior generation, who are now both in their 80s, is extinguished. It is not altogether clear to me why the document hasn't been provided to me in the three decades since the GSTT was settled, so I am not sure what the reaction would be if I simply asked. 2) Do I, as a beneficiary, have any _right_ to see how the corpus of the trust has been managed? By this I mean, can I demand (if you will) as of right to see statements detailing the assets of the trust? I mean, does such a right exist in the law, as I do not know what the document says yet. Finally, how are these things generally structured, in your experience? Is it typical for them to provide that the grantor's children will determine the distribution of assets on their (the grantor's children) deaths? I am not sure how much of GSTT structuring is bespoke and how much is established either by the strictures of the IRC or precedent. Predictably, I would simply assume if my mom predeceases my uncle, he would, without hesitation, provide for the disposition of the trust's assets to his children, not me. Surely GSTTs would not typically come with such an obvious flaw. Is it more common for the grantor to (or does the grantor always) establish the distribution of the GSTT's assets upon the demise of the children? I note that a common question on this forum runs along the lines of "if you don't have the trust instrument, how do you know you are a beneficiary?" I was sent a letter in, as I say, the 1990s from my grandmother's attorney stating that an irrevocable GSTT, of which I was a beneficiary, had been created and funded in $XX amount by my grandmother, and the assets had been entrusted to XYZ Trust Company. My parents, too, have made the odd mention of it over the years. Thanks. ESQ
  19. Hi. . . I had an accident on 26/2/2016 (5 am ) Riverdale, NJ at route 23 north after company truck broke down on the hill my guy got out of passenger door. I called my boss to tell him that truck had same problem and it does not run anymore and I got stuck on the highway hill that where is no safe shoulder. After I hang up I looked for my guy to see where he is and saw him 90 feet away on the grass area after pavement. At the moment I couldn't go too far away from truck incase of what if truck rolls over by itself after broke down problem so I decided to move it slowly down to hill to get the truck on safe spot. After I checked around the truck I went in and start going slowly backward down to hill paralel to pavements and stopped where the hill isn't too high. I got out of truck to see where am I at and how far do I have to go down to hill for and look for my buddy. Couldn't see him and when I went into truck right before I start moving again I saw him laying down few feet away front of truck. I went down to check on him and called 911. Police came first 15 mnts after I cooperate with him and 5 mnts after that ambulance arrived. They tried but he was gone by then. I went to police station and done all test. After I spoke with them and told them that I have preplanned vacation to overseas. After that I talked with the compnay insurance lawyer told him everything. He told me there is no problem for me to go vacation and actually it will be good for me to get out of trauma. while I am in vacation I received 3 tickets regarding of accident, Reckless, Careless and unsafe condition of truck and already missed couple of courts. My question is what is the worse case in area of this incident and what I should expect because I will back to US in August, Thank you . . .
  20. I signed a lease and in the lease I do not see a term. I had emailed the landlord to revise the contract to my conditions and landlord agreed to do so ( I have the emails). When I received the contract I signed it, then I realized the changes I asked for were not made. Can the emails be used as proof? Such changes included a 30 day notice and deferred rent based on income, if annual revenue exceeded 500,000 I agreed to pay the 1,350 asked for. I currently pay 850. Now after 6 months the landlord wants the 3000 that I owe him in back rent. Lease Agreement.docx License Agreement This License (the "License") is made and entered into as of the 1st day of February 2016 by and between: Licensor and Licensee WITNESSETH Licensor has heretofore entered into a certain lease dated (the “Prime Agreement”) with LANDLORD, for certain premises (the "Premises") located at 111 as more fully described in the Prime Agreement. a. The Licensee desires to License a portion of the Premises described in the Prime Agreement. b. NOW, THEREFORE, in consideration of the covenants and agreements contained herein and other good and valuable consideration, the receipt and sufficiency of which are acknowledged by the Licensor and the Licensee, the Licensor and the Licensee do hereby agree as follows: 1. License of Licensed Premises: Licensor hereby licenses to Licensee and Licensee hereby Licenses from Licensor the Licensed Premises consisting of space subject to the Prime Agreement, copy of which is annexed hereto. Licensee has inspected the Licensed Premises, and agrees to accept the same "as is" without any agreements, representations, understandings or obligations on the part of Licensor, or any other party, to perform any other alterations, repairs or improvements. License Term The Licensor shall deliver possession of the Licensed Premises to Licensee on February 2, 2016. The term of this License shall commence on February 8, 2016 (the "Commencement Date") and subject to the Prime Lease shall end 60 days before Licensee gives written notice to end license. In the event Licensor is unable to deliver possession of the Licensed Premises to Licensee by the Commencement Date due to causes beyond the control of Licensor, Licensor, its agents and employees, shall not be liable or responsible for any claims, damages or liabilities arising in connection therewith or by reason thereof, nor shall Licensee be excused or released from this License, because of Licensor’s inability to deliver the Licensed Premises in such fashion. Licensor will collect license fees on a monthly basis and required to give Licensee a two month notice to vacate. 2. License Fees: The Licensee agrees to pay Licensor as consideration for the Licensed Premises the sum of $1,350. Paid as Under: February 8, 2016: $515 Deferred License Fees in the amount of $500 March 1, 2016: $850 Deferred License Fees in the amount of $500 April 1, 2016: $850 Deferred License Fees in the amount of $500 May 1, 2016: $850 Deferred License Fees in the amount of $500 June 1, 2016: $850 Deferred License Fees in the amount of $500 July 1, 2016: $850 Deferred License Fees in the amount of $500 August 1, 2016: $1,450 and Back Rent: $3,000 Licensee has the right to forgo the deferred rent and pay the license fees without notice. a. All license fees due on the 1st day of each month. In the event payments are not timely made, Licensee shall be responsible for any late fees that may be imposed by Landlord for late payments as well as an additional 5% to Licensor. Such obligations shall be in addition to any other rights Licensor may have as a result of Licensee’s default in timely payment of license fees. b. In the event Licensee is in default of timely license fee payments more than two (2) times in any twelve (12) month period, Licensor shall have the right to terminate this License notwithstanding any right to cure any default otherwise set forth herein. Use The Licensee shall use and occupy the Licensed Premises in conformance with this agreement. The said use of the Premises to Office Space is set for Corporate Offices 2. Incorporation and Deletion of Certain Prime Lease Provisions: Except as may be inconsistent with other terms of this License (which terms shall control in the event of a conflict), it is hereby understood and agreed between Licensor and Licensee that all terms and conditions of the Prime Lease between the Licensor and the Landlord shall be incorporated by reference in whole into this License. It is further understood that the Licensee’s rights shall at all times be subordinate and subject to the provisions of the Prime Lease. The foregoing notwithstanding, it is understood that Licensor shall have no obligation to provide (and Licensee shall have no right to receive) any of the services, or any other entitlements afforded Licensor in the Prime Lease, but such services, or other entitlements may be fully provided by the Landlord or by its transferees or assigns if arranged for by Licensee and agreed upon by Landlord. Licensor agrees that Licensor shall provide to Licensee copies of all notice(s) received by Licensor from Landlord and Licensor shall use reasonable efforts to secure performance by Landlord of the Landlord obligations under the Prime Lease as the same affect the License Premises. The sole responsibility of Licensor to Licensee shall be its obligations as set forth in this License. Further, the obligations of Licensee to Landlord as set forth in the Prime Lease shall be deemed obligations of Licensee to Licensor with respect to the Licensed Premises, including a pro rata amount of any charge assessed to Licensor by Landlord as above set forth. a. In the event that the Prime Lease shall be cancelled or terminated for any reason this License shall cancel and/or terminate simultaneously therewith. Licensor agrees that Licensor shall not perform any acts that would constitute a breach of the terms and conditions of the Prime Lease. b. Licensee at Licensee’s sole cost and expense shall be fully responsible for all repairs, maintenance and replacements to the Licensed Premises including but not limited to the requirements of paragraph 10 of the Prime Lease. 3. Security Deposit a. Upon execution of the License, Licensee shall pay to Licensor one month License Prepayment as a security deposit. Upon termination of the License, payment of all licensee fess, additional license fees and other charges due, and the return of the Licensed Premises to Licensor in accordance with the terms of this License and the Prime Lease, Licensor shall return to Licensee, that portion of the Security Deposit which has not been applied as herein permitted. b. Provided Licensee is not then in default in the payment of license fees or any other charges due Licensor, and further provided the Licensed Premises including all lease hold improvements and equipment are left in good condition, reasonable wear and tear excepted, as provided in the Prime Lease, said security deposit shall be returned to Licensee within thirty (30) days after this License expires. If Licensee is in default at any time or if the Licensed Premises including all lease hold improvements and equipment are not left in good condition, then after notice to Licensee the security deposit shall be applied to the extent available on account of sums due Licensor or Landlord for the cost of repairing damages to the Licensed Premises and Licensee shall promptly restore the Security Deposit to its original and full amount. 4. Notices a. All notices required or permitted to be given hereunder shall be in writing and shall be effective either upon personal delivery (against written receipt), one (1) day after delivery to a nationally-recognized overnight courier (e.g. Federal Express) for next-day delivery or three (3) days after deposit in the United States mail, by certified mail, return receipt requested, addressed to the parties as follows, or at such address as a party may hereafter designate by notice to the others. b. Licensor and Licensee each hereby covenant and agree to promptly deliver to the other party copies of any and all notices or other correspondence received by it from Landlord that might affect Licensor and Licensee in any manner and further agrees, notwithstanding this Section 7 hereof to the contrary, to use good faith efforts to so deliver same in the manner most appropriate to insure that Licensor will be able to respond to any of such notices or other correspondence from Landlord within any time periods set forth in the Prime Lease. 5. Compliance with Laws Licensee shall comply with the requirements of all applicable laws, rules and regulations to the extent they apply to Licensee's use and occupancy of the Licensed Premises. 6. Indemnification Licensee agrees to indemnify, defend and save harmless Licensor from and against any and all claims arising from occupancy, conduct, operation or use of the Licensed Premises by Licensee or arising from any breach or uncured default on the part of Licensee in the performance of any covenant or agreement on the part of Licensee to be performed pursuant to the terms of this License or which violates the terms of the Prime Lease, or under the provisions of any law, ordinance or regulation of any federal, state, municipal or other authority, or arising from any act, neglect or negligence of Licensee, or its agents, contractors, servants, employees, or Licensees, or arising from any accident, injury or damage whatsoever caused to any person, firm or corporation, occurring during the term of this License, and from and against all costs, expenses and liabilities incurred in connection with any such claim or action or proceeding brought thereon (including, without limitation, the reasonable fees of attorneys, investigators and experts); and if any action or proceeding be brought against Licensor by reason of any such claim, Licensee upon notice from Licensor shall, at Licensee's sole cost and expense, resist or defend such action or proceeding or cause it to be resisted or defended. 7. Quiet Possession As of the commencement date hereof, Licensor grants Licensee, subject to the Prime Lease, quiet possession of the Licensed Premises, which shall continue during the term of this License. 8. Binding Effect This License shall inure to the benefit of, and shall be binding upon, the parties hereto and their respective successors and assigns. 9. Amendments in Writing This License may not be modified except in writing signed by all parties hereto. This constitutes the entire agreement between the parties; any additional amendment or modification of the terms thereto shall not be effective unless made in writing and attached to the original hereof, executed by all parties. This Agreement shall be binding upon the successors, assigns and heirs of the respective parties. 10. Amenities and Terms of Service AV equipment in conference room Conference call capabilities Beautiful artwork (some of it can be yours) Bathrooms Kitchen area with refrigerator and Coffee Drinking Water Conference rooms with table and comfortable seating for up to 8 people. Conference Rooms will be Equipped with a white board and AV equipment. The conference rooms can be reserved for up to two hours at a time and are on a first come, first served basis (membership includes two hours of reserved use per month of use; there is a fee of $35 per hour above that for reserved use) The Demo rooms can be reserved for up to two hours at a time and are on a first come, first served basis. The Demo Room Space will be shared for now. No Charge will be assess as part of your License Agreement. However, after August 2016 we will finalize the economics and use of the Demo Room. Mailing address and mail slots are available with monthly or annual membership only Networked copier/ printer*- access for fee as follows: 50 Pages per Month. A charge of $.065 Cents will be levied per page. 11. Member Code of Conduct We want to ensure that all members can get the best out of the experience of the shared workspace, and enjoy a stimulating, high productivity setting. To do this, we need the help of every member, and therefore ask you to be considerate of those around you and to take care of the space. Remember to leave the space better thank you find it. If you move things around, please return them to the original location. Maintaining a clean and pleasant environment will make the use of the 111 TSP more enjoyable and productive. As this is a multi-user environment, be mindful in your use and reservation of the conference rooms and other amenities to ensure that everyone can benefit from their use. Noise levels Keep computer volume at a mute setting or use headphones Maintain your cell phone on vibrate and take calls in a conference room or in the building’s main lobby. If you need to talk to someone, please do so in a volume that is conducive to a one-on-one conversation. Impromptu discussions between three or more individuals should also be conducted away from individuals that are not partaking in the discussion. Privacy Please respect people’s privacy. Seating in the shared space is a private zone for the individual who occupies the space. Collaboration among members is highly encouraged, but violations of privacy, personal space, virtual space, and intellectual property are strictly prohibited. Guests Guests are permitted only when accompanied by a member and for the purpose of conducting business with that member. Guests are the responsibility of the member whom they are accompanying. No children are allowed. CoWorking draws in a variety of people with different backgrounds, experiences, and expertise. Enjoy and embrace these differences, and respect the people around you. 12. Governing Law This License shall be governed by and construed in accordance with the laws of the State of New Jersey. 13. Default by Licensee a. If Licensee shall be in default in fulfilling any of the covenants of this License other than the covenants for the payment of license fees or if the Licensed Premises become vacant or deserted. Licensor may give Licensee fifteen days’ written notice of intention to end the term of this License and thereupon, at the expiration of said fifteen days (if said default continues to exist), the terms under this License shall expire as fully and completely as if on that day herein definitely fixed for the expiration of the term, and Licensee will then quit and surrender the Licensed Premises to Licensor, but Licensee shall remain liable as hereinafter provided. b. If the notice provided for in (a) above shall have been given, and the term shall expire as aforesaid; or (b) if Licensee shall default in the payment of the license fees reserved herein or any item of charges herein mentioned or any part of either or in making any other payment herein provided; or (i) if any execution or attachment shall be issued against Licensee or any of Licensee’s property whereupon the Licensed Premises shall be taken or occupied or attempted to be taken or occupied by someone other than Licensee or (ii) if Licensee shall default with respect to any other lease provision between Landlord and Licensor which shall remain uncured beyond the applicable cure period, or (iii) if Licensee shall do anything which would otherwise constitute a default under the Prime Lease if made by Licensor which shall remain uncured beyond the applicable cure period, then and if any of such events Licensor may, without notice, exercise the same rights as Landlord has against Licensor in the Prime Lease as if the default by Licensor in its obligations to Licensor had been a default by Licensor in its obligations to Landlord. 14. No Assignment or Sublicensing Licensee shall have no right to Assign this Agreement or License the Licensed Premises (or any portion thereof) or permit the occupancy of the Licensed Premises by any person or entity under any circumstances. 15. No Unlawful or Prohibited Use As a condition of your membership , you will not use for any purpose that is unlawful or prohibited by these terms, conditions and notices. You may not use the name in any manner that could damage, disable, overburden, or impair the brand, technology, or the network(s) connected to any server or otherwise, or interfere with any other member’s use or otherwise. You may not attempt to gain unauthorized access to any Services, or accounts, computer systems or networks connected to any servers or to any of the services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services. You represent and warrant that your participation or use of the Services will not conflict with or result in any breach of any license, contract, agreement or other instrument or obligation to which you are a party. You will be liable to the for all damages or harm suffered by the as a result of your violation of this section. WITNESS WHEREOF, the parties hereto have executed this License as of the date first above written.
  21. I'm about to start babysitting for a family and one of the requirements is to drive the children to certain things in the surrounding area. I will be using my car with my own auto insurance. If I get into an accident with the kids in the car, whether it is my fault or not (god forbid), would the parents have grounds to sue me? Would a contract releasing me of liability while driving do anything? Or would I be covered by this vicarious liability I hear of. Where the employer (in this case parents) are liable for my actions while working for them (being with their kids). Thank you!
  22. My 21 yr old son was recently arrested for domestic violence in NJ. His girlfriend at the time lied on the police report stating my son hit her. She had bruises on her from wrestling with girlfriends. She bit my son's ear, broke his television and threatened to hurt his dog. When the police showed up, he advised them of the damages and his injury to his ear. The police only documented the bruises on her and not on my son. He also had scratches on his back. He was the only one arrested. The police report did not mention of the broken tv and only states he had a slight scratch on his ear and he refused treatment. He sent me a picture of his ear and it is definitely a bite and not a scratch. (I live in FL). On June 7th, I sent her a message on Facebook asking what happened. She responded on facebook that she is going to make sure the charges get dropped so he does not get in trouble for something he did not do, she did not know all of this would blow up like it did and also apologized to me. She also told my son that the police report that my son picked up a copy of did not match up with what she originally told the police. His first appearance was on June 22 and was informed if he is found guilty he will spend 6 months in jail. He advised me the other day that 2 of her friends are willing to be witnesses for him. My main question is: is the facebook instant message admissible in court? If it is, I will gladly travel from FL to NJ to attend his court in hopes that he does not go to jail for something he did not do. Also, are there any pro bono attorneys in Ocean City NJ? I do not have the means to help him obtain an attorney. Thank you in advance for any help or suggestions.
  23. I'm in the process of suing my employer for wages and overtime, I sued another employer in a different state last year and won, so knowing I should of been a employee and not a independent contractor just to sue again is that considered fraud. I need the money
  24. Does anyone know how "fair return" is calculated for a hardship rent increase in New Jersey?
  25. Dick


    Is a proposed recorded drainage pipe easement is all that is required to install a pipe on my property?
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