4. The contract [lawyer or specialist lawyer] undertakes to: [Name of the contractual company/lawyer/lawyer/lawyer/specialised lawyer] and its representatives, agents and collaborators [delete or add, where appropriate], all claims, damages, losses and expenses (including, but not limited to, lawyers` fees incurred in defending these rights) resulting from the provision of the services by the contract [lawyer or specialised lawyer] and caused in whole or in part by the act or omission of the contract [lawyer or specialised lawyer]. One of the terms of this agreement is that the contract [lawyer or specialty lawyer] has valid professional liability insurance, in accordance with the requirements of the Law Society of Ontario. In Clapp v. Jmk/spier, Inc., 484 N.E.2d 918 (Ct. of App.3d Dist. Ill. In 1985), the complainant attempted to reach the mall itself to a person who had suffered bodily injury in a mall store, claiming that the relationship between the mall and the mall store was a joint venture. If the lease agreement between the mall and the store had included the relational language described above and presented below, the claimant would probably not have invoked such a relationship. As it stood, the Court of First Instance had no problem establishing and determining that the relationship was not a joint venture, in the absence of one of the essential characteristics of a joint venture. The court said: “Normally, this is a matter for Trier because [citation omitted].

However, if it follows from the complaint and the attached exhibits that the necessary elements of a joint venture cannot be invoked, the defendant shall be entitled to the rejection of the complaint. [The following clauses apply where the parties have chosen an independent contractor relationship.] The parties agree that the representatives selected to participate in the dispute settlement procedure have the necessary authority to settle the dispute or have a rapid means of obtaining the necessary authorization. How can the parties make changes to the agreement and must they be in writing? The parties agree to exchange all information they wish to rely on during an oral or written presentation during the mediation. These exchanges must be completed no later than ten (10) days before the date set for the mediation. 4.4 If negotiations between the Proponent and the Institution are terminated and the Institution subsequently negotiates a licence agreement with a third party on much better terms than those offered to the last Proponent, the Proponent shall have the first right to refuse such Terms for a period of sixty (sixty) days from the date on which the Proponent received a draft licence agreement from the Institution. The parties should indicate the date of signature and entry into force of the agreement. The parties may include an arbitration clause, so that all disputes between the contract company/lawyer and the contractual lawyer or Paralegal are settled by binding arbitration. The parties may also decide that jurisdictional issues must also be determined by the arbitrator. The parties argued that the importance of this sentence was exactly the opposite, one from the other. . . .