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This waiver clause was held to be a genuine stipulation pour autrui.
There were no unexpected waiver clauses; MJ made sure the amounts were filled in correctly, and signed it after the director did.
However, most art contracts continue to be oral and therefore cannot contain valid waiver clauses under the terms of VARA.
As the dominant parties to the Peace Treaty the allies could insist upon the inclusion of the waiver clause which Germany was in no position to reject.
Thirteen percent of artists covered by VARA said they had refused contracts because they included waivers and a similar number had insisted that a waiver clause be struck from a contract.
Seven percent of those who answered the question said waiver clauses were routinely included in artists' contracts, but nearly 40 percent said waiver clauses were part of contracts for commissioned works.
However, if the fixed-term employee is on a contract which has not been renewed or extended since 1 October 2002, and they have signed a waiver clause on that contract, it still applies and they are not entitled to statutory redundancy pay.