Sentences with phrase «under the performance agreements»

Under the performance agreements, the 13 MDAs are required to initiate innovative strategies to generate local revenues with support from the government, geared towards job creation, prosperity and equal opportunity for...

Under the performance agreements, the 13 MDAs are required to initiate innovative strategies to generate local revenues with support from the government, geared towards job creation, prosperity and equal opportunity for all citizens.

Under the performance agreement, the 13 MDAs are required to initiate innovative strategies to generate local revenues

Not exact matches

Important factors that could cause actual results to differ materially from those reflected in such forward - looking statements and that should be considered in evaluating our outlook include, but are not limited to, the following: 1) our ability to continue to grow our business and execute our growth strategy, including the timing, execution, and profitability of new and maturing programs; 2) our ability to perform our obligations under our new and maturing commercial, business aircraft, and military development programs, and the related recurring production; 3) our ability to accurately estimate and manage performance, cost, and revenue under our contracts, including our ability to achieve certain cost reductions with respect to the B787 program; 4) margin pressures and the potential for additional forward losses on new and maturing programs; 5) our ability to accommodate, and the cost of accommodating, announced increases in the build rates of certain aircraft; 6) the effect on aircraft demand and build rates of changing customer preferences for business aircraft, including the effect of global economic conditions on the business aircraft market and expanding conflicts or political unrest in the Middle East or Asia; 7) customer cancellations or deferrals as a result of global economic uncertainty or otherwise; 8) the effect of economic conditions in the industries and markets in which we operate in the U.S. and globally and any changes therein, including fluctuations in foreign currency exchange rates; 9) the success and timely execution of key milestones such as the receipt of necessary regulatory approvals, including our ability to obtain in a timely fashion any required regulatory or other third party approvals for the consummation of our announced acquisition of Asco, and customer adherence to their announced schedules; 10) our ability to successfully negotiate, or re-negotiate, future pricing under our supply agreements with Boeing and our other customers; 11) our ability to enter into profitable supply arrangements with additional customers; 12) the ability of all parties to satisfy their performance requirements under existing supply contracts with our two major customers, Boeing and Airbus, and other customers, and the risk of nonpayment by such customers; 13) any adverse impact on Boeing's and Airbus» production of aircraft resulting from cancellations, deferrals, or reduced orders by their customers or from labor disputes, domestic or international hostilities, or acts of terrorism; 14) any adverse impact on the demand for air travel or our operations from the outbreak of diseases or epidemic or pandemic outbreaks; 15) our ability to avoid or recover from cyber-based or other security attacks, information technology failures, or other disruptions; 16) returns on pension plan assets and the impact of future discount rate changes on pension obligations; 17) our ability to borrow additional funds or refinance debt, including our ability to obtain the debt to finance the purchase price for our announced acquisition of Asco on favorable terms or at all; 18) competition from commercial aerospace original equipment manufacturers and other aerostructures suppliers; 19) the effect of governmental laws, such as U.S. export control laws and U.S. and foreign anti-bribery laws such as the Foreign Corrupt Practices Act and the United Kingdom Bribery Act, and environmental laws and agency regulations, both in the U.S. and abroad; 20) the effect of changes in tax law, such as the effect of The Tax Cuts and Jobs Act (the «TCJA») that was enacted on December 22, 2017, and changes to the interpretations of or guidance related thereto, and the Company's ability to accurately calculate and estimate the effect of such changes; 21) any reduction in our credit ratings; 22) our dependence on our suppliers, as well as the cost and availability of raw materials and purchased components; 23) our ability to recruit and retain a critical mass of highly - skilled employees and our relationships with the unions representing many of our employees; 24) spending by the U.S. and other governments on defense; 25) the possibility that our cash flows and our credit facility may not be adequate for our additional capital needs or for payment of interest on, and principal of, our indebtedness; 26) our exposure under our revolving credit facility to higher interest payments should interest rates increase substantially; 27) the effectiveness of any interest rate hedging programs; 28) the effectiveness of our internal control over financial reporting; 29) the outcome or impact of ongoing or future litigation, claims, and regulatory actions; 30) exposure to potential product liability and warranty claims; 31) our ability to effectively assess, manage and integrate acquisitions that we pursue, including our ability to successfully integrate the Asco business and generate synergies and other cost savings; 32) our ability to consummate our announced acquisition of Asco in a timely matter while avoiding any unexpected costs, charges, expenses, adverse changes to business relationships and other business disruptions for ourselves and Asco as a result of the acquisition; 33) our ability to continue selling certain receivables through our supplier financing program; 34) the risks of doing business internationally, including fluctuations in foreign current exchange rates, impositions of tariffs or embargoes, compliance with foreign laws, and domestic and foreign government policies; and 35) our ability to complete the proposed accelerated stock repurchase plan, among other things.

Pearson filed the suit on Monday in the U.S. District Court of New Jersey, saying Valeant breached his contract by not paying him 580,676 shares and 2.5 million performance shares due in November under the terms of his separation agreement, the Journal reported.

Except for those executives who have an employment agreement that expressly provides for payment of an Award under the Bonus Plan in limited circumstances, in the event a participant's employment is terminated for any reason prior to the date of payment of an Award under the Bonus Plan, such participant will not be entitled to any bonus under the Bonus Plan, provided that in the event that a participant's employment terminates during the performance period due to (i) death or (ii) disability, the Committee may, at its sole discretion, authorize the Company to pay, on a prorated basis, an Award determined in accordance with the terms and conditions of Bonus Plan.

The liability of the Trustee is limited under the Trust Agreement, under which the Trustee is only liable for losses that are the direct result of its own gross negligence, fraud or willful default in the performance of its administrative custodial duties.

In addition, the Trustee will not be liable for any delay in performance or for the non-performance of any of its obligations under the Trust Agreement by reason of causes beyond its reasonable control, including acts of God, war or terrorism.

The Trustee will use reasonable care in the performance of its custodial duties under the Trust Agreement and will only be responsible for any loss or damage suffered by the Trust as a direct result of any gross negligence, fraud or willful default in the performance of its duties.

Under each agreement between the Trustee and an Authorized Participant to establish an Authorized Participant Custody Account («Authorized Participant Custody Account Agreement»), the Trustee is not contractually or otherwise liable for any losses suffered by any Authorized Participant or Shareholder that are not the direct result of its own gross negligence, fraud or willful default in the performance of its duties under such agreement, and in no event will its liability exceed the market value of the Bitcoins in the Authorized Participant Custody Account at the time such gross negligence, fraud or willful default is discovered by the TruUnder each agreement between the Trustee and an Authorized Participant to establish an Authorized Participant Custody Account («Authorized Participant Custody Account Agreement»), the Trustee is not contractually or otherwise liable for any losses suffered by any Authorized Participant or Shareholder that are not the direct result of its own gross negligence, fraud or willful default in the performance of its duties under such agreement, and in no event will its liability exceed the market value of the Bitcoins in the Authorized Participant Custody Account at the time such gross negligence, fraud or willful default is discovered by theagreement between the Trustee and an Authorized Participant to establish an Authorized Participant Custody Account («Authorized Participant Custody Account Agreement»), the Trustee is not contractually or otherwise liable for any losses suffered by any Authorized Participant or Shareholder that are not the direct result of its own gross negligence, fraud or willful default in the performance of its duties under such agreement, and in no event will its liability exceed the market value of the Bitcoins in the Authorized Participant Custody Account at the time such gross negligence, fraud or willful default is discovered by theAgreement»), the Trustee is not contractually or otherwise liable for any losses suffered by any Authorized Participant or Shareholder that are not the direct result of its own gross negligence, fraud or willful default in the performance of its duties under such agreement, and in no event will its liability exceed the market value of the Bitcoins in the Authorized Participant Custody Account at the time such gross negligence, fraud or willful default is discovered by the Truunder such agreement, and in no event will its liability exceed the market value of the Bitcoins in the Authorized Participant Custody Account at the time such gross negligence, fraud or willful default is discovered by theagreement, and in no event will its liability exceed the market value of the Bitcoins in the Authorized Participant Custody Account at the time such gross negligence, fraud or willful default is discovered by the Trustee.

(1) In any State where there is no agreement in force between a State or its agency under subsection (a), the Secretary shall promulgate regulations for the performance of all necessary functions under section 426, including provision for a fair hearing for any worker whose application for payments is denied.

The sequencing centers will be funded under cooperative agreements in which substantial programmatic involvement is anticipated among NHGRI and the recipients during performance of the scientific activities.

A first phase of work under the agreement will evaluate the performance of Harvard - developed nanofiber materials during a ballistic impact event, such as blast fragmentation and small arms fire.

The centers will be operated under cooperative agreements in which substantial programmatic involvement is anticipated among NHGRI and the recipients during performance of the scientific activities.

Each party («the Receiving Party») shall keep confidential this Agreement and any information (where such information is either marked as being confidential or might reasonably be assumed to be confidential such as, for example, financial information) disclosed to it by the other («the Disclosing Party») and shall not use the same for purposes other than in relation to the performance of the Receiving Party's obligations under this Agreement.

Under an agreement reached last fall between the Robbinsdale Federation of Teachers and the Robbinsdale Area Schools, teachers who begin work in the suburban Minneapolis district after July 1 will be eligible to earn up to $ 15,000 in additional pay by submitting a «performance portfolio» to a six - person review committee.

Under this approach, districts negotiate performance agreements with public schools — traditional, charter, and hybrid models.

Under the agreement, «Powered by Land Rover» badging on Bowler's competition cars and across its marketing materials acknowledges the role that Land Rover technology plays in the performance and race success of Bowler products.

A&A Printing will not be liable to you for any failure or delay in the performance of its obligations under this Agreement caused by any event or circumstance beyond its control, including, but not limited to, denial - of - service attacks, insurrection, fires, flood, storm, explosions, acts of God, war, terrorism, and labor conditions.

Such statements reflect the current views of Barnes & Noble with respect to future events, the outcome of which is subject to certain risks, including, among others, the general economic environment and consumer spending patterns, decreased consumer demand for Barnes & Noble's products, low growth or declining sales and net income due to various factors, possible disruptions in Barnes & Noble's computer systems, telephone systems or supply chain, possible risks associated with data privacy, information security and intellectual property, possible work stoppages or increases in labor costs, possible increases in shipping rates or interruptions in shipping service, effects of competition, possible risks that inventory in channels of distribution may be larger than able to be sold, possible risks associated with changes in the strategic direction of the device business, including possible reduction in sales of content, accessories and other merchandise and other adverse financial impacts, possible risk that component parts will be rendered obsolete or otherwise not be able to be effectively utilized in devices to be sold, possible risk that financial and operational forecasts and projections are not achieved, possible risk that returns from consumers or channels of distribution may be greater than estimated, the risk that digital sales growth is less than expectations and the risk that it does not exceed the rate of investment spend, higher - than - anticipated store closing or relocation costs, higher interest rates, the performance of Barnes & Noble's online, digital and other initiatives, the success of Barnes & Noble's strategic investments, unanticipated increases in merchandise, component or occupancy costs, unanticipated adverse litigation results or effects, product and component shortages, the potential adverse impact on the Company's businesses resulting from the Company's prior reviews of strategic alternatives and the potential separation of the Company's businesses, the risk that the transactions with Microsoft and Pearson do not achieve the expected benefits for the parties or impose costs on the Company in excess of what the Company anticipates, including the risk that NOOK Media's applications are not commercially successful or that the expected distribution of those applications is not achieved, risks associated with the international expansion contemplated by the relationship with Microsoft, including that it is not successful or is delayed, the risk that NOOK Media is not able to perform its obligations under the Microsoft and Pearson commercial agreements and the consequences thereof, risks associated with the restatement contained in, the delayed filing of, and the material weakness in internal controls described in Barnes & Noble's Annual Report on Form 10 - K for the fiscal year ended April 27, 2013, risks associated with the SEC investigation disclosed in the quarterly report on Form 10 - Q for the fiscal quarter ended October 26, 2013, risks associated with the ongoing efforts to rationalize the NOOK business and the expected costs and benefits of such efforts and associated risks and other factors which may be outside of Barnes & Noble's control, including those factors discussed in detail in Item 1A, «Risk Factors,» in Barnes & Noble's Annual Report on Form 10 - K for the fiscal year ended April 27, 2013, and in Barnes & Noble's other filings made hereafter from time to time with the SEC.

comiXology further represents and warrants to Retailer that: (a) comiXology will operate and maintain the Retailer Store in the same manner that comiXology operates any other Branded Stores subject to the fee provisions of Section 4.2; and (b) all services to be rendered by comiXology under this Agreement shall be performed in a professional and workmanlike manner and otherwise in accordance with applicable industry standard professional design and engineering standards in effect at the time of such performance.

Such statements reflect the current views of Barnes & Noble with respect to future events, the outcome of which is subject to certain risks, including, among others, the effect of the proposed separation of NOOK Media, the general economic environment and consumer spending patterns, decreased consumer demand for Barnes & Noble's products, low growth or declining sales and net income due to various factors, possible disruptions in Barnes & Noble's computer systems, telephone systems or supply chain, possible risks associated with data privacy, information security and intellectual property, possible work stoppages or increases in labor costs, possible increases in shipping rates or interruptions in shipping service, effects of competition, possible risks that inventory in channels of distribution may be larger than able to be sold, possible risks associated with changes in the strategic direction of the device business, including possible reduction in sales of content, accessories and other merchandise and other adverse financial impacts, possible risk that component parts will be rendered obsolete or otherwise not be able to be effectively utilized in devices to be sold, possible risk that financial and operational forecasts and projections are not achieved, possible risk that returns from consumers or channels of distribution may be greater than estimated, the risk that digital sales growth is less than expectations and the risk that it does not exceed the rate of investment spend, higher - than - anticipated store closing or relocation costs, higher interest rates, the performance of Barnes & Noble's online, digital and other initiatives, the success of Barnes & Noble's strategic investments, unanticipated increases in merchandise, component or occupancy costs, unanticipated adverse litigation results or effects, product and component shortages, risks associated with the commercial agreement with Samsung, the potential adverse impact on the Company's businesses resulting from the Company's prior reviews of strategic alternatives and the potential separation of the Company's businesses (including with respect to the timing of the completion thereof), the risk that the transactions with Pearson and Samsung do not achieve the expected benefits for the parties or impose costs on the Company in excess of what the Company anticipates, including the risk that NOOK Media's applications are not commercially successful or that the expected distribution of those applications is not achieved, risks associated with the international expansion previously undertaken, including any risks associated with a reduction of international operations following termination of the Microsoft commercial agreement, the risk that NOOK Media is not able to perform its obligations under the Pearson and Samsung commercial agreements and the consequences thereof, the risks associated with the termination of Microsoft commercial agreement, including potential customer losses, risks associated with the restatement contained in, the delayed filing of, and the material weakness in internal controls described in Barnes & Noble's Annual Report on Form 10 - K for the fiscal year ended April 27, 2013, risks associated with the SEC investigation disclosed in the quarterly report on Form 10 - Q for the fiscal quarter ended October 26, 2013, risks associated with the ongoing efforts to rationalize the NOOK business and the expected costs and benefits of such efforts and associated risks and other factors which may be outside of Barnes & Noble's control, including those factors discussed in detail in Item 1A, «Risk Factors,» in Barnes & Noble's Annual Report on Form 10 - K for the fiscal year ended May 3, 2014, and in Barnes & Noble's other filings made hereafter from time to time with the SEC.

Such statements reflect the current views of Barnes & Noble with respect to future events, the outcome of which is subject to certain risks, including, among others, the general economic environment and consumer spending patterns, decreased consumer demand for Barnes & Noble's products, low growth or declining sales and net income due to various factors, including store closings, higher - than - anticipated or increasing costs, including with respect to store closings, relocation, occupancy (including in connection with lease renewals) and labor costs, the effects of competition, the risk of insufficient access to financing to implement future business initiatives, risks associated with data privacy and information security, risks associated with Barnes & Noble's supply chain, including possible delays and disruptions and increases in shipping rates, various risks associated with the digital business, including the possible loss of customers, declines in digital content sales, risks and costs associated with ongoing efforts to rationalize the digital business and the digital business not being able to perform its obligations under the Samsung commercial agreement and the consequences thereof, the risk that financial and operational forecasts and projections are not achieved, the performance of Barnes & Noble's initiatives including but not limited to its new store concept and e-commerce initiatives, unanticipated adverse litigation results or effects, potential infringement of Barnes & Noble's intellectual property by third parties or by Barnes & Noble of the intellectual property of third parties, and other factors, including those factors discussed in detail in Item 1A, «Risk Factors,» in Barnes & Noble's Annual Report on Form 10 - K for the fiscal year ended April 30, 2016, and in Barnes & Noble's other filings made hereafter from time to time with the SEC.

You also authorize us to report your performance under this Agreement to credit reporting agencies and others who may properly receive such information.

Each time you apply for credit from of these lenders, the lender accesses your credit file to find out about your performance under earlier credit agreements with other lenders.

The Consulting Agreement with Northern Lights Compliance Services, LLC («NLCS») provides that the Registrant agree to indemnify and hold NLCS harmless from and against any and all losses, damages, costs, charges, reasonable counsel fees, payments, expenses and liability arising out of or attributable to the Trust's refusal or failure to comply with the terms of the Agreement, or which arise out of the Trust's lack of good faith, gross negligence or willful misconduct with respect to the Trust's performance under or in connection with the Agreement.

In no event shall anything contained herein be so construed as to protect the Foreside against any liability to the Registrant or its shareholders to which the Foreside would otherwise be subject by reason of willful misfeasance, bad faith, or gross negligence in the performance of its duties under this Agreement or by reason of its reckless disregard of its obligations under this Agreement.

Under the agreement, Ericsson will supply radio access products and be responsible for the performance and improvement of the radio network, as well as providing operations and maintenance services.

Under the terms of that agreement, Statoil and Masdar will analyse data from Batwind, not only to judge its performance to date but also to «explore the battery's potential for further applications and business opportunities», a joint statement issued by the two parties this morning read.

Also, under the statute of frauds, absent a writing and the signature of the party against whom the contract will be enforced, a court can only enforce an oral agreement if part performance has been established.

The execution and delivery of this Agreement and all other documents and instruments contemplated by this Agreement and the performance by the Registrant of its obligations under this Agreement and such other documents and instruments have been duly authorized by all necessary corporate action on the part of the Registrant.

He set out the applicable principles for personal performance in paragraph 84 of his judgment regarding substitution and stated that the ET was correct in their finding that Mr Smith undertook to provide his services personally under the 2009 agreement within section 230 (3)(b) of the ERA, regulation 2 of the WTR and the definition of employment in section 83 (2) of the EA.

Amicable Negotiation The parties agree that, both during and after the performance of their responsibilities under this Agreement, each of them shall make bona fide efforts to resolve any disputes arising between them by amicable negotiations and provide frank, candid and timely disclosure of all relevant facts, information and documents to facilitate those negotiations.

In the commercial context, if allegations of behaviour which is unlawful (or contrary to public policy) are raised before the arbitral tribunal, it will have to consider the consequences under the applicable law, and may also be required to have regard to the potential impact of the mandatory law and public policy of the arbitral seat and the place of performance of any relevant agreement, as well as transnational public policy.

(4) Starlight Shipping Co v Allianz Marine & Ors; Brit UW Ltd & Ors v Starlight & Ors; Brit UW & Ors v Imperial Marine & Ors [2014] EWHC 3068 (Comm); [2015] 2 All E.R. (Comm) 747; [2014] 2 Lloyd's Rep. 579; [2014] 2 C.L.C. 503; [2015] Lloyd's Rep. I.R. 54 — relief granted to both insurers and employees and agents of the insurers who were intended to benefit from the settlement of the insurance claim - relief by way of specific performance and injunctions was tailored to the particular circumstances which included the prohibition on anti-suit injunction to restrain the Greek proceedings — assured ordered to execute documents recording the meaning and effect of the settlement agreement (including settlement of claims against the servants and agents who were third parties to the original settlement) so that the same could be placed before the foreign court to assist in the recognition and enforcement of the English judgment in Greece under the Judgments Regulation.

(5) A creditor's acceptance of a debtor's payment or performance of an obligation under or in respect of a security agreement is an acknowledgment by the creditor of liability in respect of a claim by the debtor for redemption of the collateral under the agreement.

(4) A debtor's performance of an obligation under or in respect of a security agreement is an acknowledgment by the debtor of liability in respect of a claim by the creditor for realization on the collateral under the agreement.

Brown v. Belleville (City) 2013 ONCA 148 Contracts — Performance or breach — Repudiation — What constitutes acceptance of repudiation Under an agreement entered into in 1953 between a municipality and Sills, the municipality agreed to perpetually maintain and repair part of a storm sewer drainage system on and near Sills» lands.

(a) only to its personnel and subcontractors to the extent that: (i) the use, disclosure and making available thereof is necessary for the performance of the receiving party's rights or obligations under this Agreement; and (ii) such persons have an actual need to know such information and have signed non-disclosure agreements as required by this Agreement;»

However there are many reasons for which a party may wish to use the confidential information of the other party that involve disclosure to persons other than its personnel or subcontractors or that transcend performance of the party's rights or obligations under the outsourcing agreement including:

Other circumstances, such as disclosure in connection with a party's internal approval processes, may arguably be shoehorned into agreement provisions relating to «performance of the receiving party's rights or obligations» (so long as the reviewers or approvers fall into the permitted class of individuals to whom information may be disclosed under the agreement).

In order to ensure your performance under your agreement to take responsibility for those damages, you'll be required to have a renters insurance policy.

Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement.

Venezuela further argues that, under Article VII of the Headquarters Agreement between Peru and the OAS of July 20, 2017, the Government of Peru has agreed to grant and recognize the OAS and its organs, the delegations of the OAS member states... the privileges and immunities necessary for the independent performance of their functions during the SIRG and Eighth Summit meetings, therefore, Peru could not oppose to the participation of a delegation from Venezuela.

Through the delivery of excellent candidate management, pipeline and sourcing activities, you will achieve agreed key performance indicators and service level agreements under the supervision of the SRC.

The two previous reports have expressed concerns at the lack of progress in «harnessing the mainstream» and the existence of structural problems within the new arrangements that work against this objective (such as the absence of processes for systemic engagement with Indigenous peoples locally, regionally and nationally; the absence of appropriate monitoring and evaluation mechanisms; and the under - performance of Shared Responsibility Agreements and the new whole of government machinery in «unlocking» mainstream accessibility).

The Council is next month due to release its fourth annual performance report under COAG's national healthcare agreement, with a supplementary report on health outcomes in rural and remote areas.

Brumby said it was crucial that any future design of performance reporting frameworks and targets must involve Indigenous stakeholders as equal partners, saying consultation with governments is required under the Intergovernmental Agreement (IGA) on Federal Financial Relations: «It should extend to key Indigenous stakeholders such as the Closing the Gap coalition.»

Facilitate performance by Gottman Institute or You under the Terms and any other agreement You may enter into with the Gottman Institute

In the exercise of the Minister's parental responsibility, FACS may also require information from OOHC NGOs or access to certain information about the performance of services under section 6 of the Standard Service Agreement.