Sentences with phrase «against licensees in»

(d) section 41 [consent orders], in relation to orders that the superintendent may make under section 49 [orders respecting unlicensed activity] or 50 [orders against licensees in the public interest];

Her office protects consumers from unlicensed real estate services activity and also has independent authority to appeal disciplinary decisions of the Real Estate Council or intervene and pursue regulatory action against licensees in certain circumstances.

Not exact matches

You will not receive any payment for such use and waive any right to bring any action in law or equity against the aforementioned parties, their parents and related companies, affiliates, and licensees, and their past, present and future officers, agents, representatives, employees, service providers, successors and assigns for such use.

You agree to indemnify, defend and hold harmless Simply, and all officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the «Indemnified Parties») from and against any and all liability and costs, including, without limitation, reasonable attorneys» fees, incurred by the Indemnified Parties in connection with any claim arising out of (a) any User Contributions, or (b) breach by you or any user of your account of these Terms of Use or any representations, warranties and covenants contained in these Terms of Use.

(1) The violation by the licensee of the Tennessee Consumer Protection Act of 1977; (2) Willful falsification of any information contained in the application; (3) The licensee's conviction of any offense involving cruelty to animals or a violation of this bill; or (4) The licensee's nonconformance with: this bill; the rules and regulations of the commissioner; the Non-Livestock Animal Humane Death Act; or the present law provisions governing offenses against animals.

(1) The applicant or the responsible officer of the applicant is of good moral character; (2) An inspection has been made of the premises and a finding is made that it conforms to this bill and is a suitable place in which to conduct the commercial breeder's business; (3) The commercial breeder has a valid sales tax registration number and is in good standing with the Tennessee department of revenue; and (4) The licensee has never been convicted of any criminal offense against an animal.

If the applicant has had disciplinary proceedings instituted against him which have resulted in suspension or revocation of a license on any grounds other than nonpayment of a licensee fee, or he has voluntarily surrendered a license to practice veterinary medicine, the board will review the prior action (s) on a case by case basis prior to licensure;

The license should provide for indemnification of the licensor by the licensee against any and all claims, costs, and expenses, including attorneys» fees, that arise in connection with any use of the artwork that differs from those that the license allows and from any claims relating to the product upon which the artwork has been reproduced, even if in full compliance with the terms of the license agreement.

Represented well - known handbag designer and its exclusive U.S. licensee in counterfeiting, trade dress and copyright infringement actions in federal courts across the nation against sellers of infringing and counterfeit handbags.

You hereby indemnify, defend and hold us and our partners and our officers, directors, owners, agents, information providers, affiliates, licensors and licensees harmless from and against any and all liabilities and costs incurred in connection with any claim arising out of any breach by you of this agreement or claims arising from your use of our web site.

The decision in Vinod Chopra Films Private Limited et al. v. John Doe 2010 FC 387 by Hughes, J. concerns a review of a «rolling» Anton Piller order granted by the Federal Court of Canada in a copyright infringement case to an Indian film production company and its Canadian licensee against various un-named persons who (according to the claim) «deal in counterfeit video recordings.»

Represented a toy and video game manufacturer in an action against a licensee for fraud and breach of contract, and to terminate licensed rights.

In Case C - 170 / 13 Huawei Technologies Co. Ltd v ZTE Corp & ZTE Deutschland GmbH, (Judgment of the 5th Chamber, CJEU, 16 July 2015) the CJEU was asked to rule for the first time on whether seeking an injunction and other associated remedies by the owner of a Standard Essential Patent (SEP) against a company in breach of the patent (but one willing to become a licensee) can amount to an abuse of a dominant position in breach of EU competition law (Article 102 TFEUIn Case C - 170 / 13 Huawei Technologies Co. Ltd v ZTE Corp & ZTE Deutschland GmbH, (Judgment of the 5th Chamber, CJEU, 16 July 2015) the CJEU was asked to rule for the first time on whether seeking an injunction and other associated remedies by the owner of a Standard Essential Patent (SEP) against a company in breach of the patent (but one willing to become a licensee) can amount to an abuse of a dominant position in breach of EU competition law (Article 102 TFEUin breach of the patent (but one willing to become a licensee) can amount to an abuse of a dominant position in breach of EU competition law (Article 102 TFEUin breach of EU competition law (Article 102 TFEU).

Represented Emcore in patent infringement action brought by its licensee against Nichia and in a parallel Inter Partes Review proceeding brought by Nichia against Emcore's asserted patent.

Defended 3D Systems in a patent infringement suit brought by EOS, a licensee of 3D, against DTM Corporation, a corporation 3D acquired after EOS brought suit, and one of DTM's customers.

You hereby indemnify, defend and hold us and our affiliates and our officers, directors, owners, agents, information providers, affiliates, licensors and licensees harmless from and against any and all liabilities and costs incurred in connection with any claim arising out of any breach by you of this agreement or claims arising from your use of our website.

This is known as «European exhaustion»; Article 7 (2) which provides an exception to European exhaustion of rights where there are legitimate reasons for the owner to oppose further commercialisation of the goods, especially where the condition of the goods is changed or impaired after they have been put onto the market, and Article 8 (2) which entitles a trade mark owner to invoke its trade mark rights against a licensee who contravenes any provision in his licensing contract with regard to its duration, the form covered by the registration in which the trade mark can be used, the scope of the goods or services for which the licence is granted, the territory in which the trade mark may be affixed, or the quality of the goods manufactured or of the services provided by the licensee.

Article 8 (2) expressly enables the trade mark owner to invoke its trade mark rights against a licensee where the licensee breaches certain provisions in the licence agreement.

Therefore the ECJ concluded that a trade mark owner can take infringement action against a licensee who breaches a condition in the licence agreement which falls within Art 8 (2).

In cases where a public body is seeking possession of land (perhaps against squatters, trespassers or ex-tenants or licensees), it needs to ensure that (where the occupier is living on the land) the decision to do so is proportionate.

7.1 - 4.1 If the client refuses to report their claim against an apparently dishonest licensee to the Law Society, the lawyer shall inform the client of the policy of the Compensation Fund and shall obtain instructions in writing to proceed with the client's claim without notice to the Law

By submitting an entry, you: (a) irrevocably grant the Sponsor, its agents, licensees, and assigns the unconditional and perpetual (non-exclusive) right and permission to copyright, reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, modify, create derivative works of, exhibit, and otherwise use your entry as - is or as - edited (with or without using your name) in any media throughout the world for any purpose, without limitation, and without additional review, compensation, or approval from you or any other party; (b) forever waive any rights of copyrights, trademark rights, privacy rights, and any other legal or moral rights that may preclude the Sponsor's use of your entry, or require any further permission for the Sponsor to use the entry; and (c) agree not to instigate, support, maintain, or authorize any action, claim, or lawsuit against the Sponsor on the grounds that any use of the entry, or any derivative works, infringes any of your rights as creator of the entry, including, without limitation, copyrights, trademark rights, and moral rights.

The judge noted that OnePlus was not in the position to take action against Micromax, due to their agreement being non-exclusive, and that «the only complaint of OnePlus could be that Cyanogen has breached the agreement between OnePlus and Cyanogen by inducting another licensee in India in the form of Micromax».

We asked NIST to consider adding guidelines for grantees that would give preference to licensees that have shown a commitment to research and development in the area of technology the patent covers and who do not have a history of merely using aggressive patent litigation against practicing, independently inventing companies.

Langton said an Alcohol Management Plan at Napranum in Cape York had reduced violence against women; Thirsty Thursdays, when licensees agreed not to sell alcohol takeaway, had had the same impact.

The board notes that a substantial percentage of the complaints filed against board licensees relate to licensees» participation in these evaluations and the number of these complaints and subsequent board discipline taken is increasing.

Failing to meet the minimum standards of performance in professional activities when measured against generally prevailing peer performance, including the undertaking of activities for which the licensee, registered intern, or certificateholder is not qualified by training or experience.

This quarter we review two cases in which a verdict was entered against the licensee and damages were awarded to the plaintiff.

In addition there needs to be a minimum performance standard both in quality as well as quantity (i.e. no or limited violation tolerance, as well as a minimum number of completed, complaint free, listings and sales) If the licensing entities in Canada, had any real interest in acting in the best interest of the clients we serve, as well as the well being of our practitioners, this would be a minimum standard, and after 25 years running around in the business, there is no indication this will ever happen, so limiting the number of licensees is therefore never going to happen either...... it is totally against the industry leaders self interestIn addition there needs to be a minimum performance standard both in quality as well as quantity (i.e. no or limited violation tolerance, as well as a minimum number of completed, complaint free, listings and sales) If the licensing entities in Canada, had any real interest in acting in the best interest of the clients we serve, as well as the well being of our practitioners, this would be a minimum standard, and after 25 years running around in the business, there is no indication this will ever happen, so limiting the number of licensees is therefore never going to happen either...... it is totally against the industry leaders self interestin quality as well as quantity (i.e. no or limited violation tolerance, as well as a minimum number of completed, complaint free, listings and sales) If the licensing entities in Canada, had any real interest in acting in the best interest of the clients we serve, as well as the well being of our practitioners, this would be a minimum standard, and after 25 years running around in the business, there is no indication this will ever happen, so limiting the number of licensees is therefore never going to happen either...... it is totally against the industry leaders self interestin Canada, had any real interest in acting in the best interest of the clients we serve, as well as the well being of our practitioners, this would be a minimum standard, and after 25 years running around in the business, there is no indication this will ever happen, so limiting the number of licensees is therefore never going to happen either...... it is totally against the industry leaders self interestin acting in the best interest of the clients we serve, as well as the well being of our practitioners, this would be a minimum standard, and after 25 years running around in the business, there is no indication this will ever happen, so limiting the number of licensees is therefore never going to happen either...... it is totally against the industry leaders self interestin the best interest of the clients we serve, as well as the well being of our practitioners, this would be a minimum standard, and after 25 years running around in the business, there is no indication this will ever happen, so limiting the number of licensees is therefore never going to happen either...... it is totally against the industry leaders self interestin the business, there is no indication this will ever happen, so limiting the number of licensees is therefore never going to happen either...... it is totally against the industry leaders self interests.

It's important to understand, because failing to disclose a stigma or disclosing it improperly is a frequent claim in lawsuits against real estate licensees.

In such a case, a mold claim might be part of a suit against a licensee for failing to properly inspect a home and disclose the visual presence of mold or water leaks.

the reality is as all have posted full time RE investing is NOT a licensee to the good life its a license to work your butt off take huge financial risks and hope and prey your right and if the market goes against you like happened in 07 to 09 your screwed.

Furthermore, the court granted judgment in favor of the development company on the licensee's additional claims against the development company.

A New York appellate court has considered the sanctions against a licensee and her broker for their actions in a transaction involving a variable commission rate.

If there is a subsequent sale of the property and the licensee, who is the principal shareholder of ABC Mortgage Corporation which holds the mortgage registered against the property, is not providing trading services to the seller and buyer of the property and has no knowledge of the sale, that licensee would not be required to make disclosure in accordance with section 5 - 9 of the Rules.

E&O acts on behalf of real estate licensees in responding to claims made against them for damages.

The Council also has a strong and ongoing Complaints and Discipline process that can result in disciplinary decisions against licensees ranging from fines and suspensions, to cancellations.

We license the more than 24,000 individuals and brokerages engaged in real estate sales, rental property and strata management, we enforce standards of conduct, we investigate complaints from the public against licensees, and we impose disciplinary sanctions under the Real Estate Services Act.

123 (1) Subject to subsection (2), all information supplied and all records and things produced to the real estate council, a hearing committee, the superintendent, the insurance corporation or the compensation fund corporation with respect to a licensee, a former licensee or an applicant for a licence are privileged to the same extent as if they were supplied or produced in proceedings in a court, and no action may be brought against a person as a consequence of the person having supplied or produced them.

102 (1) For the purpose of enabling licensees to obtain indemnity against liability arising out of negligent errors or omissions in the provision of real estate services, the insurance corporation must do one or both of the following:

The Tennessee Real Estate Commission complaint process enables a member of the public to file a formal complaint against a real estate licensee they believe has acted improperly or illegally in the performance of their duties as a real estate licensee.

185 DOS 05 DOS v. Britt - disclosure of conditions affecting the value or desirability of listed premises; DOS fails its burden of proof; res judicata; judgment rendered in civil court between buyer and seller is not controlling in administrative proceeding against licensee where DOS and licensee were not parties in the civil suit and professional conduct of the licensee was not litigated; duty of disclosure to a buyer by a seller's agent is derivative; seller's agent must make the same disclosure to a buyer that the law requires a seller to make; disclosure by seller's agent to buyer's agent of the condition of the property as known by seller's agent was timely, proper and essentially a disclosure to buyer of that information; DOS has failed to prove by substantial evidence its allegation that basement flooding was a common occurrence or that broker was fully aware that homes in the neighborhood where the property is located encountered frequent flooding; complaint dismissed

The licensee should also speak to his or her managing broker about assisting in preparing and reviewing the response, even if no allegations are made against the managing broker.

A purchaser may recover in a civil action brought under the Disclosure Act against a real estate licensee if the licensee fails «to disclose to a purchaser a defect actually known to the real estate licensee prior to the acceptance of an offer to purchase and which were not included in the disclosure statement.»

• The Real Estate Recovery Fund exists to reimburse any person who has obtained a final civil judgment against a Pennsylvania real estate licensee owing to fraud, misrepresentation, or deceit in a real estate transaction and who has been unable to collect the judgment after exhausting all legal and equitable remedies.

any business the licensee owns or has participated in as a director or officer, has any judgment (s) rendered against the business in relation to a trade in real estate, fraud or breach of trust

The court also rejected the argument that the Regulators enforce their rules equally against both in - state licensees as well as out - of - state licensees because that was an irrelevant consideration when determining the burden on interstate commerce.

The Real Estate Council of British Columbia responded to REM's request for an interview by pointing to a press release dated March 18, which says the council supports FINTRAC in taking appropriate action against brokerages that do not comply with federal law, and another dated Apr. 1, which announces the hiring of a staff lawyer who will assist in the council's investigations of potential licensee misconduct.

The Council cautions licensees against trying to draft such a clause, and against interpreting that a clause included in a contract apparently for this purpose may authorize a brokerage to release a deposit without a separate written agreement.

If the licence condition is part of a disciplinary order, a breach of the condition may result in further disciplinary action against the licensee, including cancellation or suspension of the licence.