Sentences with phrase «applicable limitation rules»

Not exact matches

The Arbitrator (i) shall apply internal laws of the State of New York consistent with the Federal Arbitration Act and applicable statutes of limitations, or, to the extent (if any) that federal law prevails, shall apply the law of the U.S., irrespective of any conflict of law principles; (ii) shall entertain any motion to dismiss, motion to strike, motion for judgment on the pleadings, motion for complete or partial summary judgment, motion for summary adjudication, or any other dispositive motion consistent with New York or federal rules of procedure, as applicable; (iii) shall honor claims of privilege recognized at law; and (iv) shall have authority to award any form of legal or equitable relief;

Important factors that could cause our actual results and financial condition to differ materially from those indicated in the forward - looking statements include, among others, the following: our ability to successfully and profitably market our products and services; the acceptance of our products and services by patients and healthcare providers; our ability to meet demand for our products and services; the willingness of health insurance companies and other payers to cover Cologuard and adequately reimburse us for our performance of the Cologuard test; the amount and nature of competition from other cancer screening and diagnostic products and services; the effects of the adoption, modification or repeal of any healthcare reform law, rule, order, interpretation or policy; the effects of changes in pricing, coverage and reimbursement for our products and services, including without limitation as a result of the Protecting Access to Medicare Act of 2014; recommendations, guidelines and quality metrics issued by various organizations such as the U.S. Preventive Services Task Force, the American Cancer Society, and the National Committee for Quality Assurance regarding cancer screening or our products and services; our ability to successfully develop new products and services; our success establishing and maintaining collaborative, licensing and supplier arrangements; our ability to maintain regulatory approvals and comply with applicable regulations; and the other risks and uncertainties described in the Risk Factors and in Management's Discussion and Analysis of Financial Condition and Results of Operations sections of our most recently filed Annual Report on Form 10 - K and our subsequently filed Quarterly Reports on Form 10 - Q.

The registration of these shares of our common stock under the Securities Act would result in these shares becoming eligible for sale in the public market without restriction under the Securities Act immediately upon the effectiveness of such registration, subject to the Rule 144 limitations applicable to affiliates.

This registration statement will become effective immediately on filing, and shares covered by this registration statement will be eligible for sale in the public markets, subject to Rule 144 limitations applicable to affiliates and any lock - up agreements described above.

The registration statement on Form S - 8 is expected to become effective immediately upon filing, and shares covered by the registration statement will then become eligible for sale in the public market, subject to the Rule 144 limitations applicable to affiliates, vesting restrictions and applicable lock - up agreements and market standoff agreements.

Subject to the lock - up agreements described above, other contractual lock - up obligations set forth in the grant agreements under each such plan and any applicable vesting restrictions, shares registered under these registration statements will be available for resale in the public market immediately upon the effectiveness of these registration statements, except with respect to Rule 144 volume limitations that apply to our affiliates.

In addition, this discussion does not address the impact of the Medicare contribution tax on net investment income or tax considerations applicable to an investor's particular circumstances or to investors that may be subject to special tax rules, including, without limitation:

«Mixed martial arts» means unarmed combat involving the use, subject to any applicable limitations set forth in these Unified Rules and other

REPRESENTATIONS, WARRANTIES AND INDEMNIFICATION 7.1 You represent and warrant that (a) you have the authority to enter into and perform your duties and obligations under this Agreement; and (b) the website [s] where you will display Archway Affiliate Marketing Materials and your marketing practices do not and will not (i) infringe on any third party's copyright, patent, trademark, trade secret, privacy or any other rights, (ii) violate any applicable laws, rules, or regulations, including, without limitation, the CAN SPAM Act of 2003, (iii) contain defamatory or libelous material, (iv) contain pornographic or obscene material, including, without limitation, its marketing and promotional activities; (v) promote violence; or (vi) contain viruses, trojan horses, worms, time bombs, or other similar harmful or deleterious programming routines; and (c) you will comply with your obligations under this Agreement and industry guidelines as applicable.

You will not, and will not allow or authorize others to, use the Services or the Sites to take any actions that: (i) infringe on any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (ii) violate any applicable law, statute, ordinance or regulation (including those regarding export control); (iii) are defamatory, trade libelous, threatening, harassing, invasive of privacy, stalking, harassment, abusive, tortuous, hateful, discriminatory based on race, ethnicity, gender, sex or disability, pornographic or obscene; (iv) interfere with or disrupt any services or equipment with the intent of causing an excessive or disproportionate load on the Animal League or its licensors or suppliers» infrastructure; (v) involve knowingly distributing viruses, Trojan horses, worms, or other similar harmful or deleterious programming routines; (vi) involve the preparation and / or distribution of «junk mail», «spam», «chain letters», «pyramid schemes» or other deceptive online marketing practices or any unsolicited bulk email or unsolicited commercial email or otherwise in a manner that violate the Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN - SPAM Act of 2003); (vii) would encourage conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, federal or international laws, rules or regulations; (viii) involve the unauthorized entry to any machine accessible via the Services or interfere with the Sites or any servers or networks connected to the Sites or disobey any requirements, procedures, policies or regulations of networks connected to the Sites, or attempt to breach the security of or disrupt Internet communications on the Sites (including without limitation accessing data to which you are not the intended recipient or logging into a server or account for which you are not expressly authorized); (ix) impersonate any person or entity, including, without limitation, one of the Animal League's or other's officers or employees, or falsely state or otherwise misrepresent your affiliation with a person or entity; (x) forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Sites; (xi) collect or store personal data about other Animal League members, Site users or attempt to gain access to other Animal League members information, or otherwise mine information about Animal League members, Site users, or the Sites; (xii) execute any form of network monitoring or run a network analyzer or packet sniffer or other technology to intercept, decode, mine or display any packets used to communicate between the Sites» servers or any data not intended for you; (xiii) attempt to circumvent authentication or security of any content, host, network or account («cracking») on or from the Sites; or (xiv) are contrary to the Animal League's public image, goodwill, reputation or mission or otherwise not in furtherance of the Animal Leagues stated purposes.

Your use of the Program and the parking and other services offered at our facilities is subject to all other applicable terms and conditions, including, without limitation, (i) PreFlight's Privacy Policy, (ii) PreFlight's Terms of Use, (iii) all rules posted on - site at our facilities, and (iv) all terms printed on your Program Card, any Program Rewards Voucher, and any entry and / or valet parking tickets, all of which are incorporated herein by reference.

Those who choose to access the Website from locations outside of the United States are responsible for compliance with local laws if and to the extent local laws are applicable, including without limitation, all applicable laws, rules and regulations regarding the transmission of data exported from the United States or the country in which you reside.

If an applicable ethical rule requires a scientist to «point out weaknesses and limitations,» do you think that is the same as «point out some but not necessarily all weaknesses and limitations»?

This is already a second ruling on the Italian statutes of limitation applicable to pending criminal proceedings regarding VAT fraud.

Although it's not applicable to all cases, the discovery rule provides an extension to what is considered the normal statute of limitations for your case.

Tennessee SB 3660 / HB 3060 (2008) Specifies that if an appellate court declares a disaster pursuant to applicable court rules, then all statutes of limitation and repose will be extended by the same number of days that the applicable filing deadlines are extended with deadlines to be extended only in county in which disaster is declared.

We consult with our clients on identifying the strengths and limitations of different indexing mechanisms in accordance the eDiscovery rules applicable to your case.

As Coulson J stated, «s 33 only applies to personal injury and fatal accident claims, not other forms of civil proceedings» and that such claims «have always been the subject of special rules relating to limitation», that secondly, as evident from countless authorities, «no decision under s 33 can be regarded as setting down definitive guidelines that are automatically applicable in another factual decision; any decision under s 33 has to be regarded as a decision on the particular facts of that case, and nothing more.»

A covered entity may use or disclose protected health information it created or received before or after the applicable compliance date of this rule for purposes of the project provided that the covered entity complies with all limitations expressed in the consent, authorization, or permission.

A covered entity may use or disclose protected health information it created or received before or after to the applicable compliance date of this rule for purposes of the project provided that the covered entity complies with all limitations expressed in the consent, authorization, or permission.

While missing a limitation date often results from poor practice management, it may also result from a lack of knowledge of the applicable statute or rule.

It is often possible to correct these problems notwithstanding the applicable limitation period by relying on one or more of the following: i) discoverability; ii) section 21 (2) of the Limitations Act, 2002, which permits the misnaming or misdescription of a party to be corrected after a limitation period has expired; iii) the doctrine of special circumstances (this doctrine is only available with respect to some limitation periods); and / or iv) in some rare cases, Rule 2.01 of the Rules of Civil Procedure (for example, see: Hastings v. Halton Condominium Corp to 324, 2013 CanLII 436 (ON SC)-RRB-.

Handled claims from all 50 states, with the exception of Connecticut, and applied all specific state laws and statute of limitations rules where applicable

In addition, each and every Sotheby's International Realty franchised office is contractually required to comply, in all respects, with all laws, rules and regulations applicable to the real estate industry, including without limitation, the requirements imposed by the Fair Housing Act.