Sentences with phrase «arises by operation»

The stay is automatic, meaning that arises by operation of law upon filing for bankruptcy.

In a marital tort, as in all torts, there must be a violation of some duty owed to the plaintiff, and generally that duty must arise by operation of law, not merely an agreement between the parties.

Not exact matches

Many factors could cause BlackBerry's actual results, performance or achievements to differ materially from those expressed or implied by the forward - looking statements, including, without limitation: BlackBerry's ability to enhance its current products and services, or develop new products and services in a timely manner or at competitive prices, including risks related to new product introductions; risks related to BlackBerry's ability to mitigate the impact of the anticipated decline in BlackBerry's infrastructure access fees on its consolidated revenue by developing an integrated services and software offering; intense competition, rapid change and significant strategic alliances within BlackBerry's industry; BlackBerry's reliance on carrier partners and distributors; risks associated with BlackBerry's foreign operations, including risks related to recent political and economic developments in Venezuela and the impact of foreign currency restrictions; risks relating to network disruptions and other business interruptions, including costs, potential liabilities, lost revenues and reputational damage associated with service interruptions; risks related to BlackBerry's ability to implement and to realize the anticipated benefits of its CORE program; BlackBerry's ability to maintain or increase its cash balance; security risks; BlackBerry's ability to attract and retain key personnel; risks related to intellectual property rights; BlackBerry's ability to expand and manage BlackBerry ® World ™; risks related to the collection, storage, transmission, use and disclosure of confidential and personal information; BlackBerry's ability to manage inventory and asset risk; BlackBerry's reliance on suppliers of functional components for its products and risks relating to its supply chain; BlackBerry's ability to obtain rights to use software or components supplied by third parties; BlackBerry's ability to successfully maintain and enhance its brand; risks related to government regulations, including regulations relating to encryption technology; BlackBerry's ability to continue to adapt to recent board and management changes and headcount reductions; reliance on strategic alliances with third - party network infrastructure developers, software platform vendors and service platform vendors; BlackBerry's reliance on third - party manufacturers; potential defects and vulnerabilities in BlackBerry's products; risks related to litigation, including litigation claims arising from BlackBerry's practice of providing forward - looking guidance; potential charges relating to the impairment of intangible assets recorded on BlackBerry's balance sheet; risks as a result of actions of activist shareholders; government regulation of wireless spectrum and radio frequencies; risks related to economic and geopolitical conditions; risks associated with acquisitions; foreign exchange risks; and difficulties in forecasting BlackBerry's financial results given the rapid technological changes, evolving industry standards, intense competition and short product life cycles that characterize the wireless communications industry.

Our results of operations may be adversely affected by any conflicts that might arise between our various distribution channels or the loss or deterioration of any alliance or distribution arrangement.

The Fund's portfolio will typically be fully invested in common stocks favored by Hussman Strategic Advisors, Inc., the Fund's investment manager, except for modest cash balances arising in connection with the Fund's day - to day operations.

Either way, by not letting Labour off the hook and causing the issue to arise again, some voters will be reminded that the Labour Party isn't necessarily the friend of the working man, has caused many students debt, and that its central operation is beginning to resemble the Russian military.

The Endocrine Society is not responsible for, and expressly disclaims all liability for, damages of any kind arising out of use, reference to, reliance on, or performance of such information, as well as for any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of any record.

PCOS Challenge, Inc. makes no warranty as to the accuracy of any information on third party websites and accepts no liability for any claims, errors, and omissions or for any damage or injury to persons or property arising out of the use or operation of any products, materials, instructions, methods or ideas provided by third parties.

Creation and destruction of social and environmental capital arising from production operations are not factored into corporate decision making unless mandated by government laws and regulations — or when communities suffering social and environmental costs threaten legal or physical action.

The Contractor hereby agrees to indemnify and hold harmless the Government, its officers and employees from and against all claims, demands, damages, liabilities, losses, suits and judgments (including all costs and expenses incident thereto) which may be suffered by, accrue against, be charged to or recoverable from the Government, its officers and employees by reason of injury to or death of any person other than officers, agents, or employees of the Government or by reason of damage to property of others of whatsoever kind (other than the property of the Government, its officers, agents or employees) arising out of the operation of the aircraft.

The Fund's portfolio will typically be fully invested in common stocks favored by Hussman Strategic Advisors, Inc., the Fund's investment manager, except for modest cash balances arising in connection with the Fund's day - to day operations.

To the fullest extent permitted by law, in no event and under no circumstances shall PetSmart Charities or the contributors of information to the Sites or our sponsors, licensors or authorized representatives be liable to you or any third party for direct, indirect, special, incidental, punitive or consequential damages (including without limitation any loss of profits, lost savings, or loss of data) arising out of your (or any authorized user's) or any unrelated party's use or inability to use the Sites, or your (or any authorized user's) or any unrelated party's reliance or use of information, products or services provided on or through the Internet, or that result from mistakes, omissions, interruptions, deletions of files or other data loss, errors, defects, delays in operation, service or transmission or any failure of performance of the Sites, even if we, or any of our authorized representatives, have been advised of the possibility of such damage and even if the remedies stated in these Terms of Use fail of their essential purpose.

No member may transfer his or her membership in the Club, nor any right arising therefrom, nor may any such membership or right be transferred by operation of law, to any other person or entity.

GTE Forum expressly disclaims any responsibilities or liabilities for any losses, damages, claims or expenses arising out of or in connection with the usage of the GTE Forum whether by the online registration in Global Tourism Economy Forum • Macau 2012 or otherwise from the use of the information obtained from the website, technical and / or software failure of any kind, interruptions, error, omission, delay in operation, viruses or otherwise.

You release, discharge and hold harmless PreFlight and its respective directors, officers, employees, agents and partners from any and all liability, claims or causes of action (known or unknown) arising out of any negligent act committed by or on behalf of PreFlight in connection with the operation or use of the Program.

Thus are created new visual dialogues, where arise new couples of works that the operation between them has the same accuracy required by the geometry and the awe that causes the transcendental.

The client's emotional state has a significant impact on the advice given about options for settlement; I have consistently found that the further my clients moved toward accepting both the end of their relationship and the parameters imposed by operation of law, the more opportunities for compromise and settlement arise.

(1) Collateral source rule not to apply — The damages awarded to a person in a proceeding for loss or damage arising directly 9r indirectly from the use or operation of an automobile shall be reduced by;

Under that regime, a claim of copyright was necessary for a copyright to be present and it was only available for published work, unlike current law under which a copyright with minimal protections arises automatically by operation of law upon the creation of the work.

In his prior role as general counsel, Mr. Black's leadership included overseeing a full spectrum of global business operations, including building a corporate legal department; handling compliance matters arising from investigations by the U.S. Securities and Exchange Commission and Department of Justice; and day - to - day corporate operational concerns.

In section (1) the statute requires auto insurance companies licensed in the state to cover the injuries and property damage of their out - of - state policy holders if it is «arising from the ownership, operation, maintenance, or use of a motor vehicle as a motor vehicle by an out - of - state resident.»

(2) Payments made or available to a person under the Statutory Accident Benefits Schedule in respect of a claim arising directly or indirectly from the use or operation, after section 29 of the Automobile Insurance Rate Stability Act, 1996 comes into force, of an automobile constitute, to the extent of the payments, a release by the person, the person's personal representatives, the person's insurer and anyone claiming through or under the person or by virtue of Part V of the Family Law Act,

Davis Systems are hereby added to the policy as additional Insureds but only with respect to liability arising out of the operations performed by or for the named insured but excluding any negligent acts committed by such additional Insured.

267 (1) The damages awarded to a person in a proceeding for loss or damage arising directly or indirectly from the use or operation of an automobile shall be reduced by,

(6) In an action for loss or damage from bodily injury or death arising directly or indirectly from the use or operation of an automobile, the damages to which a plaintiff is entitled for pecuniary loss, other than the damages for income loss or loss of earning capacity and the damages for expenses that have been incurred or will be incurred for health care, shall be reduced by all payments in respect of the incident that the plaintiff has received or that were available before the trial of the action for statutory accident benefits in respect of pecuniary loss, other than income loss, loss of earning capacity and expenses for health care.

267.8 (1) In an action for loss or damage from bodily injury or death arising directly or indirectly from the use or operation of an automobile, the damages to which a plaintiff is entitled for income loss and loss of earning capacity shall be reduced by the following amounts:

The Court of Protection Rules have been amended to accommodate applications to that court under s 21A of MCA 2005 arising from the operation of the scheme, for example an application which disputes a finding by a «supervisory authority», such as a local authority, that a care home resident is in fact deprived of his or her liberty within the meaning of Art 5 of the Convention.

In Thomas representatives of the Saik» uz and Stellat» en First Nations brought an action for alleged damages arising out of the construction and operation of a hydroelectric dam, authorized by the Government of British Columbia, by Rio Tinto Alcan and its predecessors on the Nechako River since the early 1950s.

The Group considers the tax risk associated with all material transactions or processes as and when these arise, and seeks to reduce the level of tax risk arising from its operations as far as is reasonably practicable by ensuring that reasonable care is exercised in relation to these areas.

Mediated dispute by contractors against a public entity arising out of a tunneling operation that encountered unexpected conditions and weather problems

The Supreme Court refused the MPS permission to appeal on its initial ground of appeal which was premised on its argument that the positive obligation (which they accepted arose under the ECHR by operation of art 1 in conjunction with art 3) did not arise under the HRA because art 1 is not one of the rights contained in schedule 1 of the HRA.

Operation Falcon Instructed by the Essex Police and Crime Commissioner carry out an extensive investigation and produce a report relating to the safeguarding issues arising from a case involving a sexual assault by a teenager on a young child and Essex Police's subsequent failure properly to investigate the matter.

To all cases arising under treaties made by their authority; because, as treaties are compacts made by, and obligatory on, the whole nation, their operation ought not to be affected or regulated by the local laws or courts of a part of the nation.

Global Legal Group shall not be liable for any direct or indirect, special, incidental or consequential damages including any loss of profits, business, revenue or goodwill arising from the use of or access to or inability to use or access, interruption or availability of the Website, its operation or transmission, computer viruses, loss of data or otherwise in respect of its use or the downloading or use of any software, including pdf files, made available by Global Legal Group on the Website.

The rights of custody mentioned in sub-paragraph a) above, may arise in particular by operation of law or by reason of a judicial or administrative decision, or by reason of an agreement having legal effect under the law of that State.

A Settlement is deemed to include payment of compensation by ICBC for damages arising out of the use or operation of a motor vehicle by an uninsured or underinsured motorist.

Third party beneficiary or similar responsibilities may arise under these business associate arrangements by operation of state law; we do not intend in this rule to affect the operation of such state laws.

Pursuant to s. 79 of the Regulation, they are paid «to an insured in respect of death or injury caused by an accident that arises out of the use or operation of a vehicle» regardless of fault.

Situations may arise where a covered entity that has obtained the individual's consent for the covered entity to use or disclose protected health information to carry out treatment, payment, or health care operations is asked to disclose protected health information pursuant to another written legal permission from the individual, such as an authorization, that was obtained by another person.

A basic garage liability insurance policy is designed to cover bodily injury or property damage caused by an accident arising out of garage business operations.

Any consequence, whether directly or indirectly, proximately or remotely occasioned by, contributed to by, or traceable to, or arising in connection with war, invasion, act of foreign enemy, warlike operations (whether war be declared or not), civil war or commotion; riot; rebellion; insurrection; revolution; overthrow of the legal government; explosions of war weapons, usage of nuclear, chemical, biological weapons; terrorist activity

Claims that arise from the operation of mobile equipment are not covered by a commercial auto policy.

Vendor holds Company harmless against all claims and suits arising from the operation by Vendor of its business conducted in connection with this Agreement and from any and all related claims and / or expense (including attorneys fees).

Under no circumstances the Affiliates will be liable for any damages including general, special, direct, indirect, incidental, consequential, punitive or any other damages (including, without limitation, lost profits or business interruption) of any kind whether in an action in contract or negligence arising or relating in any way to the use or inability to use by any party of the content, the Site or any third - party site to which this Site is linked, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if the Affiliates, or representatives thereof, are advised of the possibility of such damages, losses or expenses.

• Track record of proactively planning, developing and coordinating all emergency response and recovery activities in support of dedicated emergency management plans • Highly experienced in conducting research and surveys to effectively develop and implement emergency management programs and disaster planning support • Skilled in designing and administering emergency preparedness trainings to ensure accurate response to major emergencies and disaster situations • Exceptionally well - versed in inspecting facilities and equipment such as emergency management centers and communication equipment to determine operation and functional capabilities • Proficient in directing emergency response teams and crises management activities to provide onsite analysis and investigations • Competent in developing department - level emergency programs and assisting department leadership in maintaining and implementing them effectively • Adept at conducting periodic tests of all implemented emergency preparedness programs by coordinating drills and exercises • Proven record for effectively monitoring compliance of emergency preparedness plans to ensure that no regulatory issues arise • Qualified to define emergency management programs for each company, based on the individual and specific needs of the organization • First - hand experience in conducting after - action - critiques for emergency exercises to identify needed corrective actions

The operation of the hostel is overseen by an Advisory Group comprising of representatives from Department of Correctional Services, Aboriginal Hostels Limited, Centrelink, police, community agencies and Aboriginal Housing, which meets monthly to discuss and address matters arising.

To the maximum extent permitted by applicable law, Better Homes and Gardens Real Estate LLC and its affiliates and its and their officers, directors, employees, shareholders, FRANCHISEES or agents shall not be liable for any direct, indirect, punitive or consequential damages, or any other damages of any kind, including but not limited to loss of income, profits, goodwill, data, contracts, use of money, or loss or damage arising from or connected in any way to business interruption, whether in tort (including without limitation negligence), contract or otherwise, arising out of or in connection with the use or inability to use the Web Site, content, User Content contained in or accessed through the Web Site, including without limitation any damages caused by or resulting from reliance by a user on any information obtained from Better Homes and Gardens Real Estate LLC, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to Better Homes and Gardens REAL ESTATE LLCs» records, programs or services.