Sentences with phrase «as breach of the obligation»

The right to work was at the centre of expectations associated with official recognition, in the sense that being banned from the streets was interpreted as a breach of the obligations owed to citizens by the state.

Not exact matches

The Report, which follows 9 months of investigation, finds that the banks do not prioritize financial consumer protection, fairness and product suitability and as a result there is an increased risk of mis - selling to consumers and of bank employees breaching market conduct obligations.

Actual results may vary materially from those expressed or implied by forward - looking statements based on a number of factors, including, without limitation: (1) risks related to the consummation of the Merger, including the risks that (a) the Merger may not be consummated within the anticipated time period, or at all, (b) the parties may fail to obtain shareholder approval of the Merger Agreement, (c) the parties may fail to secure the termination or expiration of any waiting period applicable under the HSR Act, (d) other conditions to the consummation of the Merger under the Merger Agreement may not be satisfied, (e) all or part of Arby's financing may not become available, and (f) the significant limitations on remedies contained in the Merger Agreement may limit or entirely prevent BWW from specifically enforcing Arby's obligations under the Merger Agreement or recovering damages for any breach by Arby's; (2) the effects that any termination of the Merger Agreement may have on BWW or its business, including the risks that (a) BWW's stock price may decline significantly if the Merger is not completed, (b) the Merger Agreement may be terminated in circumstances requiring BWW to pay Arby's a termination fee of $ 74 million, or (c) the circumstances of the termination, including the possible imposition of a 12 - month tail period during which the termination fee could be payable upon certain subsequent transactions, may have a chilling effect on alternatives to the Merger; (3) the effects that the announcement or pendency of the Merger may have on BWW and its business, including the risks that as a result (a) BWW's business, operating results or stock price may suffer, (b) BWW's current plans and operations may be disrupted, (c) BWW's ability to retain or recruit key employees may be adversely affected, (d) BWW's business relationships (including, customers, franchisees and suppliers) may be adversely affected, or (e) BWW's management's or employees» attention may be diverted from other important matters; (4) the effect of limitations that the Merger Agreement places on BWW's ability to operate its business, return capital to shareholders or engage in alternative transactions; (5) the nature, cost and outcome of pending and future litigation and other legal proceedings, including any such proceedings related to the Merger and instituted against BWW and others; (6) the risk that the Merger and related transactions may involve unexpected costs, liabilities or delays; (7) other economic, business, competitive, legal, regulatory, and / or tax factors; and (8) other factors described under the heading «Risk Factors» in Part I, Item 1A of BWW's Annual Report on Form 10 - K for the fiscal year ended December 25, 2016, as updated or supplemented by subsequent reports that BWW has filed or files with the SEC.

The term of the TRAs will commence upon the completion of this offering and will continue until all such tax benefits have been utilized or expired, unless we exercise our rights to terminate the agreements or payments under the agreements are accelerated in the event that we materially breach any of our material obligations under the agreements (as described below).

Examples of these risks, uncertainties and other factors include, but are not limited to the impact of: adverse general economic and related factors, such as fluctuating or increasing levels of unemployment, underemployment and the volatility of fuel prices, declines in the securities and real estate markets, and perceptions of these conditions that decrease the level of disposable income of consumers or consumer confidence; adverse events impacting the security of travel, such as terrorist acts, armed conflict and threats thereof, acts of piracy, and other international events; the risks and increased costs associated with operating internationally; our expansion into and investments in new markets; breaches in data security or other disturbances to our information technology and other networks; the spread of epidemics and viral outbreaks; adverse incidents involving cruise ships; changes in fuel prices and / or other cruise operating costs; any impairment of our tradenames or goodwill; our hedging strategies; our inability to obtain adequate insurance coverage; our substantial indebtedness, including the ability to raise additional capital to fund our operations, and to generate the necessary amount of cash to service our existing debt; restrictions in the agreements governing our indebtedness that limit our flexibility in operating our business; the significant portion of our assets pledged as collateral under our existing debt agreements and the ability of our creditors to accelerate the repayment of our indebtedness; volatility and disruptions in the global credit and financial markets, which may adversely affect our ability to borrow and could increase our counterparty credit risks, including those under our credit facilities, derivatives, contingent obligations, insurance contracts and new ship progress payment guarantees; fluctuations in foreign currency exchange rates; overcapacity in key markets or globally; our inability to recruit or retain qualified personnel or the loss of key personnel; future changes relating to how external distribution channels sell and market our cruises; our reliance on third parties to provide hotel management services to certain ships and certain other services; delays in our shipbuilding program and ship repairs, maintenance and refurbishments; future increases in the price of, or major changes or reduction in, commercial airline services; seasonal variations in passenger fare rates and occupancy levels at different times of the year; our ability to keep pace with developments in technology; amendments to our collective bargaining agreements for crew members and other employee relation issues; the continued availability of attractive port destinations; pending or threatened litigation, investigations and enforcement actions; changes involving the tax and environmental regulatory regimes in which we operate; and other factors set forth under «Risk Factors» in our most recently filed Annual Report on Form 10 - K and subsequent filings by the Company with the Securities and Exchange Commission.

«Through our connections in the market we had been informed there has been a bit of disquiet around the 15 July writedowns, so both ourselves and Maurice Blackburn undertook some investigations into what we see as the potential breach of disclosure obligations.»

Because the Vienna Convention provides its own system of remedies by way of declaration of persona non grata and breach of diplomatic relations, even manifest abuse can not be relied on to justify forcible entry as a form of reprisals for breach of the obligation under Article 41 of the Convention to respect the laws and regulations of the receiving State.»

But they also said they want to make immediate changes before the UK actually leaves the EU, such as curbing the power of EU judges and limiting the free movement of workers, potentially in breach the UK's treaty obligations.

Following the recent presidential pardon granted some convicts by President Goodluck Jonathan, Socioeconomic Rights and Accountability Project, SERAP has called on the government of President Goodluck Jonathan to immediately «rescind the alleged state pardon granted former Bayelsa State Governor, Diepreye Alamieyeseigha, and former head, Bank of the North, Shettima Bulama, as the said pardon is a fundamental breach of the country's constitution and international anti-corruption obligations.»

«Also there would be an issue as to whether Australia was breaching international obligations under TRIPS, the World Trade Organization's trade - related aspects of intellectual property rights system, as well as the Australian - U.S. Free Trade Agreement.»

(b) ELITESINGLES reserves the right to block or remove from its site any offensive or incorrect communication or information, and / or any communication or information brought to its attention which it reasonably suspects infringes any applicable laws, regulations or third party rights (such as material that is obscene, indecent, pornographic, seditious, offensive, defamatory, threatening, liable to incite racial hatred, menacing, blasphemous or in breach of any third party intellectual property rights) but ELITESINGLES has no obligation to review any communication or information provided by members for inclusion on the website.

If we do terminate as a result of a breach of any obligation under these terms and conditions such termination will be immediate and without notice.

11.5 You undertake to indemnify us and keep us at all times fully indemnified from and against all actions, proceedings, claims, demands, costs (including without prejudice to the generality of this provision our legal costs), awards and damages however arising directly or indirectly as a result of any breach or non-performance by you of any of your undertakings, warranties or obligations under these terms and conditions.

Authors basically can not terminate the license unless Dymocks is proven to be in breach of the agreement, which would be difficult for an author to prove, as the agreement does not put much obligation on Dymocks to do specific things.

Our payment of the Liquidated Damages is Our sole liability and entire obligation and the Author's exclusive remedy for the listed breaches for which the enhanced Author Royalties percentages are listed as a remedy.

The court case we've run is alleging breaches of the responsible lending obligations, as well as some instances of unconscionable conduct in relation to a series of loans that were given to consumers for the purchase of motor vehicles.

Each member of PADI has an obligation to inform PADI if they witness first - hand a breach of standards, but mostly this is ignored, as it is seen as snitching on or gossiping about a fellow member.

You agree to reimburse each Square Enix Party (as defined in section 3.2 above) in full for the amount of any and all claims, proceedings, actions, demands, damages, losses, liabilities, costs and expenses suffered or incurred by such Square Enix Party, in each case as a result of or in connection with: (a) any breach of any of your obligations, warranties, representations or undertakings under the Site Terms; and / or (b) any illegal use of your Membership or Account by any person (s).

I think of how, in the U.S., getting over on the system is often seen as being smart, and the shame with being discovered comes relatively less from breaching societal obligations than from being careless and getting caught.

This is why that obligation should be characterised as a «supply obligation» rather than an actual «obligation to purchase», which involves the infliction of a penalty by the president of the URE in case of breach.

The Court ruled that the employee knew, or ought to have known, that the surreptitious recording was a breach of his confidentiality and privacy obligations to his employer as well as of the personal code of conduct he had prepared as part of the corrective action imposed on him.

Shortly after the decision was handed down, National Archives released a joint opinion by the law officers in 1971, advising what would happen should Parliament subsequently enact, as it did, legislation in breach of our treaty obligation.

Costa Rica v. Nicaragua (Certain Activities Carried Out By Nicaragua in the Border Area)(Reparation Phase): instructed as junior counsel to Costa Rica in claim for reparation before International Court of Justice arising from, inter alia, environmental harm caused by breach of international obligations by Nicaragua.

«Project X»: represented Respondent purchaser of «superyacht» defending a claim for alleged losses and damage suffered as a result of an alleged wrongful repudiation of a written brokerage agreement and as a result of alleged breaches of Respondent's obligation of confidentiality arising under that agreement.

But, while lost time is not compensable as a general rule, lost income (either from wages or profits) usually is compensable so long as it is foreseeably caused by the breach of a legal obligation, and is not merely speculative.

He is unlikely to get the benefit of an indemnity for this, since it would almost certainly be a breach of his obligations to the LLP, but in practice he should not worry, since the risk is the same to the LLP's insurers, and the Law Society's minimum terms and conditions require insurers to cover individuals in such circumstances, and top - up insurers should be required to do so as well.

Hans Allnutt Qualified: 2004 Made partner: 2014 Key cases: Advising three separate US companies that suffered cyber attacks, on their European data protection obligations; advising on the recovery of funds stolen from a professional firm as a result of a phishing attack; advising the MD of a finance broking house following a cyber extortion demand and data breach.

In a case brought by the Solicitors Regulation Authority (SRA), the partners of Clyde and Co solicitors admitted they allowed a client account to be used as a banking facility, acting against SRA accounting rules and in breach of existing obligations under the then - current money laundering regulations (2007).

David Smith, deputy information commissioner, says: «The prospect of substantial fines for deliberate or reckless breaches of the data protection principles will act as a strong deterrent and help ensure organisations take their data protection obligations more seriously.»

As is well known, the without notice application requires full and frank disclosure from the applicant, and the court is astute to police breaches of the obligation.

Vorvis was interpreted by many as requiring the plaintiff to prove that the defendant also committed a tort or, as an example, breached a fiduciary obligation in addition to a breach of contract.

The Inquiry was called as a result of pressure from Indigenous women, family members, Canadian human rights organizations and international and regional human rights bodies that found Canada in breach of its international human rights obligations to act with due diligence to prevent violence against Indigenous women and girls.

As a founding member of the Data Law Practice at an Am Law 100 law firm, Alia was the co-architect of a privacy - related legal expert system designed to advise clients of their reporting obligations in the wake of a data breach.

Northrock sued ExxonMobil, its subsidiaries, and the third party, alleging that the transfer by ExxonMobil to its subsidiaries was in breach of the principle established in GATXCorp v Hawker Siddeley Canada Inc («GATX») that a seller acts in bad faith if a transaction is structured so as to avoid ROFR obligations.

This requirement is issued with a clear stated intention of the regulator that «the new clause aims to enable aggrieved investors to seek redress as a contractual right under the client agreement» in such situation where an intermediary has breached suitability obligation.

As provided in the HIPAA Breach Notification Rule, covered entities, upon discovery of a breach of unsecured PHI, may have up to three separate notification obligations, depending upon the number of affected indiviBreach Notification Rule, covered entities, upon discovery of a breach of unsecured PHI, may have up to three separate notification obligations, depending upon the number of affected indivibreach of unsecured PHI, may have up to three separate notification obligations, depending upon the number of affected individuals:

Clayson v. Ogden [2010], Bournemouth County Court --(a forfeiture claim concerning the breach of repairing obligations in a lease of a flat and whether or not the lease qualified as a long lease)

For this reason, the Court held that Botony had breached several of its statutory obligations as an employer.

57 (1) If the commissioner has made an order under this Act against an organization and the order has become final as a result of there being no further right of appeal, an individual affected by the order has a cause of action against the organization for damages for actual harm that the individual has suffered as a result of the breach by the organization of obligations under this Act.

Superyacht — brokerage dispute: instructed on behalf of a purchaser of a multi-million Euro «superyacht» (100 + m) to defend a substantial claim proceeding in (LMAA) arbitration for alleged losses and damage suffered as a result of an alleged wrongful repudiation of a written brokerage agreement and as a result of alleged breaches of the Respondent's obligation of confidentiality arising under that agreement.

NP Aerospace Limited (trading as Morgan Advanced Materials Composites and Defence Systems) v Ministry of Defence [2014] EWHC 2741 (TCC)(procurement, allegedly abnormally low tender and alleged breaches of obligations of equal treatment and transparency).

The pharmacists unsuccessfully sought to oppose this transfer of health records on the basis that it would cause them to breach their professional obligations as well as applicable privacy legislation.

[30] Misconduct «going to the core of the employment relationship» includes, as the Court explains at para. 48, behaviour that «violates an essential condition of the employment contract, breaches the faith inherent to the work relationship, or is fundamentally or directly inconsistent with the employee's obligations to his or her employer.»

Dispute as to whether previous award of damages for breach of a «keep open» clause in a commercial lease precluded the landlords from enforcing the repairing obligation and having the vacant premises put into a condition whereby they could immediately be traded from.

Representing two former employees as sole counsel in a High Court claim for breach of confidence, fiduciary duties, and fidelity obligations (settled on confidential terms).

Pain, suffering and loss of amenity and / or diminution in value and / or loss of enjoyment of holidays and / or losses and expenses sustained by them during their stays at the Hotel Torremolinos Beach Club Hotel between October 2000 and July 2002 as a result of the Defendants» alleged breach of contracts, the Defendants» and / or suppliers of other services failure to properly perform their obligations to the Claimants in accordance with the Package Travel, Package Holidays and Package Tours regulations 1992.

As I have written in a recent article on the topic of shoplifting demand letters, when lawyers send letters that mislead the public as to their legal obligations, there is a strong case that these lawyers are breaching rules of professional misconduct by, among other things, knowingly assisting their clients in dishonest conduct and violating their obligations to act in good faith and practice law with integritAs I have written in a recent article on the topic of shoplifting demand letters, when lawyers send letters that mislead the public as to their legal obligations, there is a strong case that these lawyers are breaching rules of professional misconduct by, among other things, knowingly assisting their clients in dishonest conduct and violating their obligations to act in good faith and practice law with integritas to their legal obligations, there is a strong case that these lawyers are breaching rules of professional misconduct by, among other things, knowingly assisting their clients in dishonest conduct and violating their obligations to act in good faith and practice law with integrity.

The common law courts have frequently treated termination as an ordinary breach of contract, where the obligation to mitigate applies.

It seems to me strongly arguable that in the circumstances of a case such as this, where the employer discovers that the employee has been in serious breach of duty and in breach of good faith, and then discovers that the employee is tied effectively to a rival already... then the employer has, even if he keeps the contract alive, no obligation to provide work; that obligation to provide work being interdependent with the obligation of the employee to act loyally.»

I wonder if the Court of Justice could be sued at the General Court for breach of its obligation under article 6 (2) TUE, namely the obligation to support the accession to the ECHR as the Court is also an EU institution to which article 6 (2) is opposable.