Sentences with phrase «as waiver of that right»

No delay or omission on the part of either party in requiring performance by the other party of its obligations will operate as a waiver of any right.

In the event that The Company fails to take action, it shall not be deemed as a waiver of its right or prevent it from taking subsequent action in respect of that right or of any other right.

Waiver of a right to jury trial is not the same as waiver of the right to trial: what the agreement says is that litigants would have a civil bench trial, where the judge determines whether there was a breach.

Not exact matches

This time, the focus is more narrowly on ensuring that people not be forced to agree to potential arbitration as a condition of their employment and that employers be prohibited from «threatening, retaliating or discriminating against, or terminating any applicant for employment or prospective employment or any employee because of the refusal to consent to the waiver of any right, forum, or procedure for a violation of specific statutes governing employment.»

Failure by Franklin Templeton to enforce any provision (s) of these Terms of Use shall not be construed as a waiver of any provision or right.

Except as provided in Section 8 above, no modification of or amendment to this Agreement, or any waiver of any rights under this Agreement, shall be effective unless in writing signed by each party hereto.

The Action Network Group's failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right.

Any forbearance or delay on the part of either party in enforcing any of its rights under this Terms of Service will not be construed as a waiver of such right to enforce same for such occurrence or any other occurrence.

No failure to exercise, partial exercise of, or delay in exercising any right or remedy under these Terms & Conditions shall operate as a waiver or estoppel of any right, remedy, or condition.

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SERVICE, AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS, INCLUDING, BUT NOT LIMITED TO, WAIVERS OF RIGHTS, LIMITATION OF LIABILITY, AND YOUR INDEMNITY TO US, AND THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN COURTS OR JURY TRIALS, AND LIMITS THE REMEDIES AVAILABLE IN THE EVENT OF A DISPUTE.

And they'll be partly right, for the promised waivers, once issued, really do ease the most painful parts of NCLB — provisions that analysts and critics (ourselves included) have pointed to for a very long time as needing revision.

LA Unified Superintendent John Deasy said in an interview that the metrics used by LA Unified and the other districts granted the waiver still give parents the right to use the Parent Trigger law, so long as a school has been deemed in need of improvement for two consecutive years, ending with the 2014 - 2015 school year.

Last month, the administration scrambled to get Virginia to scrap its low expectations for poor and minority children amid outcry from reformers and civil rights activists over the Old Dominion's move to approve AMO targets that only require districts to ensure that 57 percent of black students (and 65 percent of Latino peers) are proficient in math by 2016 - 2017; those targets were blessed by the administration back in June as part of its approval of the state's waiver proposal.

More outcry is likely to come in the coming months as reformers and civil rights activists in D.C., Tennessee and other states learn how the waiver gambit has essentially allowed states to damn children through the soft bigotry of low expectations.

Certainly a few reformers, notably those of a civil rights orientation, have battled strongly against the waiver gambit; this includes Alliance for Excellent Education, which has rallied organizations, along with congressional leaders such as Rep. George Miller (who helped craft No Child) to beat back against the administration's efforts to allow states to game graduation rates.

You are sooo right Jon — this just replaces NCLB and does have even more pieces of concern — by the way — the testing will now include 5 year olds as K - 3 will now be included — thank God we are not letting those kids play anymore — the only thing the waiver provides is that it gets rid of the idiotic unachievable goal of having every student read at proficient / goal by 2014 — its nice to set the bar high but a little bit of realism wouldnt hurt when making policy ---

C. Any waiver by a consumer of any of the provisions of this chapter shall be deemed void and unenforceable by a credit services business as contrary to public policy of this Commonwealth, and any attempt by a credit services business to have a consumer waive rights given by this chapter shall constitute a violation of this chapter.

Participation in this Program serves as a one - time waiver of privacy rights by both parties, whereas each may be aware of the presence of an account relationship.

As explained in more detail in the fund's prospectus, the fund that charges a redemption fee reserves the right to waive its early redemption fee for certain tax - advantaged retirement plans or charitable giving funds, certain fee - based or wrap programs, or in other circumstances when the fund's officers determine that such a waiver is in the best interest of the fund and its shareholders.

Failure by us to enforce any particular term of these Terms shall not be construed as a waiver of any of our rights hereunder.

Blue Buffalo's failure to insist upon or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right.

The failure of the Slow Travel Classifieds to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right.

Koch Media's failure to insist upon or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right.

API Downstream Group Director Bob Greco told reporters EPA is right to use its waiver authority to set the requirements below the original congressional mandate, calling it an acknowledgment of the «market limitations of the ethanol blend wall» — the amount of ethanol that can be safely blended into the fuel supply as E10 gasoline that's standard across the country.

The parties also irrevocably waive their rights to any form of appeal, review or recourse to any State court or other judicial authority with respect to such Award insofar as such waiver may be validly made.»

By submitting the dispute to arbitration under the Rules, the parties undertake to carry out any award without delay and shall be deemed to have waived their right to any form of recourse insofar as such waiver can validly be made.»

It remains to be seen whether a more draconian contractual provision, such as one which would expressly seek to effect a waiver of more fundamental Art 6 rights, will be upheld in this manner.

When someone signs a waiver agreeing not to enforce their strict rights over a period of time, such as receiving payments, can they still later claim such payments back?

A waiver of moral rights should be obtained from a true «employee» as well, as moral rights belong to the «author» of the work, and not necessarily the first owner of the copyright.

Waiver or release void except as permitted Any waiver or release by a person of the person's rights, benefits or protections under this Act is void except to the extent that the waiver or release is expressly permitted by thiWaiver or release void except as permitted Any waiver or release by a person of the person's rights, benefits or protections under this Act is void except to the extent that the waiver or release is expressly permitted by thiwaiver or release by a person of the person's rights, benefits or protections under this Act is void except to the extent that the waiver or release is expressly permitted by thiwaiver or release is expressly permitted by this Act.

Moreover, the waiver of immunity contended for was an implied waiver, said to arise from the arbitration agreement itself where it was agreed that the Award was to be «binding on the parties» and included a provision that the parties undertook «to carry out any Award without delay and should be deemed to have waived their right to any form or recourse insofar as such waiver can validly be made».

It is rather clear that the law is not consistent on whether what would be considered a somewhat general waiver of a spouse's rights in the other spouse's IRA will waive the right to take as beneficiary.

General provisions (Article 17) Place of arbitration (Article 18) Language (Article 19) Statement of claim (Article 20) Statement of defence (Article 21) Amendments to the claim or defence (Article 22) Pleas as to the jurisdiction of the arbitral tribunal (Article 23) Further written statements (Article 24) Periods of time (Article 25) Interim measures (Article 26) Evidence (Article 27) Hearings (Article 28) Experts appointed by the arbitral tribunal (Article 29) Default (Article 30) Closure of proceedings (Article 31) Waiver of right to object (Article 32)

6/24/2013 - Too Darn Bad: The Supreme Court Rejects Vindication of Federal Statutory Rights as a Ground to Invalidate Class Action Waivers in Arbitration Agreements

If a franchisee chooses to waive or release any rights under the Act as part of a settlement with a franchisor, that waiver or release is legally valid and enforceable.

We assist clients with rights clearance, including negotiating appropriate licenses, consents and releases as well as waivers of moral rights.

Early Disposition Programs — commonly referred to as «fast - track» sentencing - allow a federal prosecutor to offer a below - Guidelines sentence in exchange for a defendant's prompt guilty plea and waiver of certain pre-trial and post-conviction rights.

In Canada, the term waiver is defined as, «the abandonment of some right that can be exercised, or to renouncement of some benefit or advantage which, but for such waiver, the party relinquishing would have enjoyed» (Robert W. Hubard, Susan Magotiaux and Susan M. Duncan, The Law of Privilege in Canada, Release No. 36 (Toronto: Thomson Reuters Canada, 2016), at 11 - 66.7).

The Internal Revenue Code treats those transfers as a gift of property because the waiver of marital rights is not an «adequate consideration» for the property transferred.

Therefore, in the final rule, we have retained the term «welfare» in this criterion for the alteration or waiver of authorization but modified the criterion as follows to focus more specifically on privacy concerns and to clarify that it pertains to alterations of authorization: «the alteration or waiver will not adversely affect the privacy rights and the welfare of the individual.»

As such, there was no waiver of rights by the claimants and no injustice to M.

Failure to require compliance or to exercise any right shall not be constituted as a waiver by owner of said term, condition, and / or right, and shall not affect the validity or enforceability of any provision of this agreement.

Partner further agrees that the payment of liquidated damages shall not be construed as a release or waiver by the Company of the right to prevent the continuation of any such breach of this Agreement in equity or otherwise and shall not preclude or be construed to preclude the Company from making a showing of irreparable injury or any other element that may be necessary to secure injunctive relief.

Under the general principles of common law, if you hire an appraiser, and there is no contractual or statutory waiver of a right to sue, you would have to show that (1) there is the standard of professional conduct applicable to the appraisal profession in preparing the appraisal that requires the use of the best available comparables (probably with an expert witness certified as an appraiser), (2) the appraiser in this case engaged in conduct that breached the standard of professional conduct applicable to appraisers, (3) this breach caused you harm that was reasonable foreseeable at the time the appraisal was prepared, and (4) that you suffered quantifiable damages that were foreseeably caused by this breach of duty.

The failure by a party to exercise or enforce any right hereunder shall not operate as a waiver of such party's right to exercise or enforce such right or any other right in the future.

Arcade Drivers School's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provisions or right.

Note: If the student has not scheduled and / or attended all required training within the 18 week period, it is considered by I Drive Smart, Inc. as an implied waiver of this requirement under the MVA Student Bill of Rights and Responsibilities.

No failure or delay in exercising, on the part of either party, any privilege, power, or right hereunder will operate as a waiver thereof.

The failure of Daring Education to enforce any provision or right as found in this agreement will not constitute a waiver of such provision or right.

Releases have the same effect as waivers of subrogation because the insurer's rights exist only if the insured has the right.