Sentences with phrase «available as a remedy»

Whereas the sources of Ofsted and the secretary of state's powers make their decisions plainly amenable to judicial review by Shoesmith, it is less clear that judicial review is available as a remedy against her employer.
In City of Vancouver v. Alan Cameron Ward (Case No. 33089), the Court has been asked to determine whether damages are available as a remedy under s. 24 (1) when a Charter breach was not accompanied by a tort, did not result in loss to the plaintiff, or was not the product of bad faith.
R v. Nasogaluak, 2010 SCC 6 where Andrew Lokan and Danny Kastner represented the Canadian Civil Liberties Association at the Supreme Court of Canada and successfully argued that sentence reductions, even below mandatory minimum sentences, ought to be available as a remedy for unconstitutional state conduct in the criminal justice process.

Not exact matches

But when mortgages soured, trustees declined to pursue available remedies for investors, such as pushing a servicer to buy back loans that did not meet quality standards promised when the securities were sold.
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 Patent Act defines your rights as a patentee (patent holder) and available legal remedies whether your startup experiences patent infringement or commits it.
They are ordered not to regard the unborn as having moral rights, and not to take those steps otherwise available to their offices to protect and remedy the injustices against that class of persons.
Chile, therapeutically available as cayenne, has an impressive history as an herbal remedy and a general health aid, and we thought readers would be interested to know more about the health benefits of one of their favorite foods.
Notwithstanding the foregoing, no action brought by either party against the other for breach of this Agreement shall be limited to breach of contract remedies and either party may bring any additional cause (s) of action that would otherwise be available to it, including and only as applicable based on the facts presented, copyright infringement pursuant to Title 17 of the United States Code.
There are over-the-counter remedies available, which some parents report as being helpful, while others find they make no difference.
However, they also reinforce that you should discuss your situation and options with your doctor, because you have several remedies available when it comes to using medication as a form of treatment while breastfeeding.
If it is, then the next question will be whether to medicate with - for example - Nystatin, which is a prescription antifungal liquid or if available home remedies can be tried as the first option.
Alternatively, the ex NSA prays for an order staying further proceedings in the charge until he has exhausted the remedies available to him in law for the enforcement of his right to liberty as preserved by the bail order granted him.
«The remedy for New York not being able to deduct their property taxes as a deduction on their federal income tax returns and whatever deductions are available is for New York state not to tax so much,» DeFrancisco said.
«I believe in the justice system, and we will pursue all remedies that are available,» Silver said as he left court.
Alternatively, for the avoidance of doubt, the foregoing contractual remedies apply in addition and not in substitution of any rights and remedies for breach available in the law, such as the right to terminate the License, the right to claim damages, and disgorging of any profits generated by activities prohibited under this ANNEX A.
that the Postdoctoral Scholar understands the procedural and substantive differences between arbitration and the other remedial forum or forums in which the dispute might have been resolved, including the differences in the scope of remedies available in arbitration as compared to other forums.
She's tried almost every class of prescription drugs available, along with home remedies such as avoiding caffeine, staying hydrated, and practicing meditation.
Wonderful and effective herbs, nutrients, homeopathic remedies, and other therapies are also available to improve our gut and brain health, and best given as part of an individualized treatment plan.
According to Mountain Rose Herbs, ginger root the most widely used and available herbal remedy on the planet, with billions of people using it every day as both food and medicine.
Available as essential oil, liquid extract, and capsule form, parsley remedies and supplements are easily found in many specialized health stores and online suppliers, which offer a wider selection of brands and prices.
As St. John's wort is a well - established herbal remedy, preparations containing it, from tinctures and salves to capsules, are typically available online, as well as in specialized health stores and some pharmacieAs St. John's wort is a well - established herbal remedy, preparations containing it, from tinctures and salves to capsules, are typically available online, as well as in specialized health stores and some pharmacieas well as in specialized health stores and some pharmacieas in specialized health stores and some pharmacies.
There are also natural ways to replace lost hormones such as plant pseudo-estrogens and herbal remedies that are available over the counter, in addition to bio-identical hormone replacement therapy (BHRT — not to be confused with HRT which involves the use of synthetic hormones).
(PRLEAP.COM) NEW: RESCUE SLEEP — Non-habit forming, fast acting natural sleep aid At last a non-habit forming and fast acting natural sleep aid from the makers of Bach Rescue Remedy ® is available as of today at your favorite health food and nutrition stores or can be ordered online at www.DirectlyFromNature.com We Americans have a problem getting restful sleep.
24.3 You acknowledge and agree that the Company would be irreparably damaged if the terms of these Terms & Conditions were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of these Terms & Conditions, in addition to such other remedies as we may otherwise have available to us under applicable laws.
Humor Rainbow reserves the right, at its sole discretion, to seek and obtain any other remedies available to it pursuant to any applicable laws and regulations or at equity as a result of your breach of these Terms of Use or any other act or omission by you that gives rise to a claim by Humor Rainbow.
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.
Nothing in this section shall be construed as preventing Edutopia from pursuing any and all remedies available to it, including the recovery of money damages from you.
In any action against a State for a violation of the requirements of this Act, remedies (including remedies both at law and in equity) are available for such a violation to the same extent as such remedies are available for such a violation in an action against any public or private entity other than a State.
10 mo.) Date: Mileage: Source: Comments: 02/17/2008 NICBVehicle manufactured and shipped to Maryland02 / 27/2008 10 MileOne Automotive Group mileone.comVehicle serviced02 / 27/2008 MileOne Automotive Group mileone.comVehicle offered for sale03 / 11/2008 MileOne Automotive Group mileone.comVehicle sold03 / 11/2008 Maryland Motor Vehicle Dept. Columbia, MD Title # 39206937Registration issued or renewed Title or registration issued First owner reported Titled or registered as personal vehicle Loan or lien reported06 / 11/2008 3,941 MileOne Automotive Group mileone.comOil and filter changed01 / 28/2009 15,777 MileOne Automotive Group mileone.comElectrical system checked03 / 04/2009 17,790 MileOne Automotive Group mileone.comElectrical system checked08 / 08/2011 61,935 MileOne Automotive Group mileone.comVehicle serviced08 / 08/2011 Maryland Inspection Station Columbia, MDPassed emissions inspection03 / 14/2012 Maryland Motor Vehicle Dept. Columbia, MD Title # 39206937Registration issued or renewed Registration updated when owner moved the vehicle to a new location08 / 13/2013 Maryland Inspection Station Columbia, MDPassed emissions inspection03 / 26/2014 Maryland Motor Vehicle Dept. Columbia, MD Title # 39206937Registration issued or renewed11 / 13/2014 DAS Auto Care Columbia, MD Muffler replaced Oil and filter changed07 / 01/2015 134, 078 DAS Auto Care Columbia, MD Oil and filter changed08 / 05/2015 Maryland Inspection Station Columbia, MDPassed emissions inspection11 / 27/2015 141, 400 DAS Auto Care Columbia, MD Drive belt (s) replaced Oil and filter changed02 / 17/2016 Toyota Motor Sales, USA, Inc.Manufacturer Recall Issued NHTSA # 16V096 Recall #G0F Safety Recall G0F - Remedy Notice 2006 - 2012 Model Year RAV4 2012 - 2014 Model Year RAV4 EV Rear Outboard Seatbelts Status: Remedy Available Locate an authorized Toyota dealer near you to schedule an appointment + Learn more about this recall03 / 05/2016 Maryland Motor Vehicle Dept. Columbia, MD Title # 39206937Registration issued or renewed04 / 23/2016 DAS AUTO CARE Columbia, MD Fluids checked Oil and filter changed07 / 07/2016 DAS AUTO CARE Columbia, MD Crankshaft position sensor replaced Engine oil / fluid leak checked Engine / powertrain computer / module checked Fluids checked Oil and filter changed Water pump replaced09 / 17/2016 DAS AUTO CARE Columbia, MD Fluids checked Oil and filter changed
Electronic stability isn't available on the Escape Hybrid, something Ford will probably remedy in the next model year, as the Department of Transportation will make it a requirement.
If a third party asserts that you did not have all rights required to make your eBook available on NOOK Press, or if we believe that you may be in breach of your representations and warranties in this Agreement, we will be entitled to hold all Royalties due until we determine that the validity of the third party claim, that you were not in breach or have fully remedied your breach, as applicable.
If you notify us through the procedure we provide on A&A Printing sites for making claims of copyright infringement that a third party has made a Printed Books & Digital Books available for distribution through the Program (or for distribution in a particular territory through the Program) that you have the exclusive right to make available under the Program, then, upon your request and after verification of your claim, we will pay you the Royalties due in connection with any sales of the Printed Books & Digital Books through the Program, and will remove the Printed Books & Digital Books from future sale through the Program, as your sole and exclusive remedy.
Understanding contractually the ranking in the capital structure and the available legal remedies should an investment deteriorate allows management of the downside risk and realization of value of investments when things do not go as planned.
The share price has drifted lower in this vacuum — a rather unwarranted setback, as I believe there are some operational & financial remedies possible / available.
As a result of the unique and personal nature of the Data, in addition to all other remedies available, Reliance Capital Asset Management Limited and its respective executives will be entitled to seek injunctive and extraordinary relief in a court of competent jurisdiction in order to enforce my / our obligations hereunder.
Many users on online pet forums swear by natural remedies such as fish, olive, coconut and vitamin E oils — all of which are readily available.
With all the available (mis) information out there, here are my thoughts on some herbal and natural remedies which have been scientifically validated as a treatment for cancer — as well as some that look interesting but still need more study.
There are a lot of shampoos and flea collars available to fight fleas, but there are also plenty of home remedies that work just as well and are a lot cheaper.
Some available natural remedies such as C - Caps on other hand can help to improve cellular strength.
Piriton, used as an allergy remedy for your pet, is available in both tablet and liquid form.
It's available as a standalone homeopathic remedy or in a premade solution such as Vi - Pro Plus from PetAlive.
Though commercial foods are available, a home - prepared food remedy for parvo is an effective option for long - term management as long as the diet is created in consultation with a veterinarian or veterinary nutritionist.
There are also holistic options such as acupuncture, herbal remedies and chiropractic treatments available to assist your pet's ability to heal.
Pet Remedy is available as a 200 ml Calming Spray that can be applied to the pet's bedding and coat.
Homeopathic or natural colitis remedies are also available as a source of supportive care.
You hereby agree that Undead Labs would be irreparably damaged if the terms of this ToU were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this ToU, in addition to such other remedies as we may otherwise have available to us under applicable laws.
Working as a somewhat effective remedy to combat these difficulty spikes, co-operative play is available across the whole campaign and, as a welcome addition, is fully accessible by adopting support for single Joy - Con controllers.
I decline to direct a remedy comparable to that which I directed in my 2009 opinion, such as directing that emergency contraception be made available without a prescription but with the current point - of - sale restrictions to women whom studies have demonstrated are capable of understanding the label and using the product appropriately.
In consequence, concerns were expressed by lawyers that if the anti-suit injunction remained an available remedy in other jurisdictions outside the European member states, then arbitral seats such as New York or Singapore would become more popular than London, if London was no longer capable of making such orders.
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