Sentences with phrase «awarded under this clause»

All elements must be true in order for support to be awarded under this clause.

Not exact matches

the sale of shares of common stock in an underwritten public offering that occurs during the restricted period, including any concurrent exercise (including a net exercise or cashless exercise) or settlement of outstanding equity awards granted under our equity incentive plans or pursuant to a contractual employment arrangement described elsewhere in this prospectus in order to sell the shares of common stock delivered upon such exercise or settlement in such underwritten public offering; provided that, if required, any public report or filing under Section 16 of the Exchange Act will clearly indicate in the footnotes thereto that such disposition to us or withholding by us of shares or securities was solely to us pursuant to the circumstances described in this clause; or

In California, section 1717 will render the clause reciprocal in operation such that nonsignatory plaintiffs face exposure if they would have been entitled to a fee award under the contractual clause.

The arbitration clause provided that the local arbitral tribunal issuing the award only had jurisdiction over «non-technical» disputes, and any «technical» disputes were to be resolved by an international arbitral tribunal under the ICC Arbitration Rules.813

(2) Clause (1)(a) does not apply to an award for income loss or loss of earning capacity under subsection 61 (1) of the Family Law Act.

The trial judge awarded guarantors $ 389,712.95 as prevailing parties under Civil Code section 1717, which made the pro-Bank, unilateral fees clause reciprocal in nature.

Edward Denehan successfully appealed to the Upper Tribunal (Lands Chamber) against a decision of the First Tier Tribunal refusing to allow a landlord to recover litigation costs against a tenant under an indemnity clause in a long lease in a case where the FTT had awarded the landlord part of its costs under rule 13 (1)(b) of the Tribunal Procedure (First - tier Tribunal)(Property Chamber) Rules 2013: 87 St George's Square Management Ltd v Michael Henry Anthony Whiteside [2016] UKUT 438 (LC).

The arbitration fees clause between the parties stated: «The prevailing party in any arbitration or litigation will be entitled to recover all attorneys» fees (including if the firm is the prevailing party, the value of the time of all professionals in our firm who perform legal services in connection with the dispute, computed at their normal billing rates), all experts» fees and expenses and all costs (whether or not these costs would be recoverable under the California Code of Civil Procedure) that may be incurred in obtaining or collecting any judgment and / or arbitration award, in addition to any other relief to which that party may be entitled.»

Issues raised on content of obligation to take delivery under clause 5 of Gencon (1994 ed) and lack of jurisdiction to award costs of foreign arrest.

Two lessons are learned in this case: (1) the winning party must demonstrate that the losing party would have recovered under the contractual fee clauses vis - à - vis winning party in order to be entitled to a potential fee recovery; and (2) a writ of mandate is the exclusive mechanism to obtain review of a lis pendens expungement or associated fee award, rather than an appeal.

Later, the trial judge awarded landlord $ 324,533.50 in attorney's fees as the prevailing party under Civil Code section 1717 (based on a broadly - worded contractual fees clause).

The Court of Appeals correctly identified the constitutional standard for determining whether § 36 - 820, as construed by the Tennessee courts to authorize an award of a veteran's disability benefits as child support, conflicts with federal law, and is therefore preempted under the Supremacy Clause.