Sentences with phrase «breach of the obligation of»

Her appeal against the reprimand was dismissed on the ground that she was in breach of an obligation of loyalty.

An award was made, however, for damages for breach of the obligation of fair dealing and good faith in the sum of $ 100,000.

The recent decision of the Ontario Superior Court of Colistro vs Tbaytel and the City of Thunder Bay provides an interesting review of the issues of constructive dismissal, sexual harassment and damages for the breach of the obligation of good faith, albeit in a very unusual fact situation.

Employee Fired Due to Hiring of Past Sexual Abuser The recent decision of the Ontario Superior Court of Colistro vs Tbaytel and the City of Thunder Bay provides an interesting review of the issues of constructive dismissal, sexual harassment and damages for the breach of the obligation of good faith, albeit in a very unusual -LSB-...]

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).

Individually and collectively they were abominations which amounted to the most conspicuously bad, glaring and flagrant breach of the obligation of the state to protect the life of its citizen and to ensure the rule of law.

Not exact matches

«Yahoo's failure to have controls and procedures in place to assess its cyber disclosure obligations ended up leaving its investors totally in the dark about a massive data breach,» Jina Choi, director of the SEC's San Francisco regional office, said in a statement.

«Glencore denies that Mutanda and KCC are in breach of any of their obligations... and also entirely rejects Ventora's calculation of the value of the future royalties allegedly owed to Ventora,» the statement said.

Oregon also accuses Oracle of breach of contract, along with civil racketeering, for «failing to deliver on its obligations, overcharging for poorly trained Oracle personnel to provide incompetent work, hiding from the state the true extent of Oracle's shoddy performance, continuing to promise what it could not deliver, and willfully refusing to honor its warranty to fix its errors without charge.»

Among the factors that could cause actual results to differ materially are the following: (1) worldwide economic, political, and capital markets conditions and other factors beyond the Company's control, including natural and other disasters or climate change affecting the operations of the Company or its customers and suppliers; (2) the Company's credit ratings and its cost of capital; (3) competitive conditions and customer preferences; (4) foreign currency exchange rates and fluctuations in those rates; (5) the timing and market acceptance of new product offerings; (6) the availability and cost of purchased components, compounds, raw materials and energy (including oil and natural gas and their derivatives) due to shortages, increased demand or supply interruptions (including those caused by natural and other disasters and other events); (7) the impact of acquisitions, strategic alliances, divestitures, and other unusual events resulting from portfolio management actions and other evolving business strategies, and possible organizational restructuring; (8) generating fewer productivity improvements than estimated; (9) unanticipated problems or delays with the phased implementation of a global enterprise resource planning (ERP) system, or security breaches and other disruptions to the Company's information technology infrastructure; (10) financial market risks that may affect the Company's funding obligations under defined benefit pension and postretirement plans; and (11) legal proceedings, including significant developments that could occur in the legal and regulatory proceedings described in the Company's Annual Report on Form 10 - K for the year ended Dec. 31, 2017, and any subsequent quarterly reports on Form 10 - Q (the «Reports»).

B.C.'s new NDP government is trying to block expansion of the Trans Mountain in court by arguing that Ottawa failed to evaluate the project's risks to the marine environment, which B.C. says is a breach of its obligation to consider the national interest.

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.

To the extent that we are unable to make payments under the Tax Receivable Agreement for any reason, such payments generally will be deferred and will accrue interest until paid; provided, however, that nonpayment for a specified period may constitute a material breach of a material obligation under the Tax Receivable Agreement and therefore accelerate payments due under the Tax Receivable Agreement.

It's only under the Department of Labor's fiduciary rule that the fiduciary duty is not just an obligation of the advisor but also the Financial Institution, and it's only under the DoL rule (unlike the Investment Advisers Act) that fiduciary breaches must have the opportunity to escalate to class action status.

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).

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.

The panel was formed by APRA in the wake of allegations by AUSTRAC that it had breached money laundering reporting obligations by failing to prevent potential money laundering and terrorism financing.

«Leidel does not seek to enforce the terms of the User Agreements, nor does he allege any tort rooted in an allegation that Defendant breached or facilitated a breach of any obligation uniquely imposed by those agreements.

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.

«This action is yet another shocking breach of Iran's international obligations, its own constitution, and stated religious values,» the statement said.

We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these terms and conditions.

And perhaps Wright is unaware of UN Resolution 1441, which was passed unanimously, found Iraq in material breach of its obligations, and warned Iraq of «serious consequences» (which all parties understood to mean war) for continued violations.

András Léderer, advocacy officer at the Hungarian Helsinki Committee, condemned the Prime Minister's stance and said: «This practice of ignoring the interim measures of the court not only breaches the convention and Hungary's obligations but has severe effects on our clients and must end immediately.»

The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) for death or personal injury caused by negligence or breach of the Supplier's other legal obligations.

This appalling rate of food insecurity shows that our Federal and state governments are in breach of their obligations to ensure that all Australians, and especially the most disadvantaged, enjoy the fundamental human right to adequate and culturally appropriate food, guaranteed by Article 10 of the United Nations Covenant on Economic, Social and Cultural Rights.

«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.»

In a joint statement from the litigator and law firm, they said this morning the class action would allege that Treasury Wine Estates misled the market and breached its continuous disclosure obligations in relation to the financial impact of over-stocked US distributors.

«For most of our 40 - year partnership with Coles, the relationship has been a strong and mutually beneficial one but we consider that, in recent times, Coles has repeatedly breached its obligations, failed to act in good faith and taken steps that threaten the very core of our business,» Mr Foote said.

The claim alleges Treasury, whose brands include Penfolds, Rosemount, Lindemans and Wynns, misled the market and breached its continuous disclosure obligations in relation to the financial impact of over-stocked third - party distributors in the US.

In the last three weeks, two importing countries in the Middle East disregarded their obligations to unload Australian animals, and Australian sheep were being openly sold at a notoriously cruel livestock market, in breach of regulations.

Red Rooster told the program «we fully expect our suppliers to commit to and comply with responsible labour - sourcing practices and the fair and equitable treatment of all workers and we are currently not aware of any supplier being in breach of their obligations in these areas».

You agree to indemnify, defend and hold the USTA Family of Companies, the USTA» Family of Companies» subsidiaries and other affiliated companies / organizations and sponsors and their respective officers, directors, employees and agents harmless from and against any third - party claims, demands, actions, suits, proceedings, liabilities, damages, losses, judgments and expenses (including, but not limited to, the costs of collection, reasonable attorney's fees and other reasonable costs of defense or enforcing your obligations hereunder) resulting from or arising out of any breach of any of your representations or misuse of this or any other USTA Family of Companies site or of any site linking to this or any other USTA Family of Companies site.

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.

Because of its retrospective effect many campaigners, including charities, are already in breach of these obligations and above or close to spending limits.

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.

Some have even suggested that this arrangement might render the UK in breach of its obligation under the Good Friday Agreement to act in an impartial, conscientious and respectful manner in all dealings with both communities.

While «information» may include the identity of a client courts have found that revealing client identities does not breach ethical obligations because attorneys may be obligated or permitted by law to provide this information,» the report, issued in January 2010, found.

Saying that there was no precedent for his statement, Wolffe said that his analysis reflects the approach of the supreme court in the Gina Miller case, and that he does not believe the bill breaches UK obligations under EU law.

«So, for me, before September 11th, I was already reaching for a different philosophy in international relations from a traditional one that has held sway since the treaty of Westphalia in 1648; namely that a country's internal affairs are for it and you don't interfere unless it threatens you, or breaches a treaty, or triggers an obligation of alliance.»

«Failure to comply [with the extradition request] would not only place the UK in breach of these obligations but would also jeopardise the UK's ability to seek the extradition of persons from other countries,» she added.

Nor will we tolerate such a flagrant breach of Russia's international 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.»

The commission believes its investigation into alleged breaches of reporting obligations will take at least another month, potentially taking it past the one - year time limit for launching criminal proceedings.

This is a fundamental breach of the country's obligations including guarantees of non-repetition, which contribute to prevention and deterrence of future attacks.

«The alleged diversion also shows a serious breach of anticorruption legislation including the EFCC Act, and Nigeria's international obligations under the UN Convention against Corruption and the African Union Convention on Preventing and Combating Corruption both of which the country has ratified.

«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.»

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