Sentences with phrase «by a limitation period»

Proper commencement of an arbitration is important where claims and / or remdies may otherwise be barred by a limitation period or contractual time limit.

This decision serves as an important reminder that plaintiffs should always pay close attention to potential jurisdiction issues, and should have those issues determined at an early stage, or alternatively commence simultaneous claims, in order to preserve their claims from being barred by limitation periods.

I should have added — it's not really about limitations law, even though the problem discussed is triggered by a limitation period issue.

Background: This was an appeal from an order upholding a decision by the Respondent, E. Sands & Associates Inc., to approve proofs of claim that the Appellant, Mr. Roberts, says were barred by a limitation period.

Not exact matches

In the event of an ownership change, utilization of our pre-change NOLs would be subject to annual limitation under Section 382 determined by multiplying the value of our stock at the time of the ownership change by the applicable long - term tax - exempt rate, increased in the five - year period following such ownership change by «recognized built - in gains» under certain circumstances.

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.

Issuers trying to game limitations by masking project names and conducting multiple crowdfunding campaigns over a period of time to exceed fund raising caps.

However, the Roman Catholic Church is not wholly consistent at this point, for the papal Encyclica casti connubi gives approval to family limitation not only by abstinence when both parties consent but by intercourse at those periods when conception is least likely to take place.

This leads to the last limitation in the attachment model that «attachment is confined to the infancy and early childhood period, ending, as noted by Bowlby, during puberty.

The only limitation placed on a business is that it need not answer more than one request by a customer over a 12 - month period, as long as the request is for the same information.

26.1 Regardless of any statute of limitations or law to the contrary, and to maximum extent permitted by applicable law, any Dispute arising out of or related to the Services or this Agreement must be filed within six (6) months after the date in which the incident giving rise to the Dispute occurred; provided that, if the substantive law applicable to the arbitration prohibits the parties from agreeing to this limitations period, then the limitations period under the applicable substantive law shall control.

The failure of a party to file an arbitration claim within the applicable limitations period shall constitute a waiver by that party of its right to bring such a claim relating to any Dispute in any form, and a complete bar to any claim based on any Dispute, and the arbitrator shall not have jurisdiction to make a determination for a party that has not brought its Dispute for determination within the applicable limitations period.

(i) grant and assign to HBO a royalty - free, perpetual, non-exclusive, unrestricted, worldwide license in the User Content throughout the world including, without limitation, all copyright, together with all consents (if any) necessary to enable its reproduction, distribution, modification, publishing and / or other exploitation by HBO and / or by any person authorized by HBO, by any means and in all media now known or hereafter devised, in whole or in part, without payment or other reference to you or any other person, and to advertise and promote such exploitation, for the full period of all such rights (together with any extensions and renewals) and insofar as possible in perpetuity;

She appears too self - contained by the limitations of the screenplay and finds herself with nowhere to go but join up the predictable and restrictive period drama dots.

If the lender hasn't been to court and won a judgment by the end of the limitation period, the debt becomes legally uncollectible.

Specifically, and without limitation, Plaintiff will show that the private loans held by Defendant were not incurred «solely to pay qualified higher education expenses,» per 26 U.S.C. § 221 (d)(1), and were not «attributable to education furnished during a period during which the recipient was an eligible student,» as defined by 26 U.S.C. § 221 (d)(1)(C).

Savings and money market Accounts are generally limited to a total of six (6) withdrawals by check, point - of - sale transaction, and other withdrawals including without limitation Deposit Account Transfers and Payments using this Service per statement period.

In most states, after passage of a period of time specified by a «statute of limitations,» a debt collector loses its right to pursue in court authorization to garnish a debtor's wages or a bank account or place a lien on his or her property.

If you exceed the transfer limitations set forth above in any statement period, your account will be subject to closure by the financial institution.

Otherwise, the applicable statute of limitations period for all provisions and purposes under this Agreement (including the right to collect debt) will be the longer period provided by Utah law or the law in the jurisdiction where you live.

In general, an ownership change occurs when, as of any testing date, the aggregate of the increase in percentage points is more than 50 percentage points of the total amount of a corporation's stock owned by «5 - percent stockholders,» within the meaning of the NOLs limitations, whose percentage ownership of the stock has increased as of such date over the lowest percentage of the stock owned by each such «5 - percent stockholder» at any time during the three - year period preceding such date.

If you exceed the transfer limitations set forth above in any statement period, your account will be charged a $ 10 fee for each item in excess of the six, and be subject to closure by the financial institution.

Like most insurance policies and benefit programs, insurance policies and benefit programs offered by Metropolitan Life Insurance Company and its affiliates contain certain exclusions, exceptions, waiting periods, reductions of benefits, limitations and terms for keeping them in force.

«According to the complaint, defendants» Class Period statements were materially false and misleading because they failed to disclose and misrepresented the following adverse facts which were known to or recklessly disregarded by defendants: (a) Battlefield 4 was riddled with bugs and multiple other problems, including downloadable content that allowed players access to more levels of the game, a myriad of connectivity issues, server limitations, lost data and repeated sudden crashes, among other things; (b) as a result, Electronic Arts would not achieve a successful holiday season 2013 rollout of Battlefield 4; (c) the performance of the Electronic Arts unit publishing Battlefield 4 was so deficient that all other projects that unit was involved in had to be put on hold to permit it to focus its efforts on fixing Battlefield 4;»

GENERAL PRACTICES REGARDING USE AND STORAGE You acknowledge that Studio Roqovan may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on Studio Roqovan» servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time.

You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated «scraping»; (ii) using any automated system, including without limitation «robots,» «spiders,» «offline readers,» etc., to access the Service in a manner that sends more request messages to the Company servers than a human can reasonably produce in the same period of time by using a conventional on - line web browser (except that Humble Bundle grants the operators of public search engines revocable permission to use spiders to copy materials from Humble Bundle for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes, or may impose in our sole judgment an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Service; (vii) collecting or harvesting any personally identifiable information, including account names, from the Service; (viii) using the Service for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Service; (xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; (xii) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein; (xiii) sell, assign, rent, lease, act as a service bureau, or grant rights in the Products, including, without limitation, through sublicense, to any other entity without the prior written consent of such Products» (defined below) licensors; (xiv) circumventing Service limitations on the number of Products you may purchase, including, without limitation, creating multiple accounts and purchasing a total number of Products through such multiple accounts which exceed the per - user limitations; or (xv) except as otherwise specifically set forth in a licensor's end user license agreement, as otherwise agreed upon by a licensor in writing or as otherwise allowed under applicable law, distributing, transmitting, copying (other than re-installing software or files previously purchased by you through the Service on computers, mobile or tablet devices owned by you, or creating backup copies of such software or files for your own personal use) or otherwise exploiting the Products (defined below) in any manner other than for your own private, non-commercial, personal use.

LAMA set world record prices for Sheila Hicks, a work on paper by Ken Price, and a painting by Jules Olitski from his late period, proving that geography is not a limitation for this boutique auction house, which continues to secure first - rate consignments.

LAMA set world record prices for Sheila Hicks, a work on paper by Ken Price, and a painting by Jules Olitski from his late period, proving that geography is not a limitation for this boutique auction house.

While the above analysis yields good results for by tying past climate change to increases in human CO2 emissions, it should be cautioned that the suggested exponential time relation is not suitable for projecting the future over longer time periods, because of possible changes in human population growth rates and absolute limitations on carbon available in remaining fossil fuels.

«Both [Fall et al. 2011 and Menne et al. 2010](and cited by Muller et al) do an analysis over a thirty year time period while the Muller et al paper uses data for comparison from 1950 — 2010... I see this as a basic failure in understanding the limitations of the siting survey we conducted on the USHCN, rendering the Muller et al paper conclusions highly uncertain, if not erroneous... I consider the paper fatally flawed as it now stands, and thus I recommend it be removed from publication consideration by JGR until such time that it can be reworked... it appears they have circumvented the scientific process in favor of PR.»

The reasons cited (see also the accompanying Nature article by Lars Hedin) for the tree mortality are: a) the faster the trees grow, the quicker they die; b) drought periods, as we saw in 2010; and c) possible limitations of N and P nutrients.

Takes note also of the quantified economy - wide emission reduction targets communicated by Parties included in Annex I and presented in Annex 1 to this decision and of the intention of these Parties to convert them to quantified emission limitation or reduction objectives for the second commitment period under the Kyoto Protocol;

Invites Parties included in Annex I and listed in Annex 1 to this decision to submit information on their quantified emission limitation or reduction objectives for the second commitment period under the Kyoto Protocol by 1 May 2012 for consideration by the Subsidiary Body on Implementation at its thirty - sixth session and requests the Subsidiary Body for Implementation to deliver the results of its work to the Conference of the Parties title of decision on AWG - LCA serving as the meeting of the Parties to the Kyoto Protocol with a view to the Conference of the Parties serving as the meeting of the Parties to the Kyoto Protocol adopting them as amendments to Annex B of the Kyoto Protocol at its eighth session, while ensuring coherence with the implementation of decision -LCB--RCB-;

(b) Limitation on Exclusion - Paragraph (2) of section 132 (f) is amended by striking «and» at the end of subparagraph (A), by striking the period at the end of subparagraph (B) and inserting `, and», and by adding at the end the following new subparagraph:

Another point worth highlighting is that, according to the ECJ, by disapplying the statutes of limitations periods, the referring court would not breach the principle of legality (nullum crimen, nulla poena sine lege), as enshrined in Article 49 of the EU Charter of Fundamental Rights («Charter»).

If criminal charges have been brought to a criminal court shortly before the statutes of limitations period elapsed, its significant extension, not backed by any clear legal basis, would constitute a sudden and unpredictable change.

In sum, I believe that labelling statutes of limitations periods as «procedural» under EU law should not excuse their arbitrary extension on a case - by - case basis by courts, having no backing in any clear legislative provisions.

Hence, even though the ECJ could have found the Italian rules on statutes of limitations period deficient in view of Article 325 TFEU, it should not have ordered national courts to give full effect to Article 325 TFEU by disapplying these rules.

The obligation imposed on an individual to stand criminal trial regardless of previously established statutes of limitations periods interferes undoubtedly with the fundamental right to effective judicial protection, safeguarded by Article 47 of the Charter.

The real problem is whether or to what extent we can aggravate the legal situation of EU citizens by disapplying the legislative provisions on limitation periods for criminal proceedings, if we rely only on such vague and open - ended provisions of EU law like Article 325 TFEU.

The limitations on the exercise of these Charter rights are echoed in the E-Privacy Directive, recital 11 of which states that measures derogating from its principles must be «strictly» proportionate to the intended purpose, while Article 15 (1) itself specifies that data retention should be «justified» by reference to one of the objectives stated in Article 15 (1) and be for a «limited period» [95].

By the time HOOPP Realty was told its claim was in the wrong forum, the limitation period had run out to arbitrate.

The judgment in Taricco I is predominantly about the national courts» obligation to give full effect to Article 325 TFEU, if needs be by disapplying the rules of statutes of limitations periods.

In its Taricco I judgment (analysed previously by M. Lassalle on this blog), the ECJ decided that national courts must disapply the rules of statutes of limitations periods for the duration of criminal proceedings pending before a court, if such rules were liable to have an adverse effect on fulfilling by the Member States their obligations under Article 325 TFEU.

In my view, even if statutes of limitations periods should be considered as forming part of procedural law, this would not mean that they are exempted from the EU general principle of legal certainty and that they can be modified on a case - by - case basis by courts, arbitrarily, without any clear and generally applicable legislative guidance.

Dwyidag moved for summary judgment dismissing Garford's claim on the grounds that it had sued after the expiry of the two year limitation period established by the Competition Act.

This seminar, given by Dov Ohrenstein, addresed the issues concerning Limitation Periods including continuing duties, date of loss, date of knowledge, and the relevance of limitation periods to equitable claims such as for specific peLimitation Periods including continuing duties, date of loss, date of knowledge, and the relevance of limitation periods to equitable claims such as for specific perfoPeriods including continuing duties, date of loss, date of knowledge, and the relevance of limitation periods to equitable claims such as for specific pelimitation periods to equitable claims such as for specific perfoperiods to equitable claims such as for specific performance.

Thanks to the reforms introduced by this Act, limitation periods for civil claims arising from sexual assaults have now been completely eliminated.

Another notable change contemplated by Bill 132 is an amendment to the Limitations Act which would eliminate the limitation period for a person to commence a proceeding based on a sexual assault or, in specified circumstances, on other misconduct of a sexual nature or on assault.

There is recent authority that common law claims for unjust enrichment by trustees against members are quasi-contractual in nature, such that a six year limitation period would apply.