Sentences with phrase «by agreements which»

This can occur either through agreements which complement the native title determination, or by agreements which replace the determination with a comprehensive set of outcomes and processes on which development can be based.

That school, because of its different nature and different role, has been funded by an agreement which provides a set number of dollars for a specific number of full - time equivalent students.

As the Court emphasised what was problematic in Achmea was «the possibility of submitting those disputes to a body which is not part of the judicial system of the EU is provided for by an agreement which was concluded not by the EU but by Member States [emphasis added]» (para. 58).

Not exact matches

«The TPP, which has been demonized by President Trump, was essentially the renegotiation of NAFTA,» said Andy Shoyer, co-chair of the international trade practice at Sidley Austin and former trade attorney during the initial NAFTA agreement.

Important factors that could cause actual results to differ materially from those reflected in such forward - looking statements and that should be considered in evaluating our outlook include, but are not limited to, the following: 1) our ability to continue to grow our business and execute our growth strategy, including the timing, execution, and profitability of new and maturing programs; 2) our ability to perform our obligations under our new and maturing commercial, business aircraft, and military development programs, and the related recurring production; 3) our ability to accurately estimate and manage performance, cost, and revenue under our contracts, including our ability to achieve certain cost reductions with respect to the B787 program; 4) margin pressures and the potential for additional forward losses on new and maturing programs; 5) our ability to accommodate, and the cost of accommodating, announced increases in the build rates of certain aircraft; 6) the effect on aircraft demand and build rates of changing customer preferences for business aircraft, including the effect of global economic conditions on the business aircraft market and expanding conflicts or political unrest in the Middle East or Asia; 7) customer cancellations or deferrals as a result of global economic uncertainty or otherwise; 8) the effect of economic conditions in the industries and markets in which we operate in the U.S. and globally and any changes therein, including fluctuations in foreign currency exchange rates; 9) the success and timely execution of key milestones such as the receipt of necessary regulatory approvals, including our ability to obtain in a timely fashion any required regulatory or other third party approvals for the consummation of our announced acquisition of Asco, and customer adherence to their announced schedules; 10) our ability to successfully negotiate, or re-negotiate, future pricing under our supply agreements with Boeing and our other customers; 11) our ability to enter into profitable supply arrangements with additional customers; 12) the ability of all parties to satisfy their performance requirements under existing supply contracts with our two major customers, Boeing and Airbus, and other customers, and the risk of nonpayment by such customers; 13) any adverse impact on Boeing's and Airbus» production of aircraft resulting from cancellations, deferrals, or reduced orders by their customers or from labor disputes, domestic or international hostilities, or acts of terrorism; 14) any adverse impact on the demand for air travel or our operations from the outbreak of diseases or epidemic or pandemic outbreaks; 15) our ability to avoid or recover from cyber-based or other security attacks, information technology failures, or other disruptions; 16) returns on pension plan assets and the impact of future discount rate changes on pension obligations; 17) our ability to borrow additional funds or refinance debt, including our ability to obtain the debt to finance the purchase price for our announced acquisition of Asco on favorable terms or at all; 18) competition from commercial aerospace original equipment manufacturers and other aerostructures suppliers; 19) the effect of governmental laws, such as U.S. export control laws and U.S. and foreign anti-bribery laws such as the Foreign Corrupt Practices Act and the United Kingdom Bribery Act, and environmental laws and agency regulations, both in the U.S. and abroad; 20) the effect of changes in tax law, such as the effect of The Tax Cuts and Jobs Act (the «TCJA») that was enacted on December 22, 2017, and changes to the interpretations of or guidance related thereto, and the Company's ability to accurately calculate and estimate the effect of such changes; 21) any reduction in our credit ratings; 22) our dependence on our suppliers, as well as the cost and availability of raw materials and purchased components; 23) our ability to recruit and retain a critical mass of highly - skilled employees and our relationships with the unions representing many of our employees; 24) spending by the U.S. and other governments on defense; 25) the possibility that our cash flows and our credit facility may not be adequate for our additional capital needs or for payment of interest on, and principal of, our indebtedness; 26) our exposure under our revolving credit facility to higher interest payments should interest rates increase substantially; 27) the effectiveness of any interest rate hedging programs; 28) the effectiveness of our internal control over financial reporting; 29) the outcome or impact of ongoing or future litigation, claims, and regulatory actions; 30) exposure to potential product liability and warranty claims; 31) our ability to effectively assess, manage and integrate acquisitions that we pursue, including our ability to successfully integrate the Asco business and generate synergies and other cost savings; 32) our ability to consummate our announced acquisition of Asco in a timely matter while avoiding any unexpected costs, charges, expenses, adverse changes to business relationships and other business disruptions for ourselves and Asco as a result of the acquisition; 33) our ability to continue selling certain receivables through our supplier financing program; 34) the risks of doing business internationally, including fluctuations in foreign current exchange rates, impositions of tariffs or embargoes, compliance with foreign laws, and domestic and foreign government policies; and 35) our ability to complete the proposed accelerated stock repurchase plan, among other things.

Uber's case is that the driver enters into a binding agreement with a person whose identity he does not know (and will never know) and who does not know and will never know his identity, to undertake a journey to a destination not told to him until the journey begins, by a route prescribed by a stranger to the contract [Uber] from which he is not free to depart (at least not without risk), for a fee which (a) is set by the stranger, and (b) is not known by the passenger (who only is told the total to be paid), (c) is calculated by the stranger (as a percentage of the total sum) and (d) is paid to the stranger.

Phillips Petroleum, which expects to be delivering gas from the Bayu Undan fields to Darwin by 2004, has gained a remarkable concession — that it will sell gas to Australian customers under agreements that had previously been secured by the Woodside consortium.

Earlier in the day, Nebraska Sen. Ben Sasse had told reporters that Trump was reconsidering the withdrawal from the trade agreement, which Obama Administration had negotiated with 11 other Pacific Rim countries to promote free trade by reducing barriers between them.

Furthermore, it is important that we not get too distracted by the stimulus debate and work together to promote an agenda for long - term economic growth for the country, which should include reform of a tax system that has grown out of control, finalizing trade agreements, kickstart a lagging regulatory harmonization agenda and ensuring young Canadians have the skills to compete in a global market place.

The agreement relates to energy produced by a portion of the Thunder Ranch wind farm in Oklahoma, which is expected to commence operations by the end of this year.

However, rather than compete for market share on the merits or fulfill its statutory obligation to enable competitors to practice its invention after its patents expired, Green Mountain has abused its dominance in the brewer market by coercing business partners at every level of the K - Cup distribution system to enter into anticompetitive agreements intended to unlawfully maintain Green Mountain's monopoly over the markets in which K - Cups are sold.

That framework for an agreement withstood a last - second bid by Fox, which aggressively pursued the pricey series that it had canceled a year earlier.

Xi did not name President - elect Donald Trump by name, nor did he specifically say his comments were directed at the U.S., or for that matter at the U.K., which last year voted to exit EU trade agreements.

«If these bilateral agreements are not negotiated by October 2018 then the chances of being rectified by March 2019 are very slim, which means there's a distinct possibility that there could be no flights in and out the U.K. for a period of time... days, weeks, months, we don't know,» Sorahan warned.

In other words, this is not akin to the Northwest Upgrader processing agreement, in which the province single - handedly enabled the project by signing - on.

He said it will become clear by the first week of May whether an agreement in principle is possible this spring, after which point the talks could languish until 2019, while Mexico elects a new president and the U.S. elects a new Congress.

The automaker said its Korean unit, which employs 16,000 people, would likely file for bankruptcy if no restructuring agreement was reached by Friday.

The agreement, which was signed Wednesday, covers three primary points: the recruitment of Tesla employees, an independent audit, and $ 100,000 paid by self - driving car startup Aurora Innovation LLC to Tesla.

Perth - based explorer Goldphyre Resources has entered into an agreement to purchase a large area of potash - prospective land near Kalgoorlie, which is owned by prominent prospector Mark Creasy.

EACH TIME YOU SIGN IN TO OR OTHERWISE USE THE ONLINE SERVICES YOU ARE ENTERING INTO A NEW AGREEMENT WITH US ON THE THEN APPLICABLE TERMS AND CONDITIONS AND YOU AGREE THAT WE MAY NOTIFY YOU OF OTHER TERMS BY POSTING THEM ON THE SITE OR ONLINE SERVICES (OR IN ANY OTHER REASONABLE MANNER OF NOTICE WHICH WE ELECT), AND THAT YOUR USE OF THE SERVICE AFTER SUCH NOTICE CONSTITUTES YOUR GOING FORWARD AGREEMENT TO THE OTHER TERMS FOR YOUR NEW USE AND TRANSACTIONS.

Cohl responded in January, accusing the company of breaching the terms of the agreement by making a play for the Stones» business, and of actively trying to undermine his relationship with the band, which is widely believed to be considering a 50th - anniversary tour for 2012.

The issue has been particularly heated in Quebec, where there has been vocal criticism of the Liberals» 2017 agreement with Netflix, which allows the U.S. web - streaming giant to forgo paying sales tax by investing $ 500 million in Canadian productions over the next five years.

Such risks, uncertainties and other factors include, without limitation: (1) the effect of economic conditions in the industries and markets in which United Technologies and Rockwell Collins operate in the U.S. and globally and any changes therein, including financial market conditions, fluctuations in commodity prices, interest rates and foreign currency exchange rates, levels of end market demand in construction and in both the commercial and defense segments of the aerospace industry, levels of air travel, financial condition of commercial airlines, the impact of weather conditions and natural disasters and the financial condition of our customers and suppliers; (2) challenges in the development, production, delivery, support, performance and realization of the anticipated benefits of advanced technologies and new products and services; (3) the scope, nature, impact or timing of acquisition and divestiture or restructuring activity, including the pending acquisition of Rockwell Collins, including among other things integration of acquired businesses into United Technologies» existing businesses and realization of synergies and opportunities for growth and innovation; (4) future timing and levels of indebtedness, including indebtedness expected to be incurred by United Technologies in connection with the pending Rockwell Collins acquisition, and capital spending and research and development spending, including in connection with the pending Rockwell Collins acquisition; (5) future availability of credit and factors that may affect such availability, including credit market conditions and our capital structure; (6) the timing and scope of future repurchases of United Technologies» common stock, which may be suspended at any time due to various factors, including market conditions and the level of other investing activities and uses of cash, including in connection with the proposed acquisition of Rockwell; (7) delays and disruption in delivery of materials and services from suppliers; (8) company and customer - directed cost reduction efforts and restructuring costs and savings and other consequences thereof; (9) new business and investment opportunities; (10) our ability to realize the intended benefits of organizational changes; (11) the anticipated benefits of diversification and balance of operations across product lines, regions and industries; (12) the outcome of legal proceedings, investigations and other contingencies; (13) pension plan assumptions and future contributions; (14) the impact of the negotiation of collective bargaining agreements and labor disputes; (15) the effect of changes in political conditions in the U.S. and other countries in which United Technologies and Rockwell Collins operate, including the effect of changes in U.S. trade policies or the U.K.'s pending withdrawal from the EU, on general market conditions, global trade policies and currency exchange rates in the near term and beyond; (16) the effect of changes in tax (including U.S. tax reform enacted on December 22, 2017, which is commonly referred to as the Tax Cuts and Jobs Act of 2017), environmental, regulatory (including among other things import / export) and other laws and regulations in the U.S. and other countries in which United Technologies and Rockwell Collins operate; (17) the ability of United Technologies and Rockwell Collins to receive the required regulatory approvals (and the risk that such approvals may result in the imposition of conditions that could adversely affect the combined company or the expected benefits of the merger) and to satisfy the other conditions to the closing of the pending acquisition on a timely basis or at all; (18) the occurrence of events that may give rise to a right of one or both of United Technologies or Rockwell Collins to terminate the merger agreement, including in circumstances that might require Rockwell Collins to pay a termination fee of $ 695 million to United Technologies or $ 50 million of expense reimbursement; (19) negative effects of the announcement or the completion of the merger on the market price of United Technologies» and / or Rockwell Collins» common stock and / or on their respective financial performance; (20) risks related to Rockwell Collins and United Technologies being restricted in their operation of their businesses while the merger agreement is in effect; (21) risks relating to the value of the United Technologies» shares to be issued in connection with the pending Rockwell acquisition, significant merger costs and / or unknown liabilities; (22) risks associated with third party contracts containing consent and / or other provisions that may be triggered by the Rockwell merger agreement; (23) risks associated with merger - related litigation or appraisal proceedings; and (24) the ability of United Technologies and Rockwell Collins, or the combined company, to retain and hire key personnel.

As is the case with most wars, there's never agreement on who fired the first shot; not that it really matters in a hot war or the currency front, which is rapidly engulfing the world and should soon involve action by Australia.

These new entrants would need to get a licensing agreement from Myriad for anything they discovered related to the BRCA genes, which would effectively shut down future work by anyone other than Myriad in this area.

Nonetheless, Trump has repeatedly criticized the deal and is widely expected to pull out on May 12 — the next deadline by which he has to either waiver sanctions against Iran or scrap the agreement.

Wang's visit, which was to end Thursday, was aimed at exploring ways China can contribute to the easing of tensions, along with implementing agreements reached in Beijing by Kim and Chinese President Xi Jinping, said Da Zhigang, a researcher at the Heilongjiang Academy of Social Sciences in northeastern China.

Announcing the purchase agreement, even simultaneously to the press release, would have done much to create a bond with followers, an «insider track» for them by which to learn the big news.

During the election, Trump scored points with an array of working - class voters by saying he would renegotiate trade deals, such as the North American Free Trade Agreement, or NAFTA, which the president has said favored other countries over the U.S.

The government says deferred prosecution agreements (DPA), which were called for in public consultations last fall, will be another tool used by judges to hold companies accountable.

Fan also pointed out that Verizon Wireless can not invest outside of the continental U.S. due to a shareholder agreement with British telecom company Vodafone (which owns a 45 per cent stake in Verizon Wireless), and that it would be unlikely that any wireless investment by Verizon Communications Inc. would occur outside of Verizon Wireless.

The Perth - based explorer led by the experienced oil and gas duo of Alan Stein and Jonathan Taylor advised that the boards of TSV Montney and TMK Montney had signed bid implementation agreements in which they unanimously recommend shareholders accept Calima's offers, in the absence of a superior proposal.

The schemes detailed in the suit included having Retrophin «enter into sham consulting agreements» through which the company paid investors who were «defrauded» by Shkreli's hedge fund.

Agreement has been reached with Coogee Resources (Ashmore Cartier) Pty Ltd, which gives Coogee the right to earn a 20 % interest in exploration permit AC / P 32 by funding 27.5 % of the upcoming Magnolia oil exploration well.

Sessions would not commit that «there would never be any changes» in the agreements, which are overseen by a judge and require police departments to overhaul their practices.

Price negotiations on the 30 - year deal continued into the final hours of a two - day visit by Putin to China, during which both sides had said they hoped to sign an agreement.

Adjusted Net Income is defined as net income excluding (i) franchise agreement amortization, which is a non-cash expense arising as a result of acquisition accounting that may hinder the comparability of our operating results to our industry peers, (ii) amortization of deferred financing costs and debt issuance discount, a non-cash component of interest expense, and (gains) losses on early extinguishment of debt, which are non-cash charges that vary by the timing, terms and size of debt financing transactions, (iii)(income) loss from equity method investments, net of cash distributions received from equity method investments, (iv) other operating expenses (income), net, and (v) other specifically identified costs associated with non-recurring projects.

It was especially refreshing to be able to steer away from the clichés and get into some very practical tips about what he and his team look for in considering a deal and how that differs from many other venture firms, which are constrained by the requirements of their limited partnership agreements and other considerations like IRR (as opposed to ultimate return on capital) as well.

The terms of the agreement, which was first reported by The New York Times, are not being disclosed.

Today, the extremely rigid Franchise Disclosure Document, which is proffered by a franchiser before any agreement is pursued, must contain a preordained list of 23 items.

In a series of tweets Thursday morning, he laid out the process by which «celebrities and people of wealth» like himself use nondisclosure agreements to keep people from talking about them in public.

The agreement also requires that she disclose and assign to us any trademarks or inventions developed by her which relate to her employment by us or to our business.

In order to support the continuity of senior leadership, we have employment agreements with Ms. Katz and Messrs. Skinner and Gold which provide, among other things, for payments to the executive following a termination of employment by the executive for «good reason» or a termination of the executive's employment by us without «cause.»

Despite a drop in profits at CBS last year, Moonves» 2017 compensation was boosted by $ 43.7 million in stock awards, which came in part when he extended his employment agreement last May.

After a few months of haggling where the price increased from $ 1.2 billion to $ 1.8 billion (and in which Jos. A. Bank tried to scuttle the deal by acquiring the parent company of Eddie Bauer), the two sides finally reached an agreement in March.

The central bank of Saudi Arabia has signed an agreement with Ripple, paving the way for a pilot project through which the bank will help other banks in the country send payments internationally using technology provided by the blockchain company.

Speaking on a company earnings conference call, Enbridge's Mr. Daniel pointed out that the industry signed a toll agreement in 2007, which was approved by U.S. regulators in August of 2008.

However, the agreement, which came into effect yesterday, is bitterly criticized by some industry executives in B.C., especially those in the business of turning raw logs into the kinds of products that also create more jobs.

The agency has brokered similar agreements in recent years with tech giants like Google, Twitter and Uber for their data mishaps, requiring each of them to undergo regular privacy assessments by a third party, which would then report its findings back to the FTC.

The campaign also said that Prop 61 «would invalidate many drug discount agreements the state has negotiated with pharmaceutical companies,» which would increase state prescription costs by tens of millions of dollars each year.