Sentences with phrase «by operation of law in»

It is a basic rule of law concept that legal rights should be safeguarded by operation of law in preference to the exercise of discretion.

The duty automatically exists by operation of law in every insurance contract.

Not exact matches

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.

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.

The Healthcare Reform Law, including The Patient Protection and Affordable Care Act and The Healthcare and Education Reconciliation Act of 2010, could have a material adverse effect on Humana's results of operations, including restricting revenue, enrollment and premium growth in certain products and market segments, restricting the company's ability to expand into new markets, increasing the company's medical and operating costs by, among other things, requiring a minimum benefit ratio on insured products, lowering the company's Medicare payment rates and increasing the company's expenses associated with a non-deductible health insurance industry fee and other assessments; the company's financial position, including the company's ability to maintain the value of its goodwill; and the company's cash flows.

CONAKRY, April 24 - Bollore Group's concession to build a container port in Guinea's capital Conakry was in strict compliance with the law, a government spokesman said on Tuesday, reacting to news of a probe by French authorities into the group's Africa operations.

In a similar email statement, DraftKings tells Fortune: «There is a process by which hasty and uninformed opinions can be challenged in a court of law, which would allow DraftKings to not have to cease operations in the state of New YorIn a similar email statement, DraftKings tells Fortune: «There is a process by which hasty and uninformed opinions can be challenged in a court of law, which would allow DraftKings to not have to cease operations in the state of New Yorin a court of law, which would allow DraftKings to not have to cease operations in the state of New Yorin the state of New York.

In a bid to regulate activities by foreign non-governmental organizations (NGOs), China passed a law April 28, 2016 that sets in place rules to manage the operations of foreign NGOs in China, as well as the relationship between foreign NGOs and.In a bid to regulate activities by foreign non-governmental organizations (NGOs), China passed a law April 28, 2016 that sets in place rules to manage the operations of foreign NGOs in China, as well as the relationship between foreign NGOs and.in place rules to manage the operations of foreign NGOs in China, as well as the relationship between foreign NGOs and.in China, as well as the relationship between foreign NGOs and...

Recent developments, including ongoing investigations into bribery and corruption at the Company's subsidiaries in Mexico, China, Brazil, and India; new revelations of accounting fraud at the Company's China operations; a recent ruling by a National Labor Relations Board Administrative Law Judge against the Company for its illegal discipline of employees; and, the NLRB decision to authorize a nationwide complaint against the Company for violations of the National Labor Relations Act, highlight the need for enhanced oversight of Wal - Mart's corporate culture and behavior.

Given the fact that prior to the adoption of the decree the appeal cryptocurrency assets in the country is not governed by law, the document stipulates that legal persons have the right to own tokens, and, given the number of features to carry out certain operations.

If required to do so by law or in the good faith belief that such action is appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities, including public and government authorities outside your country of residence; (d) to enforce our terms and conditions; (e) to protect our operations or those of any of our affiliates; (f) to protect our rights, privacy, safety or property, and / or that of our affiliates, you or others; and (g) to allow us to pursue available remedies or limit the damages that we may sustain.

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Speaking of Jesus in this way may seem to make him merely one of many great men, exceptional but not superhuman, not the divine being he is believed by Christians to be; but however his person and nature are understood, I for one can not believe that even in him God acted in any way inconsistent with the same natural laws and operations by which he works today.

They have in their undertone the mechanistic world - view that suggests that a good society must function like a machine whose operation is controlled by the laws of nature» (pp. 44 - 5).

YHWH represents righteousness, and for us not to have any in difference, hate, and greed, nor poverty, etc., we are all important to Him, and is why He made His law of life for us to live righteously by to prolong our days, but what we wanted in this world is to be for the have, and the have not which is the main operation of «force» and «control» in this so called civilization to allow greed, and selfishness.

First he asserts that «materialism is an «occupational hazard» of being immersed in the material world» and secondly he argues that the laws which science has discovered are, by definition, «impersonal» in their operation.

«Agricultural practices» shall mean all activities conducted by a farmer on a farm to produce agricultural products and which are inherent and necessary to the operation of a farm including, but not limited to, the collection, transportation, distribution, storage and land application of animal wastes; storage, transportation and use of equipment for tillage, planting, harvesting, irrigation, fertilization and pesticide application; storage and use of legally permitted fertilizers, limes and pesticides all in accordance with local, state and federal law and regulations and in accordance with manufacturers» instructions and warnings; storage, use and application of animal feed and foodstuffs; construction and use of farm structures and facilities for the storage of animal wastes, farm equipment, pesticides, fertilizers, agricultural products and livestock, for the processing of animal wastes and agricultural products, for the sale of agricultural products, and for the use of farm labor, as permitted by local and state building codes and regulations; including construction and maintenance of fences and lanes; «Agricultural products» shall mean those products as defined in subdivision 2 of section 301 of the agriculture and markets law; «Farm» shall mean the land, buildings and machinery usable in the production, whether for profit or otherwise, of agricultural products;

Hague, who said he authorises operations by GCHQ most days of the week, said: «The idea that in GCHQ people are sitting working out how to circumvent a UK law with another agency in another country is fanciful.

Funding for the Department of Insurance is reduced by $ 32 million, reflecting savings achieved through a $ 30 million reduction in health insurance subsidy payments made under the Timothy's Law program and $ 2 million from net State operations changes.

I insist that it is unconstitutional for this Government to use any covert agent for operations against citizens to hide its Gargantuan political corruption like Nerquaye - Tetteh's golden handshake of GH 400,000 when it knows that the Constitution and the laws of Ghana proscribes it from using the executive powers of policing, intelligence and security entrusted to it by the Constitution except in compliance with the existing law.

«Would you accept that the apparent diversion and sharing of the over $ 2 billion was largely due to your failure to ensure: (1) that system was in place to ensure a transparent and accountable spending of budget for military operations in strict accordance with the standards of international law including the UN Convention against Corruption; (2) that any such system was operating in a continuous and effective manner; and (3) that violations of the standards were punished when detected by that system?

Meanwhile, the legislature has been challenging some of the subpoenas issued by the Moreland Commission in court, saying the Cuomo - appointed panel does not have the right to look into details of their private law clients or political campaign operations.

By keeping state operations spending growth at 2 percent, the budget hole is closer to $ 1.8 billion.As expected, the governor tucked into the budget non-monetary initiatives, such as new sexual harassment policies, the codification of abortion rights in state law and methods for New York to participate in «early voting,» all of which he touted in his Jan. 3 State of the State address.

(2) Members of other militias and members of other volunteer corps, including those of organized resistance movements, belonging to a Party to the conflict and operating in or outside their own territory, even if this territory is occupied, provided that such militias or volunteer corps, including such organized resistance movements, fulfil the following conditions: (a) that of being commanded by a person responsible for his subordinates; (b) that of having a fixed distinctive sign recognizable at a distance; (c) that of carrying arms openly; (d) that of conducting their operations in accordance with the laws and customs of war.

Approximately $ 65 million will be forgiven by the New York - based track members of the Committee in exchange for the transfer by NYC OTB of its advance deposit wagering operations and certain essential changes to the New York Racing Laws.

That cheap sneer (fruit cakes and closet racists, backed up by his sister - in - law using a quote from Operation Black Vote)-RRB- did UKIP a lot of good.

In an email, O'Donnell said her office sealed cases «in accordance with the direction of a sealing order as issued by the courts, or by operation of law for designated case types.&raquIn an email, O'Donnell said her office sealed cases «in accordance with the direction of a sealing order as issued by the courts, or by operation of law for designated case types.&raquin accordance with the direction of a sealing order as issued by the courts, or by operation of law for designated case types.»

Much like a law passed by the village of Mamaroneck in 2016, the bill, introduced to state lawmakers by Sen. Michael Gianaris, a Democrat, on Feb. 15, would ban retail pet stores from buying their pets at for - profit breeders with the hope of curtailing the operation of «puppy mills,» mass breeders with a reputation of over-breeding and treating pets inhumanely.

One of the pragmatic reasons the union officials who play such a big role in the WFP's operation wanted to give him its nomination rather than backing an obscure law professor whose lack of name recognition at the time was equaled only by her paucity of funding was that they felt more confident he could produce the 50,000 votes on the WFP line necessary to preserve its spot on the state ballot four years from now.

«Unlike the mayor, who has ceased operations of [CONY], this is a last - gasp effort by Eric Adams to rake in the dough before the new law goes into effect,» charged Dick Dadey, executive director of the good - government group Citizens Union.

Meanwhile, the legislature has been challenging some of the subpoenas issued by the Moreland Commission in court, saying the Cuomo - appointed panel does not have the right to look into details of their private law clients or political campaign operations.

The Intervenors requested supplementation of the FEIS on the grounds that the housing project was not planned at the time the impact statement was prepared between 1994 and 1997, and therefore any effects of HRI's operations on the people who will live in Springstead have not been analyzed as required by federal law.

Mathematics, theology, philosophy and law are examples of fields that revolve within a stand - alone world in which new findings are derived by means of logical operations consisting of axioms, postulates or articles of faith (theology) that need not be proven true or accurate through empirical studies or analyses.

He's a cranky, paranoid, pot - smoking former Black Panther, who got in trouble with the law when he was younger and ever since has stayed out of prison by letting himself be the FBI's eyes and ears on the ground for operations that border on entrapment.

Find the reciprocal of a number given as a fraction or decimal · Use index laws to calculate with squares and cubes · Use index laws to simplify and calculate the value of numerical expressions involving multiplication and division of integer powers, and powers of a power · Find the prime factor decomposition of positive integers and write in index form · Know the effects that a change of place value has on a calculation · Multiply and divide by any number between 0 and 1 · Multiply and divide decimal numbers by whole numbers and decimal numbers (up to 2 d.p.), eg 266.22 ¸ 0.34 · Use brackets and the hierarchy of operations (BIDMAS) · Use index notation for integer powers of 10 · Add, subtract any numbers including negative decimals · Check answers by inverse calculation · Find the common factors and common multiples of two small numbers

Edutopia may assign any of its rights and obligations under these Terms without notice or consent, including in connection with any merger (including by operation of law), consolidation, reorganization, or sale of all or substantially all of its related assets or similar transaction.

You may not transfer or assign any of its rights, or delegate any of its duties, under this contract, either in whole or in part (including by merger or operation of law), without the prior written consent of eLearning Industry.

To the extent the license or any rights or obligations hereunder are transferred, assigned or delegated in a manner that is permitted by these terms, these terms shall be binding upon all your successors and assigns hereto (including any transferee or assignee of all or substantially all your assets and any successor by merger or operation of law).

Stripped of rhetoric, Respondents» explanation is that a complex computer program — the operation of which is not transparent as required by New York State Education Law § 3012 - c (2)(j)(1)-- which purportedly takes into account the effects of poverty, English language fluency, and learning disability in crude and undisclosed ways, 4 predicted that Petitioner's 4th grade students would score better than they did.

According to charter and school integration authors Richard D. Kahlenberg and Halley Potter (2014), Shanker and the early backers of the Minnesota law believed that these schools should be guided by three tenets: experimentation, or the ability to use innovative approaches to teaching and learning that could inform and influence reforms in traditional public schools; teacher voice in the design and operation of the school — something Shanker saw as a direct result of collective bargaining; and integration, in the sense that schools should be ethnically, racially, and socioeconomically diverse.

The LEA will adopt and use proper methods of administering each program including enforcement of any obligations imposed by law on agencies responsible for carrying out programs and correction of deficiencies in program operations identified through audits, monitoring or evaluation.

In a passage starting on p. 160, Ravitch presents the involvement of New York hedge - fund managers in charter schools at the beginning of a messy discussion of colocation of charter schools in New York City, the ties between charter schools and tax credits, similar ties with investment - based visas, real - estate operations with charter - school education as a loss leader, and the ideology of profit - motivated charter - school model laws pushed by the American Legislative Exchange CounciIn a passage starting on p. 160, Ravitch presents the involvement of New York hedge - fund managers in charter schools at the beginning of a messy discussion of colocation of charter schools in New York City, the ties between charter schools and tax credits, similar ties with investment - based visas, real - estate operations with charter - school education as a loss leader, and the ideology of profit - motivated charter - school model laws pushed by the American Legislative Exchange Counciin charter schools at the beginning of a messy discussion of colocation of charter schools in New York City, the ties between charter schools and tax credits, similar ties with investment - based visas, real - estate operations with charter - school education as a loss leader, and the ideology of profit - motivated charter - school model laws pushed by the American Legislative Exchange Counciin New York City, the ties between charter schools and tax credits, similar ties with investment - based visas, real - estate operations with charter - school education as a loss leader, and the ideology of profit - motivated charter - school model laws pushed by the American Legislative Exchange Council.

6.1.2 it shall ensure that all its systems and operations which it uses to provide the Services, including all systems on which Data is processed as part of providing the Services, shall at all times be of a minimum standard required by all applicable laws and be of a standard no less than the standards which are in compliance with the best industry practice for the protection, control and use of Data.

This Order is effective immediately and remains in effect unless withdrawn in writing by the Secretary, or until it otherwise expires by operation of regulation and / or law.

NOTICE OF EXPIRATION OF THE TEMPORARY FULL FDIC INSURANCE COVERAGE FOR NONINTEREST - BEARING TRANSACTION ACCOUNTS By operation of federal law, beginning January 1, 2013, funds deposited in a noninterest - bearing transaction account (including an Interest on Lawyer Trust Account) no longer will receive unlimited deposit insurance coverage by the Federal Deposit Insurance Corporation (FDICOF EXPIRATION OF THE TEMPORARY FULL FDIC INSURANCE COVERAGE FOR NONINTEREST - BEARING TRANSACTION ACCOUNTS By operation of federal law, beginning January 1, 2013, funds deposited in a noninterest - bearing transaction account (including an Interest on Lawyer Trust Account) no longer will receive unlimited deposit insurance coverage by the Federal Deposit Insurance Corporation (FDICOF THE TEMPORARY FULL FDIC INSURANCE COVERAGE FOR NONINTEREST - BEARING TRANSACTION ACCOUNTS By operation of federal law, beginning January 1, 2013, funds deposited in a noninterest - bearing transaction account (including an Interest on Lawyer Trust Account) no longer will receive unlimited deposit insurance coverage by the Federal Deposit Insurance Corporation (FDICBy operation of federal law, beginning January 1, 2013, funds deposited in a noninterest - bearing transaction account (including an Interest on Lawyer Trust Account) no longer will receive unlimited deposit insurance coverage by the Federal Deposit Insurance Corporation (FDICof federal law, beginning January 1, 2013, funds deposited in a noninterest - bearing transaction account (including an Interest on Lawyer Trust Account) no longer will receive unlimited deposit insurance coverage by the Federal Deposit Insurance Corporation (FDICby the Federal Deposit Insurance Corporation (FDIC).

By operation of federal law, beginning January 1, 2013, funds deposited in a noninterest - bearing transaction account (including an Interest on Lawyer Trust Account) no longer will receive unlimited deposit insurance coverage by the Federal Deposit Insurance Corporation (FDICBy operation of federal law, beginning January 1, 2013, funds deposited in a noninterest - bearing transaction account (including an Interest on Lawyer Trust Account) no longer will receive unlimited deposit insurance coverage by the Federal Deposit Insurance Corporation (FDICby the Federal Deposit Insurance Corporation (FDIC).

Assignment You will not assign (including without limitation by operation of law, change of control or otherwise) your rights or licenses to the Services provided under these Terms of Use, either in whole or in part, without the prior written consent of Green Dot, and any attempted assignment contrary to the foregoing will be void and have no effect.

In Chapter 7 bankruptcy, a typical credit card debt is listed in the bankruptcy filing and discharged by operation of law if the person filing bankruptcy complies with all requirements such as attending the meeting of creditor and taking the post filing debtor education coursIn Chapter 7 bankruptcy, a typical credit card debt is listed in the bankruptcy filing and discharged by operation of law if the person filing bankruptcy complies with all requirements such as attending the meeting of creditor and taking the post filing debtor education coursin the bankruptcy filing and discharged by operation of law if the person filing bankruptcy complies with all requirements such as attending the meeting of creditor and taking the post filing debtor education course.

In the event of the dissolution of the Club, other than for purpose of reorganization, whether voluntary or involuntary or by operation of law, none of the property of the Club nor any proceeds thereof, nor any assets of the Club shall be distributed to any members of the Club, but after payment of the debts of the Club, its property and assets shall be given to a charitable organization for the benefit of dogs, which organization shall be selected by the Board of Governors.

In the event of the dissolution of the Club, other than for purposes of reorganization, whether voluntary or involuntary or by operation of law, none of the property of the Club nor any proceeds thereof nor any assets of the Club shall be distributed to any members of the Club but after payment of debts of the Club, its property and assets shall be given to a charitable organization for the benefit of dogs selected by the Board of Directors.