(b) attendance at family dispute resolution
by parties to proceedings under the Family Law Act 1975; and
(iv) the participation
by parties to proceedings under this Act in courses, programs and other services (other than those mentioned in subparagraph (i), (ii) or (iii)-RRB- that the parties are ordered by the court to participate in; and
(d) the participation
by parties to proceedings under the Family Law Act 1975 in courses, programs and other services that the parties are ordered by the court to participate in; and
CPR r 3.12 specifically states: «The purpose of costs management is that the court should manage both the steps to be taken and the costs to be incurred
by both parties to any proceedings so as to further the overriding objective.»
The notice may be given by the authority or
by a party to the proceedings.
(2) Despite section 69X, a court must order that the costs of any parentage testing procedure ordered in proceedings mentioned in subsection (1) are payable
by a party to those proceedings who:
(5) If the power referred to in paragraph (1)(f) is delegated under subsection (1), a Registrar shall not exercise the power on application
by a party to proceedings under this Act unless:
Not exact matches
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.
In addition, legal fees increased
by $ 1.7 million primarily related
to our legal
proceedings and third -
party consultant costs increased
by $ 1.0 million as we continued
to build out our general and administrative infrastructure.
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.
To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwis
To the fullest extent permitted
by applicable law, no arbitration under this Agreement shall be joined
to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwis
to an arbitration involving any other
party subject
to this Agreement, whether through class arbitration proceedings or otherwis
to this Agreement, whether through class arbitration
proceedings or otherwise.
(d) All written communications between
parties involved in appeal
proceedings must be sent
to the recipient's place of business
by a delivery service which provides dated return receipts.
To the fullest extent permitted by applicable law, no arbitration under these Terms of Use shall be joined to an arbitration involving any other party subject to these Terms of Use, whether through class arbitration proceedings or otherwis
To the fullest extent permitted
by applicable law, no arbitration under these Terms of Use shall be joined
to an arbitration involving any other party subject to these Terms of Use, whether through class arbitration proceedings or otherwis
to an arbitration involving any other
party subject
to these Terms of Use, whether through class arbitration proceedings or otherwis
to these Terms of Use, whether through class arbitration
proceedings or otherwise.
INDEMNIFICATION You shall indemnify, defend and hold harmless Founding Moms, its officers, agents, employees, contractors, subcontractors, suppliers and representatives from and against any and all claims, demands,
proceedings, losses, costs, damages, awards, fees, expenses, or liabilities of any nature («Claim») arising out of or in the relation
to (i) your violation of any law or the rights of a third
party (ii) any breach of this Terms of Service
by you, your officers, agents, employees, contractors and / or representatives and (iii) your use of the Services.
UPDATE: Last week, Gillibrand issued a statement applauding legislation that would authorize U.S. Supreme Court
proceedings to be televised, unless decided
by a majority vote that such coverage would violate the due process rights of any
party involved, explaining:
Justice John Tsoho had on April 28 fixed Wednesday for the hearing of a motion for stay of
proceedings filed
by the two interested
parties, asking the court
to suspend hearing in the suit until the Court of Appeal decided their appeal against the ruling denying them opportunity
to be joined in the suit.
Thirdly, charities, NGOs and civil society groups, which are often invited
by the court
to «intervene» in
proceedings to offer advice, could now find themselves liable
to pay the costs of all the
parties.
This was immediately followed
by one Mr. Baah Acheamfour who proceeded
to make a complaint
to the police of the conduct of Afoko and his alleged spokesperson which he described as gross and flagrant violation of Article 3d (VIII) of the NPP's constitution under duties of a member which state that a member shall not initiate commence or prosecute any legal
proceedings whatsoever against the
party or any member of the
party relating
to party affairs without first exhausting the grievance procedure laid down in the constitution in respect of grievances against the
party or any other members,» the letter said.
The Lib Dem leadership moved quickly
to dismiss Cable's remarks, which threatened
to create a new row in the
party after Rennard was readmitted on Tuesday night after the
party dropped the final disciplinary
proceedings against Rennard relating
to allegations
by four women that he acted in a sexually inappropriate way.
The Lib Dems» English regional committee is due
to meet on Monday and could institute fresh
proceedings against Rennard for bringing the
party into disrepute
by failing
to apologise.
To clarify: the reference to «final disciplinary proceedings» relates to claims that the peer had brought the party into disrepute by his criticisms of party processes, not the earlier investigations into allegations of sexual impropriety by four women, which had also been droppe
To clarify: the reference
to «final disciplinary proceedings» relates to claims that the peer had brought the party into disrepute by his criticisms of party processes, not the earlier investigations into allegations of sexual impropriety by four women, which had also been droppe
to «final disciplinary
proceedings» relates
to claims that the peer had brought the party into disrepute by his criticisms of party processes, not the earlier investigations into allegations of sexual impropriety by four women, which had also been droppe
to claims that the peer had brought the
party into disrepute
by his criticisms of
party processes, not the earlier investigations into allegations of sexual impropriety
by four women, which had also been dropped.
Under the rules,
parties are not allowed
to approach the appellate court, except under the special circumstance that the record of
proceedings at the court below had been compiled and transmitted
by its registry.
BY MICHAEL RICONDA New City — County executive candidate Legislator Ed Day has initiated court
proceedings against Conservative
Party opportunity -
to - ballot candidate Simon Leschinsky, alleging petitioning irregularities.
The limits of this sort of appraising have cropped up in an unrelated, long - running legal dispute in which an earned - media valuation
by Campbell Ewald, itself not a
party to the
proceedings, figures prominently.
The
proceedings would be open
to the public, Web - based, and available for submissions and testimony
by interested
parties.
HNC reserves the right
to disclose personal information about you, including your e-mail address, for reporting
to government authorities,
to parties in relevant legal
proceedings as authorized
by the presiding court or tribunal and otherwise
to the extent required or explicitly authorized
by applicable law.
The costs of the mediator shall be borne
by the
party intending
to bring
proceedings but shall be subject
to the mediation in any event.
17.12 Neither you or FilmOn shall bring any
proceedings against the other in respect of these terms and conditions unless the
party intending
to bring
proceedings first makes a bona fide offer
to participate immediately in a mediation conducted
by a mutually agreed third
party or a certified mediator and the other
party has declined such offer.
There is a different spin on
proceedings by having these four friends venturing
to Sin City for a stag
party as they're all in their 60s.
(a) The district courts of the United States shall have jurisdiction of
proceedings instituted pursuant
to this title and shall exercise the same without regard
to whether the aggrieved
party shall have exhausted any administrative or other remedies that may be provided
by law.
(a) Whenever the Attorney General receives a complaint in writing signed
by an individual
to the effect that he is being deprived of or threatened with the loss of his right
to the equal protection of the laws, on account of his race, color, religion, or national origin,
by being denied equal utilization of any public facility which is owned, operated, or managed
by or on behalf of any State or subdivision thereof, other than a public school or public college as defined in section 401 of title IV hereof, and the Attorney General believes the complaint is meritorious and certifies that the signer or signers of such complaint are unable, in his judgment,
to initiate and maintain appropriate legal
proceedings for relief and that the institution of an action will materially further the orderly progress of desegregation in public facilities, the Attorney General is authorized
to institute for or in the name of the United States a civil action in any appropriate district court of the United States against such
parties and for such relief as may be appropriate, and such court shall have and shall exercise jurisdiction of
proceedings instituted pursuant
to this section.
(2) signed
by an individual, or his parent,
to the effect that he has been denied admission
to or not permitted
to continue in attendance at a public college
by reason of race, color, religion, or national origin, and the Attorney General believes the complaint is meritorious and certifies that the signer or signers of such complaint are unable, in his judgment,
to initiate and maintain appropriate legal
proceedings for relief and that the institution of an action will materially further the orderly achievement of desegregation in public education, the Attorney General is authorized, after giving notice of such complaint
to the appropriate school board or college authority and after certifying that he is satisfied that such board or authority has had a reasonable time
to adjust the conditions alleged in such complaint,
to institute for or in the name of the United States a civil action in any appropriate district court of the United States against such
parties and for such relief as may be appropriate, and such court shall have and shall exercise jurisdiction of
proceedings instituted pursuant
to this section, provided that nothing herein shall empower any official or court of the United States
to issue any order seeking
to achieve a racial balance in any school
by requiring the transportation of pupils or students from one school
to another or one school district
to another in order
to achieve such racial balance, or otherwise enlarge the existing power of the court
to insure compliance with constitutional standards.
Risks and uncertainties include without limitation the effect of competitive and economic factors, and the Company's reaction
to those factors, on consumer and business buying decisions with respect
to the Company's products; continued competitive pressures in the marketplace; the ability of the Company
to deliver
to the marketplace and stimulate customer demand for new programs, products, and technological innovations on a timely basis; the effect that product introductions and transitions, changes in product pricing or mix, and / or increases in component costs could have on the Company's gross margin; the inventory risk associated with the Company's need
to order or commit
to order product components in advance of customer orders; the continued availability on acceptable terms, or at all, of certain components and services essential
to the Company's business currently obtained
by the Company from sole or limited sources; the effect that the Company's dependency on manufacturing and logistics services provided
by third
parties may have on the quality, quantity or cost of products manufactured or services rendered; risks associated with the Company's international operations; the Company's reliance on third -
party intellectual property and digital content; the potential impact of a finding that the Company has infringed on the intellectual property rights of others; the Company's dependency on the performance of distributors, carriers and other resellers of the Company's products; the effect that product and service quality problems could have on the Company's sales and operating profits; the continued service and availability of key executives and employees; war, terrorism, public health issues, natural disasters, and other circumstances that could disrupt supply, delivery, or demand of products; and unfavorable results of other legal
proceedings.
C. No information or documents obtained
by the means provided in this Section shall be divulged
by the United States
to any person other than an authorized representative of the executive branch of the United States, except in the course of legal
proceedings to which the United States is a
party (including grand jury
proceedings), or for the purpose of securing compliance with this Final Judgment, or as otherwise required
by law.
To the fullest extent permitted by applicable law, no arbitration under these Terms shall be joined to an arbitration involving any other party subject to this Terms, whether through class arbitration proceedings or otherwis
To the fullest extent permitted
by applicable law, no arbitration under these Terms shall be joined
to an arbitration involving any other party subject to this Terms, whether through class arbitration proceedings or otherwis
to an arbitration involving any other
party subject
to this Terms, whether through class arbitration proceedings or otherwis
to this Terms, whether through class arbitration
proceedings or otherwise.
By my signature, I also agree
to indemnify and hold PETS Magazine harmless from and against all claims, actions,
proceedings, damages, losses, liabilities, and costs that may arise from or related
to any infringement on any intellectual property rights or other rights of a third
party.
a) These Terms of Use (and any dispute, controversy,
proceedings or claim of whatever nature arising out of or in any way relating
to them or their formation) and our Privacy Policy shall be governed
by and interpreted in accordance with English law and, for these purposes, the
parties irrevocably submit
to the exclusive jurisdiction of English courts.
You agree
to indemnify and hold the SVG Tourism Authority («SVGTA») harmless from and against any breach
by you of these Terms and Conditions and any claim or demand brought against SVGTA
by any third
party arising out of your use of the Services and / or any Content submitted, posted or transmitted through the services, including without limitation, all claims, actions,
proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses) howsoever suffered or incurred
by SVGTA in consequence of your breach of these Terms and Conditions.
You agree
to reimburse each Square Enix
Party (as defined in section 3.2 above) in full for the amount of any and all claims,
proceedings, actions, demands, damages, losses, liabilities, costs and expenses suffered or incurred
by such Square Enix
Party, in each case as a result of or in connection with: (a) any breach of any of your obligations, warranties, representations or undertakings under the Site Terms; and / or (b) any illegal use of your Membership or Account
by any person (s).
Court
proceedings are public; nearly everything that happens in a court is public information (aside from issues of national security as decided
by panels of judges and / or grand juries; or issues of safety for individuals and / or witnesses who are
party to the
proceedings).
And anyone tempted
to proceed
by the McCartney route should be aware of a final caveat: that a
party can at any time up
to decree nisi withdraw their consent, whereupon the s 1 (2)(d)
proceedings are stayed (Family
Proceedings Rules 1991 r 2.10).
Parties to proceedings in the Federal Court can serve and file a short statement consenting
to be served electronically
by email.
We have already covered the opinion handed down
by Advocate General Cruz Villalón (see here), who suggested that the Court should allow Article 27 of the Charter in combination with the Directive
to be applicable and
to exclude thus the application of the national norm that was contrary
to EU law despite the setting of
proceedings between private
parties.
Guideline 26 provides that the Tribunal may admonish a
Party Representative, draw appropriate inferences in assessing the evidence relied upon, or the legal arguments advanced
by the
Party Representative, consider the
Party Representative's Misconduct in apportioning the costs of the arbitration and take any other appropriate measure in order
to preserve the fairness of the
proceedings.
Courts have consistently confirmed this in relation
to article V (1)(c).837 For example, the United States Court of Appeals for the Fifth Circuit denied a
party's attempt
to raise a challenge under article V (1)(c)
to oppose an order compelling arbitration, that is, before the arbitral
proceedings had even taken place.838 The court noted that the provision could only be invoked
by a
party opposing enforcement of an award, which was not possible in circumstances where no award had been issued, and also unlikely where the
party raising the challenge was the claimant in the would - be arbitration, and thus not the
party who would be in a position
to challenge any resulting arbitral award absent any counterclaims.839
If the paying
party does not agree settlement on a provisional damages basis then the injured person would need
to issue court
proceedings to seek a determination
by a court as
to whether there will be an order for provisional damages.
If you choose not
to follow the Protocol, you issue
proceedings and either your debtor is familiar with the Protocol or instructs solicitors who are, then the following sanctions can be imposed
by the court: - • An order staying the
proceedings which also requires compliance with the Protocol; • An order that if you have not complied you pay the costs of the
proceedings or part of the costs of the other side even if you obtain judgment in your favour; • An order that those costs are paid on a more stringent basis known as an indemnity basis; • An order depriving the
party who is at fault of any entitlement
to interest or alternatively awarding interest at a reduced rate; • Depending on who is at fault the court can also order payment of a higher interest rate of up
to 10 % above base rate.
In the Court's view, the decision
to consolidate the claims was within the tribunal's discretion, and this decision was reached after a careful interpretation of the
parties» contract.906 In another decision, a United States court held that there was no deviation from the rules of the American Arbitration Association agreed
to by the
parties where the tribunal had considered a belatedly submitted technical report, adding that «[a] rbitration
proceedings are not constrained
by formal rules of procedure or evidence.»
As part of defending a claim
by Haida Nation for aboriginal title over lands in which third - persons had interests under Canadian law, British Columbia sought
to stay the
proceedings until either Haida Nation declared they would not disturb the tenures, permits and licences of third
parties not named in this action, or it added those third
parties as defendants
to their action.
The initially promised affordability of the «unitary patent» and Unified Patent Court (UPC) especially for small and medium - sized enterprises (SMEs), which was repeated almost mantra - like throughout the EU legislative
proceedings as one reason why the reform was of utmost importance, ultimately turned out
to be pretty much the opposite, with the level of representation costs
to be reimbursed
by the losing
to the winning
party amounting
to up
to more than five times the sum which can currently be claimed in patent litigation
proceedings before the German courts (for more details on the cost situation created
by the reform, cf. the article «Unitary patent and court system — A poisoned gift for SMEs» here).