Sentences with phrase «by subsequent agreements»

Wikipedia: The process of joining the alliance is governed by Article 10 of the North Atlantic Treaty, which allows only for the invitation of «other European States,» and by subsequent agreements.

It is clear that where there has been an express declaration of trust this is conclusive, unless varied by subsequent agreement or affected by proprietary estoppel.

This form requires that you attach your domestic contract and swear or affirm that the agreement has not been set aside or disregarded by any court, or changed by a subsequent agreement between the parties.

The tribunal had correctly noted that there was nothing to prevent the parties to a contract from effecting a variation of it by mutual agreement, and that the terms of a written instrument might be varied by a subsequent agreement, whether written or oral.

Not exact matches

No informal waivers, agreements or representations: Our failure to act with respect to a breach by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches.

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.

«Because there was never a valid agreement and thus, no agreement to arbitrate,» the lawsuit concluded, «any subsequent order obtained by Mr. Cohen and / or Mr. Trump in arbitration is of no consequence or effect.»

Examples of these risks, uncertainties and other factors include, but are not limited to the impact of: adverse general economic and related factors, such as fluctuating or increasing levels of unemployment, underemployment and the volatility of fuel prices, declines in the securities and real estate markets, and perceptions of these conditions that decrease the level of disposable income of consumers or consumer confidence; adverse events impacting the security of travel, such as terrorist acts, armed conflict and threats thereof, acts of piracy, and other international events; the risks and increased costs associated with operating internationally; our expansion into and investments in new markets; breaches in data security or other disturbances to our information technology and other networks; the spread of epidemics and viral outbreaks; adverse incidents involving cruise ships; changes in fuel prices and / or other cruise operating costs; any impairment of our tradenames or goodwill; our hedging strategies; our inability to obtain adequate insurance coverage; our substantial indebtedness, including the ability to raise additional capital to fund our operations, and to generate the necessary amount of cash to service our existing debt; restrictions in the agreements governing our indebtedness that limit our flexibility in operating our business; the significant portion of our assets pledged as collateral under our existing debt agreements and the ability of our creditors to accelerate the repayment of our indebtedness; volatility and disruptions in the global credit and financial markets, which may adversely affect our ability to borrow and could increase our counterparty credit risks, including those under our credit facilities, derivatives, contingent obligations, insurance contracts and new ship progress payment guarantees; fluctuations in foreign currency exchange rates; overcapacity in key markets or globally; our inability to recruit or retain qualified personnel or the loss of key personnel; future changes relating to how external distribution channels sell and market our cruises; our reliance on third parties to provide hotel management services to certain ships and certain other services; delays in our shipbuilding program and ship repairs, maintenance and refurbishments; future increases in the price of, or major changes or reduction in, commercial airline services; seasonal variations in passenger fare rates and occupancy levels at different times of the year; our ability to keep pace with developments in technology; amendments to our collective bargaining agreements for crew members and other employee relation issues; the continued availability of attractive port destinations; pending or threatened litigation, investigations and enforcement actions; changes involving the tax and environmental regulatory regimes in which we operate; and other factors set forth under «Risk Factors» in our most recently filed Annual Report on Form 10 - K and subsequent filings by the Company with the Securities and Exchange Commission.

This pressure has been intensified by the Uruguay Round of the General Agreement on Tariffs and Trade and the subsequent creation of the World Trade Organization.

«The plan was settled at 2750gL and subsequent to that, there was a separate agreement struck among the states to get the plan across the line that said «by 2024, we needed to achieve an additional 450gL of water returned to the environment»,» Ms Ruston said.

He said even if the agreement was signed before Parliament approved it, there are agreements signed as a condition subsequent, which means that agreement can only be said to be effective if it is subsequently approved by Parliament.

Bilateral U.S. - Colombian engagement in the security sphere is governed by conditions set in a number of bilateral agreements, including the 1952 Mutual Defense Assistance Agreement, the 1962 General Agreement for Economic, Technical and Related Assistance, and related subsequent agreements in 1974, 2000, and 2004.

A letter from Smith and the shadow welfare secretary, Debbie Abraham, to the Northern Ireland secretary, James Brokenshire, warns: «This measure is being introduced in the absence of a functioning executive in Northern Ireland... To impose such changes from Westminster, especially through the back door of a statutory instrument without scrutiny even by committee, is completely at odds with principles of the devolution settlement as agreed under the Good Friday agreement and subsequent agreements, including Fresh Start.»

Now that all political parties per their discussions with the select committee on legal and constitutional matter are all in agreement for November 7,2016 and every first Monday of November in subsequent election years even though political parties like National Democratic Party (NDP) are suggesting this amendment to take effect in 2020, we see no reason why there is a slow pace of operations in the release of manifestos by the various political parties.

A subsequent donation by you will be deemed your agreement that your information may be used in accordance with the new policy.

The President may conclude an international agreement pursuant to a treaty brought into force with the advice and consent of the Senate, the provisions of which constitute authorization for the agreement by the Executive without subsequent action by the Congress;

COBE's discovery of tiny variations in the temperature of the cosmic microwave background and the subsequent confirmation by WMAP that these are in excellent agreement with the predictions of inflation.

Even if there were no such agreement, «Intelligent Design» fails to meet the basic definition of a scientific idea: its proponents do not present testable hypotheses and do not provide evidence for their views that can be verified or duplicated by subsequent researchers.

A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.

No waiver by BeautifulPeople of any breach of this Agreement shall be considered as a waiver of any subsequent breach of the same provision or any other provision.

No waiver by Us of any breach of this Agreement shall be considered as a waiver of any subsequent breach of the same provision or any other provision.

July 14, 2017 — / PR NEWSWIRE / - Ruby Corp. and Ruby Life Inc. (ruby), and a proposed class of plaintiffs, co-led by Dowd & Dowd, P.C., The Driscoll Firm, P.C., and Heninger Garrison Davis, LLC, have reached a proposed settlement agreement resolving the class action lawsuits that were filed beginning July 2015 following a data breach of ruby's computer network and subsequent release of certain personal information of customers of Ashley Madison, an online dating website owned and operated by Ruby Life Inc. (formerly Avid Dating Life Inc.) The lawsuits, alleging inadequate data security practices and misrepresentations regarding Ashley Madison, have been consolidated in a multi-district litigation pending in the United States District Court for the Eastern District of Missouri.

You authorize us to charge you (by means of on the credit card account by which you paid for your initial Membership subscription fee) for your initial Membership Subscription Period and thereafter, periodically and on a recurring basis, to charge the same account, by means of automatic credit card rebilling, at the Normal Rate for your category of Premium Membership then - published on our Upgrade Page with respect to recurring billing after the end of any Initial Membership Subscription Period, even if the Normal Rate has been increased from the current Normal Rate in conformity with the terms of this Agreement, and to do so again on a periodic and recurring basis when each subsequent Membership subscription period ends, until or unless this Agreement has earlier been terminated pursuant to it provisions.

Secondly, the negotiation with the teachers union and the subsequent ratification of that agreement by the Regents and by the legislature, putting into place the teacher / principal evaluation piece.

A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.

In those circumstances, the DOT credit agreement will include conditions subsequent to closing that will terminate the commitment if the senior financing does not close by an outside date (not more than a week after the TIFIA and / or RRIF closing) or is on terms and conditions different than the forms of senior financing documents agreed when the TIFIA and / or RRIF loan (s) closed.

Refunds for subsequent cancellations vary by state regulations and are described in the Extended Limited Warranty Agreement.

Penguin has (subsequent to intially withdrawing its ebooks) been informed by Amazon that it had not been consulted by OverDrive about the terms of Penguin's agreement with OverDrive.

Identified in a written agreement (preferably executed by the QI subsequent to the ITD) using a portion of the impounded funds for the earnest money deposit; or

Given the struggles endured by the Company, and subsequent evaporation of shareholder value, these agreements had appeared to become increasingly questionable.

Positive outcomes of this team Australia approach included a sister airport signing agreement between chengdu and Melbourne airports, and the subsequent decision by Sichuan Airlines to initiative new flights between the two cities.

This is Digital Extremes Ltd.'s («Digital Extremes,» «DE») Terms of Use («Terms of Use,» «Agreement,» «Document») that governs your access to, and use of, the Survived By Website located at www.survivedby.com (or any subsequent URL which may replace it) and all officially associated websites and micro-sites (collectively, the «Website»), any game operated by Digital Extremes through this Website (the «Game»), and all features, functions software and services offered through this WebsitBy Website located at www.survivedby.com (or any subsequent URL which may replace it) and all officially associated websites and micro-sites (collectively, the «Website»), any game operated by Digital Extremes through this Website (the «Game»), and all features, functions software and services offered through this Websitby Digital Extremes through this Website (the «Game»), and all features, functions software and services offered through this Website.

A refund of housing charges resulting from an approved request to cancel the housing agreement will be made in accordance with the following schedule: 100 percent of the total housing charges for the semester if the cancellation request is made prior to August 1 for the subsequent fall semester and December 1 for the subsequent spring semester; 65 percent if made by September 30 for the fall semester and January 31 for the spring; and 35 percent if made by October 31 for the fall and February 29 for the spring.

Now that President Obama and other heads of state have left Paris after a round of announcements and events, thousands of diplomats and functionaries — pestered by lobbyists, campaigners and journalists — are getting on with the grunt work of the 21st Conference of the Parties, which is aiming to improve on the ineffectual 1992 Framework Convention on Climate Change and replace a problematic subsequent agreement, the Kyoto Protocol.

When former Environment Minister Robert Hill returned from Kyoto he reportedly received a standing ovation from Cabinet because he had secured such a lenient deal for Australia; at subsequent Conferences of the Parties Australia worked tirelessly to water down the Kyoto agreement by inserting various loopholes in it.

There are numerous other articles on this co-relation between temp and CO2 as well, but there seems to be broad agreement that initial changes in temperature are followed by changes in CO2 levels, but once CO2 changes feeds back into the system any subsequent temperature increase may well be magnified.

A further argument that could be advanced, but has not been to date, is that the agreement by the employee to accept a recall request implicitly creates a visible past practice which can later be used against the employee to justify a subsequent lay - off.

Both the application judge and the Divisional Court (discussed on this blog, respectively, here and here) held that a life insurance policy taken out pursuant to a separation agreement could be clawed back into the estate for a dependant support claim by the subsequent spouse.

Once certified, the opportunity for decertification or a raid by another union presents itself in what is called an «open period,» effectively the three months before a collective agreement (typically three years) is set to expire or, in the case of a longer term collective agreement, in the last three months of the third year, and the last three months of each subsequent year as well as the final three months of the collective agreement.

* Conduct of the Business Clause: The alleged (almost unbelievable) violation by Harman of its capital expenditures covenant and subsequent termination of its agreement to be acquired by KKR and GS Capital Partners underlined the need to keep clients alert and informed of these clauses, as well as for clients to have appropriate systems in place to prevent breaches.

The separation agreement, so long as it is working, can be used in subsequent divorce proceedings to settle matrimonial finances by simply being converted into a consent order.

There is a risk that settlement agreements entered into by the company may be disclosable in subsequent proceedings, or requested by an authority as part of their investigations.

By accessing this blog, you agree that no attorney - client relationship is formed except by a subsequent written retainer agreemenBy accessing this blog, you agree that no attorney - client relationship is formed except by a subsequent written retainer agreemenby a subsequent written retainer agreement.

After some revisions, they prepared subsequent drafts and then went through the agreement on a clause - by - clause, page - by - page basis.

The agreement gains its authority from its subsequent approval by the court and incorporation into an order;

A subsequent issue for those harmed individuals is in the underestimation in the degree of loss in occupational capacity by the responsible institutions; due to both unclear criteria and the unofficial agreement to either allocate minimal degree of loss of occupational capacity, or to completely reject the right for compensation.

The initial contact and subsequent email messages and supporting documents and information on these frauds are identical to those used in previous and ongoing collaborate agreement frauds we have seen by purported clients Kathy Cheung, Peggy Higashi, Beverly Kawashima, Jennifer Wong and Zaira Hoshiko and Rita Takahashi or Rika Takahashi.

The Firm will not, nor will any entity that is part of the Firm, be deemed to have waived any breach by you of this Agreement, except by a written waiver expressly so stating, and such waiver will not be construed as a waiver of subsequent or continued breaches.

Owner's acceptance of rent with knowledge of any default by resident or waiver by owner of any breach of any term of this agreement shall not constitute a waiver of subsequent breaches.

E-mails disclosed by the sons in the subsequent litigation showed that, by expressing concern that Richard was being unduly influenced or lacking in capacity, they were able to obtain details of Richard's affairs, while securing agreement that their communications would be kept a secret from Richard.