Sentences with phrase «by the limitation act»

He said the ECG might be caught by the Limitation Act (which requires cases to be taken to court within six years) if it failed to prosecute its debtors early and its money would be lost permanently.

The House of Lords overruled its own decision in Stubbings v Webb, which held that the victim of an intentional assault (sexual or otherwise) was bound by the non-extendable six - year limitation period laid down by the Limitation Act 1980, s 2 for torts in general.

«In so far as any such time limit may be applied by the court by analogy in like manner as the corresponding time limit under any enactment repealed by the Limitation Act 1939 was applied before 1st July 1940.»

However, because it is a new cause of action, it is barred by the Limitation Act, 2002.

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.

Important factors that could cause our actual results and financial condition to differ materially from those indicated in the forward - looking statements include, among others, the following: our ability to successfully and profitably market our products and services; the acceptance of our products and services by patients and healthcare providers; our ability to meet demand for our products and services; the willingness of health insurance companies and other payers to cover Cologuard and adequately reimburse us for our performance of the Cologuard test; the amount and nature of competition from other cancer screening and diagnostic products and services; the effects of the adoption, modification or repeal of any healthcare reform law, rule, order, interpretation or policy; the effects of changes in pricing, coverage and reimbursement for our products and services, including without limitation as a result of the Protecting Access to Medicare Act of 2014; recommendations, guidelines and quality metrics issued by various organizations such as the U.S. Preventive Services Task Force, the American Cancer Society, and the National Committee for Quality Assurance regarding cancer screening or our products and services; our ability to successfully develop new products and services; our success establishing and maintaining collaborative, licensing and supplier arrangements; our ability to maintain regulatory approvals and comply with applicable regulations; and the other risks and uncertainties described in the Risk Factors and in Management's Discussion and Analysis of Financial Condition and Results of Operations sections of our most recently filed Annual Report on Form 10 - K and our subsequently filed Quarterly Reports on Form 10 - Q.

You shall not be bound by the provisions of confidentiality contained in this Agreement if such Holdings Information 1) is or becomes publicly known through no act or omission of the Financial Institution, its employees, agents or subcontractors; 2) is lawfully disclosed to you by a third party without restriction and without any obligation of confidentiality; 3) is required to be disclosed by any Governmental body, regulatory body (including without limitation any relevant securities exchange) or court of competent jurisdiction or otherwise pursuant to any statutory or regulatory obligation.

Of the outstanding shares, all of the shares sold in this offering will be freely tradable, except that any shares held by our affiliates, as that term is defined in Rule 144 under the Securities Act, may only be sold in compliance with the limitations described below.

(a) Schedule 2.7 (a) of the Disclosure Schedule contains a list setting forth each employee benefit plan, program, policy or arrangement (including any «employee benefit plan» as defined in Section 3 (3) of the Employee Retirement Income Security Act of 1974, as amended («ERISA»)(«ERISA Plan»)-RRB-, including, without limitation, employee pension benefit plans, as defined in Section 3 (2) of ERISA, multi-employer plans, as defined in Section 3 (37) of ERISA, employee welfare benefit plans, as defined in Section 3 (1) of ERISA, deferred compensation plans, stock option plans, bonus plans, stock purchase plans, fringe benefit plans, life, hospitalization, disability and other insurance plans, severance or termination pay plans and policies, sick pay plans and vacation plans or arrangements, whether or not an ERISA Plan (including any funding mechanism therefore now in effect or required in the future as a result of the transactions contemplated by this Agreement or otherwise), whether formal or informal, oral or written, under which (i) any current or former employee, director or individual consultant of the Company (collectively, the «Company Employees») has any present or future right to benefits and which are contributed to, sponsored by or maintained by the Company or (ii) the Company or any ERISA Affiliate (as hereinafter defined) has had, has or may have any actual or contingent present or future liability or obligation.

The Act repeals the «Pease» limitation, whose original intent was to raise tax revenue by increasing the taxable income for high - income earners.

After the lock - up agreements expire, all shares outstanding as of December 31, 2016 will be eligible for sale in the public market, of which shares are held by directors, executive officers, and other affiliates and will be subject to volume limitations under Rule 144 of the Securities Act of 1933, as amended, or the Securities Act, and various vesting agreements.

The 5 - year limitation on the student loan interest deduction was temporarily repealed by the Economic Growth and Tax Relief Reconciliation Act of 2001 (EGTRRA, P.L. 107 - 16) through the end of 2012.

Of the million outstanding shares, all of the shares sold in this offering will be freely tradable, except that any shares held by our affiliates, as that term is defined in Rule 144 under the Securities Act, may only be sold in compliance with the limitations described below.

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.

Nonetheless, human beings are naturally religious when by that we mean that they possess, by virtue of their given ontological being, a complex set of innate features, capacities, powers, limitations, and tendencies that give them the capacity to think, perceive, feel, imagine, desire, and act religiously and that under the right conditions tend to predispose and direct them toward religion.

School boards are not free to conduct their affairs autonomously; they can act only within the limitations and in accordance with the standards and requirements set forth by the state.

Aside from the limitations imposed by the halting problem, there are two basic reasons that computers can not accomplish certain things today — for example, be programmed to act with human common sense.

«Consequently, since existence is nothing else than an essence constituted in act, just as an actual essence is formally limited by itself, or by its intrinsic principles, so, too, created existence has limitation from its very essence, not as it is a potency in which it is received, but because, in reality, it is nothing else than the very actual essence itself» (On the Essence of Finite Being as Such.

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The park board must seek voter approval for the increase because of the enactment of the Property Tax Extension Limitation Act by the state legislature on Oct. 1.

First of all, these limitations are directed, in general terms by reference to the overall levels of force used and not, usually, in connection with individual acts of targeting.

The measure, first introduced years ago by Margaret Markey, a New York State Assembly Democrat, would extend the statute of limitations for civil suits against alleged sexual abusers of children and against institutions that fail to act against such abuse under their roofs.

The same goes for the Child Victims Act, which would make it easier for the survivors of childhood sexual abuse to file lawsuits by expanding the statute of limitations.

Our laws if allowed to operate according to its spirit and letter, would have imposed legal limits on government's authority by guarantee us certain rights and freedom when fighting against these evil practices in our institutions but unfortunately for us, certain provisions and attitude of party apparatchiks make our leaders automatic dictators who act without limitations.

The bill, known as the Child Victims Act, would expand the statute of limitations for victims of abuse, had opposed by the Catholic Church, but pushed for by victim advocates and The Daily News in a series of pointed front - page headlines.

[1]- «In most jurisdictions in the United States, the statute of limitations for actions in replevin ranges from two to six years.23 Similarly, in the United Kingdom, actions to reclaim personal property expire after six years24» - «THE THIRD TIME IS NOT ALWAYS A CHARM: THE TROUBLESOME LEGACY OF A DUTCH ART DEALER - THE LIMITATION AND ACT OF STATE DEFENSES IN LOOTED ART CASES» by BERT DEMARSIN

Provided always and it is hereby enacted That all and every Person and Persons who shall or may take or inherit the said Crown by vertue of the Limitation of this present Act and is are or shall be reconciled to or shall hold Communion with the See or Church of Rome... should be excluded and are by that Act made for ever incapable to inherit possess or enjoy the Crown and Government of this Realm and Ireland and the Dominions thereunto belonging or any part of the same or to have use or exercise any regall Power Authority or Jurisdiction within the same.

In practice, no election was absolutely forced by that limitation; until the Septennial Act was repealed by the Fixed - term Parliaments Act 2011, all parliaments were dissolved by the Monarch under the Royal Prerogative on request of the Prime Minister.

«As a ratepayer myself, I was disheartened by this news,» Wallace said Thursday in describing the «Severance Pay Limitation Act» she was introducing in the Assembly.

The Severance Pay Limitation Act would make amendments to the public authorities law by defining at - will appointees, limiting the severance package allowable for at - will appointees to no more than three months» pay, and ensuring that severance payments are not considered in calculating retirement benefits.

DeFrancisco has agreed to meet Monday with Robb and other supporters of the Child Victims Act, a bill sponsored by Assemblywoman Margaret Markey (D - Queens) and Sen. Brad Hoylman (D - Manhattan) that would eliminate the statute of limitations and give past victims a one - year window to file civil lawsuits against predators and institutions that cover up sexual abuse.

Sen. Andrew Lanza (R - Staten Island), who has carried an alternate version of the Child Victims Act supported by the Church but opposed by advocates, said he would support a provision that would create a time frame for prosecutors to charge predators criminally even though the statute of limitations has run out on their cases.

During a visit to a Catholic high school near upstate Kingston on Monday, Dolan was greeted by about 10 protesters calling on him to back legislation — known as The Child Victims Act — that would remove the statute of limitations on cases of child sex abuse and allow a one - year look - back window for victims to revive old civil cases.

While his statement did not mention Dolan by name, it came one day after the cardinal met with him to argue against a lookback provision being included in the Child Victims Act, which would extend the statute of limitations on criminal and civil child sex abuse cases.

The Child Victims Act (A5488), which I proposed, would extend the statute of limitations in New York by five years.

«It's a shame today that the Senate chose not to side with the survivors of childhood sexual abuse, and instead continued to aid and abet predators by refusing to fix New York's broken statute of limitations for these abominable crimes,» said Sen. Brad Hoylman (D - Manhattan), who sponsored the Child Victims Act.

Some victim's advocates viewed Independent Reconciliation and Compensation Programs such as the one in Buffalo as further efforts by bishops to thwart the Child Victims Act, the latest version of legislation aimed at expanding the statute of limitations and establishing a look - back window for child sex abuse cases.

Also available in each office are publications issued by Independent Sector on a variety of topics related to the Tax Reform Act of 1976 and subsequent actions by the congress and the IRS which are concerned with lobbying limitations for non-profit organizations.

27.6.1 For the purposes of this clause 27.6, «Force Majeure Event» means any act or event beyond the reasonable control of the Company, including without limitation strikes, lock - outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.

(a) For the purposes of this clause 13.1, «Force Majeure Event» means any act or event beyond the reasonable control of ELITESINGLES, including without limitation strikes, lock - outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.

An Event Outside Our Control means any act or event beyond our reasonable control, [including without limitation strikes, lock - outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks].

By acting on any information provided by «Passions Network», you specifically release «Passions Network» from any and all damages, direct, indirect, incidental and / or consequential, arising out of your actions based on the information provided, or links provided, INCLUDING, WITHOUT LIMITATION, ECONOMIC IMPACT, PHYSICAL DAMAGES, BODILY INJURY AND OR EMOTIONAL DISTRESS AND DISCOMFORBy acting on any information provided by «Passions Network», you specifically release «Passions Network» from any and all damages, direct, indirect, incidental and / or consequential, arising out of your actions based on the information provided, or links provided, INCLUDING, WITHOUT LIMITATION, ECONOMIC IMPACT, PHYSICAL DAMAGES, BODILY INJURY AND OR EMOTIONAL DISTRESS AND DISCOMFORby «Passions Network», you specifically release «Passions Network» from any and all damages, direct, indirect, incidental and / or consequential, arising out of your actions based on the information provided, or links provided, INCLUDING, WITHOUT LIMITATION, ECONOMIC IMPACT, PHYSICAL DAMAGES, BODILY INJURY AND OR EMOTIONAL DISTRESS AND DISCOMFORT.

Devised by acting - writing comedy team Lowe and Oram and co-scripted by Amy Jump, director Ben Wheatley's professional and personal partner, the movie pokes fun at the social limitations of these lumpen Midlanders without sneering at or patronizing them.

DiCaprio, by now well past the point where he needs to prove himself to critics, acts almost entirely with a pair of coal - black, rapacious, prosecutor's eyes; his gaze and his froggy, beltway rasp help to push past the limitations of the heavy makeup and the prostheses.

Florida's school - to - work system, as envisioned by The School - to - Work Opportunities Act of 1994, was intended to be implemented locally by educators and industry partners who were aware of the needs and limitations of their own areas.

In it, the union calls on the Legislature and Gov. Tom Corbett to put more money into public schools and remove the limitations on property tax increases required by the state law known as Act 1.

The term «Federal share» means 80 per centum, except that it shall mean 90 per centum for the purposes of part C of title I of this ACT and as specifically set forth in section 301 (b)(3): Provided, That with respect to * payments pursuant to part B of title I of this ACT to any State which are used * to meet the costs of construction of those REHABILITATION facilities identified in section 103 (b)(2) in such State, the Federal share shall be the percentages determined in accordance with the provisions of section 301 (b)(3) applicable with respect to that State and that, for the purpose of determining the non - Federal share with respect to any State, expenditures by a political subdivision thereof or by a local agency shall, subject to such limitations and conditions as the Secretary shall by regulation prescribe, be regarded as expenditures by such State.

«first assistant» for purposes of the Federal Vacancies Reform Act of 1998 (5 U.S.C. § 3345, et seq.), and will, in the absence or disability of the Administrator, or in the event of a vacancy in the Office of the Administrator, serve as the Acting Administrator, subject to any limitations established by law.

Important factors that could cause actual results to differ materially from those expressed or implied by such forward - looking statements include, without limitation, possible product defects and product liability, risks related to international sales and potential foreign currency exchange fluctuations, the initiation or outcome of litigation, acts or potential acts of terrorism, international conflicts, significant fluctuations of quarterly operating results, changes in Canadian and foreign laws and regulations, continued acceptance of RIM's products, increased levels of competition, technological changes and the successful development of new products, dependence on third - party networks to provide services, dependence on intellectual property rights, and other risks and factors detailed from time to time in RIM's periodic reports filed with the United States Securities and Exchange Commission, and other regulatory authorities.

Still, the Kindle was not without its limitations as an e-reader (the iPad too is not without faults) and was never known to be able to read comics, something that the iPad was able to by way of a plethora of comic reading apps while its color screen too acted as a boon.