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.
You acknowledge, consent and agree that we may access, preserve, and disclose your registration and any other information you provide if required to do so
by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this
Agreement; (c) respond to
claims of a violation
of the rights
of third -
parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety
of The Defense Alliance
of Minnesota, The Defense Alliance
of Minnesota Affiliates, its users and the public.
You agree to indemnify and hold us, our subsidiaries, affiliates, and licensors and their respective officers, agents, partners and employees, harmless from any loss, liability,
claim, or demand, including reasonable attorneys» fees, made
by any third
party due to or arising out
of your use
of the Sites, the Applications, Content or Materials in violation
of this
Agreement and / or arising from a breach
of this
Agreement and / or any breach
of your representations and warranties set forth above.
In consideration
of being permitted to use the Website, You agree to indemnify and hold harmless Non-GMO Project, and / or its officers, directors, employees, partners, contractors, affiliates, subsidiaries, agents, attorneys, web developers, technical support / maintenance providers, distributors, advertisers, licensors, sublicensees, and / or assigns, from any
claim or demand, including reasonable attorneys» fees, expert witness fees, and court costs, made
by any third
party due to or arising out
of Content You Post, Your use
of the Website, including without limitation, Your participation in any interactive aspect
of the Website, Your use
of any information provided on or in connection with or obtained from the Website, Your violation
of this
Agreement, Your breach
of any
of the representations and warranties contained herein, or Your violation
of any rights
of another.
I fully indemnify, defend and hold harmless Car Throttle (and any third
parties authorised
by Car Throttle using or exploiting the Content), their respective officers, employees, successors, licensees and permitted assigns from and against: (a) any costs,
claim, demand, action, damages, loss and / or expense arising from actions brought
by any third
parties arising from any breach
of any
of the representations, warranties or
agreements made
by you; (b) any
claims of or respecting slander, libel, defamation, invasion
of privacy or right
of publicity, false light, infringement
of copyright or trademark, or violations
of any other rights arising out
of or relating to any use
of the Content as authorised herein.
This
Agreement shall be governed
by and construed in accordance with English law and the
parties hereby agree that the courts
of England and Wales shall have exclusive jurisdiction to settle any dispute or
claim arising out
of or in connection with this
Agreement.
You acknowledge and agree that momstown may preserve Content and may also disclose Content if required to do so
by law or in the good faith belief that such preservation or disclosure is reasonably necessary to (a) comply with legal process; (b) enforce the
Agreement; (c) respond to
claims that any Content violates the rights
of third
parties; or (d) protect the rights, property, or personal safety
of momstown, its users, and the public.
Member agrees to indemnify and hold Selective Mutism Association, its parents, subsidiaries, affiliates, officers and employees, harmless from any
claim or demand, including reasonable attorneys» fees and costs, made
by any third
party due to or arising out
of Member's use
of the Service, the violation
of this
Agreement, or infringement
by Member, or other user
of the Service using Member's computer,
of any intellectual property or any other right
of any person or entity.
The
claims by the minority comes on the back
of similar concerns
by the opposition New Patriotic
Party who have called for a review
of the
agreement.
There was also the somewhat unfortunate tale - reported widely - about an alleged attempt
by the Tories to engender a «gentlemen's
agreement» between the
parties at Cardiff Bay not to raise the issue
of each others» expense
claims.
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any
claim or demand, including reasonable attorneys» fees, due to or arising out
of your breach
of this
Agreement or the documents it incorporates
by reference, or your violation
of any law or the rights
of a third
party.
You agree to indemnify and hold DatingAA.com, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability,
claim, or demand, including reasonable attorney's fees, made
by any third
party due to or arising out
of your use
of the Service in violation
of this
Agreement and / or arising from a breach
of this
Agreement and / or any breach
of your representations and warranties set forth above.
You agree to indemnify and hold Russiandatingnet.com, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability,
claim, or demand, including reasonable attorney's fees, made
by any third
party due to or arising out
of your use
of the Service in violation
of this
Agreement and / or arising from a breach
of this
Agreement and / or any breach
of your representations and warranties set forth above.
The
parties agree that any and all controversies, disputes or
claims arising out
of or under this
Agreement, shall be exclusively governed and decided
by binding arbitration under the Federal Arbitration Act in conformity with the Rules and Procedures as established
by the American Arbitration Association, and the determination
of the arbitrator shall be final and binding (except to the extent there exist grounds for vacation
of an award under applicable arbitration statutes).
You agree to indemnify and hold LoveCompass Free Online Dating, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability,
claim, or demand, including reasonable attorney's fees, made
by any third
party due to or arising out
of your use
of the Website or the Service in violation
of this
Agreement or arising from a breach
of this
Agreement or any breach
of your representations and warranties set forth in this
Agreement.
You agree to indemnify and hold aFreecupid.com, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability,
claim, or demand, including reasonable attorney's fees, made
by any third
party due to or arising out
of your use
of the Service in violation
of this
Agreement and / or arising from a breach
of this
Agreement and / or any breach
of your representations and warranties set forth above.
You agree to indemnify and hold Ukcupiddating.com, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability,
claim, or demand, including reasonable attorney's fees, made
by any third
party due to or arising out
of your use
of the Service in violation
of this
Agreement and / or arising from a breach
of this
Agreement and / or any breach
of your representations and warranties set forth above.
You agree to indemnify and hold Filipinodating.us, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability,
claim, or demand, including reasonable attorney's fees, made
by any third
party due to or arising out
of your use
of the Service in violation
of this
Agreement and / or arising from a breach
of this
Agreement and / or any breach
of your representations and warranties set forth above.
Before a single child's information is turned over to any 3rd
party, policymakers should give assurance to parents and educators that no harm will come to Tennessee school children by adopting the following principles: The state and districts should be required to publish any and all existing data sharing agreements in printed and electronic form, and include a thorough explanation of its purpose and provisions, and make it available to parents and local school authorities statewide; The Department of Education should hold hearings throughout the state or testify before the legislature to explain any existing data agreement, and answer questions from the public or their representatives, obtain informed comment, and gauge public reaction; All parents should have the right to be notified of the impending disclosure of their children's data, and provide them with a right to consent or have the right to withhold their children's information from being shared; The state should have to define what rights families or individuals will have to obtain relief if harmed by improper use or release of their child's private information, including how claims can be made; and finally, any legislation must ensure that the privacy interest of public school children and their families are put above the interests of any 3rd Party and its agents and subsidia
party, policymakers should give assurance to parents and educators that no harm will come to Tennessee school children
by adopting the following principles: The state and districts should be required to publish any and all existing data sharing
agreements in printed and electronic form, and include a thorough explanation
of its purpose and provisions, and make it available to parents and local school authorities statewide; The Department
of Education should hold hearings throughout the state or testify before the legislature to explain any existing data
agreement, and answer questions from the public or their representatives, obtain informed comment, and gauge public reaction; All parents should have the right to be notified
of the impending disclosure
of their children's data, and provide them with a right to consent or have the right to withhold their children's information from being shared; The state should have to define what rights families or individuals will have to obtain relief if harmed
by improper use or release
of their child's private information, including how
claims can be made; and finally, any legislation must ensure that the privacy interest
of public school children and their families are put above the interests
of any 3rd
Party and its agents and subsidia
Party and its agents and subsidiaries.
This offer would have meant that neither Amazon nor Hachette would receive any
of the sales price on these authors» titles, a move which Amazon
claimed was meant to spur the
parties into reaching an
agreement while still ensuring that the authors were not harmed
by the negotiations.
You and Velocity Micro agree that any
claim, dispute, or controversy, whether in contract, tort or otherwise, and whether pre-existing, present or future, and including statutory, common law, intentional tort and equitable
claims («Dispute») against Velocity Micro, its employees, agents, successors, assigns or affiliates arising from, in connection with, or relating to this
Agreement, its interpretation, or the breach, termination, or validity thereof, the relationships which result from this
Agreement (including, to the full extent permitted
by applicable law, relationships with third parties who are not signatories to this Agreement), Velocity Micro's advertising or any related purchase SHALL BE RESOLVED, EXCLUSIVELY AND FINALLY, BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION under its Code of Procedure then in effec
by applicable law, relationships with third
parties who are not signatories to this
Agreement), Velocity Micro's advertising or any related purchase SHALL BE RESOLVED, EXCLUSIVELY AND FINALLY,
BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION under its Code of Procedure then in effec
BY BINDING ARBITRATION ADMINISTERED
BY THE AMERICAN ARBITRATION ASSOCIATION under its Code of Procedure then in effec
BY THE AMERICAN ARBITRATION ASSOCIATION under its Code
of Procedure then in effect.
In the event
of any controversy,
claim or dispute between the
parties arising out
of or relating to this
agreement or the breach, termination, enforcement, interpretation, consionability or validity thereof, including any determination
of the scope or applicability
of this
agreement to arbitrate, shall be determined
by arbitration in Laramie County, Wyoming or in the county in which the consumer resides, in accordance with the Laws
of the State
of Wyoming for
agreements to be made in and to be performed in Wyoming.
The
parties agree that any and all disputes,
claims or controversies arising out
of or relating to the
Agreement, its interpretation, performance, or breach, that are not resolved
by informal negotiation within 30 days (or any mutually agreed extension
of time), shall be submitted to final and binding arbitration before a single arbitrator
of the American Arbitration Association («AAA») in Los Angeles, California, or its successor.
The
parties agree that any controversy or
claim arising out
of or relating to this
Agreement, or the breach thereof, will be settled
by binding arbitration in accordance with California Code
of Civil Procedure Section 1280 et seq., and the then current rules and procedures
of the American Arbitration Association.
I indemnify and hold CATS INC. free and harmless from all liability arising out
of any and all
claims, demands, losses, damages, action, judgment
of every kind and description which may occur to or be suffered
by me, members
of my household or my personal pets, or any third
parties by reason
of activities arising out
of this
Agreement.
(As to why Janssen would concede the validity
of the other 221
claims is unclear; and may reflect the complexity
of these types
of biologic patents, or some unstated
agreement by the
parties.)
For instance, a United States court rejected an argument that the tribunal had deviated from the
parties»
agreement by consolidating
claims arising out
of two separate contracts.
Each
party applied for a stay
of proceedings in the opposing jurisdiction but
by the time the husband's application was heard, the New York court had already
claimed that it had jurisdiction
of all matters relating to the premarital
agreement.
Most
of these
claims settle outside
of the courtroom, meaning the
parties involved come to an
agreement on their own without a verdict
by the court necessary.
The court noted that while plaintiff's
claim fails within the very broad scope
of the arbitration at issue (he was an employee
of the
party that signed the contract and he was also a user
of the equipment), but the court held persons are not normally bound
by an
agreement entered into
by a corporation when they have an interest or are employees.
If the responding spouse contests any
of the allegations or
claims made in the divorce complaint or if the financial and child related issues are not resolved between the
parties by agreement, the process will take more time and require more legal work.
The term «settlement» refers to an
agreement made
by both
parties (the injured victim and the person responsible for causing the injuries) in a personal injury
claim that is reached outside
of the courtroom.
The
claimed invention was made
by or on behalf
of parties to a joint research
agreement that was in effect on or before the date the
claimed invention was made;
No
party (co-owner) to this
agreement is under 18 years
of age or otherwise prohibited
by law from purchasing Lottery tickets or
claiming a prize;
Financial
claims can only be finalised
by way
of a court order, either one made
by the court
of its» own volition or
by the sanctioning
of an
agreement reached between the
parties.
At any time prior to the close
of the proceedings, a
party may amend or supplement its
claim, counterclaim, defence or set - off provided its case is still comprised
by the arbitration
agreement and unless the Arbitral Tribunal considers it inappropriate having regard to the delay in making it, the prejudice to the other
party or any other circumstances.
The Small
Claims Tribunal has heard a total
of 59 cases from inception to September 18, 2008 (30 in 2007 and the remainder in 2008) and all cases were successfully resolved
by agreement between
parties after what was essentially a mediation procedure before the Small
Claims Tribunal Judge.
This is so because the compromise
agreement is substituted for the
claim, and the rights and liabilities
of the
parties are measured and limited
by the terms
of the
agreement.
Just days after a federal judge in a multi-district litigation proceeding ordered a review
by the court
of any litigation funding
agreements connected to the
claim, three United States Senators have submitted a bill that seeks to mandate disclosure
of third
party funders and
agreements in all commercial class actions and MDL
claims....
-- Satyam Computer Services Ltd v Upaid Systems Ltd [2008] EWCA Civ 487, [2008] 2 All ER (Comm) 465 (as junior to David Foxton QC): instructed
by Freshfields Bruckhaus Deringer LLP to act on behalf
of the respondent in the Court
of Appeal in an action concerning the proper constructions
of three commercial
agreements and in particular whether the
parties to a settlement
agreement were to be taken to have excluded fraud
claims.
Following an earlier
agreement over liability, the
parties have been working towards an overall settlement
of the
claim, but due to the nature and extent
of the injuries caused
by the admitted negligence, a definitive assessment
of the
claim is not due to take place until 2018.
(4) Starlight Shipping Co v Allianz Marine & Ors; Brit UW Ltd & Ors v Starlight & Ors; Brit UW & Ors v Imperial Marine & Ors [2014] EWHC 3068 (Comm); [2015] 2 All E.R. (Comm) 747; [2014] 2 Lloyd's Rep. 579; [2014] 2 C.L.C. 503; [2015] Lloyd's Rep. I.R. 54 — relief granted to both insurers and employees and agents
of the insurers who were intended to benefit from the settlement
of the insurance
claim - relief
by way
of specific performance and injunctions was tailored to the particular circumstances which included the prohibition on anti-suit injunction to restrain the Greek proceedings — assured ordered to execute documents recording the meaning and effect
of the settlement
agreement (including settlement
of claims against the servants and agents who were third
parties to the original settlement) so that the same could be placed before the foreign court to assist in the recognition and enforcement
of the English judgment in Greece under the Judgments Regulation.
As a result
of this, significant costs can be incurred
by the
parties pre-action, while they investigate the
claim, comply with pre-action protocols and consider whether it is possible to reach an
agreement without the need to issue proceedings.
«Another type
of claim that may be carved out from the LOL are
claims resulting from the breach
of the
agreement's confidentiality provisions, especially when one or both
of the
parties is giving the other
party access to highly confidential information, the release
of which would cause the
party serious damage
by compromising its competitive advantage.
We work with clients to navigate licenses and other
agreements with third
parties and examine potential
claims by others that could affect the validity, enforceability or scope
of a licensed patent.
Any unsettled controversy or
claim between the
parties arising out
of or relating to this
Agreement or any breach thereof shall be settled
by final and binding arbitration in New York, New York pursuant to the rules then in effect
of the CPR Rules
of Non-Administered Arbitration and in accordance with the New York Convention on the Recognition and Enforcement
of Foreign Arbitral Awards; provided that the arbitrator shall have no authority to add to, amend, modify, or ignore any
of the provisions
of this
Agreement.
It is at the mutual
agreement of both you and Drive Smart Driving School with regard to the TOS that the relationship between the
parties shall be governed
by the laws
of the state
of Texas without regard to its conflict
of law provisions and that any and all
claims, causes
of action and / or disputes, arising out
of or relating to the TOS, or the relationship between you and Drive Smart Driving School, shall be filed within the courts having jurisdiction within the County
of Denton, Texas or the U.S. District Court located in said state.
You agree to indemnify and hold us and (as applicable), affiliates, subsidiaries, RockstarCV partners and employees, harmless from any
claim or demand, including reasonable attorneys» fees, made
by any third
party due to or arising out
of your breach
of this
Agreement or the documents it incorporates
by reference, or your violation
of any law or the rights
of a third
party.
User agrees to indemnify and hold CareerBuilder Employment Screening, its parents, subsidiaries, affiliates, officers and employees, harmless from any
claim or demand, including reasonable attorneys» fees and costs, made
by any third
party due to or arising out
of User's use
of the Service, the violation
of this
Agreement, or infringement
by User, or other user
of the Service using User's computer,
of any intellectual property or any other right
of any person or entity.
Several local government ILUAs are providing innovative models for how
parties can contribute to the resolution
of native title
claims by agreement.