Sentences with phrase «claims under these contracts»

Thus, our exposure to environmental and other latent injury claims under these contracts is, likewise, limited.

Presentation of oral argument to the Connecticut Supreme Court on behalf of a bridge contractor concerning the scope of a statutory waiver of the state's sovereign immunity for disputed claims under contracts with the state for the design, construction, construction management, repair, or alteration of any highway, bridge, building or other public works of the state.

In any action in Ontario against the licensed insurer or its insured arising out of an automobile accident in Ontario, the insurer shall appear and shall not set up any defence to a claim under a contract made outside Ontario, including any defence as to the limit or limits of liability under the contract, that might not be set up if the contract were evidenced by a motor vehicle liability policy issued in Ontario and such contract made outside Ontario shall be deemed to include the statutory accident benefits referred to in subsection 268 (1).

«We order that the KRG pay to Pearl within 28 days the sum of US$ 1,981,951,322 in respect of Pearl's claims under contracts for the sale of condensates and LPG made pursuant to BP [7] of the HoA until 30 June 2015, being USD$ 1,762,505,521 in respect of sales and deliveries to the KRG and US$ 219,445,801 in respect of sales to third parties.»

Anders represented one of Sweden's biggest construction companies in an ad hoc arbitration regarding claims under a contract for the construction of a sports arena.

His practice has a particular focus on international construction claims and disputes in relation to civil engineering, industrial (including nuclear) and building projects, as well as claims under contracts in the oil and gas industry.

Particular care is required in such a situation to ensure that it is only the dispute that is settled, and not the parties» abilities to bring future claims under the contract or policy.

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.

(Deciding a contract is unfair rarely constitutes a legal reason to back out of that contract; Petty claimed that ABC's sale of Shelter Record's to MCA served as justification to declare an unfavorable contract he claimed he signed under duress to be invalid.)

This means that around $ 2.9 billion - worth of ad spend is under review, given that 90 percent of advertisers claim to be looking at their contracts.

In the event that we are not able to resolve a dispute, we each agree that any and all disputes, controversies, or claims arising under, arising out of, or relating in any way to this agreement, or the contractual relationship established by this agreement (whether in contract, tort, or under any statute, regulation, ordinance, or any other source of law) shall be resolved on an individual basis through binding arbitration administered by the American Arbitration Association, in accordance with the American Arbitration Association's rules for arbitration of consumer - related disputes (accessible at https://www.adr.org/aaa/faces/rules)(except that you may assert individual claims in small claims court, if your claims qualify).

Ian Bruce Eichner missed a sales milestone to put $ 500 million worth of units under contract last fall at his troubled Flatiron District condominium building, his partners claim.

The publishers added: «Despite the claims in Alex Malarkey's lawsuit, Tyndale House paid all royalties that were due under the terms of our contract on his book...

The Galacticos are claimed to be trying to tempt us with a swap deal involving Danilo, but with Hector under contract until 2023, we have no need to sell.

AC Milan have been transformed under Gennaro Gattuso since he took charge in November, and reports claim he will be rewarded with a long - term contract.

Podolski — «I can't make any claims,» He told Kicker «I am under contract at Arsenal.

Anderson was already under contract to the Bandits, but with Klein's financial backing, he filed a suit claiming that when he signed with the USFL, his agent, Dr. Jerry Argovitz, had misrepresented the Chargers» offer and had used him as a lever to get a USFL franchise (the Houston Gamblers) for himself.

Claims were made that Ladapo had only one game to prove that he is worthy of earning a contract at the club during the Palace Under - 21's clash against Watford and he certainly did so.

Reports originating from Portugal claim that Liverpool officials are currently trying to broker a deal for the player who is under contract until 2020.

And with just one year remaining under his contract at the Emirates, Wenger has claimed that the English midfielder must show the world what he is made of.

Lawyers for controversial PR firm, Smarttys, are threatening legal action against media houses, who they claim, are «mischievously» associating their client with «a supposed $ 92m contract under the national electrification project».

Claim 27: «The Chairperson, Mrs. Charlotte Osei unilaterally awarded a contract of about $ 25,000 to a South African company, Quazar Limited to change and redevelop the Commission's logo under the guise of rebranding without going to tender contrary to the Public Procurement Act.»

The claim earlier today began a confrontation between Labour and the government over whether making public sector contracts conditional on the living wage being paid is legal under EU law.

Boeing issued a statement clarifying that it is currently under contract for $ 170 million to determine the capabilities of the new aircraft — not more than $ 4 billion as Trump erroneously claimed in a tweet.

(c) And also for * submissions based on the assertion that Mr. Woyome had no contract with the Government of Ghana * and therefore had no valid claims against the Government be determined by the High Court, and not by this Court (the Supreme Court), since they do not involve, according to the relevant case law, the interpretation and enforcement of the Constitution and do not therefore fall within the ambit of the Court's original jurisdiction under Article 130 (1) of the 1992 Constitution.

The panel investigated allegations of violations of law and due process made against Lawal in the award of contracts under the Presidential Initiative on the North East while it probed Oke on the discovery of large amounts of foreign and local currencies by the Economic and Financial Crimes Commission in a residential apartment at Osborne Towers, Ikoyi, Lagos, for which NIA is laying claim.

Ministers have been substantially blamed for the failings of the consultant contract, negotiated in 2003, with the NAO claiming the Department of Health (DoH) under - estimated the work consultants do.

Kennedy, as did his opponent in 2014, signed a contract promising to limit campaign spending to a grant of about $ 95,000 in taxpayer money he received under the Citizen Election Program (CEP), the landmark Connecticut campaign finance reform that its supporters claim is a model for keeping special interest money out of elections.

If an agency puts in a claim for money it was to get under an existing contract with the state agency administering the member item by Sept. 15, the state is obligated to pay.

«We have to pay valid claims under existing contracts,» said Budget Division spokesman Erik Kriss.

THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, AS THE RESULT OF NEGLIGENCE OR OTHERWISE ARISE OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS OR MATERIALS AVAILABLE FROM THIS SITE, AND EVEN IF WE OR OUR REPRESENTATIVES HAVE BEEN NEGLIGENT OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

With the support of the Colorado Education Association, the Denver Classroom Teachers Association, along with five teachers, sued the Denver Public Schools, claiming that the mutual - consent provision violated the teachers» contract clause and property rights under the Colorado Constitution.

In papers filed with the U.S. Court of Appeals for the Seventh Circuit, the teachers claimed that the layoff clause in their contract violated their equal - protection and due - process rights under the 14th Amendment and their right to protection from racial discrimination under Title VII of the Civil Rights Act of 1964 and Sections 1981 and 1983 of the Civil Rights Act of 1871.

• School Expansion, Growth & Strategic Planning • State and Federal Employment Law • School Board and Nonprofit Governance • Administrative Law & Appeals of State and Federal Agency Decisions and Actions • Special Investigations & Legal / Compliance Audits • Policy Guidance and Development • Constitutional Challenges and Claims • School Employee and School Board Training • Litigation in Federal and State Courts • Administrative Hearings and Appeals Before State and Federal Agencies • Public Entity Purchasing and Procurement; Business Transactions; & Contract Negotiation, Review and Drafting • Construction Law, AIA Construction Contracts, Review and Drafting • Real Estate Transactions and Condemnation • Special Education under IDEA and Section 504 • Student Rights & Discipline Issues and Hearings • State and Federal Claims of Discrimination • State and Federal Civil Rights • Administrative Grievances and Hearings • False Claims Act / Qui Tam Defense for Local Government Entities

(b) The offeror understands that any inaccurate data provided to the Department of Transportation may subject the offeror, its subcontractors, its employees, or its representatives to: (1) prosecution for false statements pursuant to 18 U.S.C. 1001 and / or; (2) enforcement action for false claims or statements pursuant to the Program Fraud Civil Remedies Act of 1986, 31 U.S.C. 3801 - 3812 and 49 CFR Part 31 and / or; (3) termination for default under any contract resulting from its offer and / or; (4) debarment or suspension.

What the Ditchwalk Scale shows is that when the owner of a title hires others to write all or part of the contents under contract, and that same owner also manufactures the resulting work, that person does not get to claim that the work was published by that business.

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 effect.

but nothing in this paragraph may be construed to provide that any loan made under a governmental plan under section 414 (d), or a contract or account under section 403 (b), of the Internal Revenue Code of 1986 constitutes a claim or a debt under this title;

Earlier this month, a state court in Massachusetts ruled that the case could go forward, despite the Trump Justice Department's claim that the federal Higher Education Act pre-empted the state's right to sue the servicer, which is under contract to the federal government.

--(1) If the debtor under a debtor - creditor - supplier agreement falling within section 12 (b) or (c) has, in relation to a transaction financed by the agreement, any claim against the supplier in respect of a misrepresentation or breach of contract, he shall have a like claim against the creditor, who, with the supplier, shall accordingly be jointly and severally liable to the debtor.

75A -(1) If the debtor under a linked credit agreement has a claim against the supplier in respect of a breach of contract the debtor may pursue that claim against the creditor where any of the conditions in subsection (2) are met.

Significant amounts of environmental and latent injury claims may arise under the contracts.

Plaintiffs thereupon brought this action claiming inter alia that defendants» exercise of the «due - on» clause in these circumstances constituted an unreasonable restraint on alienation within the meaning of Civil Code section 711, and that as a result they were damaged in the amount of the difference between what the Nolls owed them under the installment land contract and what they in turn owed Lassen on the original loan.

The Judge granted the County's motion to dismiss on all claims, including a challenge under the Commerce Clause, Equal Protection Clause, federal and state law preemption, Contracts Clause, and vagueness.

Binding Arbitration: ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) BETWEEN CLIENT AND Mulcoy Travel, its respective agents, employees, principals, successors, assigns, or affiliates arising from or relating to these terms and conditions, interpretation thereof, or the breach, termination or validity thereof, the relationships which result from the tour (including, to the full extent permitted by applicable law, relationships with third parties who are not parties to these terms and conditions), Mulcoy Travel's advertising, or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA) under its Code of Procedure then in effect.

Activision claims EA actively pursued the pair while they were still under contract with the company, which later turned into one of the boots that kicked them out of their own party.

In time, and with EA's knowledge that West and Zampella were under contract to Activision for another two years, Activision claims EA and the two Infinity Ward founders hatched a plan — one rife with private e-mails, attempts to surreptitiously scan company documents and maybe even a good deal of cackling — to start a spin - off company that would make games to compete with Call of Duty.

Under Illinois law, however, quantum meruit relief is not available «when a contract exists between the parties concerning the identical subject matter upon which the quasi-contractual claim rests.»

Given that external contracts are signed and held by the Observatory, and given that in 2012, in response to 2009 / 2010 - onward series of requests by Greenpeace under the Freedom of Information Act the Institution chose to make public the details of all such contracts that had been used to fund Dr Soon's stipend, claims that he has failed to disclose information about who has funded his past research are manifestly false.

Cost liability is then resolved under contract claims provisions.