Sentences with phrase «conditions upon exercising»

However, if I remember correctly, Judge Kozinsky published an opinion a few years ago discussing something about the role of consent, bail supervision, and unconstitutional conditions upon exercising liberty rights, that suggests that certain supervision conditions may indeed be unconstitutional.

Not exact matches

With respect to Awards granted to an Outside Director that are assumed or substituted for, if on the date of or following such assumption or substitution the Participant's status as a Director or a director of the successor corporation, as applicable, is terminated other than upon a voluntary resignation by the Participant (unless such resignation is at the request of the acquirer), then the Participant will fully vest in and have the right to exercise Options and / or Stock Appreciation Rights as to all of the Shares underlying such Award, including those Shares which would not otherwise be vested or exercisable, all restrictions on Restricted Stock and Restricted Stock Units will lapse, and, with respect to Awards with performance - based vesting, all performance goals or other vesting criteria will be deemed achieved at one hundred percent (100 %) of target levels and all other terms and conditions met.

Whether classical theologians dealt with the nature of sin as pride, sloth, unbelief, disobedience, or any other variation, the exercise of such vices depended upon this original condition.

And what is interesting here, I think, is that while the standard view of omnipotence does not appear to entail that beings other than God are devoid of power, it does entail that the exercise of power on the part of any finite being is importantly conditioned, i.e., it is contingent upon God's willingness to refrain from exercising some power of his own.

Just prior to the start of an event or long training session ingest an Sodium Chloride based electrolyte with water and maintain proper hydration during exercise based upon conditions and intensity level of physical activity.

Symptoms of elbow dysplasia include lameness, abnormal gait, holding the elbows at odd angles, unwillingness to move around much or play, tiring easily, stiffness upon standing, and a worsening of the condition after exercise.

These guidelines should be adjusted based upon your dog's body condition, life stage, exercise and activity level and environmental temperature.

13.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.

In addition to jail time, the court can impose stringent new conditions, take away an earlier promise to reduce the level of the conviction upon successful completion of probation or exercise other options as well.

Two issues arose: (i) whether or not the statutory powers available to the commissioner of police under s 134 could be exercised by a subordinate on his behalf; and (ii) whether or not the conditions imposed upon the defendant were ultra vires, or incompatible with Arts 10 and 11 of the Convention, on the grounds that they were unreasonable or insufficiently clear.

Upon request of a party, the court shall consider the following factors in respect to both parents: the financial resources of the child, the financial resources of the custodial parent, the standard of living the child would have enjoyed had the marital relationship not been discontinued, the physical and emotional condition of the child, the educational needs of the child, the financial resources and needs of the non-custodial parent, inflation, the costs of meeting the educational needs of either parent, if the costs are incurred for the purpose of increasing the earning capacity of the parent, extraordinary travel and other travel - related expenses incurred in exercising the right to parent - child contact, and any other factors the court finds relevant.

107 DOS 98 Matter of DOS v. Sosis - subject matter jurisdiction; due process; failure to appear at hearing; proper business practices; deposits; fraudulent practice; DOS fails its burden of proof; DOS has subject matter jurisdiction if at the time the disciplinary proceeding was commenced by proper service of a notice of hearing and complaint the party was (i) licensed to engage in regulated real estate activities, or (ii) an applicant for either a license or for the renewal of a license to engage in regulated real estate activities, or (iii) eligible to automatically renew the prior license under the two - year limitation provision of RPL § 441 (2); ex parte hearing is permissible upon proof of proper notice of hearing; DOS has subject matter jurisdiction where party was licensed at the time proceeding was commenced and, where at time of hearing, although not licensed was eligible to automatically apply to renew pursuant to RPL § 441 (2); licensee operated a real estate brokerage business under an unlicensed name; licensee unlawfully retains deposit funds after deposit monies were delivered on the condition that same were to be disbursed only on the principal's consent and approval and said consent and approval was not given; licensee's illegal exercise of right of ownership over his principal's funds spawns conversion and constitutes a fraudulent practice; DOS fails its burden of proof to establish licensee failed to deposit trust funds in a segregated escrow account, engaged in fraud and changed business location without notice to DOS; restitution ordered in the amount of $ 1,900 plus interest, fine of $ 1,000 and any further application for licensure shall not be considered until applicant pays said fine and provides proof of payment of restitution