Sentences with phrase «controlled by an obligation»

Bound: Being controlled by an obligation.

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.

Among the factors that could cause actual results to differ materially are the following: (1) worldwide economic, political, and capital markets conditions and other factors beyond the Company's control, including natural and other disasters or climate change affecting the operations of the Company or its customers and suppliers; (2) the Company's credit ratings and its cost of capital; (3) competitive conditions and customer preferences; (4) foreign currency exchange rates and fluctuations in those rates; (5) the timing and market acceptance of new product offerings; (6) the availability and cost of purchased components, compounds, raw materials and energy (including oil and natural gas and their derivatives) due to shortages, increased demand or supply interruptions (including those caused by natural and other disasters and other events); (7) the impact of acquisitions, strategic alliances, divestitures, and other unusual events resulting from portfolio management actions and other evolving business strategies, and possible organizational restructuring; (8) generating fewer productivity improvements than estimated; (9) unanticipated problems or delays with the phased implementation of a global enterprise resource planning (ERP) system, or security breaches and other disruptions to the Company's information technology infrastructure; (10) financial market risks that may affect the Company's funding obligations under defined benefit pension and postretirement plans; and (11) legal proceedings, including significant developments that could occur in the legal and regulatory proceedings described in the Company's Annual Report on Form 10 - K for the year ended Dec. 31, 2017, and any subsequent quarterly reports on Form 10 - Q (the «Reports»).

We (nor any bank where our deposit accounts are held) will not be liable for our failure to perform any obligations under this Agreement due to events beyond our control, and the time provided for performing such obligations shall be extended by a period of time equal to the duration of such events.

In addition, the Trustee will not be liable for any delay in performance or for the non-performance of any of its obligations under the Trust Agreement by reason of causes beyond its reasonable control, including acts of God, war or terrorism.

We can express this point by saying that we are in control of our obligations.

On 29 August 2009, the convention was ratified by the standing Committee of the National People's Congress of China, China's top legislative body, which indicates that China is under legal obligation to internalize the norms stipulated in the FCTC so as to effectively control tobacco use.

Schneiderman says the EPA is violating the Clean Air Act by unreasonably delaying its obligation to control methane pollution from the oil and gas industry.

Taking charge of your to - do list is about being in control of your own life and not being run by your obligations.

Neither Party shall be liable for any failure to fulfil its obligations under these Terms if such failure is caused by any circumstances beyond its reasonable control, including but not limited to flood, fire, earthquake, war, tempest or hurricane beyond the control of either Party or acts of God.

The definitions, requirements, obligations, rights, sanctions, and liabilities created by controlling Executive orders and statutory provisions are incorporated into this agreement and are controlling.

A&A Printing will not be liable to you for any failure or delay in the performance of its obligations under this Agreement caused by any event or circumstance beyond its control, including, but not limited to, denial - of - service attacks, insurrection, fires, flood, storm, explosions, acts of God, war, terrorism, and labor conditions.

Such statements reflect the current views of Barnes & Noble with respect to future events, the outcome of which is subject to certain risks, including, among others, the general economic environment and consumer spending patterns, decreased consumer demand for Barnes & Noble's products, low growth or declining sales and net income due to various factors, possible disruptions in Barnes & Noble's computer systems, telephone systems or supply chain, possible risks associated with data privacy, information security and intellectual property, possible work stoppages or increases in labor costs, possible increases in shipping rates or interruptions in shipping service, effects of competition, possible risks that inventory in channels of distribution may be larger than able to be sold, possible risks associated with changes in the strategic direction of the device business, including possible reduction in sales of content, accessories and other merchandise and other adverse financial impacts, possible risk that component parts will be rendered obsolete or otherwise not be able to be effectively utilized in devices to be sold, possible risk that financial and operational forecasts and projections are not achieved, possible risk that returns from consumers or channels of distribution may be greater than estimated, the risk that digital sales growth is less than expectations and the risk that it does not exceed the rate of investment spend, higher - than - anticipated store closing or relocation costs, higher interest rates, the performance of Barnes & Noble's online, digital and other initiatives, the success of Barnes & Noble's strategic investments, unanticipated increases in merchandise, component or occupancy costs, unanticipated adverse litigation results or effects, product and component shortages, the potential adverse impact on the Company's businesses resulting from the Company's prior reviews of strategic alternatives and the potential separation of the Company's businesses, the risk that the transactions with Microsoft and Pearson do not achieve the expected benefits for the parties or impose costs on the Company in excess of what the Company anticipates, including the risk that NOOK Media's applications are not commercially successful or that the expected distribution of those applications is not achieved, risks associated with the international expansion contemplated by the relationship with Microsoft, including that it is not successful or is delayed, the risk that NOOK Media is not able to perform its obligations under the Microsoft and Pearson commercial agreements and the consequences thereof, risks associated with the restatement contained in, the delayed filing of, and the material weakness in internal controls described in Barnes & Noble's Annual Report on Form 10 - K for the fiscal year ended April 27, 2013, risks associated with the SEC investigation disclosed in the quarterly report on Form 10 - Q for the fiscal quarter ended October 26, 2013, risks associated with the ongoing efforts to rationalize the NOOK business and the expected costs and benefits of such efforts and associated risks and other factors which may be outside of Barnes & Noble's control, including those factors discussed in detail in Item 1A, «Risk Factors,» in Barnes & Noble's Annual Report on Form 10 - K for the fiscal year ended April 27, 2013, and in Barnes & Noble's other filings made hereafter from time to time with the SEC.

Draft2Digital LLC will not be liable to you for any failure or delay in the performance of its obligations hereunder caused by any event or circumstance beyond its control, including, but not limited to, denial - of - service attacks, insurrection, fires, flood, storm, explosions, acts of God, war, terrorism, and labor conditions.

By opting for predictability and pegging down your loan obligations, you'll have much better control of your finances.

Any late mortgage payments within the past 36 months on the existing USDA loan, with emphasis on the most recent 12 month period, must be analyzed and addressed by the lender to determine if any late payments were a disregard for financial obligations, an inability to manage debt, or factors beyond the control of the borrower when considering the underwriting decision.

We shall have no liability for and you agree to reimburse, indemnify and hold us, our affiliates and our and their partners, directors, officers and employees and any person controlled by or controlling us harmless from all Losses that result from: (a) your or your agent's misrepresentation, act or omission or alleged misrepresentation, act or omission, (b) Capital One Investing following your or your agent's directions or failing to follow your or their unlawful or unreasonable directions, (c) any of your actions or the actions of your previous advisers or custodian, (d) the failure by any person not controlled by Capital One Investing to perform any obligations to you, and (e) your failure to provide accurate information on your Account Application or to update that information.

You can call your municipality's by - law department, as most municipalities have by - laws dealing with property standards, which may or may not include obligations to cut grass, treat and control weeds etc..

Answer 3: You can call your municipality's by - law department, as most municipalities have by - laws dealing with property standards, which may or may not include obligations to cut grass, treat and control weeds etc..

Unless otherwise required by applicable law, we are not responsible and will not incur liability to you for any failure, error, malfunction or any delay in carrying out obligations under this Collateral Account Agreement if such failure, error or delay results from causes that are beyond our reasonable control (including, but not limited to inclement weather, fire, flood, acts of war or terrorism, and earthquakes).

Donations that go to the CCSPCA do not supplement its contractual obligations for animal control services, as these are funded by the City.

(a) An animal control officer of any county, if so authorized by the board of supervisors of the county, or an animal control officer of any city, if so authorized by the governing body of the city, may accept a credit card as a method of payment for any fee or penalty provided by this division, for any license, fee, or fine, or for any other obligation owed to the officer.

Once tickets have been issued Virgin Atlantic shall not be liable for any failure to comply with its obligations caused by (but not limited to) weather conditions, fire, flood, strike, hurricane, industrial dispute, war, terrorist activity, hostilities, political unrest, riots, civil commotion, or any other circumstances beyond the control of Virgin Atlantic.

Your information will be used in the following instances: (i) to respond with information you requested; (ii) in the case you have bought a product or have hired a service, to improve, comply with and control the fulfillment of the contract; (iii) to fulfill the legal obligations of Costa Maya, and (iv) to send you promotional material in case you so required (at the moment you registered in our websites, by ticking the corresponding box or the section to that effect in the Costa Maya websites and blogs).

12.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of the Surf School owners» obligations under a Contract that is caused by events outside our or the Surf School owners» reasonable control (Force Majeure Event).

You hereby irrevocably and unconditionally RELEASE, WAIVE, AND FOREVER DISCHARGE AND COVENANT NOT TO SUE Ubisoft Entertainment S.A., and each of its past, present and future divisions, parent companies, subsidiaries, affiliates, predecessors, successors and assigns, together with all of their respective past, present and future employees, officers, shareholders, directors and agents, and those who give recommendations, directions, or instructions or engage in risk evaluation or loss control activities regarding the Campaign (all for the purposes herein referred to as «Released Parties») FROM ANY AND ALL LIABILITY TO YOU, your assigns, heirs, and next of kin FOR ANY AND ALL CLAIMS, DEMANDS, CHARGES, LAWSUITS, DEBTS, DEFENSES, ACTIONS OR CAUSES OF ACTION, OBLIGATIONS, DAMAGES, LOSS OF SERVICE, COMPENSATION, PAIN AND SUFFERING, ATTORNEYS» FEES, AND COST AND EXPENSES OF SUIT, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, ARISING OUT OF OR RELATED TO THE PURCHASE, ACQUISITION, RENTAL, POSSESSION AND / OR USAGE, AND / OR THE INTENT TO PURCHASE, ACQUIRE, RENT, POSSESS AND / OR USE, THE ASSASSIN»S CREED UNITY VIDEO GAME AND / OR THE ASSASSIN»S CREED UNITY SEASON PASS ON ANY AND ALL PLATFORMS, AND / OR RELATED TO THE CAMPAIGN, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASED PARTIES OR OTHERWISE.

By failing to control the cost of guaranteed subsidies, the country has been saddled with $ 126bn of obligations to renewable - energy investors.

To enable trading, rules are established that allow those entities with caps to meet their obligations either by purchasing unneeded allowances from others that have caps, funding projects that reduce emissions at places under the control of others, or purchasing off - sets created by carbon reduction projects somewhere in the world.

In particular, when the allowances are allocated directly to affected sources in a traditional cap and trade program the allowance bank is either allowances held by affected sources for compliance obligations or those deemed surplus by compliance entities because of investments in controls to meet their compliance obligations under the cap.

By reg 3 (3) the obligations are imposed on non-employers only in so far as they have control over the work equipment, the way in which it is used or the person who uses it, and then only to the extent of that control.

Fundamentally, an update of current EU data protection laws, the GDPR aims to give control over personal data back to consumers by establishing new individual rights, while at the same time beefing up obligations of the companies that collect personal data.

People are classed as workers when there is a mutuality of obligation on the part of the business to provide work that these workers are obliged to undertake, with a degree of control by the business as to where, when and how the work is to be carried out.

«In particular, I urge public companies to examine their controls and procedures, with not only their securities law disclosure obligations in mind, but also reputational considerations around sales of securities by executives.»

The paying parent will have to overcome this by presenting evidence to show that the parent isn't trying to avoid the obligation and that the reason the parent isn't working harder is involuntary and outside the parent's control.

Instead it suggests that the current Delphic statutory definition of «who is an employee» (namely someone who works under a contract of employment) should be replaced by a more detailed statutory definition reflecting the criteria which has been developed by case law such as the requirement for «mutual obligation» and «control».

Underpinned by a powerful bespoke algorithm developed by ContractorCalculator's CEO Dave Chaplin, the system factors in case law and the relative importance of key tests of employment, such as substitution, control, and mutuality of obligation (MOO).

Certainly the NAACP, as I understand its position before this Court, denied that it had managed or controlled the litigation which it had urged its members or others to bring, disclaimed any desire to do so, and denied any adverse effects upon its operations if lawyers representing clients in school desegregation or other litigation financed by the NAACP represented only those clients and were under no obligation to follow the dictates of the NAACP in the conduct of that litigation.

If control of the physical workplace is not necessary to trigger inspection obligations, a similarly broad approach could be taken by provincial regulators.

«The obligation to give prior notification would not have been restricted to stories about the sexual behaviour of people in the public eye... It would have been ruthlessly exploited by the well - known and, their PR advisers and their lawyers, to control, by legal action and threats of subjecting the media to enormous legal costs, what was written and broadcast about them.»

HMRC's failure to use a more secure method to transport the information (it was not even sent by means of registered delivery); its failure to ensure that the information was encrypted (the CDs were only password protected); and its failure to ensure that there were controls in place to prevent a relatively junior official from accessing and copying the entire database seem almost inevitably to point to a complete abnegation by HMRC of its obligations under the seventh data protection principle.

Your Business Cooperation Agreement should include details like: the names of the parties involved; the purpose, goals and objectives of this agreement; the date and initial term of the agreement; each party's responsibilities; any additional warranties or promises; how many days each party has to correct any problem; who will own any intellectual property created by either party; whether both parties can be excused from obligations due to causes beyond their control; any arbitration, assignment, and non-disclosure clauses; and more.

2 - 23.2 (1) A lawyer must not practise law in an MDP unless (a) the lawyer and all members of the MDP are in compliance with Rules 2 - 23.1 to 2 - 23.12 and the Professional Conduct Handbook, (b) all lawyers who are members of the MDP have obtained express permission under this Division to practise law in the MDP, (c) all non-lawyer members of the MDP are of good character and repute, (d) all members of the MDP agree in writing (i) that practising lawyers who are members of the MDP will have actual control over the delivery of legal services by the MDP, (ii) that non-lawyer members of the MDP will not interfere, directly or indirectly with the lawyer's (A) obligation to comply with the Act, these Rules and the Professional Conduct Handbook, and (B) exercise of independent professional judgement, (iii) to comply with the Act, these Rules and the Professional Conduct Handbook, and (iv) to cooperate with and assist the Society or its agents in the conduct of a practice review, examination or investigation, and (e) all members of the MDP who are governed by the regulatory body of another profession agree to report to the MDP any proceedings concerning their conduct or competence.

The following shall be prohibited as incompatible with the internal market: all agreements between undertakings, decisions by associations of undertakings and concerted practices which may affect trade between Member States and which have as their object or effect the prevention, restriction or distortion of competition within the internal market, and in particular those which: (a) directly or indirectly fix purchase or selling prices or any other trading conditions; (b) limit or control production, markets, technical development, or investment; (c) share markets or sources of supply; (d) apply dissimilar conditions to equivalent transactions with other trading parties, thereby placing them at a competitive disadvantage; (e) make the conclusion of contracts subject to acceptance by the other parties of supplementary obligations which, by their nature or according to commercial usage, have no connection with the subject of such contracts.

Policyholders properly have been concerned that an insurance company that controls the defense of an action potentially covered by the carrier's duty to indemnify will use that control to avoid that very same indemnity obligation.

Lord Justice Lloyd Jones held that «While I readily accept the fundamental importance of the guarantees provided by Article 5, it does not follow that Article 5 must be equated for all purposes with Articles 2, 3 and 4... In the present state of the Strasbourg jurisprudence, enforced disappearance cases are acknowledged to give rise to an investigative obligation because where agents of the State have assumed control over an individual it is incumbent on the authorities to account for his or her whereabouts... I can see no reason in principle why it should be extended to all cases in which a person has been detained in the absence of judicial scrutiny or control, even if the detention is not secret or unacknowledged.

The Court ruled that the Appeals Officer's determination that the Employer can only satisfy certain obligations imposed by subsection 125 (1) when in control of the workplace was «not driven by an impracticality assessment but rather a determination that the underlying purpose of paragraph 125 (1)(z. 12) can only be achieved where the employer is in a position to both identify and fix hazards.»

All of these controls are driven to one extent or another by obligations Canada has to, in this case, the Wassenaar Arrangement.»

A number of the obligations imposed by the order were similar to those imposed in the case of Secretary of State for the Home Department v JJ [2007] All ER (D) 489 (Oct), in which control orders had been quashed.

In a letter to the relevant commissioners, the national government did not mention any break - up of Google, but suggested that its dominance could be reined in by «the obligation to present competing offers at no charge; the provision of discrimination - free access to all content, with effective controls regarding abuse; [or] the introduction of a principle of «platform neutrality,» along with an efficacious implementation of same and the introduction of structured required for this purpose.»

As a QCI (Quality Control Inspector), my job is to ensure that all maintenance services being provided by Centerra meet contractual obligations IAW our Government contracting.