If
the customer breaches any of the obligations listed in this section 7, ELITESINGLES can be entitled to require compensation for any resulting damage or expenses.
9.9 If
the customer breaches any of the obligations listed in this clause 9, ELITESINGLES can be entitled to require compensation for any resulting damage or expenses.
Not exact matches
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»).
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.
If you are not in
breach of your
obligations under this Agreement, for each Printed Books & Digital Books sold to a
customer through the Program, A&A Printing will pay you the applicable Royalty
of 80 %
of your list price, net
of refunds, bad debt, and any sales or other taxes or fees charged to a
customer or applied with respect to sales to a
customer.
The same applies in case
of breach of an essential contractual
obligation (an
obligation that must be fulfilled to enable the correct execution
of the agreement and which the
customer may usually trust and may trust that it will be fulfilled); however, to the extent such
breach was unintentionally Design Hotels ™ liability shall be limited to typical damages foreseeable under the contract.
Patent owners may consider bringing claims for interference with contract against competitors who encourage
customers to
breach their contractual
obligations by transferring products in violation
of purchase terms.
These provisions do not however provide the
customer or service provider with the ability to enforce the third party's compliance with the confidentiality
obligations flowed down to it or a direct right
of action against any third party for the third party's
breach of such confidentiality
obligations.
Among his proposals included «The Personal Data Notification & Protection Act» which clarifies and strengthens the
obligations businesses have to notify
customers when their personal information has been exposed including establishing a 30 - day notification requirement from the discovery
of a
breach President Obama also highlighted the actions
of Bank
of America and JPMorganChase, who have joined a growing list
of firms making credit scores available for free to their consumer card
customers.