Sentences with phrase «determined by the intent»

1990) for an explanation that back dating violates no general contract law principles and is «determined by the intent of the parties as deduced from the instrument itself.»

Not exact matches

It is the intent of the Company that Options and stock appreciation rights granted to Covered Employees and other Incentive Awards designated as Incentive Awards to Covered Employees subject to Section 8 shall constitute qualified «performance - based compensation» within the meaning of Code Section 162 (m) and regulations thereunder, unless otherwise determined by the Committee at the time of allocation of an Incentive Award.

The Court, if it had wished to rely upon Jefferson to determine the true and original intent of the First Amendment, could have served themselves and the American people well by referring to Jefferson's warning to Judge William Johnson regarding the de-ter-min-ation of the original intent of a statute or a con - st - itu - tion On every question of con - struc - tion, carry ourselves back to the time when the Con - st - itu - tion was adopted, recollect the spirit manifested in the debates, and instead of trying what meaning may be squeezed out of the text, or invented against it, conform to the probable one in which it was passed.»

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

It seems as though Wenger has signified his intent by placing an offer to Palermo as suggested by Maurizio Zamparini, but it is yet to be determined whether or not the asking price has been met.

Corporate brands like Proctor & Gamble and Volkswagon have been running test campaigns with promising results: VW saw a measurable lift in sales last spring after targeting ads to households with high auto purchase intent (as determined by looking at data sets that included auto lease expiration dates).

The HMRC are intent on fronting their story with the «good news» that the Revenue have managed to reduce the gap by # 4 billion in the past year and the claim that they are determined to fight rich tax avoiders, but this is nothing more than political propaganda.

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Mills explained to NC Policy Watch that non-public school identification is not determined by, for example, their nature of their facilities, but by the Notice of Intent that DNPE receives from the school.

Barnes & Noble is the nation's top bookseller brand for the seventh year in a row, as determined by a combination of the brand's performance on familiarity, quality, and purchase intent; the top bookseller in quality for the second year in a row and the number two retailer in trust, according to the EquiTrend ® Brand Study by Harris Interactive ®.

§ Must be a junior or senior (completed at least 60 college credit hours) in a course of instruction with the intent to attain licensure as a teacher in math, science, special education in a public school in Arizona or attain licensure as a teacher in elementary education in a public school that is located in a geographic area (Apache, Cochise, Graham & Greenlee) in Arizona that is experiencing a shortage of teachers as determined by the state board of education.

Determining predictors of best practices is impossible, but policies appear to be driven, at least in part, by individuals who are intent on making the right choices.

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

«Instead of carefully reviewing the evidence in the case in order to determine whether or not the Crown had, in fact, established that the appellant possessed the specific intent of wilfulness required by s. 173 (1) of the Criminal Code, the trial judge erroneously convicted the appellant based upon a perceived (but non-existent) legal presumption that the necessary wilfulness was established by the fact that his acts of masturbation were in fact witnessed by another,» he wrote.

What would help these situations immensely would be the early intervention by the courts to at least determine if a child has distorted views of a parent, if the other parent is the cause of these views and whether or not the parent who is causing the child to be thinking this way is doing so knowingly and with malicious intent.

«In determining intent, «the factfinder may consider the conduct of the person involved and all the circumstances revealed by the evidence.»»

In order to determine this intent, we began by examining the language of the statute [Citation.]

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Take this test by looking at actual ballots in the Norm Coleman / Al Franken Senate race to see if you can determine the intent of the voter (hat tip, Election Law Blog).

If something happens to damage your rented home, you can be held responsible for the repairs of the damage is determined by FL courts to have come about because of your negligence or intent.

h) Post material that advocates illegal activity or discusses illegal activities with the intent to commit them (in either case as determined by How - To Geek in its sole discretion);

Exactly how much the price of a single avocado will be reduced by or how that price compares with competing supermarkets is to be determined, but for now it does alleviate concerns from critics who were skeptical about Amazon's intent in buying Whole Foods.

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Having appropriate regard to functional priorities and strategies for addressing relative need determined by the ATSIC Board, the CEO will take all reasonable steps to ensure that resources are apportioned between regions and communities according to demonstrable relative need, taking into account of the availability of alternative services in those areas and the supplementary intent of Indigenous specific services.

Some definitions of physical abuse do not include perpetrator intent; others reflect motive rather than injury type.3 Additionally, definitions of physical abuse are culturally determined, and what is considered abusive in one society may not be in another.4, 5 In many societies, physical violence against children as a method of punishment is endorsed by parents, sanctioned by societal institutions (such as schools) and allowed by law.

Further, as respecting possible modification, because of past issues of the defendant failing to comply with orders of the court; providing token compliance with orders of the court while ignoring the spirit and intent of the orders (including the orders dated December 1, 2010); the defendant's lengthy pattern of contemptuous conduct; the expenses and financial waste caused by the defendant; the substantial financial drain on the resources of the plaintiff and the guardian ad litem caused by the defendant; the pattern of parental alienation; prior false reports of abuse and / or neglect to governmental entities; and the need for repose on the part of the minor child, it is anticipated that in addition to satisfaction of the foregoing conditions, no modification motion is permitted to be filed by defendant regarding the sole physical and / or sole legal custody arrangements, except in the case of the plaintiff's total and permanent disability as determined by the Social Security Administration, unless the following conditions are satisfied...» Eisenlohr v. Eisenlohr, 2011 WL 1566201 at * 4 (Conn.Super.).

After giving careful consideration to all the evidence, the Hearing Panel determined REALTOR ® B to be in violation of Article 16 by his attempt to utilize confidential MLS information to create a referral to a third broker, contrary to the intent of Standard of Practice 16 - 18, even though his effort to obtain the seller's permission to do so had been unsuccessful.

However, the court determined that that slight deviation from the contract's notice terms didn't invalidate the brokerage's claim to a commission, since the brokerage had informed Zoll by letter before the expiration of the buyer's rep agreement of its intent to seek a commission.

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.