Sentences with phrase «determining applicable law»

Litigation consists of three parts: proving facts, determining the applicable law, applying the law to the facts.

The idea was that, no matter where in the EU an action is brought, the rules determining applicable law will always be the same.

Article 8 is often said to include «waterfall» or «cascade» provisions, since it provides for a hierarchy for determining the applicable law.

It is demonstrated that arbitrators no longer automatically refer to the private international law of the state that is the seat of arbitration to determine the applicable law, nor to private international law rules of a particular country.

These facts determine the applicable law.

In addition to the issue of disproportionality between the cost of bringing an action and the interest at stake, Justice Lucy McCallum had to determine the applicable law on defamation for search engines.

Not exact matches

The administrator will determine the methods of payment of the exercise price of an option, which may include cash, shares, or other property acceptable to the administrator, as well as other types of consideration permitted by applicable law and the other terms of the option, subject to the provisions of our 2015 Plan.

Any Employee regularly employed on a full - time or part - time (20 hours or more per week on a regular schedule) basis, or on any other basis as determined by the Corporation (if required under applicable local law) for purposes of the Non-423 Plan or any separate offering under the Code Section 423 Plan, by the Corporation or by any Designated Affiliate on an Entry Date shall be eligible to participate in the Plan with respect to the Offering Period commencing on such Entry Date, provided that the Committee may establish administrative rules requiring that employment commence some minimum period (e.g., one pay period) prior to an Entry Date to be eligible to participate with respect to the Offering Period beginning on that Entry Date.

The administrator will determine the methods of payment of the exercise price of an option, which may include, to the extent permitted by applicable law, cash, shares, or other property acceptable to the administrator, as well as other types of consideration, subject to the provisions of our 2015 Plan.

The Board has determined that Mr. House and Ms. Reisman are independent under the NYSE listed company rules and applicable law and that Mr. Sloan is not independent under these rules because of his interest in a limited partnership from which the Company leases space for operation of three of our retail stores.

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.

Orlando Stroller Rentals, LLC shall have the right, but not the obligation, to monitor the content of the Website at all times, including any chat rooms, forums, surveys, posts, comments, etc. that may hereinafter be included as part of the Website, to determine compliance with this Agreement and any operating rules established by Orlando Stroller Rentals, LLC, as well as to satisfy any applicable law, regulation or authorized government request.

«an informed, high - level official of the U.S. government» determines the target is an imminent threat, when capture would be infeasible and when the operation is «conducted consistent with applicable law of war principles.»

«In connection with Pilgrim's application, the Thruway Authority will also need to determine whether the project is consistent with, and permissible under, applicable state and federal laws, rules, regulations and policies regulating highway use,» Megna wrote.

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

If any part of this Agreement is determined to be invalid or unenforceable under applicable law, that provision will be removed, and the remainder of the Agreement will continue to be valid and enforceable, except as expressly stated.

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.

The result of the evaluation determines your child's eligibility to receive a range of services under applicable laws.

(A) adequately demonstrate student progress, as determined by the commissioner, (B) comply with the terms of its charter or with applicable laws and regulations, (C) achieve measurable progress in reducing racial, ethnic and economic isolation, (continued...)

(1) Comply with the terms of probation, including the failure to file or implement a corrective action plan; (2) demonstrate satisfactory student progress, as determined by the commissioner; (3) comply with the terms of its charter or applicable laws and regulations; or (4) manage its public funds in a prudent or legal manner.

These positions require (1) broad knowledge of railroad operating practices and recordkeeping; (2) practical knowledge of methods used in the installation, maintenance, or manufacture of railroad equipment, signal systems, or track; (3) knowledge of safety practices applicable to the railroad industry and related laws, regulations, and standards; and (4) knowledge of the investigative techniques used in determining the cause of accidents.

Each party will bear the expense of the fees and costs of that party's attorneys, experts, witnesses, documents and other expenses, regardless of which party prevails, for arbitration and any appeal (as permitted below), except that the arbitrator shall apply any applicable law (and the section of this Agreement entitled «Collection Costs») in determining whether a party should recover any or all fees and costs from another party.

We are providing information that is general in nature, and it may not be applicable to your exact situation, so a no charge in person consultation with a Hoyes Michalos professional is recommended to determine how these new laws will effect you.

Unsuccessful Payment Fee — Either $ 15 per unsuccessful attempt or a lesser amount as determined by applicable state laws.

Your attorney can compare your property against the applicable exemption laws to determine whether you have any non-exempt assets that the trustee would be interested in.

With LoanMart, the value of your car, your ability to repay the loan, and applicable laws in your state on loan limits will determine the amount you are eligible for.

Street Capital collects personal information from you, from your interactions with us and from other sources in order to make credit decisions about potential customers, to confirm identity and to prevent fraud, money laundering and other criminal activity, to understand customer needs, to determine suitability or eligibility of products and services, comply with applicable laws, collect on outstanding debt as well as to administer or service our products and services.

We constantly review documents related to all these situations to determine if consumer rights have been violated under applicable consumer laws.

Federal law determines what costs comprise the COA, such as tuition and fees, on - campus room and board (or a reasonable allowance for off - campus students), and allowances for books, supplies, transportation, loan fees, and, if applicable, dependent care.

Subject to applicable law, we will apply and allocate payments up to the Minimum Payment Due and any credits on your Credit Account among balances and charges in any order and manner determined by us in our sole discretion.

But if you are determined enough to plow through the stacks of law books, then you should expect to spend at least a a few Sunday afternoons researching applicable credit laws at your local library.

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.

Hotel Name 1 may at any time and without notice terminate or restrict a person \'s ability to submit a claim under or otherwise benefit from the Best Price Guarantee, if in its sole discretion Hotel Name 1 determines that such person has: (1) acted in a manner inconsistent with applicable laws or ordinances; (2) acted in a fraudulent or abusive manner, (3) submitted multiple invalid Best Price Guarantee claims; (4) failed to stay at Hotel Name 1 Hotels after receiving approved Best Price Guarantee Claims; or (5) breached any of these BPG Terms.

Starwood may at any time and without notice terminate or restrict a person's ability to submit a claim under or otherwise benefit from the Best Rate Guarantee, if in its sole discretion Starwood determines that such person has: (1) acted in a manner inconsistent with applicable laws or ordinances; (2) acted in a fraudulent or abusive manner, (3) submitted multiple invalid Best Rate Guarantee claims; (4) failed to stay at Starwood Hotels after receiving approved Best Rate Guarantee Claims; or (5) breached any of these BRG Terms.

MGM Resorts International may at any time and without notice terminate or restrict a person's ability to submit a claim under or otherwise benefit from the Best Rate Guarantee, if in its sole discretion MGM Resorts determines that such person has: (1) acted in a manner inconsistent with applicable laws or ordinances; (2) acted in a fraudulent or abusive manner; (3) submitted multiple invalid Best Rate Guarantee claims; (4) failed to stay at an MGM Resorts destination after receiving approved Best Rate Guarantee claims; or (5) breached any of these Best Rate Guarantee terms.

It is therefore inappropriate to apply Kirchoff's law to determine -LCB- ε -RCB- for the surface emission range (~ 5 — 50 microns), the value of 0.7 that Rancort derives is applicable to the UV to 5 microns range, not to the IR.

Prior to the implementation of Rome I and Rome II, travel law practitioners relied upon the Private International Law (Miscellaneous Provisions) Act 1995 and Contracts (Applicable Law) Act 1990 when determining disputes associated to applicable llaw practitioners relied upon the Private International Law (Miscellaneous Provisions) Act 1995 and Contracts (Applicable Law) Act 1990 when determining disputes associated to applicable lLaw (Miscellaneous Provisions) Act 1995 and Contracts (Applicable Law) Act 1990 when determining disputes associated to applicable lLaw) Act 1990 when determining disputes associated to applicable lawlaw.

The applicable national law determines their incorporation.

The facts, circumstances and law which is applicable to your truck accident case will determine the value of that case.

It is extremely important that you consult a qualified lawyer from our firm to investigate the landowner and tenant, the history of the property, the physical condition of the property, applicable laws and safety regulations in order to determine the extent of the danger and the owner or tenant's negligence.

The Court found that the interpretation of insurance contracts involves a unique blend of the general principles of interpretation applicable to all contracts and the unique principles applicable in the insurance setting.22 While courts have found that the «language of the policy» is the most important factor in determining whether coverage is granted or excluded, courts have found that where there is genuine ambiguity or doubt, the duty to defend ought to be resolved in favour of the insured.23 Similarly other insurance law principles should be considered, such as the principle that coverage provisions should be construed broadly and exclusion clauses should be construed narrowly.24 It was this last principle that the Court looked to in making a decision in this case.

Our attorneys handle both personal injury and maritime claims, and will use this experience to determine the laws, statutes, theories, and jurisdictions applicable to your claim.

Given that the European Union's own resources include, as provided in Article 2 (1) of Council Decision 2007 / 436 / EC, Euratom of 7 June 2007 on the system of the European Communities» own resources (OJ 2007 L 163, p. 17), revenue from application of a uniform rate to the harmonised VAT assessment bases determined according to European Union rules, there is thus a direct link between the collection of VAT revenue in compliance with the European Union law applicable and the availability to the European Union budget of the corresponding VAT resources, since any lacuna in the collection of the first potentially causes a reduction in the second» (para. 26).

The CJEU highlighted that Article 4 of the Directive governs the question of the relevant law applicable to legal proceedings, while Article 28 determines the role and powers of the relevant supervisory authority.

The referring court also sought guidance on the relevance of other factual elements, such as the nationality of the advertisers and the owners of the website, when determining the applicable data protection law.

These sorts of governmental fact sheets are not absolute statements of the law, they are guidelines about what is most commonly applicable, and to determine if there are any exceptions, one must consult the actual law.

By researching the law, you process and analyze as you move along and determine how it is applicable to your own case.

The applicable laws require that the court weighs all of these factors to determine if it will be in the children's best interests to relocate to another state and, if so, the best long - distance parenting time schedule for the children and the other parent.

Again, what the client will pay for is will ultimately going to be determined based on the agreement and relationship with that client (and applicable laws and bar guidelines), but, when in doubt, best to get clarity from a managing attorney and / or straight from the client beforehand to reduce wasted time and unnecessary tension.

In that decision, the court determined the substantive / procedural divide in a choice of law case, equally applicable here: «Remoteness and heads of damage are questions of substance governed by the lex loci delicti, whereas the quantification or measurement of damages is a question of procedure governed by the lex fori.»