Sentences with phrase «dispute over the performance»

This Court of Appeal decision concerns a dispute over the performance of a contract.

The model answer and your answer both miss a key consideration which applies in every dispute over the performance of a contract when one party is given discretion over how to implement the contract terms that have some level of ambiguity.

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.

The trigger for the latest Redstone family feud, according to several sources, was a dispute over corporate governance issues — such as Shari's effort to more closely tie executive compensation to performance — at Viacom (viab) and CBS (cbs), a media empire that encompasses MTV, the CBS broadcast network, the Paramount film studio and the pay - TV channel Showtime.

Although he will go into the landmark day with some question marks over his performances in recent years, few can dispute the scale of the achievement itself.

Relations got so bad that after the White House got into a scheduling dispute with House Republicans over the president's jobs speech to a joint session of Congress in September, Senate Majority Leader Harry Reid, D - Nevada, complained directly to President Barack Obama about Daley's performance.

As we demonstrated in our 2015 analysis of the Common Core debate on Twitter, the dispute about the standards was largely a proxy war over other politically - charged issues, including opposition to a federal role in education, which many believe should be the domain of state and local education policy; a fear that the Common Core could become a gateway for access to data on children that might be used for exploitive purposes rather than to inform educational improvement; a source for the proliferation of testing which has come to oppressively dominate education; a way for business interests to exploit public education for private gain; or a belief that an emphasis on standards reform distracts from the deeper underlying causes of low educational performance, which include poverty and social inequity.

When a dispute arises over a party's performance, our San Diego breach of contract attorneys can work to achieve a satisfactory resolution through contract litigation or other means.

On the contentious side, we've advised on disputes involving the interpretation, performance and termination of IT contracts; software copyright infringement; technology patent litigation; and disputes over systems procurement and outsourcing agreements.

Our lawyers have a broad range of experience with project finance and lending, from drafting and negotiating contracts to resolving disputes over defect claims, payment and performance bonds, warranties and alleged deceptive trade practices.

She counsels clients in disputes over contract performance or termination, compliance and reimbursement issues, peer review, credentialing and related matters.