Sentences with phrase «enforce agreements for»

Claims to enforce agreements for the sale of land including whether the terms of a conditional sale had been breached;

It was found that it was clear that something had gone wrong with the language of a settlement agreement in a claim to enforce an agreement for the sale of a house but equally clear how that mistake was to be corrected by a process of construction to arrive at what the reasonable person would conclude was the true interpretation.

Not exact matches

The judge also rejected Ebert's restraint - of - trade argument, finding the agreements were reasonable for both the parties and public, and that Mars Canada was entitled to enforce its registered trademarks.

You acknowledge, consent and agree that we may access, preserve, and disclose your registration and any other information you provide if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims of a violation of the rights of third - parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of The Defense Alliance of Minnesota, The Defense Alliance of Minnesota Affiliates, its users and the public.

Contract law, for example, provides that by doing or saying certain things people can make binding agreements with one another that will be enforced by judicial authorities in the event that one or more parties fail to follow through on the agreement.

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.

«Unless there is a specific attack on the arbitration agreement itself, that part must be enforced, even if Daniels, for instance, asserts the invalidity of the overall «Hush Agreement» that contains iagreement itself, that part must be enforced, even if Daniels, for instance, asserts the invalidity of the overall «Hush Agreement» that contains iAgreement» that contains it.»

The signatories of this letter warn against the potential for trade agreements like NAFTA to restrict Canada's ability to enforce its own environmental regulations, maintain labour standards, and keep jobs and pollution from leaking to other states with weaker policies.

If there were some way of enforcing the peace agreement, I would be for it, but as for now, I don't think there is.

Good counseling before placement for both the birthparents and the adoptive parents can help everyone think through what they want and what they will do so that a good agreement will written up — one that doesn't * need * to be legally enforced by a court of law, because everyone is committed to following through in the best interests of the child.

Stringer called out the Department of Buildings for failing to enforce the city's agreements with these building owners since the first audit was released.

«In the interim, these agreements ensure our clients continue to receive services and enable us to hold Bedco accountable for their compliance with the corrective action plans we're enforcing.»

In another recent audit, the state determined the Town of Ausable did not enter into a written agreement with the Town of Chesterfield, which bills, collects and enforces charges for two water and one sewer district, including a unit formed following the dissolution of the Village of Keeseville in 2014.

Along with my colleagues, I help clients by assessing whether they can obtain a patent, searching patent and scientific databases, developing strategies for protecting intellectual property assets, drafting patent applications, coordinating worldwide prosecution of the application, preparing licensing agreements, obtaining financing, commercializing the invention, and enforcing its patents against its competitors.

These companies strictly enforced non-disclosure agreements so that former employees couldn't work for competitors and prohibited their scientists from publishing peer - reviewed articles.

In 2010, however, the CCSA filed a complaint for breach of that agreement and asked for specific performance, a permanent injunction, and other equitable relief to enforce its terms.

As for the reason Netflix will do so, it's quite simple: so it can show it's investing «reasonable effort» into enforcing its content license agreements.

If QuinStreet Media makes false or misleading statements, you may, upon written notice, void this agreement, recover any monies you paid to QuinStreet Media for which no services have been performed, and recover actual costs including attorney's fees for enforcing your rights under this agreement.

(For instance, you can't enforce an oral agreement for a home purchasFor instance, you can't enforce an oral agreement for a home purchasfor a home purchase.)

The rules about how other debts are enforced, for example overpaid state benefits, criminal fines and amounts owing under contracts such as lease agreements, are not dealt with in this fact sheet.

Our rental agreements provide for a late payment penalty, which we generally enforce.

The foster parent will reimburse Stray Paws Rescue for all costs and attorney fees incurred to enforce its rights under the foster agreement.

You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated «scraping»; (ii) using any automated system, including without limitation «robots,» «spiders,» «offline readers,» etc., to access the Service in a manner that sends more request messages to the Company servers than a human can reasonably produce in the same period of time by using a conventional on - line web browser (except that Humble Bundle grants the operators of public search engines revocable permission to use spiders to copy materials from Humble Bundle for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes, or may impose in our sole judgment an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Service; (vii) collecting or harvesting any personally identifiable information, including account names, from the Service; (viii) using the Service for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Service; (xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; (xii) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein; (xiii) sell, assign, rent, lease, act as a service bureau, or grant rights in the Products, including, without limitation, through sublicense, to any other entity without the prior written consent of such Products» (defined below) licensors; (xiv) circumventing Service limitations on the number of Products you may purchase, including, without limitation, creating multiple accounts and purchasing a total number of Products through such multiple accounts which exceed the per - user limitations; or (xv) except as otherwise specifically set forth in a licensor's end user license agreement, as otherwise agreed upon by a licensor in writing or as otherwise allowed under applicable law, distributing, transmitting, copying (other than re-installing software or files previously purchased by you through the Service on computers, mobile or tablet devices owned by you, or creating backup copies of such software or files for your own personal use) or otherwise exploiting the Products (defined below) in any manner other than for your own private, non-commercial, personal use.

Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from under that Act.

See for example Snubbed In Copenhagen, EU Weighs Climate Options, a Reuters piece that told us that «Officials acknowledge privately that the mandatory system for enforcing emissions curbs created by the 1997 Kyoto protocol is doomed because China won't accept any constraints on its future economic growth, and the United States won't join any agreement that is not binding on Beijing.»

See for example Snubbed In Copenhagen, E.U. Weighs Climate Options, a Reuters piece that told us that «Officials acknowledge privately that the mandatory system for enforcing emissions curbs created by the 1997 Kyoto protocol is doomed because China won't accept any constraints on its future economic growth, and the United States won't join any agreement that is not binding on Beijing.»

Yet the accord is as of yet incomplete given the lack of emission reduction targets for different parties, the inconclusive determination about whether it will become a legally binding agreement, and a robust plan for how compliance with commitments for reductions will be enforced.

It would be unconscionable for [H] now to seek to enforce the charge against [W] when he was freed from paying arrears and current maintenance as the agreement provided.»

Consequently, where an arbitral tribunal has rendered an award which decides matters beyond the scope of the arbitration agreement, there is a ground for refusing to enforce an award under article V (1)(c).799

For instance, the Hong Kong Supreme Court enforced an award rendered in China, even though its members were selected from a different list of arbitrators than provided in the parties» agreement.880

In that decision, Beck Reed Riden LLP's attorneys secured a positive result for their client, a creditor who was seeking to enforce certain noncompete and nonsolicitation provisions of a franchise agreement that it entered into with the debtor.

IRIS sought to enforce a non-compete provision within its contractual agreement with Dr. Park that prohibited competition within 5 km for a period of 3 years.

For instance, in a 1968 case, a Swiss court refused to issue an enforcement order on the grounds that the arbitral tribunal had not complied with the agreement of the parties that «all disputes should be settled in one and the same arbitral proceedings» and instead conducted the arbitration in two stages.904 In a 2001 case, the Italian Supreme Court enforced a first award but not a second award made with respect to the same dispute.

For example, in a 2004 decision, a German court enforced an award that was rendered five months after the time limit set in the parties» agreement.

As one United States court observed, «[u] nder the New York Convention, we examine whether the award exceeds the scope of the [arbitration agreement], not whether the award exceeds the scope of the parties» pleadings».803 This interpretation of article V (1)(c) which distinguishes the parties» pleadings or prayers for relief from the «submission to arbitration» referred to in article V (1)(c), is consistent with a narrow interpretation of the grounds for refusal to recognize or enforce an award.

However, he held that the Court could nevertheless enforce the waiver pursuant to s. 93 (2) of the CPA, which empowers a court to enforce an agreement that contravenes the CPA «if the court determines that it would be inequitable in the circumstances for the consumer not to be bound.»

Second, the text of article V (1)(c) only provides grounds for refusing to recognize or enforce awards that decide on issues which go «beyond» the parties» agreement to arbitrate.

Re Quiet Moments Ltd [2013] EWHC 3806; [2014] EWCA Civ 1536 Ben acted for the petitioner on an application to wind up a company on the just and equitable ground and claims by the petitioner to enforce compulsory transfer provisions contained in a shareholders» agreement.

In its decision released on June 21, 2012 in Bowes v. Goss Power Products Ltd., 2012 ONCA 425, the Ontario Court of Appeal confirmed that where an employer has agreed to continue paying salary to a dismissed employee for a fixed period in a written employment agreement, that is the obligation and it will be enforced.

For instance, if the marriage itself was void, the courts may not enforce all the terms of the prenuptial agreement.

Hioureas will serve as panelist on «Climate Change Arbitration: The Key to «Climate Justice for All» After the Paris Agreement,» where the advantages and disadvantages of using international arbitration will be explored as a means to enforce the Paris Agreement on Climate Change.

If a marriage is voided (because, for example, the spouses are related to each other, or one spouse is underage or already married), the court will usually not enforce the prenuptial agreement, unless it would yield an unfair result.

If a marriage subject to a prenuptial agreement dissolves and one of the parties fails to take action on claims contained in that prenuptial agreement for a considerable period of time, it is possible the court will prohibit that person from enforcing the agreement due to the amount of time lapsed.

It can be useful to have language in the agreement indicating that if one party waits for a short time before enforcing their rights that they are not waiving them, but otherwise, agreements are enforceable at any time moving forward.

«Defendants created the controversy with Lee by attempting to enforce the agreement, which they extracted as a condition for getting dental treatment,» Crotty wrote.

The family court bifurcated the matter for trial, first deciding whether to enforce the agreement.

• Arthur J Gallagher Insurance Brokers Limited v Aston Scott Group Ltd, an application for an interim injunction enforcing the terms of restrictive covenants contained in a share purchase agreement.

• Acting (unled) for a defendant in a claim for an interim injunction to enforce the terms of restrictive covenants contained in a share purchase agreement.

to enforce its franchise agreement, including applying for and obtaining urgent interim injunctions against seven separate franchisees (Mike Pero (New Zealand) Limited v Heath & Ors [2015] NZHC 2040)

The Arbitration Act itself specifically provides that Courts are not to interfere in disputes covered by an arbitration agreement other than for the limited purposes of assisting in the conduct of arbitrations, ensuring that they are conducted in accordance with arbitration clauses, to prevent unequal or unfair treatment of parties to arbitration clauses, and to enforce arbitration awards.