Sentences with phrase «enforce the agreement if»

Although arbitration agreements are binding, it is possible for a defendant to waive their right to enforce the agreement if they fail to raise the defense soon enough in a state or federal court action brought by a plaintiff, as occurred in the Johnson case.

It is of course physically possible for you to draft your own separation agreement, but without lawyers to represent each party and explain to them their rights, risks and obligations, a judge will not be able to ensure the circumstances under which the agreement was signed were appropriate and therefore will probably not enforce the agreement if it was challenged in the courts.

This is the only way to legally enforce the Agreement if you or your spouse violates the terms.

This has the benefit of potentially giving you the option to ask the Court to enforce the agreement if necessary and you don't wish to use the CMS.

In domestic private adoptions the adoptive parents and the birth parents can come to any agreement they want to but there is no one to enforce the agreement if the adootive parents do not follow through with any promises.

Not exact matches

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.

And on July 30, 2010, the Obama Administration promised to review and possibly challenge Guatemala's labor practices if that country did not show the U.S. government that it is both effectively enforcing its labor laws and complying with 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.

In Compliance with Laws: We may disclose your information to a third party: (a) if we believe that disclosure is reasonably necessary to comply with any applicable law, regulation, legal process, or governmental request; (b) to enforce our agreements and policies; (c) to protect the security or integrity of the Startup Grind Service; (d) to protect Startup Grind, our customers, or the public from harm or illegal activities; (e) to respond to an emergency which we believe in the good faith requires us to disclose information to assist in preventing the death or serious bodily injury of any person; or (f) as otherwise directed by you.

«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.»

Consensus, accords and other soft agreements (such as the 1994 Cairo consensus or the recent Copenhagen Accord), while not being «legally binding», do substantially determine the direction of global governance, establish a «global normative framework», are often «enforced» - effectively implemented, as if political and cultural agreements had become more «binding» than hard law.

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.

By using the Website you acknowledge and agree that Non-GMO Project may access, preserve, and disclose your Account Information and any Posted Content associated with that Account if required to do so by law or in a good - faith belief that such access preservation or disclosure is reasonably necessary to: (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce this Agreement, including the investigation of potential violations thereof, (c) detect, prevent, or otherwise address fraud, security or technical issues (including, without limitation, the filtering of spam), (d) respond to user support requests, or (e) protect the rights, property or safety of Non-GMO Project, its users and the public.

If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our terms of use and other agreements; or to protect the rights, property, or safety of Meat Free Monday Limited, our customers, or others.

You acknowledge and agree that momstown may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to (a) comply with legal process; (b) enforce the Agreement; (c) respond to claims that any Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of momstown, its users, and the public.

25.8 With the exception of your agreement to waive any right to a jury trial or to participate in a class action, if any other provision in this Section 25 is held to be illegal, invalid or unenforceable, such provision shall be fully severable, this Section 25 shall be construed and enforced as if such illegal, invalid or unenforceable provision had never comprised a part of this section, and the remaining provisions of this section shall remain in full force and effect.

This shall not apply to members of Our group who shall have the right to enforce this Agreement as if they were Us.

If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our terms of use and other agreements; or to protect the rights, property, or safety of Datateam Business Media, our customers, or others.

We will disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on Le French Book or the site; (b) protect and defend the rights or property of Le French Book (including enforcing this agreement); and, (c) act under exigent circumstances to protect the personal safety of users of Le French Book, or the public.

If rights holders are going to provide digital content, they need license agreements enforced by digital rights management (DRM) technologies that will limit the risk.

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.

If you are a covered borrower under the MLA, any provisions or terms in this agreement that are in conflict with rights or protections granted under the MLA will be inapplicable and will not be enforced against you.

If we undertake collection or legal action to enforce our remedies or any arbitration provisions under the terms of this Agreement, you agree to pay our attorney's fees, expenses, and litigation costs to the extent permitted by law.

If any terms of this Agreement can not be legally enforced, it is to be considered changed to the extent necessary to comply with the law.

If we accept late or partial payments or delay enforcing any of our rights under this Agreement we will not lose those rights.

If we use an attorney to defend or enforce our rights under this Security Agreement or to perform any legal services in connection with this Security Agreement, we may charge you our legal costs as permitted by law.

You should keep in mind that if the vendor is violating an agreement that's between the vendor and the card company only, you have absolutely no rights to enforce that agreement.

Although lenders must start court action in the County Court, if the debt is not a consumer credit agreement then the lender can try to enforce the judgment in the High Court.

If the Bank incurs any costs or expenses enforcing this Collateral Account Agreement, you will pay those costs and expenses, including reasonable attorneys» fees and court costs.

If the contraindication is temporary, they will include a spay / neuter clause in the adoption agreement and enforce it to the best of their ability.

If any arbitration or other proceeding is brought to enforce or interpret this Agreement or matters relating to it, the substantially prevailing party, as determined by the arbitrator's award, will be entitled to recover reasonable attorneys» fees and other costs and expenses incurred in such arbitration or proceeding from the other party, in addition to any other relief to which such prevailing party is entitled; provided that in no event will the arbitrator have the authority to award punitive damages.

We may use the information that you provide to us if we are under a duty to disclose or share your information in order to comply with (and / or where we believe we are under a duty to comply with) any legal obligation; or in order to enforce the terms of any other agreement; or to protect the rights, property, or safety of GRJ, customers, employees or others.

Please note that some data may be retained if necessary to resolve disputes, enforce Undead Labs» user agreements, and comply with technical and legal requirements and constraints related to the security, integrity and operation of the Site (s) or Undead Labs Features.

We may release account information when in good faith if such information is reasonably necessary to comply with the law, enforce terms of any of our user agreements, or protect the rights, property, and safety of the Kemper Museum of Contemporary Art, the site's users, and others.

If you do not work with a lawyer to draft it, the court may be less likely to enforce it when one party argues he / she didn't understand the agreement.

Once an arbitration agreement is signed, it will be enforced if it meets the general requirements of an enforceable contract.

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.»

If you choose to establish a prenuptial agreement, it is important to work with an attorney who has experience preparing documents that protect clients» interests and can be enforced when necessary.

This paragraph of the bill raises the distinct possibility that, if this bill becomes law without changes, an employer might not be able to enforce a mandatory arbitration agreement if the employee's lawsuit alleges violations of the Law Against Discrimination.

Certainly prenuptial agreements in Hong Kong are not required to be enforced but if both parties were represented by counsel when they were signed, and if the documents were signed long before the actual wedding date, they may then be of significant evidentiary significance.

If any provision of this terms of service agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.

Additionally, if a party fails to provide their partner with a full disclosure their financial assets and property, the prenuptial agreement will not be enforced.

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

As in S v S, if the other forum is going to strictly enforce a premarital agreement, the court may consider the likely adequacy of the provision allowed therein.

Creditors have needed an enforcement order from the court where they wished to enforce a credit or hire agreement that failed to conform with prescribed requirements and the court has only made one if it were just and equitable to do so.

Also, under the statute of frauds, absent a writing and the signature of the party against whom the contract will be enforced, a court can only enforce an oral agreement if part performance has been established.

if either party does not follow through, it is up to the party to enforce the agreement.»

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.

[53] In Miglin, the court determined that just because one portion of a separation agreement fails to substantively comply with the objectives of the Divorce Act does not necessarily mean the entire agreement must be set aside: «[f] or example, if it appeared inappropriate to enforce a time limit in a support agreement, the quantum of support agreed upon might still be appropriate...» (Miglin at para 86).

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.