Sentences with phrase «except by the agreement»

The Service shall conduct any hearings with respect to any such complaint in executive session, and shall not release any testimony given therein except by agreement of all parties involved in the complaint with the permission of the court, and the Service shall endeavor to bring about a voluntary settlement between the parties.

Nothing can be filed at court except by the agreement of both parties.

Not exact matches

These Terms of Service represent the entire understanding of the parties regarding its subject matter, and supersede all prior and contemporaneous agreements and understandings between the parties regarding its subject matter, and may not be amended, altered or waived except in writing by the party to be charged.

(l) Except as otherwise set forth in Schedule 2.7 (l) of the Disclosure Schedule, (i) the Company is not and will not be obligated to pay separation, severance, termination or similar benefits as a result of any of the transactions contemplated by this Agreement, nor will any such transactions accelerate the time of payment or vesting, or increase the amount, of any benefit or other compensation due to any individual; and (ii) the transactions contemplated by this Agreement will not cause the Company to record additional compensation expense on its income statements with respect to any outstanding Stock Option or other equity - based award.

In the event that we are not able to resolve a dispute, we each agree that any and all disputes, controversies, or claims arising under, arising out of, or relating in any way to this agreement, or the contractual relationship established by this agreement (whether in contract, tort, or under any statute, regulation, ordinance, or any other source of law) shall be resolved on an individual basis through binding arbitration administered by the American Arbitration Association, in accordance with the American Arbitration Association's rules for arbitration of consumer - related disputes (accessible at https://www.adr.org/aaa/faces/rules)(except that you may assert individual claims in small claims court, if your claims qualify).

Except as expressly and specifically contemplated by the Agreement, no representations, statements, consents, waivers or other acts or omissions by any The Defense Alliance of Minnesota Affiliate shall be deemed legally binding on any The Defense Alliance of Minnesota Affiliate, unless documented in a physical writing hand signed by a duly appointed officer of The Defense Alliance of Minnesota.

Except as expressly provided by this Agreement, your use of the Third Party Proprietary Property is strictly prohibited.

Except as expressly provided by this Agreement, your use of the RealtyShares Proprietary Property is strictly prohibited.

Except as required by Section 162 (m) of the Code with respect to a SAR intended to qualify as performance - based compensation as described in Section 162 (m) of the Code, there will be no restrictions specified in the 2014 Plan on the exercise of SARs or the amount of gain realizable therefrom, although restrictions may be imposed by the administrator in the SAR agreements.

The Beer, Wine and Spirits Producers» Commitments 2013 - 2017 include adding to packaging globally (except where similar information is already legally required, prohibited or already provided by voluntary agreements) a standard set of easily understood symbols or equivalent words to discourage (1) drinking and driving (2) consumption by those under - age and (3) consumption by pregnant women.

This Agreement may not be modified except in writing, signed by both parties.

Except as provided in Section 8 above, no modification of or amendment to this Agreement, or any waiver of any rights under this Agreement, shall be effective unless in writing signed by each party hereto.

«The Committee considers that price discrimination generally enhances economic efficiency, except in cases which may be dealt with by section 45 (anti-competitive agreements) or section 46 (misuse of market power).»

Except as expressly authorized in advance by MomLifeTV, you agree not to copy, distribute, transmit, display, perform or create derivative works on the web site or any of the Materials, provided that, subject to your compliance with this Agreement, MomLifeTV grants you a limited, personal, revocable, non-transferable and non-sub-licensable license to (a) access the site and the Materials via the Internet solely for purposes of viewing such Materials and (b) to print out pages of this site for your personal, non-commercial use.

Both parties agree that the Terms of Use is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of the Terms of Use, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein.

Except as expressly provided in the Agreement, nothing contained in the Agreement or on the Web Site shall be construed as conferring any other license or right, expressly, by implication, by estoppels, or otherwise under any of momstown's Intellectual Property Rights or under any third party's Intellectual Property Rights.

Except as expressly stated in this ANNEX A or otherwise permitted in the License or by other written agreement with the Publisher, Licensee and its Authorized Users may not:

«(B) except as provided in paragraph (5) or (6), the quantity of the international offset credits is determined by comparing the national emissions from deforestation relative to a national deforestation baseline for that country established, in accordance with an agreement or arrangement described in subsection (b)(2)(A), pursuant to paragraph (4);

These Terms and Conditions represent the entire agreement between you and The Endocrine Society with respect to the subject matter hereof, and supersede any and all prior and contemporaneous written and oral representations, understandings, and agreements, express and implied, and will be governed by and construed in accordance with the laws of the State of Maryland, without reference to its conflict of law rules; PROVIDED, HOWEVER, THAT THE TERMS OF ANY APPLICABLE LAW NOW OR HEREAFTER ENACTED THAT IS BASED ON, DERIVED FROM, SIMILAR TO, OR CONNECTED WITH THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT DRAFTED BY THE NATIONAL CONFERENCE OF COMMISSIONERS ON UNIFORM STATE LAWS SHALL NOT APPLY EXCEPT TO THE EXTENT THAT THE LAW EXPRESSLY PROHIBITS ALTERATION BY THESE TERMS AND CONDITIONS OF THE APPLICABILITY OF ONE OR MORE SECTIONS OF THE LAby and construed in accordance with the laws of the State of Maryland, without reference to its conflict of law rules; PROVIDED, HOWEVER, THAT THE TERMS OF ANY APPLICABLE LAW NOW OR HEREAFTER ENACTED THAT IS BASED ON, DERIVED FROM, SIMILAR TO, OR CONNECTED WITH THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT DRAFTED BY THE NATIONAL CONFERENCE OF COMMISSIONERS ON UNIFORM STATE LAWS SHALL NOT APPLY EXCEPT TO THE EXTENT THAT THE LAW EXPRESSLY PROHIBITS ALTERATION BY THESE TERMS AND CONDITIONS OF THE APPLICABILITY OF ONE OR MORE SECTIONS OF THE LABY THE NATIONAL CONFERENCE OF COMMISSIONERS ON UNIFORM STATE LAWS SHALL NOT APPLY EXCEPT TO THE EXTENT THAT THE LAW EXPRESSLY PROHIBITS ALTERATION BY THESE TERMS AND CONDITIONS OF THE APPLICABILITY OF ONE OR MORE SECTIONS OF THE LABY THESE TERMS AND CONDITIONS OF THE APPLICABILITY OF ONE OR MORE SECTIONS OF THE LAW.

Except where excluded by law, any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. («JAMS») by three arbitrators appointed in accordance with such Rules.

Except to the extent that applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Kentucky, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Kentucky.

Except for such purposes as contemplated by this Agreement, the User undertakes to keep confidential and not to use any information relating to the Service which may be disclosed to the User or which the User may learn, except where such information is public knowledge or it is required to be disclosed bExcept for such purposes as contemplated by this Agreement, the User undertakes to keep confidential and not to use any information relating to the Service which may be disclosed to the User or which the User may learn, except where such information is public knowledge or it is required to be disclosed bexcept where such information is public knowledge or it is required to be disclosed by law.

The parties agree that any and all controversies, disputes or claims arising out of or under this Agreement, shall be exclusively governed and decided by binding arbitration under the Federal Arbitration Act in conformity with the Rules and Procedures as established by the American Arbitration Association, and the determination of the arbitrator shall be final and binding (except to the extent there exist grounds for vacation of an award under applicable arbitration statutes).

This Agreement may not be modified except by a revised Terms of Service posted by Urban Crush on the Urban Crush Website or Application, or by a written amendment signed by an authorized representative of Urban Crush.

(d) Except as set forth in subparagraph (e) below, HBO and you agree that any dispute, claim or controversy arising out of or relating to the Service or your use of the Service, including the website, user interface, these Terms and this Arbitration Agreement, shall be determined on an individual basis, without class relief, by binding arbitration instead of courts of general jurisdiction.

(a) Except with regard to the enforceability of the arbitration agreement contained herein, which shall be governed by the Federal Arbitration Act (as set forth below in subsection 22 (d) below), this Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of New York, as they are applied to agreements entered into and to be performed entirely within New York and without regard to conflict of law pragreement contained herein, which shall be governed by the Federal Arbitration Act (as set forth below in subsection 22 (d) below), this Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of New York, as they are applied to agreements entered into and to be performed entirely within New York and without regard to conflict of law prAgreement shall be governed by, construed, and enforced in accordance with the laws of the State of New York, as they are applied to agreements entered into and to be performed entirely within New York and without regard to conflict of law principles.

Except as otherwise required by law, the controlling language of this Agreement is English.

This Agreement and all claims arising from or related to your use of the Application will be governed by and construed in accordance with the laws of the State of California, except California's conflict of law rules.

In fact, there were explicit agreements forged within a coalition3 of social movements that «no slogans, flags, or party lines would be raised except those patriotic ones,» though «immediately abandoned by the Islamists after the ousting of Mubarak as they prepared for the battle of the ballot boxes» (Tadros, 2012).

Use of the MATERIALS by any individual, organization, entity or enterprise is strictly prohibited except for a CUSTOMER entity authorized pursuant to this Agreement.

(2) Except as stated in paragraph (i)(1) of this clause, and other than those parts furnished by the Government, and the Contractor shall be responsible for the correctness of the dimensions, sizes, and shapes of parts furnished under this agreement.

Radio: 450 - Watt AM / FM / HD Premium Audio System - inc: 10 speakers including subwoofer, SiriusXM satellite radio, 8 Display Audio w / high - resolution (720P) electrostatic touch - screen, knobs and hard keys for primary controls and customizable feature settings, Honda Satellite - Linked Navigation System w / voice recognition, Honda HD digital traffic and turn - by - turn directions, Bluetooth HandsFreeLink, Bluetooth streaming audio, Pandora compatibility, SMS text message function, radio data system (RDS), speed - sensitive volume compensation (SVC), USB smartphone / audio interface w / 2.5 - amp port in front and 2.5 - amp port in center console, HondaLink, HondaLink subscription services, Apple CarPlay integration, Android Auto integration, mobile hotspot capability, wireless phone charger, near field communication (NFC), illuminated steering wheel - mounted audio and navigation controls and fin - type roof - mounted antenna, Honda Satellite - Linked Navigation System is available on EX-L trims and standard on Touring trims in the United States, Canada and Puerto Rico, Honda HD digital traffic service only available in the United States, except Alaska, Please see your Honda dealer for details, SiriusXM services require a subscription after any trial period, If you decide to continue your SiriusXM service at the end of your trial subscription, the plan you choose will automatically renew and bill at then - current rates until you call SiriusXM at 1-866-635-2349 to cancel, See our Customer Agreement for complete terms at www.siriusxm.com, Fees and programming subject to change, XM satellite service is available only to those at least 18 years and older in the 48 contiguous United States and D.C

Any dispute or claim relating in any way to this Agreement or AAPA will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.

The standard terms of this Agreement still apply to any special promotion, except where specifically changed by the special promotion.

If your Account is designated as fixed rate, except for your non-compliance with this Agreement, i.e., incurring Penalty Rate pricing, and absent a change in terms by us, the APR will not change from the APR disclosed to you in your then - current Rates and Fees Table.

If you order us to stop a preauthorized transfer at least three business day before the transfer is scheduled, and we do not do so, we will be liable for your losses or damages caused by our failure except as otherwise limited in this Agreement.

Except as specifically provided in this Agreement, or otherwise required by law, you agree that our officers, directors, employees, agents or contractors are not liable for any indirect, incidental, special or consequential damages under or by reason of any Remote Deposit Services or products provided under this Agreement or by reason of your use of or access to Remote Deposit Services.

Except as limited by the applicable Account Agreement, each Advance can generally be made for any amount up to the following daily limits: Handyline — the available credit; Preferred or Home Equity Lines of Credit - $ 30,000; and Private Banking Preferred or Home Equity Line of Credit - $ 50,000.

This Agreement will be governed by the law of the State of Delaware except to the extent governed by federal law.

They can not be canceled except by the mutual agreement of both parties involved.

Vermont: In accordance with Vermont law, we will not share information we collect about Vermont residents with companies outside of our corporate family, except as permitted by law, such as with your consent, to service your accounts or to other financial institutions with which we have joint marketing agreements.

Except as specifically permitted in this Agreement, no provision of this Agreement will be deemed waived, altered, modified or amended unless agreed to in writing (which shall be deemed to include electronic communications) by Capital One Investing.

Initially, every province except Quebec backed the agreement in principle and agreed to ratify it by a July 15 deadline.

• For a period ending 90 days from the date of this annual meeting of stockholders, Lamassu will not (i) make any public statement regarding Ditech, the Board of Directors or any of Ditech's officers, directors or employees, except for the press release attached to the agreement or as may be required by law, or (ii) disparage Ditech, the Board of Directors, or any of Ditech's officers, directors or employees, in any manner, including in any manner which could be harmful to Ditech or its business, the Board of Directors or its reputation, or the business reputation or personal reputation of any officer, director or employee of Ditech.

MISCELLANEOUS: This Agreement (i) shall be governed by the laws of the state of Indiana, (ii) together with the Application, constitutes the entire agreement between You and Lender, (iii) except as provided in the previous sections («Amendments To This Agreement» and «Canceling This Agreement»), may not be amended, except in a writing executed by You and Lender, and (iv) shall be binding upon You and Lender and our respective heirs, personal representatives, successors andAgreement (i) shall be governed by the laws of the state of Indiana, (ii) together with the Application, constitutes the entire agreement between You and Lender, (iii) except as provided in the previous sections («Amendments To This Agreement» and «Canceling This Agreement»), may not be amended, except in a writing executed by You and Lender, and (iv) shall be binding upon You and Lender and our respective heirs, personal representatives, successors andagreement between You and Lender, (iii) except as provided in the previous sections («Amendments To This Agreement» and «Canceling This Agreement»), may not be amended, except in a writing executed by You and Lender, and (iv) shall be binding upon You and Lender and our respective heirs, personal representatives, successors andAgreement» and «Canceling This Agreement»), may not be amended, except in a writing executed by You and Lender, and (iv) shall be binding upon You and Lender and our respective heirs, personal representatives, successors andAgreement»), may not be amended, except in a writing executed by You and Lender, and (iv) shall be binding upon You and Lender and our respective heirs, personal representatives, successors and assigns.

Except as expressly provided herein, any claim, dispute or controversy (whether based upon contract; tort, intentional or otherwise; constitution; statute; common law; or equity and whether pre-existing, present or future), including initial claims, counter-claims, cross-claims and thirdparty claims, arising from or relating to (i) the Card; (ii) any service relating to the Card; (iii) the marketing of the Card; (iv) this Cardholder Agreement, including the validity, enforceability, interpretation, scope, or application of the Agreement and this arbitration provision (except for the prohibition on class or other non-individual claims, which shall be for a court to decide); and (v) any other agreement or instrument relating to the Card or any such service («Claim») shall be decided, upon the election of you or the Bank (or Green Dot Corporation or the Bank's agents, employees, successors, representatives, affiliated companies, or assigns), by binding arbitration pursuant to this arbitration provision and the applicable rules and procedures of the arbitration administrator in effect at the time the Claim is Except as expressly provided herein, any claim, dispute or controversy (whether based upon contract; tort, intentional or otherwise; constitution; statute; common law; or equity and whether pre-existing, present or future), including initial claims, counter-claims, cross-claims and thirdparty claims, arising from or relating to (i) the Card; (ii) any service relating to the Card; (iii) the marketing of the Card; (iv) this Cardholder Agreement, including the validity, enforceability, interpretation, scope, or application of the Agreement and this arbitration provision (except for the prohibition on class or other non-individual claims, which shall be for a court to decide); and (v) any other agreement or instrument relating to the Card or any such service («Claim») shall be decided, upon the election of you or the Bank (or Green Dot Corporation or the Bank's agents, employees, successors, representatives, affiliated companies, or assigns), by binding arbitration pursuant to this arbitration provision and the applicable rules and procedures of the arbitration administrator in effect at the time the Claim Agreement, including the validity, enforceability, interpretation, scope, or application of the Agreement and this arbitration provision (except for the prohibition on class or other non-individual claims, which shall be for a court to decide); and (v) any other agreement or instrument relating to the Card or any such service («Claim») shall be decided, upon the election of you or the Bank (or Green Dot Corporation or the Bank's agents, employees, successors, representatives, affiliated companies, or assigns), by binding arbitration pursuant to this arbitration provision and the applicable rules and procedures of the arbitration administrator in effect at the time the Claim Agreement and this arbitration provision (except for the prohibition on class or other non-individual claims, which shall be for a court to decide); and (v) any other agreement or instrument relating to the Card or any such service («Claim») shall be decided, upon the election of you or the Bank (or Green Dot Corporation or the Bank's agents, employees, successors, representatives, affiliated companies, or assigns), by binding arbitration pursuant to this arbitration provision and the applicable rules and procedures of the arbitration administrator in effect at the time the Claim is except for the prohibition on class or other non-individual claims, which shall be for a court to decide); and (v) any other agreement or instrument relating to the Card or any such service («Claim») shall be decided, upon the election of you or the Bank (or Green Dot Corporation or the Bank's agents, employees, successors, representatives, affiliated companies, or assigns), by binding arbitration pursuant to this arbitration provision and the applicable rules and procedures of the arbitration administrator in effect at the time the Claim agreement or instrument relating to the Card or any such service («Claim») shall be decided, upon the election of you or the Bank (or Green Dot Corporation or the Bank's agents, employees, successors, representatives, affiliated companies, or assigns), by binding arbitration pursuant to this arbitration provision and the applicable rules and procedures of the arbitration administrator in effect at the time the Claim is filed.

(B) Except in the normal performance of duty as a mobility or signal aid, this paragraph does not prevent the owner of a housing accommodation from establishing terms in a lease or rental agreement that reasonably regulate the presence of guide dogs, signal dogs, or service dogs on the premises of a housing accommodation, nor does this paragraph relieve a tenant from any liability otherwise imposed by law for real and personal property damages caused by such a dog when proof of the damage exists.

vi) no information or advice, whether expressed, implied, oral or written, obtained by you from KINDNESS ANIMAL HOSPITAL or through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement.

Adoption agreement condition no. 1: «Not to part with possession of the animal (s) except to return it / them to CHAT by prior arrangement, if for any reason I am unable to keep it / them.

Any copying, redistribution, use or publication by you of any such content or any part of this Website is prohibited, except as expressly permitted in this Agreement.