Sentences with phrase «exists as between the parties»

With respect to the first question, the Court will generally perform an analysis based on whether an analogous relationship or category exists as between the parties.

Not exact matches

If regulators recognize (and put out clear guidance) on the distinction between tokens that have passive income streams associated which rely solely on the work of highly centralized parties as security tokens and tokens that give holders the right to use an existing digital service or contribute work to an existing decentralized organization as non-security tokens, the democratization of ownership of non-security assets will continue.

n 1797, the United States Senate ratified a treaty with Tripoli that stated in Article 11: As the Government of the United States of America is not, in any sense, founded on the Christian religion; as it has in itself no character of enmity against the laws, religion, or tranquility, of Mussulmen; and, as the said States never entered into any war, or act of hostility against any Mahometan nation, it is declared by the parties, that no pretext arising from religious opinions, shall ever produce an interruption of the harmony existing between the two countrieAs the Government of the United States of America is not, in any sense, founded on the Christian religion; as it has in itself no character of enmity against the laws, religion, or tranquility, of Mussulmen; and, as the said States never entered into any war, or act of hostility against any Mahometan nation, it is declared by the parties, that no pretext arising from religious opinions, shall ever produce an interruption of the harmony existing between the two countrieas it has in itself no character of enmity against the laws, religion, or tranquility, of Mussulmen; and, as the said States never entered into any war, or act of hostility against any Mahometan nation, it is declared by the parties, that no pretext arising from religious opinions, shall ever produce an interruption of the harmony existing between the two countrieas the said States never entered into any war, or act of hostility against any Mahometan nation, it is declared by the parties, that no pretext arising from religious opinions, shall ever produce an interruption of the harmony existing between the two countries.

As the Government of the United States of America is not, in any sense, founded on the Christian religion, — as it has in itself no character of enmity against the laws, religion, or tranquility, of Mussulmen, — and as the said States never entered into any war or act of hostility against any Mahometan nation, it is declared by the parties that no pretext arising from religious opinions shall ever produce an interruption of the harmony existing between the two countrieAs the Government of the United States of America is not, in any sense, founded on the Christian religion, — as it has in itself no character of enmity against the laws, religion, or tranquility, of Mussulmen, — and as the said States never entered into any war or act of hostility against any Mahometan nation, it is declared by the parties that no pretext arising from religious opinions shall ever produce an interruption of the harmony existing between the two countrieas it has in itself no character of enmity against the laws, religion, or tranquility, of Mussulmen, — and as the said States never entered into any war or act of hostility against any Mahometan nation, it is declared by the parties that no pretext arising from religious opinions shall ever produce an interruption of the harmony existing between the two countrieas the said States never entered into any war or act of hostility against any Mahometan nation, it is declared by the parties that no pretext arising from religious opinions shall ever produce an interruption of the harmony existing between the two countries.

As events at this summer's Republican National Convention in San Diego show, the putative alliance between the religious right and the Republican Party offers little solution; and the truth is that grave dangers exist regardless when the independence of a religious mission is married to a particular political party's agParty offers little solution; and the truth is that grave dangers exist regardless when the independence of a religious mission is married to a particular political party's agparty's agenda.

«As the Government of the United States of America is not, in any sense, founded on the Christian religion; as it has in itself no character of enmity against the laws, religion, or tranquillity, of Mussulmen; and, as the said States never entered into any war, or act of hostility against any Mahometan nation, it is declared by the parties, that no pretext arising from religious opinions, shall ever produce an interruption of the harmony existing between the two countries.&raquAs the Government of the United States of America is not, in any sense, founded on the Christian religion; as it has in itself no character of enmity against the laws, religion, or tranquillity, of Mussulmen; and, as the said States never entered into any war, or act of hostility against any Mahometan nation, it is declared by the parties, that no pretext arising from religious opinions, shall ever produce an interruption of the harmony existing between the two countries.&raquas it has in itself no character of enmity against the laws, religion, or tranquillity, of Mussulmen; and, as the said States never entered into any war, or act of hostility against any Mahometan nation, it is declared by the parties, that no pretext arising from religious opinions, shall ever produce an interruption of the harmony existing between the two countries.&raquas the said States never entered into any war, or act of hostility against any Mahometan nation, it is declared by the parties, that no pretext arising from religious opinions, shall ever produce an interruption of the harmony existing between the two countries.»

«As the Government of the United States of America is not, in any sense, founded on the Christian religion, — as it has in itself no character of enmity against the laws, religion, or tranquility, of Mussulmen [Muslims], — and as the said States never entered into any war or act of hostility against any Mahometan [Muslim] nation, it is declared by the parties that no pretext arising from religious opinions shall ever produce an interruption of the harmony existing between the two countries.&raquAs the Government of the United States of America is not, in any sense, founded on the Christian religion, — as it has in itself no character of enmity against the laws, religion, or tranquility, of Mussulmen [Muslims], — and as the said States never entered into any war or act of hostility against any Mahometan [Muslim] nation, it is declared by the parties that no pretext arising from religious opinions shall ever produce an interruption of the harmony existing between the two countries.&raquas it has in itself no character of enmity against the laws, religion, or tranquility, of Mussulmen [Muslims], — and as the said States never entered into any war or act of hostility against any Mahometan [Muslim] nation, it is declared by the parties that no pretext arising from religious opinions shall ever produce an interruption of the harmony existing between the two countries.&raquas the said States never entered into any war or act of hostility against any Mahometan [Muslim] nation, it is declared by the parties that no pretext arising from religious opinions shall ever produce an interruption of the harmony existing between the two countries.»

«As the Government of the United States of America is not, in any sense, founded on the Christian religion; as it has in itself no character of enmity against the laws, religion, or tranquility, of Mussulmen; and, as the said States never entered into any war, or act of hostility against any Mahometan nation, it is declared by the parties, that no pretext arising from religious opinions, shall ever produce an interruption of the harmony existing between the two countries.&raquAs the Government of the United States of America is not, in any sense, founded on the Christian religion; as it has in itself no character of enmity against the laws, religion, or tranquility, of Mussulmen; and, as the said States never entered into any war, or act of hostility against any Mahometan nation, it is declared by the parties, that no pretext arising from religious opinions, shall ever produce an interruption of the harmony existing between the two countries.&raquas it has in itself no character of enmity against the laws, religion, or tranquility, of Mussulmen; and, as the said States never entered into any war, or act of hostility against any Mahometan nation, it is declared by the parties, that no pretext arising from religious opinions, shall ever produce an interruption of the harmony existing between the two countries.&raquas the said States never entered into any war, or act of hostility against any Mahometan nation, it is declared by the parties, that no pretext arising from religious opinions, shall ever produce an interruption of the harmony existing between the two countries.»

Ideologically, there had already existed an affinity between conservatism and anti-abortionism, but as Ziegler shows, these social currents strengthened and deepened the bond between the Republican party and the pro-life movement.

More additions are expected and so perhaps that will ease any tension that still exists between the two parties, but until Conte puts pen to paper, it seems as though this story will continue to run.

«We continue to stand firmly in that posture as we seek a coalition under similar terms as have existed between the IDC and Senate Republicans, and are willing to enter a coalition consistent with the recent correspondence from state Democratic party officials.

In 2013, NPR's Allan Greenblatt listed a few: It's effectively a one - party state, with the Democrats so dominant that there is no political competition and machine politics set the agenda; the elections are expensive, making candidates reliant on donors; many key decisions, such as the shape of the state budget, are made in backroom deals between a few power players; the local media is so focused on national events that it ignores what's happening in the state (especially upstate); and there's no anti-corruption movement to challenge the existing culture.

Someone in an existing county party office (typically a county chairperson) would typically be the chief liaison between the two on the local party side, with a campaign manager or candidate as the chief liaison on the candidate side.

In the immediate post-war period, even before the creation of the West - German state, allied military governors used the license system to prevent divisions between parties and especially encourage the creation of a large Christian - Democrat political party (as opposed to the separate catholic and protestant parties that existed during the Weimar period).

He also labelled the current government as a «super-incompetent» regime under which Ghanaians, according to him, are experiencing a level of hard times worse than the living conditions the New Patriotic Party (NPP) had claimed existed when he was in charge as President between 2012 and 2016.

«We continue to stand firmly in that posture as we seek a coalition under similar terms as have existed between the IDC and Senate Republicans, and are willing to enter a coalition consistent with the recent correspondence from state Democratic party officials,» she said.

«We continue to stand firmly in that posture as we seek a coalition under similar terms as have existed between the IDC and Senate Republicans, and are willing to enter a coalition consistent with the recent correspondence from state Democratic party officials,» she stated.

The possibility of combination of party lists for elections existed in the Dutch electoral system between 1973 and June 2017 as a weak form of electoral alliance between two parties.

Another heated rivalry exists between Luigi and Waluigi, with the two sharing bad chemistry in all the games they appear in together, and acting hostile and rude towards each other, such as Luigi making a gesture at Waluigi to anger him in Mario Tennis, the two scowling at each other in the Mario Party 3 group picture, and Waluigi's vandalism of Luigi's picture in the opening movie of Mario Power Tennis.

Special education teachers who served as education evaluators during the 2002 - 2003 school year (or were on leave or sabbatical during that year) will have a preference for this assignment in each year that it exists, in whatever form that it exists, as more fully set forth in the Memorandum of Agreement between the parties dated October 28, 2003, which is incorporated herein by reference.

Following months of negotiations between the TIFIA JPO and the Borrower, the parties executed two new TIFIA loans on November 6, 2013 which refinanced all of the exiting LA - 1 debt as follows: (i) issue a $ 78 million TIFIA loan at the rural rate of one - half the 30 - year US Treasury rate to refinance the existing 2005 TIFIA Loan; (ii) issue an additional $ 44 million TIFIA loan at the full 30 - year US Treasury rate to refinance a portion of the senior debt.

Another heated rivalry exists between Luigi and Waluigi, with the two sharing bad chemistry in all the games they appear in together, and acting hostile and rude towards each other, such as Luigi making a gesture at Waluigi to anger him in Mario Tennis, the two scowling at each other in the Mario Party 3 group picture, and Waluigi's vandalism of Luigi's picture in the opening movie of Mario Power Tennis.

There have been a lot of crazy things written about the shutdown, but what makes this exceptional is that it serves as a good example of how wide a gap exists between the two parties when it comes to certain environmental regulations.

Saarc as a group had existed and represented these countries during the three Conference of the Parties (COP) between 2010 - 12, but it went into cold storage specifically when India had become more active within another group — BASIC — along with Brazil, South Africa and China virtually at the cost of south Asian group.

As part of Work Stream Two, Parties are looking for creative ways to make significant progress in reducing the 8 - 13 gigaton gap that exists between the greenhouse gas emissions that Parties have pledged to reduce and what is necessary to keep temperatures below a 2.0 °C increase in world temperatures.

Other factual aspects that often help this exercise work more effectively include aspects such as an existing relationship between the parties and / or a desire to develop or continue a relationship; a situation in which an apology could realistically help a party come to terms with a harm; a situation in which one or both parties wish to limit publicity; and a situation where one or both parties are concerned about litigation costs.113

(1) the temperament and developmental needs of the child; (2) the capacity and the disposition of the parents to understand and meet the needs of the child; (3) the preferences of each child; (4) the wishes of the parents as to custody; (5) the past and current interaction and relationship of the child with each parent, the child's siblings, and any other person, including a grandparent, who may significantly affect the best interest of the child; (6) the actions of each parent to encourage the continuing parent child relationship between the child and the other parent, as is appropriate, including compliance with court orders; (7) the manipulation by or coercive behavior of the parents in an effort to involve the child in the parents» dispute; (8) any effort by one parent to disparage the other parent in front of the child; (9) the ability of each parent to be actively involved in the life of the child; (10) the child's adjustment to his or her home, school, and community environments; (11) the stability of the child's existing and proposed residences; (12) the mental and physical health of all individuals involved, except that a disability of a proposed custodial parent or other party, in and of itself, must not be determinative of custody unless the proposed custodial arrangement is not in the best interest of the child; (13) the child's cultural and spiritual background; (14) whether the child or a sibling of the child has been abused or neglected; (15) whether one parent has perpetrated domestic violence or child abuse or the effect on the child of the actions of an abuser if any domestic violence has occurred between the parents or between a parent and another individual or between the parent and the child; (16) whether one parent has relocated more than one hundred miles from the child's primary residence in the past year, unless the parent relocated for safety reasons; and (17) other factors as the court considers necessary.

In assessing whether there was a duty of care owed to Livent in relation to the Comfort Letter, the Supreme Court observed that «[t] he mere fact that proximity has been recognized as existing between an auditor and its client for one purpose is insufficient to conclude that proximity exists between the same parties for all purposes.»

The president went so far as to say that: «We would encourage tribunals to henceforth only make «split awards» between such respondents (as regards the same injury or loss) if such an order is positively sought by one of the parties and if it is clearly demonstrated what proper legal basis (ie something other than CLIA 1978) exists...»

Decision - Maker The Court may appoint a Decision - maker with binding authority to resolve disputes between the parties as to implementation or clarification of existing orders concerning the parties» minor or dependent children.

To recap the test for litigation privilege as set out in Three Rivers District Council and others - v - Governor and Company of the Bank of England (No 5)[2003] EWCA Civ 474 by the Court of Appeal, is that communications between parties or their solicitors and third parties for the purpose of obtaining information or advice in connection with existing or contemplated litigation qualify for litigation privilege if, at the time of the communication in question, the following conditions are satisfied:

As confidence in the independence and impartiality of experts plays an important role when evaluating the competing and finely balanced judgements of rival experts, it is scrupulous that any potential or existing conflicts between an expert and the party instructing it are disclosed as early as possiblAs confidence in the independence and impartiality of experts plays an important role when evaluating the competing and finely balanced judgements of rival experts, it is scrupulous that any potential or existing conflicts between an expert and the party instructing it are disclosed as early as possiblas early as possiblas possible.

He also found considerable privacy and safety differences existed between being a party and providing testimony as a witness in an action.

There is a need to build and strengthen relationships between parties separate from the particular transaction that first brings them together and to ensure that relationships exist at an organisational, as well as an interpersonal level.

(1) the temperament and developmental needs of the child; (2) the capacity and the disposition of the parents to understand and meet the needs of the child; (3) the preferences of each child; (4) the wishes of the parents as to custody; (5) the past and current interaction and relationship of the child with each parent, the child's siblings, and any other person, including a grandparent, who may significantly affect the best interest of the child; (6) the actions of each parent to encourage the continuing parent child relationship between the child and the other parent, as is appropriate, including compliance with court orders; (7) the manipulation by or coercive behavior of the parents in an effort to involve the child in the parents» dispute; (8) any effort by one parent to disparage the other parent in front of the child; (9) the ability of each parent to be actively involved in the life of the child; (10) the child's adjustment to his or her home, school, and community environments; (11) the stability of the child's existing and proposed residences; (12) the mental and physical health of all individuals involved, except that a disability of a proposed custodial parent or other party, in and of itself, must not be determinative of custody unless the proposed custodial arrangement is not in the best interest of the child; (13) the child's cultural and spiritual background; (14) whether the child or a sibling of the child has been abused or neglected; (15) whether one parent has perpetrated domestic violence or child abuse or the effect on the child of the actions of an abuser if any domestic violence has occurred between the parents or between a parent and another individual or between the parent and the child; (16) whether one parent has relocated more than one hundred miles from the child's primary residence in the past year, unless the parent relocated for safety reasons; and (17) other factors as the court considers necessary

A domestic relations decision maker is given binding authority to resolve disputes between the parties as to the implementation or clarification of existing orders regarding the parties» children, including but not limited to: disputes concerning parenting time; specific decisions regarding a child like medical care or schooling; and child support.

Joseph P. Day Realty Corp. v. Chera (308 A.D. 2d 148)- broker's complaint for commissions reinstated where questions of fact exist as to whether broker was the procuring cause of a commercial tenant and if there was an implied contract which arose from landlord's acceptance of the benefits of broker's services; broker must plead and prove a contract of employment, express or implied, and in the absence of an express contract, an implied contract may be established in some cases by the mere acceptance of the labors of the broker; broker failed to establish that it was a third party beneficiary of lease agreement between landlord and tenant where provisions in lease merely provided for indemnification between the parties and did not expressly set forth that one party would be obligated to pay the broker's commission; indemnification provisions in the lease agreement do provide evidence of implied contract of employment with landlord where landlord agreed to indemnify tenant against brokerage commission claims from all brokers including plaintiff and where, to the contrary, tenant's reciprocal indemnification excluded plaintiff; triable issues of fact exist as to whether broker was the procuring cause where broker introduced the parties, showed the space to tenant's representatives, was involved in weekly negotiations with the parties over the lease terms, conveyed offers on behalf of tenant to landlord and participated in the meeting with the landlord and tenant at which the lease terms were finalized

Suburban REALTORS Alliance Position The Alliance is opposed to increases in the current transfer tax for the following reasons: 1) As the transfer tax is levied only on buyers and sellers of property, the burden per taxpayer is greater than the burden from a more broad - based tax designed to generate the same amount of revenue; 2) Since public transportation is a benefit that is open to all members of society, the charge should not be placed solely on buyers and sellers of property; 3) The transfer tax adds additional burdens on first - time home buyers saving for a down - payment and covering the closing costs and runs contrary to existing federal, state, and local programs including the mortgage interest deduction, low interest property maintenance loans, and grants to first time homebuyers; 4) A real estate transfer tax is a state and local tax assessed on real property when ownership of the property is exchanged between parties.