Sentences with phrase «failure of the other party»

Our use of derivatives may increase the risks of investing in the fund by increasing investment exposure (which may be considered leverage) or, in the case of many over-the-counter instruments, because of the potential inability to terminate or sell derivatives positions and failure of the other party to the instrument to meet its obligations.

Derivatives also involve the risk, in the case of many over-the-counter instruments, of the potential inability to terminate or sell derivatives positions and the potential failure of the other party to the instrument to meet its obligations.

Over-the-counter derivatives are also subject to the risk of the potential inability to terminate or sell derivatives positions and the potential failure of the other party to the instrument to meet its obligations.

Risks associated with derivatives (including «short» derivatives) include losses caused by unexpected market movements (which are potentially unlimited), imperfect correlation between the price of the derivative and the price of the underlying asset, increased investment exposure (which may be considered leverage), the potential inability to terminate or sell derivatives positions, the potential need to sell securities at disadvantageous times to meet margin or segregation requirements, the potential inability to recover margin or other amounts deposited from a counterparty, and the potential failure of the other party to the instrument to meet its obligations.

Consider these risks before investing: The use of derivatives involves additional risks, such as the potential inability to terminate or sell derivatives positions and the potential failure of the other party to the instrument to meet its obligations.

The use of derivatives may increase these risks by increasing investment exposure (which may be considered leverage) or, in the case of over-the-counter instruments, because of the potential inability to terminate or sell derivatives positions and the potential failure of the other party to the instrument to meet its obligations.

The use of derivatives involves additional risks, such as the potential inability to terminate or sell derivatives positions and the potential failure of the other party to the instrument to meet its obligations.

Withdrawals prior to age 59 1/2 may be subject to a 10 % IRS penalty.The use of derivatives involves additional risks, such as the potential inability to terminate or sell derivatives positions and the potential failure of the other party to the instrument to meet its obligations.Although value investing targets stocks believed to be priced too low, there is no guarantee they will appreciate.

Our use of derivatives may increase the risks of investing in the fund by increasing investment exposure (which may be considered leverage) or, in the case of many over-the-counter instruments, because of the potential inability to terminate or sell derivatives positions and failure of the other party to the instrument to meet its obligations.

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.

Other risks and uncertainties include the timing and likelihood of completion of the proposed transactions between ILG and MVW, including the timing, receipt and terms and conditions of any required governmental and regulatory approvals for the proposed transactions that could reduce anticipated benefits or cause the parties to abandon the transactions; the possibility that ILG's stockholders may not approve the proposed transactions; the possibility that MVW's stockholders may not approve the proposed transactions; the possibility that the expected synergies and value creation from the proposed transactions will not be realized or will not be realized within the expected time period; the risk that the businesses of ILG and MVW will not be integrated successfully; disruption from the proposed transactions making it more difficult to maintain business and operational relationships; the risk that unexpected costs will be incurred; the ability to retain key personnel; the availability of financing; the possibility that the proposed transactions do not close, including due to the failure to satisfy the closing conditions; as well as more specific risks and uncertainties.

We shall not be liable or responsible for any damages, or claims, or losses, or injuries, or delays, or accidents, or costs, or business interruption costs, or any other expenses (including, without limitation, attorneys» fees or the costs of any claim or suit), or for any incidental, or direct, or indirect, or general, or special, or punitive, or exemplary, or consequential damages, or loss of goodwill or business profits, or loss of digital currency or digital assets, or work stoppage, or data loss, or computer failure or malfunction, or any other commercial or other losses directly or indirectly arising out of or related to our Terms; the Privacy and Transparency Statement; any service of tgtcoins.com; the use of tgtcoins.com; the use of tgt tokens; any use of your digital assets or digital currency on tgtcoins.com by any other party not authorized by you (all of the foregoing items shall be referred to herein as «Losses»).

Without limiting the foregoing, under no circumstances shall the Company be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of 3rd - parties, or loss of or fluctuations in heat, light, or air conditioning.

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I'll leave it to others to debate his definitions of liberalism and other political philosophies, and there's a whole other debate to be had about whether his leadership of the Liberal Democrat party was doomed by his Christian faith, as he claims, or his failure to return a higher number of MPs at this year's General Election.

Neither Fertility Center of Las Vegas, nor any of its affiliates, directors, officers or employees, nor any third party vendor will be liable or have any responsibility of any kind for any loss or damage that you incur in the event of any failure or interruption of this site, or resulting from the act or omission of any other party involved in making this site or the data contained therein available to you, or from any other cause relating to your access to or your inability to access the site or these materials, whether or not the circumstances giving rise to such cause may have been within the control of Fertility Center of Las Vegas or of any vendor providing software or services support.

Conservatives are alone in their failure to mention the 16 - year - old vote, which both of the other two parties advocate: but 16 - year - olds are unlikely to vote Conservative.

While the other four candidates that are on his heels in the polls have not been able to separate themselves from each other, or from their own parties past failures, all of them are betting on being able to secure the second spot in therun - off election to be held in April.

A series of articles in the radical Jacobin magazine also point to the failure of other progressive champions such as George McGovern and Howard Dean to make much headway inside a party dominated by the Washington establishment.

Such is the weight of expectation on Nicola Sturgeon's shoulders that failure by the SNP to win each and every one of the Scottish Parliament's 73 constituencies (leaving other parties to pick up seats decided under a proportional representation system) would be seen as some kind of failure.

«It was under this cloud that members of the APC made the appeal to me to join their party, with the promise that the injustices and failure to abide by its own constitution which had dogged the then PDP, would not be replicated in the APC and with the assurance that the vision other founding fathers and I had for the PDP could be actualized through the All Progressives Congress.

Marxism's lack of understanding of human nature, it's morally flawed call for violence, it's debasement of the individual to be subservient to the Party and to the State, the lack of curtailment on the state's power, and a host of other issues caused it to be a political failure as precedent to it's economic failures, which are legion.

It is partly reflected under party unity but is as big a factor in success or failure as any other of the main factors.

it is inexcusable (and irresponsible with the lives of millions of NYers) that Sampson, the conference leader, should have anything on his schedule other than resolving his party's failure to pass an on - time budget (obviously, pressing personal / family matters are ok).

Others who have been approached by the group remain deeply sceptical about its chances of success, pointing out that past attempts to defeat the mainstream parties have ended in failure.

«FURIOUS» The unnamed party source told the Mirror other party workers were «furious» at Mr Corbyn's performance in the Commons, including his failure to capitalise on the resignation of Iain Duncan Smith in March.

He specifically said that the political crises in Kaduna state and other state chapters in APC were as a result of the failure of the national leadership of the party to address some complaints promptly.

UKIP's failure to break through in Westminster, and the potential departure of Nigel Farage as leader (still unresolved as I write), will set the party back a bit, just as some other populists in Europe have also faltered.

13.6 Either party's waiver, or failure to require performance by the other, of any provision of this License, will not affect its full right to require such performance at any subsequent time, or be taken or held to be a waiver of the provision itself.

By submitting User Materials to or using the Site, you represent that you have the full legal right to provide the User Materials, that such User Materials will not: (a) divulge any protected health information or infringe any intellectual property rights of any person or entity or any rights of publicity, personality, or privacy of any person or entity, including without limitation as a result of your failure to obtain consent to post personally identifying or otherwise private information about a person or which impersonates another person; (b) violate any law, statute, ordinance, or regulation; (c) be defamatory, libelous or trade libelous, unlawfully threatening, or unlawfully harassing or embarrassing; (d) be obscene, child pornographic, or indecent; (e) violate any community or Internet standard; (f) contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data or personal information, or that facilitate or enable such or that are intended to do any of the foregoing; (g) result in product liability, tort, breach of contract, personal injury, death, or property damage; (h) constitute misappropriation of any trade secret or know - how; or (i) constitute disclosure of any confidential information owned by any third party.

The Weston A. Price Foundation parties will not be liable under any circumstances for any damages, including without limitation general, special, direct, indirect, incidental, consequential, punitive or any other damages of any kind, whether in an action in contract or negligence, arising or relating in any way to any party's use of or inability to use the content of this website or any third - party site to which this site is linked, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if the Weston A. Price Foundation parties are advised of the possibility of such damages, losses or expenses.

27.6.1 For the purposes of this clause 27.6, «Force Majeure Event» means any act or event beyond the reasonable control of the Company, including without limitation strikes, lock - outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.

(a) For the purposes of this clause 13.1, «Force Majeure Event» means any act or event beyond the reasonable control of ELITESINGLES, including without limitation strikes, lock - outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.

An Event Outside Our Control means any act or event beyond our reasonable control, [including without limitation strikes, lock - outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks].

Despite Romney's loss and other GOP failures, Priebus, who helped the party raise huge sums of money in 2012, may seek a second term.

Performance Contracting A quality authorizer executes contracts with charter schools that articulate the rights and responsibilities of each party regarding school autonomy, funding, administration and oversight, outcomes, measures for evaluating success or failure, performance consequences, and other material terms.

Neither Hilton Honors, nor third party companies participating as marketing partners in the Program («Marketing Partners») will be liable for any failure to do so and will not be responsible for incorrect or inaccurate transcription of Member contact information, for problems related to any of the equipment or programming associated with or utilized by the Member, for any human error, for any interruption, deletion, omission, defect, or line failure of any telephone network or electronic transmission, for problems relating to computer equipment, software, inability to access any Web site or on - line service, for any other technical or non-technical error or malfunction, for lost, late, stolen, illegible, incomplete, garbled, misdirected, mutilated or postage due mail or other mail or e-mail for whatever reason.

In the event of any failure or interruption of such services or any part thereof, resulting from the act or omission of any third party, or from any other cause not reasonably within the control of the Credit Union.

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IN NO EVENT AND UNDER NO CIRCUMSTANCES SHALL ANIMAL LEAGUE OR THE CONTRIBUTORS OF INFORMATION TO THE SITES OR OUR SPONSORS, LICENSORS OR AUTHORIZED REPRESENTATIVES BE LIABLE TO YOU OR ANY THIRD PARTY FOR SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF PROFITS, LOST SAVINGS, OR LOSS OF DATA) ARISING OUT OF YOUR (OR ANY AUTHORIZED USER»S) OR ANY UNRELATED PARTY»S USE OR INABILITY TO USE THE SITES, OR YOUR (OR ANY AUTHORIZED USER»S) OR ANY UNRELATED PARTY»S RELIANCE OR USE OF INFORMATION, PRODUCTS OR SERVICES PROVIDED ON OR THROUGH THE INTERNET, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OF FILES OR OTHER DATA LOSS, ERRORS, DEFECTS, DELAYS IN OPERATION, SERVICE OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE OF THE SITES, EVEN IF WE, OR ANY OF OUR AUTHORIZED REPRESENTATIVES, HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND EVEN IF THE REMEDIES STATED IN THESE TERMS FAIL THEIR ESSENTIAL PURPOSE.

Under no circumstances will the sites or the Chopra parties be liable to you for any loss or damages of any kind that are directly or indirectly related to the sites, the materials in the sites, the downloadable items, user content, your use or inability to use, or the performance of the sites, any action taken in connection with an investigation by the sites or law enforcement authorities regarding your use of the sites, and action taken in connection with copyright or other intellectual property owners, any errors or omission in the sites, technical operation, or any damage to any users computer, hardware, software, wireless devices, cellular phone, modem or other equipment or technology, including without limitation damage from any security breach or from any virus, bugs, tampering, fraud, scam, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction, even if foreseeable or even if the sites or Chopra parties have been advised of or should have known of the possibility of such damages, whether in an action of contract, negligence, strict liability or tort.

If the contract we have with you is not performed or is improperly performed as a result of failures attributable to you or a third party unconnected with the provision of the arrangements, or as a result of failures due to unusual and extraordinary circumstances, and you suffer an injury or other material loss, we will offer you such prompt assistance as is appropriate in the circumstances.

I think a major disconnect in this area of thought, however, is the failure of most parties, regardless of where they come out on the discount rate question, to appreciate the transformative power of technological evolution which, among other things, makes anything having to do with future generations unknowable.

The question I'm addrssing is, what sort of experimental design do we need to determine whether the failure of parties to «agree» on some disputed point reflects motivated reasoning & not different priors or any other process consistent with ordinary Bayesian information processing?

This shows that there is only one way that the politicians in the UK can respond to the perception of a crisis; they have to make it worse, and worse, and worse, and promise that they are the only party that can hope to solve this terrible mess, and that the other parties are so incompetent, that only a terrible catastrophe can follow their inevitable failure.

For example, in Colorado civil cases, some of the more common grounds for an award of attorneys» fees to a defending party are: (a) a two - sided contractual fee shifting term, (b) dismissal of the case before filing an answer for failure to state a claim when tort claims were asserted, (c) a determination that the suit was groundless, frivolous or vexatious, (d) violation of certain rules relating to disclosure of information to the other party, (e) a statutory fee shifting provision in the case of a claim based upon a statutorily created right which is present in some statutes but not others.

One commentator has suggested that a failure to comply with the parties» agreement should not constitute a ground for refusal under article V (1)(d), where such failure is justified by the obligation to comply with the mandatory rules of the place of the arbitration.871 Other authors have argued that it should be assumed that the parties» intention was to be bound by an agreement that is valid at the place of arbitration, and that the reference to «agreement of the parties» must therefore be understood within the limits of the mandatory rules of the forum.872

«(1) On an application for relief from any sanction imposed for a failure to comply with any rule... the court will consider all the circumstances including --(a) the interests of the administration of justice; (b) whether the application for relief has been made promptly; (c) whether the failure to comply was intentional; (d) whether there is a good explanation for the failure; (e) the extent to which the party in default has complied with other rules,...; (f) whether the failure to comply was caused by the party or the party's legal representative; (g) whether the hearing date... can still be met if relief is granted; (h) the effect which the failure to comply had on each party; and (i) the effect which the granting of relief would have on each party or a child whose interest the court considers relevant.

Anecdotal evidence and a survey undertaken by the Forum of Insurance Lawyers (FOIL) show that insurers and insurance lawyers are fully aware of the risks of costs sanctions for failure to mediate or other ADR, but consider that it has drawbacks compared to a joint settlement meeting, such as expense, and may even hamper settlement as parties are reluctant to make offers before a mediation.

Many oil and gas refinery accidents are caused by faulty equipment, failure to adhere to the required state and / or federal safety procedures, the negligence of subcontractors, and other third party negligence.