Sentences with phrase «fees provisions which»

Not exact matches

Such risks, uncertainties and other factors include, without limitation: (1) the effect of economic conditions in the industries and markets in which United Technologies and Rockwell Collins operate in the U.S. and globally and any changes therein, including financial market conditions, fluctuations in commodity prices, interest rates and foreign currency exchange rates, levels of end market demand in construction and in both the commercial and defense segments of the aerospace industry, levels of air travel, financial condition of commercial airlines, the impact of weather conditions and natural disasters and the financial condition of our customers and suppliers; (2) challenges in the development, production, delivery, support, performance and realization of the anticipated benefits of advanced technologies and new products and services; (3) the scope, nature, impact or timing of acquisition and divestiture or restructuring activity, including the pending acquisition of Rockwell Collins, including among other things integration of acquired businesses into United Technologies» existing businesses and realization of synergies and opportunities for growth and innovation; (4) future timing and levels of indebtedness, including indebtedness expected to be incurred by United Technologies in connection with the pending Rockwell Collins acquisition, and capital spending and research and development spending, including in connection with the pending Rockwell Collins acquisition; (5) future availability of credit and factors that may affect such availability, including credit market conditions and our capital structure; (6) the timing and scope of future repurchases of United Technologies» common stock, which may be suspended at any time due to various factors, including market conditions and the level of other investing activities and uses of cash, including in connection with the proposed acquisition of Rockwell; (7) delays and disruption in delivery of materials and services from suppliers; (8) company and customer - directed cost reduction efforts and restructuring costs and savings and other consequences thereof; (9) new business and investment opportunities; (10) our ability to realize the intended benefits of organizational changes; (11) the anticipated benefits of diversification and balance of operations across product lines, regions and industries; (12) the outcome of legal proceedings, investigations and other contingencies; (13) pension plan assumptions and future contributions; (14) the impact of the negotiation of collective bargaining agreements and labor disputes; (15) the effect of changes in political conditions in the U.S. and other countries in which United Technologies and Rockwell Collins operate, including the effect of changes in U.S. trade policies or the U.K.'s pending withdrawal from the EU, on general market conditions, global trade policies and currency exchange rates in the near term and beyond; (16) the effect of changes in tax (including U.S. tax reform enacted on December 22, 2017, which is commonly referred to as the Tax Cuts and Jobs Act of 2017), environmental, regulatory (including among other things import / export) and other laws and regulations in the U.S. and other countries in which United Technologies and Rockwell Collins operate; (17) the ability of United Technologies and Rockwell Collins to receive the required regulatory approvals (and the risk that such approvals may result in the imposition of conditions that could adversely affect the combined company or the expected benefits of the merger) and to satisfy the other conditions to the closing of the pending acquisition on a timely basis or at all; (18) the occurrence of events that may give rise to a right of one or both of United Technologies or Rockwell Collins to terminate the merger agreement, including in circumstances that might require Rockwell Collins to pay a termination fee of $ 695 million to United Technologies or $ 50 million of expense reimbursement; (19) negative effects of the announcement or the completion of the merger on the market price of United Technologies» and / or Rockwell Collins» common stock and / or on their respective financial performance; (20) risks related to Rockwell Collins and United Technologies being restricted in their operation of their businesses while the merger agreement is in effect; (21) risks relating to the value of the United Technologies» shares to be issued in connection with the pending Rockwell acquisition, significant merger costs and / or unknown liabilities; (22) risks associated with third party contracts containing consent and / or other provisions that may be triggered by the Rockwell merger agreement; (23) risks associated with merger - related litigation or appraisal proceedings; and (24) the ability of United Technologies and Rockwell Collins, or the combined company, to retain and hire key personnel.

The Enrollment Program also authorizes a superior court to have jurisdiction over enrollees by allowing it to «appoint a receiver, monitor, conservator, or other designated fiduciary or officer of the court for a defendant or the defendant's assets,» as well as authorizes the Commissioner of Business Oversight to «include in civil actions claims for ancillary relief, including restitution and disgorgement, on behalf of a person injured, as well as attorney's fees and costs, and civil penalties of up to $ 25,000» for up to four years after the purported violation occurred and «refer evidence regarding violations of the bill's provisions to the Attorney General, the Financial Crimes Enforcement Network of the United States Department of the Treasury, or the district attorney of the county in which the violation occurred, who would be authorized, with or without this type of a reference, to institute appropriate proceedings.»

While this provision was due to be effective upon enactment (16 September 2011), the U.S. Patent & Trademark Office has up to 18 months to develop the regulations to identify exactly which fees will be eligible for the reduction.

You authorize us to charge you (by means of on the credit card account by which you paid for your initial Membership subscription fee) for your initial Membership Subscription Period and thereafter, periodically and on a recurring basis, to charge the same account, by means of automatic credit card rebilling, at the Normal Rate for your category of Premium Membership then - published on our Upgrade Page with respect to recurring billing after the end of any Initial Membership Subscription Period, even if the Normal Rate has been increased from the current Normal Rate in conformity with the terms of this Agreement, and to do so again on a periodic and recurring basis when each subsequent Membership subscription period ends, until or unless this Agreement has earlier been terminated pursuant to it provisions.

What's best, you can register as many users as you want at a flat fee, which means you can grow your Talent Development and Training efforts on demand, without needing to worry about server provisioning, or to worry about hidden costs and maintenance.

This claim of low - quality private provision for the poor has also been taken up by British prime minister Tony Blair's Commission for Africa, which recently reported that although «Non-state sectors... have historically provided much education in Africa,» many of these private schools «aiming at those [families] who can not afford the fees common in state schools... are without adequate state regulation and are of a low quality.»

The House budget provision — which also, like the Senate, sets aside $ 300,000 in legal fees for Johnson's office — was included despite suggestions last week from Rep. Horn that the House was reluctant to wade into the legal morass surrounding the state board and Johnson.

Morgan says that provision will also pertain to sports programs and any scenario where local public schools provide services for which they charge fees to support the programs» administration.

The entire agreement between us (this «Agreement») is in separate parts, including this document (which incorporates an ARBITRATION provision), your application to us and any accompanying disclosures, any Account opening / closing correspondence, and an initial (and any subsequent and then - current) «Rates and Fees Table.»

A provision of the ACA designed to facilitate preventative care and which was put into effect immediately upon enactment of the law is its coverage of certain preventative care screenings — these procedures have been made available to all health insurance policy holders without charge, and without payment of normal co-pay fees or charges.

The best thing for those aggrieved to do would be to file complaints against Chase about the lack of an opt - out provision in their change in terms notice which adds a fee and changes the repayment requirements.

Fees: Base management fee set at 1 % of EPRA NAV per annum (0.5 %'til 50 % of NAV is invested), plus a performance fee which is 20 % of the excess shareholder return over a 10 % annual return hurdle (with a high watermark provision).

Our vetting policy includes the provision of the following veterinary services and examinations, which are covered by your dog's adoption fee:

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.

However the parenting plan provision will require extra work, which means extra fees for South Carolina family law attorneys.

The Supreme Court has previously noted that the fee - shifting provision of the Patent Act, which permits district courts to award attorney's fees to prevailing parties in «exceptional cases,» is «similar» to Section 505 of the Copyright Act, which merely permits a court to award reasonable attorney's fees at its discretion.

36 (4) A divisional application shall be deemed to be a separate and distinct application under this Act, to which its provisions apply as fully as may be, and separate fees shall be paid on the divisional application and it shall have the same filing date as the original application.

My statute of choice also has a fee - shifting provision, which means the other side is paying for me — so I need to know my on an almost daily basis.

«The term «pro bono» refers to activities of the firm undertaken normally without expectation of fee and not in the course of ordinary commercial practice and consisting of (i) the delivery of legal services to persons of limited means or to charitable, religious, civic, community, governmental, and educational organizations in matters which are designed primarily to address the needs of persons of limited means; (ii) the provision of legal assistance to individuals, groups, or organizations seeking to secure or protect civil rights, civil liberties, or public rights; and (iii) the provision of legal assistance to charitable, religious, civic, community, governmental, or educational organizations in matters in furtherance of their organizational purposes, where the payment of standard legal fees would significantly deplete the organization's economic resources or would be otherwise inappropriate.»

Employers will need to weigh the additional costs of a nondisclosure provision, which include the tax on the settlement payment and related attorney's fees, and the value of a nondisclosure provision to the employer with respect to the specific claim asserted by an employee.

These options include a first party model of provision whereby the driver's own insurer provides the replacement vehicle regardless of cost; a regulatory model intended to introduce the formal regulation of credit hire providers which would permit the capping of costs and a ban on referral fees; an industry code of conduct which would build on the existing GTA; or a «competitive offer» model allowing the at - fault insurer to provide the vehicle at lower cost if they can do so.

Employers will need to weigh the additional costs of a nondisclosure provision, which include the tax on the settlement payment and related attorney's fees, and the value of a

An agreement was concluded for the hire of the books, which covered the provision by the company of books on hire to members and related services in return for a fee paid by the college.

The «weigh stations» found on major highways for large trucks, which are mostly used to gather data used to allocate registration fees for trucks among the states based upon economic reality, are the main practical residuary impact of this constitutional provision.

The False Claims Act also has an anti-retaliation provision, which allows a whistleblower to recover, in addition to the reward for reporting fraud, double damages plus attorney fees for any acts of retaliation for reporting fraud against the government.

As far as the Charter is concerned, the Judge held that the establishment of a fee linked to the provision of a public service, the cost of which can reach up to 10,500 euro, constituted an obstacle to the right of effective judicial protection, as it is laid down in Article 47 of the Charter.

In particular, in scrutinizing the exercise of this choice, the Court's review must focus «as to whether the EU legislator could reasonably have taken the view, first, that in order to be implemented, the legal framework which it laid down regarding the system of fees referred to in Article 80 (1) of Regulation 528/2012 needs only the addition of further details without its non-essential elements having to be amended or supplemented and, secondly, that the provisions of the Regulation -LRB-...) relating to that system, require uniform conditions for implementation».

Contingent fee agreements must be in writing and include provisions for out - of - pocket expenses, which typically are paid by the attorney but paid back from any recovery, in addition to the fee for the attorney's services.

Baker Botts tried again, after ASARCO, to gain fee entitlement for «fees on fees» defense work by structuring a provision in its retention that allowed for a 10 % Fee Premium with respect to aggregate fees, a Fee Premium which would be waived if BB did not incur material fees and expenses from defending its fee applicatiofee entitlement for «fees on fees» defense work by structuring a provision in its retention that allowed for a 10 % Fee Premium with respect to aggregate fees, a Fee Premium which would be waived if BB did not incur material fees and expenses from defending its fee applicatioFee Premium with respect to aggregate fees, a Fee Premium which would be waived if BB did not incur material fees and expenses from defending its fee applicatioFee Premium which would be waived if BB did not incur material fees and expenses from defending its fee applicatiofee applications.

Plaintiff then argued that the second defendant was not entitled to fees because it was covered by the corporate defendant, a defendant which ultimately beat plaintiff, pursuant to the corporate indemnity provisions of Corporations Code section 317.

Although the legislative frameworks under which ET fees and civil court fees are charged differ, due to the similarities in real - world impact, and the extent to which the Unison judgment rests on general principles rather than provisions specific to the ET, questions must be asked as to whether this judgment should trigger challenges to civil court fees.

Both solutions will occur because the power of the news media and of the internet, interacting, will quickly make widely known these types of information, the cumulative effect of which will force governments and the courts to act: (1) the situations of the thousands of people whose lives have been ruined because they could not obtain the help of a lawyer; (2) the statistics as to the increasing percentages of litigants who are unrepresented and clogging the courts, causing judges to provide more public warnings; (3) the large fees that some lawyers charge; (4) increasing numbers of people being denied Legal Aid and court - appointed lawyers; (5) the many years that law societies have been unsuccessful in coping with this problem which continues to grow worse; (6) people prosecuted for «the unauthorized practice of law» because they tried to help others desperately in need of a lawyer whom they couldn't afford to hire; (7) that there is no truly effective advertising creating competition among law firms that could cause them to lower their fees; (8) that law societies are too comfortably protected by their monopoly over the provision of legal services, which is why they might block the expansion of the paralegal profession, and haven't effectively innovated with electronic technology and new infrastructure so as to be able to solve this problem; (9) that when members of the public access the law society website they don't see any reference to the problem that can assure them that something effective is being done and, (10) in order for the rule of law, the Canadian Charter of Rights and Freedoms, and the whole of Canada's constitution be able to operate effectively and command sufficient respect, the majority of the population must be able to obtain a lawyer at reasonable cost.

The High Court held that «it is perfectly fair to say that a significant proportion of the overall fees relate to social care and practical care and, therefore, that proportion is in respect of the provision of that and not the provision of residential accommodation» and «what is prohibited by the regulation is the payment of the proportion of those fees which relate to the provision of residential accommodation».

The TUC is calling on the government to adopt a series of measures including: abolishing employment tribunal fees to give more people access to justice; reinstating provisions in the Equality Act which placed a duty on employers to protect workers from third party harassment; giving employment tribunals the power to make wider recommendations; and extending the full range of statutory employment rights to all workers.

If it is true that there was no display in the pub that mentioned this service fee, this might have violated provision L113 - 3 of French Consumer Code (Code de consommation), which states:

The California Public Records Act (CPFA) has a fees / costs shifting provision in Government Code section 6259 (d) which provides that the court shall award court costs and reasonable fees to the «plaintiff» should the plaintiff prevail in CPRA litigation and shall award court costs and reasonable fees to the public agency if the court find that the «plaintiff's» case is clearly frivolous.

There is a provision under which salaried individual tax payers can be regarded as eligible to save around 100 INR every month as tax for tuition fees paid for one child.

Some companies like Google Inc publicly supported the bill, which included a provision to make it easier for the winner of a patent lawsuit to recover legal fees.

Electrum and Armoury are used by many crypto holders because they have provisions for advanced settings like custom fees etc. which are great for power users.

For example, the below commenting MHP — who has been a parenting coordinator («case manager») on at least one case known to the author in which a severely battered woman lost custody of her daughter to the abusive father, and who regularly performs custody evaluations as well — appears oblivious to the impact of MHP fees (which typically are divided equally between the parents) on a parent with substantially lower income than the other: [ANONYMOUS LISTSERVE COMMENT]: «If you want the parents to cooperate, why not add a provision that they must go back to mediation or to a parent coordinator if they can not come to an agreement.

«A provision in the Bylaws of a Board which offers the opportunity to a former Member having been dropped for nonpayment of membership dues during the current fiscal year to be reinstated without reapplication and payment of an application fee, but requiring payment of all past due accounts and payment of membership dues for the entire fiscal year, is not an inequitable limitation upon membership.»

Given that selling is persuading another to buy something we wish to sell, and that professionalism is, by your definition, the provision of valuable services for a fee, one has to wonder whether there can be such a thing as «professional sales» except in the contemporary use of the term which denotes quality execution and performance of almost any activity.

HUD's new rule seeks to clarify the circumstances under which home warranty companies may compensate real estate professionals without violating the Real Estate Settlement Procedures Act, particularly Section 8 provisions on kickbacks and unearned fees.

In the event of the death of a licensed broker, who is the sole proprietor of a real estate business, the board shall, upon application by his legal representative, issue, without examination, a temporary license to such legal representative, or to an individual designated by him and approved by the board, upon the filing of a bond as aforesaid and the payment of the prescribed fee, which shall authorize such temporary licensee to continue to transact said business for a period not to exceed one year from the date of death subject to all other provisions of sections eighty - seven PP to eighty - seven DDD applicable to a licensed broker except that such temporary license shall not be renewed.

In 2016, Sens. Crapo (R - ID) and Warner (D - VA) introduced S. 752 which would establish a score - keeping rule to ensure that increases in G - fees shall not be used to offset provisions that increase the deficit.

This amendment was a legislative reaction to the Court of Appeals holding in J.L. Holding Company v Reis (240 N.Y. 424) interpreting the fee splitting provisions of Section § 442 as not prohibiting a real estate broker from paying a portion of its fee to a buyer or seller in a transaction as such buyer or seller was not required to be licensed to provide service, help or aid in relation to the transaction to which they were a party.