Sentences with phrase «for breach of the obligation»

Because the Vienna Convention provides its own system of remedies by way of declaration of persona non grata and breach of diplomatic relations, even manifest abuse can not be relied on to justify forcible entry as a form of reprisals for breach of the obligation under Article 41 of the Convention to respect the laws and regulations of the receiving State.»

The preliminary reference in the case at hand originates from a dispute in Poland between ENEA S.A. («ENEA»), a State - owned company which is active in the production, marketing and sale of electricity, and the president of Urzędu Regulacji Energetyki (Office for the regulation of energy, «URE») concerning a financial penalty imposed on ENEA for breach of its obligation to supply CHP electricity (Article 9a (8) of the Law on Energy).

An award was made, however, for damages for breach of the obligation of fair dealing and good faith in the sum of $ 100,000.

The recent decision of the Ontario Superior Court of Colistro vs Tbaytel and the City of Thunder Bay provides an interesting review of the issues of constructive dismissal, sexual harassment and damages for the breach of the obligation of good faith, albeit in a very unusual fact situation.

Employee Fired Due to Hiring of Past Sexual Abuser The recent decision of the Ontario Superior Court of Colistro vs Tbaytel and the City of Thunder Bay provides an interesting review of the issues of constructive dismissal, sexual harassment and damages for the breach of the obligation of good faith, albeit in a very unusual -LSB-...]

I wonder if the Court of Justice could be sued at the General Court for breach of its obligation under article 6 (2) TUE, namely the obligation to support the accession to the ECHR as the Court is also an EU institution to which article 6 (2) is opposable.

Jeffery Wilson: «Case Commentary: Bruker v. Marcovitz and the Matter of Damages for Breach of Obligations Covered by Family Law Legislation: Frame v. Smith re-visited», (2008), 21 Ont.

Not exact matches

Oregon also accuses Oracle of breach of contract, along with civil racketeering, for «failing to deliver on its obligations, overcharging for poorly trained Oracle personnel to provide incompetent work, hiding from the state the true extent of Oracle's shoddy performance, continuing to promise what it could not deliver, and willfully refusing to honor its warranty to fix its errors without charge.»

Among the factors that could cause actual results to differ materially are the following: (1) worldwide economic, political, and capital markets conditions and other factors beyond the Company's control, including natural and other disasters or climate change affecting the operations of the Company or its customers and suppliers; (2) the Company's credit ratings and its cost of capital; (3) competitive conditions and customer preferences; (4) foreign currency exchange rates and fluctuations in those rates; (5) the timing and market acceptance of new product offerings; (6) the availability and cost of purchased components, compounds, raw materials and energy (including oil and natural gas and their derivatives) due to shortages, increased demand or supply interruptions (including those caused by natural and other disasters and other events); (7) the impact of acquisitions, strategic alliances, divestitures, and other unusual events resulting from portfolio management actions and other evolving business strategies, and possible organizational restructuring; (8) generating fewer productivity improvements than estimated; (9) unanticipated problems or delays with the phased implementation of a global enterprise resource planning (ERP) system, or security breaches and other disruptions to the Company's information technology infrastructure; (10) financial market risks that may affect the Company's funding obligations under defined benefit pension and postretirement plans; and (11) legal proceedings, including significant developments that could occur in the legal and regulatory proceedings described in the Company's Annual Report on Form 10 - K for the year ended Dec. 31, 2017, and any subsequent quarterly reports on Form 10 - Q (the «Reports»).

To the extent that we are unable to make payments under the Tax Receivable Agreement for any reason, such payments generally will be deferred and will accrue interest until paid; provided, however, that nonpayment for a specified period may constitute a material breach of a material obligation under the Tax Receivable Agreement and therefore accelerate payments due under the Tax Receivable Agreement.

Actual results may vary materially from those expressed or implied by forward - looking statements based on a number of factors, including, without limitation: (1) risks related to the consummation of the Merger, including the risks that (a) the Merger may not be consummated within the anticipated time period, or at all, (b) the parties may fail to obtain shareholder approval of the Merger Agreement, (c) the parties may fail to secure the termination or expiration of any waiting period applicable under the HSR Act, (d) other conditions to the consummation of the Merger under the Merger Agreement may not be satisfied, (e) all or part of Arby's financing may not become available, and (f) the significant limitations on remedies contained in the Merger Agreement may limit or entirely prevent BWW from specifically enforcing Arby's obligations under the Merger Agreement or recovering damages for any breach by Arby's; (2) the effects that any termination of the Merger Agreement may have on BWW or its business, including the risks that (a) BWW's stock price may decline significantly if the Merger is not completed, (b) the Merger Agreement may be terminated in circumstances requiring BWW to pay Arby's a termination fee of $ 74 million, or (c) the circumstances of the termination, including the possible imposition of a 12 - month tail period during which the termination fee could be payable upon certain subsequent transactions, may have a chilling effect on alternatives to the Merger; (3) the effects that the announcement or pendency of the Merger may have on BWW and its business, including the risks that as a result (a) BWW's business, operating results or stock price may suffer, (b) BWW's current plans and operations may be disrupted, (c) BWW's ability to retain or recruit key employees may be adversely affected, (d) BWW's business relationships (including, customers, franchisees and suppliers) may be adversely affected, or (e) BWW's management's or employees» attention may be diverted from other important matters; (4) the effect of limitations that the Merger Agreement places on BWW's ability to operate its business, return capital to shareholders or engage in alternative transactions; (5) the nature, cost and outcome of pending and future litigation and other legal proceedings, including any such proceedings related to the Merger and instituted against BWW and others; (6) the risk that the Merger and related transactions may involve unexpected costs, liabilities or delays; (7) other economic, business, competitive, legal, regulatory, and / or tax factors; and (8) other factors described under the heading «Risk Factors» in Part I, Item 1A of BWW's Annual Report on Form 10 - K for the fiscal year ended December 25, 2016, as updated or supplemented by subsequent reports that BWW has filed or files with the SEC.

Examples of these risks, uncertainties and other factors include, but are not limited to the impact of: adverse general economic and related factors, such as fluctuating or increasing levels of unemployment, underemployment and the volatility of fuel prices, declines in the securities and real estate markets, and perceptions of these conditions that decrease the level of disposable income of consumers or consumer confidence; adverse events impacting the security of travel, such as terrorist acts, armed conflict and threats thereof, acts of piracy, and other international events; the risks and increased costs associated with operating internationally; our expansion into and investments in new markets; breaches in data security or other disturbances to our information technology and other networks; the spread of epidemics and viral outbreaks; adverse incidents involving cruise ships; changes in fuel prices and / or other cruise operating costs; any impairment of our tradenames or goodwill; our hedging strategies; our inability to obtain adequate insurance coverage; our substantial indebtedness, including the ability to raise additional capital to fund our operations, and to generate the necessary amount of cash to service our existing debt; restrictions in the agreements governing our indebtedness that limit our flexibility in operating our business; the significant portion of our assets pledged as collateral under our existing debt agreements and the ability of our creditors to accelerate the repayment of our indebtedness; volatility and disruptions in the global credit and financial markets, which may adversely affect our ability to borrow and could increase our counterparty credit risks, including those under our credit facilities, derivatives, contingent obligations, insurance contracts and new ship progress payment guarantees; fluctuations in foreign currency exchange rates; overcapacity in key markets or globally; our inability to recruit or retain qualified personnel or the loss of key personnel; future changes relating to how external distribution channels sell and market our cruises; our reliance on third parties to provide hotel management services to certain ships and certain other services; delays in our shipbuilding program and ship repairs, maintenance and refurbishments; future increases in the price of, or major changes or reduction in, commercial airline services; seasonal variations in passenger fare rates and occupancy levels at different times of the year; our ability to keep pace with developments in technology; amendments to our collective bargaining agreements for crew members and other employee relation issues; the continued availability of attractive port destinations; pending or threatened litigation, investigations and enforcement actions; changes involving the tax and environmental regulatory regimes in which we operate; and other factors set forth under «Risk Factors» in our most recently filed Annual Report on Form 10 - K and subsequent filings by the Company with the Securities and Exchange Commission.

And perhaps Wright is unaware of UN Resolution 1441, which was passed unanimously, found Iraq in material breach of its obligations, and warned Iraq of «serious consequences» (which all parties understood to mean war) for continued violations.

The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) for death or personal injury caused by negligence or breach of the Supplier's other legal obligations.

«For most of our 40 - year partnership with Coles, the relationship has been a strong and mutually beneficial one but we consider that, in recent times, Coles has repeatedly breached its obligations, failed to act in good faith and taken steps that threaten the very core of our business,» Mr Foote said.

Saying that there was no precedent for his statement, Wolffe said that his analysis reflects the approach of the supreme court in the Gina Miller case, and that he does not believe the bill breaches UK obligations under EU law.

«So, for me, before September 11th, I was already reaching for a different philosophy in international relations from a traditional one that has held sway since the treaty of Westphalia in 1648; namely that a country's internal affairs are for it and you don't interfere unless it threatens you, or breaches a treaty, or triggers an obligation of alliance.»

The commission believes its investigation into alleged breaches of reporting obligations will take at least another month, potentially taking it past the one - year time limit for launching criminal proceedings.

(b) ELITESINGLES reserves the right to block or remove from its site any offensive or incorrect communication or information, and / or any communication or information brought to its attention which it reasonably suspects infringes any applicable laws, regulations or third party rights (such as material that is obscene, indecent, pornographic, seditious, offensive, defamatory, threatening, liable to incite racial hatred, menacing, blasphemous or in breach of any third party intellectual property rights) but ELITESINGLES has no obligation to review any communication or information provided by members for inclusion on the website.

If the customer breaches any of the obligations listed in this section 7, ELITESINGLES can be entitled to require compensation for any resulting damage or expenses.

9.9 If the customer breaches any of the obligations listed in this clause 9, ELITESINGLES can be entitled to require compensation for any resulting damage or expenses.

Authors basically can not terminate the license unless Dymocks is proven to be in breach of the agreement, which would be difficult for an author to prove, as the agreement does not put much obligation on Dymocks to do specific things.

There is no way for the author to terminate the contract, other than through a breach of contract by D Publishing — unlikely since the contract places almost no obligations on D Publishing.

If you are not in breach of your obligations under this Agreement, for each Printed Books & Digital Books sold to a customer through the Program, A&A Printing will pay you the applicable Royalty of 80 % of your list price, net of refunds, bad debt, and any sales or other taxes or fees charged to a customer or applied with respect to sales to a customer.

Our payment of the Liquidated Damages is Our sole liability and entire obligation and the Author's exclusive remedy for the listed breaches for which the enhanced Author Royalties percentages are listed as a remedy.

Following some lengthy analysis of the facts and the previous decisions in the case, the district court «concludes that defendants are liable for breaching their fiduciary obligations and are liable beginning on August 16, 2001 — or for three funds the later date institutional share classes become available — for the actual loss in excessive fees paid and for the lost investment opportunity of this breach.»

WAG agrees to indemnify DAW and Nyer for its breach of the WAG Agreement for a period of 12 months, except in certain circumstances set forth in the WAG Agreement, and its indemnification obligations are for an unlimited amount.

The court case we've run is alleging breaches of the responsible lending obligations, as well as some instances of unconscionable conduct in relation to a series of loans that were given to consumers for the purchase of motor vehicles.

You agree to reimburse each Square Enix Party (as defined in section 3.2 above) in full for the amount of any and all claims, proceedings, actions, demands, damages, losses, liabilities, costs and expenses suffered or incurred by such Square Enix Party, in each case as a result of or in connection with: (a) any breach of any of your obligations, warranties, representations or undertakings under the Site Terms; and / or (b) any illegal use of your Membership or Account by any person (s).

Although the maximum fine under the Data Protection Act is # 0.5 m, however, this will rise under the GDPR to $ 10m or 2 % of annual worldwide turnover (whichever is highest) for breaches of data protection obligations, and $ 20m or 4 % of worldwide turnover for breaches of data subjects» rights and freedoms.

Mr Justice Jay ruled the clinic was in breach of its strict obligation to ensure ARB's consent had been obtained, and rejected submissions that the claim for the costs of raising a child was too remote.

[16]... Damages for wrongful dismissal operate to compensate an employee for the employer's breach of the implied obligation in the employment contract to give reasonable notice of an intention to terminate the relationship in the absence of just cause.

Employees who are disciplined for reasons arising from their childcare obligations could also have an argument that this was in breach of the BC Human Rights Code.

Mr. McShane successfully defended International Paper Company against over $ 200 million in claims asserted by a plaintiff who claimed International Paper had breached an obligation to provide financial and technical support to a joint venture for the development and marketing of children's clothing products.

The banks thus argued that their fundamental rights of defence and their right to effective judicial protection were breached and that the Council violated its obligation to give reasons for their designation.

There were 11 allegations which included that he circumvented the terms of a British Columbia Supreme Court order and attempted to mislead the court; he breached his ethical obligations by receiving funds from an individual and disbursing them for the benefit of a client without advising the individual that his interests were not being protected; and he represented parties in a B.C. Supreme Court action despite a conflict of interest.

For a lawyer, answering questions like could be a breach of ethical and professional obligations.

The CJEU concluded that the sanction for a breach of the EU Courts» obligation to adjudicate cases within a reasonable time must be an action for damages brought before the General Court since such an action constitutes an effective remedy (para 94).

While the decision in Edwards may not mark a departure from the law of minimum obligation it represents a significant milestone in an employee's ability to seek redress for a contractual breach in the county court.

This obligation is breached when a permanent resident is convicted of a federal offence punishable by a maximum term of imprisonment of at least 10 years, or of a federal offence for which a term of imprisonment of more than 6 months has been imposed.

The Court of Appeal concluded that Canada did not breach any post-Confederation legal obligation to Williams Lake, and was not liable for any breaches of pre-Confederation legal obligations by B.C.

a major German energy company in an International Chamber of Commerce (ICC) arbitration against an Indonesian coal producer for breach of a coal supply agreement, including the effect of government regulations on private parties» contractual obligations

Costa Rica v. Nicaragua (Certain Activities Carried Out By Nicaragua in the Border Area)(Reparation Phase): instructed as junior counsel to Costa Rica in claim for reparation before International Court of Justice arising from, inter alia, environmental harm caused by breach of international obligations by Nicaragua.

[14] Both parties rely on the British Columbia decision of Smith v. Lau, 2004 BCCA 443, 243 D.L.R. (4th) 236, for the law applying to the breaches of obligations under matrimonial agreements.

Defending two individuals in the insurance sector on the defence of an application for injunctive relief to prevent breach of post-termination restrictions and confidentiality obligations in the High Court.

Patent owners may consider bringing claims for interference with contract against competitors who encourage customers to breach their contractual obligations by transferring products in violation of purchase terms.

«Project X»: represented Respondent purchaser of «superyacht» defending a claim for alleged losses and damage suffered as a result of an alleged wrongful repudiation of a written brokerage agreement and as a result of alleged breaches of Respondent's obligation of confidentiality arising under that agreement.

It brought proceedings seeking damages for breach of the LSC's obligations under the regulations.

In the past, the Italian Constitutional Court made clear that supra - national law should not prevail without any limitation, and that the application of international obligations could not have the effect to breach the fundamental principles of the constitutional order or the fundamental rights of the individuals (this is called the «counter-limit doctrine», developed for example in the «Granital case», Sentenza n. 170, 5 June 1984).

Because you are contracted with your insurance company, they have contractual obligations to you which they must satisfy or you can sue them for breach of contract and bad faith.