Sentences with phrase «for substantial breach»

Not exact matches

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.

When a buyer can't get full financing, they risk losing their substantial deposit, or being sued by the seller for breach of contract.

On HDFC Mid cap, the fund currently has substantial holdings in large caps, which in my opinion, is a breach of the asset allocation mandate of being in mid caps for a minimum of 75 %.

Med Mining v Nusantara: acted as sole counsel in a substantial Commercial Court trial (against leading counsel for both other parties) relating to the activities of a mining company in the Far East, involving contractual claims and alleged fraudulent breaches of fiduciary duty.

Med Mining and Minerals Limited v Nusantara (2015): acted as sole counsel in a substantial Commercial Court trial (against leading counsel for both other parties) relating to the activities of a mining company in the Far East, involving contractual claims and alleged fraudulent breaches of fiduciary duty.

Med Mining and Minerals Limited v Nusantara: acted as sole counsel in a substantial Commercial Court trial (against leading counsel for both other parties) relating to the activities of a mining company in the Far East, involving claims for breach of directors» duties under Indonesian law.

When deciding if you have substantial grounds for a case, a professional malpractice attorney will look at: the doctor - patient relationship; whether or not the doctor made a mistake in diagnosis, treatment or lack of treatment; the connection between the breach of care and the patient's harm; the extent of harm; and the dates the injury, loss or damage occurred or were discovered.

Successfully pursued claims for fraud, breach of contract, and unfair and deceptive trade practices and obtained substantial settlement against one of the world's largest private aircraft manufacturers.

Carlyle Capital Corporation v Conway (2011 - 2016)[2013] 2 Lloyd's Rep 179 Instructed on behalf of the liquidators of a collapsed investment fund in substantial claims in the Guernsey Royal Court against the former directors and managing agents of the fund for breach of duty, misfeasance, negligence and wrongful trading.

David Smith, deputy information commissioner, says: «The prospect of substantial fines for deliberate or reckless breaches of the data protection principles will act as a strong deterrent and help ensure organisations take their data protection obligations more seriously.»

A breach may be established simply by showing the existence of substantial grounds for believing that the individual in question would face a real risk of being subjected to treatment contrary to Article 3 if sent to the receiving state.

Successfully pursued claims for breach of contract and unfair and deceptive trade practices and obtained substantial settlement against one of the world's largest private aircraft manufacturers.

The Corporate Manslaughter and Corporate Homicide Act 2007 Instead of requiring a grossly negligent «act or omission» on the part of the «controlling mind» of a company (as previously), the Corporate Manslaughter and Corporate Homicide Act 2007 — enacted on 24 July 2007 — seeks to create liability for a company, government departments or police forces if (and only if)(cl 1 (3)-RRB- «the way in which its activities are managed or organised by its senior management is a substantial element» in the «gross breach of a relevant duty of care» — punishable by a fine.

For example, if the tenant is late paying his rent once, this would not be a substantial breach of the agreement.

For example, mould on the premises constitutes a substantial breach while a fire may only frustrate the agreement.

The Residential Tenancies Act also permits a tenant to apply to the Court or the RTDRS for an immediate termination of a periodic tenancy in the case of a substantial breach by the landlord.

-- Instructed by Addleshaw Goddard LLP (as junior to Vernon Flynn QC) in a substantial expedited ICC arbitration involving a claim for breach of contract culminating, part way through the hearing, in a $ 225 million settlement deal.

Defending substantial claims for damages and loss of profits for breach of contract and / or negligence concerning amongst other things the design and supply of aluminium freezers.

Superyacht — brokerage dispute: instructed on behalf of a purchaser of a multi-million Euro «superyacht» (100 + m) to defend a substantial claim proceeding in (LMAA) arbitration 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 the Respondent's obligation of confidentiality arising under that agreement.

Achieved a substantial settlement on behalf of a frac pump manufacturer for breach of contract and breach of warranty involving improperly manufactured component parts.

Acting for an English registered company and its director in Commercial Court proceedings relating to its operations in Indonesia, pursuing claims for unpaid fees and defending a substantial counterclaim from its parent company for breach of directors» fiduciary duties.

On the facts, the judge held that the complaints were insufficiently formed for a hypothetical director to conclude that there were obvious breaches of duty and that the recovery was likely to be substantial.

As breach of competition and antitrust law has become a serious and potentially catastrophic issue for businesses of all shapes and sizes, so MI has built a substantial global network of experts on standby to act at any time.

We defeated an attempt by the purchaser of an auto component manufacturing company to obtain substantial damages from investment fund and management sellers based on alleged breaches of the merger agreement and alleged fraudulent representations during the diligence period for the acquisition.

He also accepted that the second letter was negligent in not explaining the options to Levicom clearly enough and for giving a misleading impression in relation to the prospects of Levicom succeeding in the arbitration in a claim for declaratory relief against the Swedish companies (where the chances of success in establishing a breach of contract were stated as «in the region of, but not less than, 70 %»), rather than concentrating on how to quantify and make a claim for substantial damages.

He concluded that the first of Linklaters» two letters of advice was negligent, not because they failed to exercise proper skill, care or competence in reaching the opinions expressed in it, but because the letter did not properly convey their advice and was reasonably to be understood by Levicom to advise that damages for breach of the CSA would be substantial.

For years, it has been generally accepted that there are both a substantial and a procedural duty to accommodate an employee to the point of undue hardship, and if an employer breaches the procedural duty to accommodate, the human rights legislation has been breached.

Is service of a statutory demand a proper course where there is a well established claim for breach of contract worth at least # 750 in general damages, but there is a substantial dispute about whether the claim has a value of much more than # 750?

When a buyer can't get full financing, they risk losing their substantial deposit, or being sued by the seller for breach of contract.

79 DOS 99 Matter of DOS v. Pagano - disclosure of agency relationships; failure to appear at hearing; proper business practices; unauthorized practice of law; unearned commissions; vicarious liability; fraudulent practice; jurisdiction; ex parte hearing may proceed upon proof of proper service; DOS has jurisdiction after expiration of respondents» licenses as acts of misconduct occurred and the proceedings were commenced while the respondents were licensed; licensee fails to timely provide seller client with agency disclosure form prior to entering into listing agreement and fails to timely provide agency disclosure form to buyer upon first substantive contact; broker fails to make it clear for which party he is acting; broker violates 19 NYCRR 175.24 by using exclusive right to sell listing agreement without mandatory definitions of «exclusive right to sell» and «exclusive agency»; broker breaches fiduciary duties to seller clients by misleading them as to buyer's ability to financially consummate the transaction; broker breaches his fiduciary duty to seller by referring seller to the attorney who represented the buyers when he knew or should have known such attorney could not properly protect seller's interests; improper for broker to use listing agreements providing for broker to retain one half of any deposit if forfeited by buyer as such forfeiture clause could, by its terms, allow broker to retain part of the deposit when broker did not earn a commission; broker must conduct business under name as it appears on license; broker engaged in the unauthorized practice of law in preparing contracts for purchase and sale of real estate which did not contain a clause making it subject to the approval of the parties» attorneys and were not a form recommended by a joint bar / real estate board committee; broker demonstrated untrustworthiness and incompetency in using sales contract which purported to change the terms of the listing agreement to include a higher commission; broker demonstrated untrustworthiness and incompetency in using contracts of sale which were unclear, ambiguous, vague and incomplete; broker failed to amend purchase agreement to reflect amendment to increase deposit amount; broker demonstrated untrustworthiness in back - dating purchase agreements; broker demonstrated untrustworthiness in participating in scheme to have seller hold undisclosed second mortgage and to mislead first mortgagee about the purchaser's financial ability to purchase; broker demonstrated untrustworthiness by claiming unearned commission and filing affidavit of entitlement for unearned commission; DOS fails to establish by substantial evidence that respondent acted as undisclosed dual agent; corporate broker bound by the knowledge acquired by and is responsible for acts committed by its licensees within the actual or apparent scope of their authority; corporate and individual brokers» licenses revoked, no action taken on application for renewal until proof of payment of sum of $ 2,000.00 plus interests for deposits unlawfully retained