Sentences with phrase «from enforcing the agreement»

The creditor is debarred from enforcing the agreement while the information or copy agreement remain outstanding: in short, whilst the creditor itself remains in default.

If a marriage subject to a prenuptial agreement dissolves and one of the parties fails to take action on claims contained in that prenuptial agreement for a considerable period of time, it is possible the court will prohibit that person from enforcing the agreement due to the amount of time lapsed.

Not exact matches

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.

In Compliance with Laws: We may disclose your information to a third party: (a) if we believe that disclosure is reasonably necessary to comply with any applicable law, regulation, legal process, or governmental request; (b) to enforce our agreements and policies; (c) to protect the security or integrity of the Startup Grind Service; (d) to protect Startup Grind, our customers, or the public from harm or illegal activities; (e) to respond to an emergency which we believe in the good faith requires us to disclose information to assist in preventing the death or serious bodily injury of any person; or (f) as otherwise directed by you.

«Nothing in ERISA gives DOL authority to preclude financial institutions and their clients from entering into and enforcing arbitration agreements that include class action waivers,» Thrivent's complaint reads.

The signatories of this letter warn against the potential for trade agreements like NAFTA to restrict Canada's ability to enforce its own environmental regulations, maintain labour standards, and keep jobs and pollution from leaking to other states with weaker policies.

In Cicero, the Interfaith Leadership Council secured an agreement with the Cicero Police Department to issue a regulation dissuading officers from enforcing immigration law.

These companies strictly enforced non-disclosure agreements so that former employees couldn't work for competitors and prohibited their scientists from publishing peer - reviewed articles.

«As the campaign against the railroads mounted, some farsighted railroad men recognized that they could turn it to their advantage, that they could use the federal government to enforce their price - fixing and market - sharing agreements and to protect themselves from state and local governments,» [3] the Friedmans note.

However, Section V.D expressly recognizes that, after the expiration of the two - year period described in Sections V.A and V.B, the anti-retaliation provision does not prohibit Settling Defendants from unilaterally entering into and enforcing agency agreements with e-book retailers that restrict a retailer's ability to set or reduce e-book prices or offer promotions.

After the expiration of prohibitions in Sections V.A and V.B of this Final Judgment, this Section V.D shall not prohibit any Settling Defendant from unilaterally entering into or enforcing any agreement with an E-book Retailer that restricts, limits, or impedes the E-book Retailer from setting, altering, or reducing the Retail Price of any of the Settling Defendant's E-books or from offering price discounts or any other form of promotions to encourage consumers to Purchase any of the Settling Defendant's E-books.

The date on which the Settling Defendant notifies the E-book Retailer in writing that the Settling Defendant will not enforce any term (s) in its agreement with the E-book Retailer that restrict, limit, or impede the E-book Retailer from setting, altering, or reducing the Retail Price of one or more E-books, or from offering price discounts or any other form of promotions to encourage consumers to Purchase one or more E-books.

Student loan agreements are simple contract debts and this gives the company asking you to pay five years from the date you last paid or acknowledged the debt to go to court to enforce the agreement.

If any arbitration or other proceeding is brought to enforce or interpret this Agreement or matters relating to it, the substantially prevailing party, as determined by the arbitrator's award, will be entitled to recover reasonable attorneys» fees and other costs and expenses incurred in such arbitration or proceeding from the other party, in addition to any other relief to which such prevailing party is entitled; provided that in no event will the arbitrator have the authority to award punitive damages.

You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated «scraping»; (ii) using any automated system, including without limitation «robots,» «spiders,» «offline readers,» etc., to access the Service in a manner that sends more request messages to the Company servers than a human can reasonably produce in the same period of time by using a conventional on - line web browser (except that Humble Bundle grants the operators of public search engines revocable permission to use spiders to copy materials from Humble Bundle for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes, or may impose in our sole judgment an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Service; (vii) collecting or harvesting any personally identifiable information, including account names, from the Service; (viii) using the Service for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Service; (xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; (xii) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein; (xiii) sell, assign, rent, lease, act as a service bureau, or grant rights in the Products, including, without limitation, through sublicense, to any other entity without the prior written consent of such Products» (defined below) licensors; (xiv) circumventing Service limitations on the number of Products you may purchase, including, without limitation, creating multiple accounts and purchasing a total number of Products through such multiple accounts which exceed the per - user limitations; or (xv) except as otherwise specifically set forth in a licensor's end user license agreement, as otherwise agreed upon by a licensor in writing or as otherwise allowed under applicable law, distributing, transmitting, copying (other than re-installing software or files previously purchased by you through the Service on computers, mobile or tablet devices owned by you, or creating backup copies of such software or files for your own personal use) or otherwise exploiting the Products (defined below) in any manner other than for your own private, non-commercial, personal use.

Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from under that Act.

It would be unconscionable for [H] now to seek to enforce the charge against [W] when he was freed from paying arrears and current maintenance as the agreement provided.»

In the few cases where courts have refused to enforce awards pursuant to article V (1)(d), the manner in which the tribunal was constituted materially deviated from the parties» agreement.

For instance, the Hong Kong Supreme Court enforced an award rendered in China, even though its members were selected from a different list of arbitrators than provided in the parties» agreement.880

In keeping with the pro-enforcement bias of the New York Convention, article V (1)(c) provides «that part of the award which contains decisions on matters submitted to arbitration may be recognized and enforced», provided that matters properly within the scope of the arbitration agreement «can be separated from those not so submitted.»

Courts have also applied article V (1)(c) in the context of multiparty arbitrations to exclude from enforcement portions of an award which address a party not bound by the arbitration agreement, but enforce the award with respect to the remaining parties.

As one United States court observed, «[u] nder the New York Convention, we examine whether the award exceeds the scope of the [arbitration agreement], not whether the award exceeds the scope of the parties» pleadings».803 This interpretation of article V (1)(c) which distinguishes the parties» pleadings or prayers for relief from the «submission to arbitration» referred to in article V (1)(c), is consistent with a narrow interpretation of the grounds for refusal to recognize or enforce an award.

Our specialties include enforcing IP rights, registering copyrights and trademarks, protecting mobile apps from cloning, drafting licensing agreements, defending companies against IP infringement, and litigating lawsuits in state and federal court.

Creditors have needed an enforcement order from the court where they wished to enforce a credit or hire agreement that failed to conform with prescribed requirements and the court has only made one if it were just and equitable to do so.

But there are others that may gain access to your company information and a simple verbal agreement is difficult to enforce, so you may benefit from asking others to sign an agreement.

Some severance packages include terms that enforce non-compete or non-solicitation agreements or contain a clause releasing either party from other obligations or rights to sue.

The substantive rights that ICSID can enforce come from bilateral investment treaties, or Foreign Investment Promotion and Protection Agreements (FIPAs) in Canada.

On Feb. 29, 2016, the European Commission released a draft adequacy decision and the legal texts that form the proposed Privacy Shield, including written assurances from the U.S. government to enforce the agreement and the so - called Privacy Shield Principles that will bind participating U.S. companies.

From early evidentiary hearings on class certification to making law on enforcing class waivers in arbitration agreements, we work the strategy necessary for maximum advantage.

Representing reinsured in attempt to enforce arbitration agreement and recover from reinsurer its portion of overcharges of workers» compensation insurance premiums.

Each reviewer's log - in could be assigned security levels which enforced the confidentiality and other agreements from the Case Management Order.

I just received a message from Tanaka Sadasuke, seeking to enforce a collaborative law agreement.

«So something goes wrong, and we don't have in place the necessary co-operation agreements with Chinese regulators, and nobody really understands how you go about getting information from Chinese banks or what the legal regime is to enforce claims there.»

In addition, these grounds must be invoked by the party against whom the settlement agreement is sought to be enforced, and require proof from that party that:

Along with protecting their company from risk, legal departments now have to enforce company policies, negotiate agreements, manage vendor relationships, strategize planning, and serve as advisors to company executives.

In this appeal the two wholesaler - defendants appeal from a district court's refusal to enforce arbitration agreements signed by two plaintiffs because those arbitration agreements were later assigned by those defendants.

She will explain how an analysis of the circumstances and timeline of the signing of the prenuptial agreement may preclude courts from making a pretrial ruling on summary judgment as to whether a prenuptial agreement should be enforced or set aside.

There was conflicting case law in Ontario regarding whether a two - year limitation period applied to an action to enforce a foreign judgment in Ontario (from a jurisdiction to without a reciprocal enforcement agreement).

The court rejected this argument, emphasizing that «the court should not lightly depart from the strong policy support for enforcing arbitration agreements.»

Where the Minister certifies by notice, published in the Canada Gazette, that any country that is not a treaty country grants or has undertaken to grant, either by treaty, convention, agreement or law, to citizens of Canada, the benefit of copyright on substantially the same basis as to its own citizens or copyright protection substantially equal to that conferred by this Act, the country shall, for the purpose of the rights conferred by this Act, be treated as if it were a country to which this Act extends, and the Minister may give a certificate, notwithstanding that the remedies for enforcing the rights, or the restrictions on the importation of copies of works, under the law of such country, differ from those in this Act.

The bond What comes to issue is that the party seeking to enforce the separation agreement has incurred additional legal fees and taken time from work that otherwise wouldn't have been necessary.

Henry advises clients on drafting employment and consultancy agreements and handbooks both within the UK and the EU, as well as on secondment and assignment issues when transferring staff internationally; drafting and enforcing non-compete clauses and confidentiality restrictions; handling poor performance and claims of discrimination; redundancies (reductions in force) and lay - offs; avoiding workplace harassment; conducting disciplinary investigations and grievances; work permits and visas and data privacy (including issues around the transfer of human resources data from the EU to the US).

If your tenancy agreement contains a «no pets» policy, the fact that your pet does not cause any issues for other tenants will not prevent your landlord from enforcing its removal.

(ii) provisions naming the Owner as an intended third party beneficiary of such confidentiality obligations set forth in the agreement with the third party, with the right to enforce such confidentiality obligations in respect of its Confidential Information directly against the third party and providing for the delivery by the third party of a certificate to such effect to the Owner on request from the Owner.»

Can one take the «next step» from saying «if we will enforce your clicked «OK» on a link to the terms of service, we will also enforce a «pure» browsewrap «agreement» in which your assent is shown by mere use of the site in the face of the terms of service?»

On Friday, attorneys representing Google tried to have Lee's lawsuit dismissed and forced into arbitration, which would have prevented it from proceeding in public — in stark contrast to Microsoft, which recently ended its practice of enforcing arbitration agreements in cases of sexual harassment.

Previous examples have included Red Hat's patent pledge (promising to refrain from enforcing its patents against open source software) and Twitter's innovator's patent agreement (committing to only use employee - invented patents defensively).

As long as the agreement is legally enforced, the court will exclude those particular items from the marital estate.

Prevent the courts from enforcing private agreements between unmarried couples, therefore encouraging the wealthier members of couples to avoid marriage so that they will not be subject to obligations to transfer property;

In a footnote at the end of the opinion, the court stated that Broker's violation of the law may prevent him from enforcing any commission agreement he had with Seller.