Sentences with phrase «given consent of the parties»

This allows for an Employment Judge, with the freely given consent of the parties, to assess the worth of a claim and defence — probably at a CMD and in person.

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.

Class Attendees: By enrolling in these classes, you hereby: (1) give consent for Positive Discipline of Connecticut, Inc. to use your photograph or image in its print, online and video publications; (2) release Positive Discipline of Connecticut, Inc., its employees and any outside third parties from all liabilities or claims that you might assert in connection with the above - described uses; and (3) waive any right to inspect, approve or receive compensation for any materials or communications, including photographs, videotapes, website images or written materials, incorporating photos / images of you.

Given the problems Britain is experiencing with alienation from political elites, the rise of «anti-politics» parties like UKIP, and the widespread perception amongst the public that the governing classes are «out of touch» — is imposing a new form of government on Greater Manchester without popular consent really a good idea?

If after a vote at Conference i) the proposal from the Commons Party is agreed but ii) the majority is less than 2 / 3rds then, if after further consideration, the Commons Party still wishes to support the arrangement with one or more other parties then at their request the Federal Executive shall arrange a ballot of all Party members pursuant to clause 6.11 or 8.6 of the Constitution, the consent of a majority of those voting shall be taken as giving support to the arrangement.

The Prime Minister argued that he is «the only party leader who is prepared to say to the people of England, «you should have... the same rights over legislation that are being given to Scotland and Wales»»; and it is true that this commitment was set out in the Party's 2010 manifesto, which promised to introduce «new rules so that legislation referring specifically to England, or to England and Wales» so that it «can not be enacted without the consent of MPs representing constituencies of those countries.&rparty leader who is prepared to say to the people of England, «you should have... the same rights over legislation that are being given to Scotland and Wales»»; and it is true that this commitment was set out in the Party's 2010 manifesto, which promised to introduce «new rules so that legislation referring specifically to England, or to England and Wales» so that it «can not be enacted without the consent of MPs representing constituencies of those countries.&rParty's 2010 manifesto, which promised to introduce «new rules so that legislation referring specifically to England, or to England and Wales» so that it «can not be enacted without the consent of MPs representing constituencies of those countries.»

The judge in granting the plaintiff's ex parte motion on Tuesday, held that ordinarily, a part - heard suit could not be heard during vacation without the consent of all parties, but he decided to give room for the hearing because of its urgency.

House Republican leadership this year had given Smith the authority to issue subpoenas without the consent of the minority party.

By entering, each entrant warrants and represents the following with respect to their Submission: (a) entrant is the sole and exclusive owner of the Submission; (b) the Submission is entrant's own creation and is 100 % original; (c) the Submission will not infringe on any rights of any third parties; and (d) any third party whose person or property appears in the Submission has given entrant appropriate written consent (which shall be provided to Sponsor upon request thereof) for such person or property to be filmed and used as permitted herein.

Each project maintains control of its own patient data (which are password protected within the project's own DECIPHER project) until consent is given to share the data with chosen parties in a collaborative group or to allow anonymous genomic and phenotypic data to become freely viewable.

A family supporter develops a family file in order that information is gathered only once, and this is then circulated by the person in the key working role to all of the relevant parties — families give their consent and information can then be shared more freely than in the past.

It gives parents and students, once they turn 18, three rights: to inspect their own records, to correct those records, and to give consent in writing before the release of those records to any third party.

Before a single child's information is turned over to any 3rd party, policymakers should give assurance to parents and educators that no harm will come to Tennessee school children by adopting the following principles: The state and districts should be required to publish any and all existing data sharing agreements in printed and electronic form, and include a thorough explanation of its purpose and provisions, and make it available to parents and local school authorities statewide; The Department of Education should hold hearings throughout the state or testify before the legislature to explain any existing data agreement, and answer questions from the public or their representatives, obtain informed comment, and gauge public reaction; All parents should have the right to be notified of the impending disclosure of their children's data, and provide them with a right to consent or have the right to withhold their children's information from being shared; The state should have to define what rights families or individuals will have to obtain relief if harmed by improper use or release of their child's private information, including how claims can be made; and finally, any legislation must ensure that the privacy interest of public school children and their families are put above the interests of any 3rd Party and its agents and subsidiaparty, policymakers should give assurance to parents and educators that no harm will come to Tennessee school children by adopting the following principles: The state and districts should be required to publish any and all existing data sharing agreements in printed and electronic form, and include a thorough explanation of its purpose and provisions, and make it available to parents and local school authorities statewide; The Department of Education should hold hearings throughout the state or testify before the legislature to explain any existing data agreement, and answer questions from the public or their representatives, obtain informed comment, and gauge public reaction; All parents should have the right to be notified of the impending disclosure of their children's data, and provide them with a right to consent or have the right to withhold their children's information from being shared; The state should have to define what rights families or individuals will have to obtain relief if harmed by improper use or release of their child's private information, including how claims can be made; and finally, any legislation must ensure that the privacy interest of public school children and their families are put above the interests of any 3rd Party and its agents and subsidiaParty and its agents and subsidiaries.

Teach First will not share, sell or swap your details with any third parties for the purposes of their own marketing, unless you have given us your consent to do so.

I have given accurate information above and I give authorized representatives consent to review and obtain or assist to obtaining my personal credit report from any available means Equifax, Trans Union, and Experian, or any third party provider for the purpose of assessing, analyzing and or assisting in the restoration, advising and or repair of my credit.

The above applies to any sensitive information that you give to us such as details of any disabilities, or dietary / religious requirements but we will only pass these on where we have obtained the express consent of you and each member of your travel party.

However, addressing whether a party has consented to arbitrate under article V (1)(a) is ultimately consistent with the distinct purposes articles V (1)(a) and V (1)(c) that were given by the drafters of the Convention.

If the parties reach an agreement it can be substituted with an allowance given to one solution subject to the consent of the court that is to make sure that the amount is enough.

Judges should be encouraged to give provisional views on the merits of particular issues, if done openly, with the consent of the parties and (save where a ruling is being made) on the express basis that the view expressed is provisional.

[129] If a letter is written in reply to a letter written without prejudice or is part of a continuing sequence of negotiations, it will be privileged and can not be given in evidence without the consent of both parties.

934.04 - 934.09 for a person to intercept a wire, oral, or electronic communication when all of the parties to the communication have given prior consent to such interception.

«(c) that either the party to the marriage did not validly consent to it, whether in consequence of duress, mistake, unsoundness of mind or otherwise; (d) that at the time of the marriage either party, though capable of giving a valid consent, was suffering (whether continuously or intermittently) from mental disorder within the meaning of [the Mental Health Act 1983] of such a kind or to such an extent as to be unfitted for marriage.»

Moreover, as the OPC is in the process of reviewing submissions on its call for input on the issue of consent under the Personal Information and Electronic Documents Act, a more fundamental question remains: Assuming the allegations in the class action complaint are true, given the nature of the product in question, how could any company ever think it would be reasonable to assume that the average consumer would actually consent to having sensitive personal information, such as vibrator settings, collected, used and stored by a third party, even with a more robust privacy notice?

No party argued that the local authority could give consent to T's deprivation of liberty at the Unit and there was no dispute between the parties that, in the event that the care plan was approved and the care order was made, a declaration authorising the deprivation of T's liberty would be required.

As noted above, it may be difficult to obtain a stay of them (without the consent of other parties to the proceedings), and settlements can give rise to their own particular complications.

(5) At the conference, the judge or case management master may, if notice has been given and it is appropriate to do so or on consent of the parties,

I think your basis would be to rely on a combination of Article 6 (1) b)... for the performance of a contract to which the data subject is party... and Article 9 (2) a) the data subject has given explicit consent.

Otherwise a party may amend the party's pleading only by leave of court or by written consent of the adverse party; and leave shall be freely given when justice so requires.

When our retainer requires us to give your information to third parties (for example to a doctor for the purpose of obtaining a medical opinion or the opposing parties) your consent will be implied, unless you tell us otherwise.

The defendant's consent was given for that restricted purpose based on the reasonable expectation that the sample would be kept by the hospital (third party) in accordance with its legislatively imposed duties regarding confidentiality of patient records.

The trial judge accepted that by giving possession to the Respondent, the Appellant implicitly gave the Respondent consent to pass possession of the truck to third parties like Mr. Tessman.

where given after commencement of proceedings, if all parties to the proceedings consent or with the permission of the court (r 14.1 A (3)-RRB-.

Because of the way Facebook's third - party platform worked at this time, the over 270,000 survey participants who consented to hand over their data also gave Kogan access to tens of millions of their friends» Facebook data.

In the complaint, EPIC asks the FTC to investigate Facebook, determine the extent of the harm to consumer privacy and safety, require Facebook to cease collection and use of users» biometric data without their affirmative opt - in consent, require Facebook to give users meaningful control over their personal information, establish appropriate security safeguards, and limit the disclosure of user information to third parties.

These rules had reduced data access for third - party apps on Facebook, and ensured that an app could not get access to the data of a user's friends, unless the friends also gave consent to the app.

It has also been revealed that the firm accessed data of a user's friends as well, for which explicit consent had not been given and was in violation of Facebook's data policies for third - parties.

Partner Categories is not to blame for the Cambridge Analytica fallout, as the company was given that data from a third - party developer that went against Facebook's terms of service and violated user consent.

In conclusion, the CBA opinion serves as a good reminder to all family law practitioners that if there is a risk that your representation of one or more clients will be materially limited by your responsibilities to a third party, the representation can continue only if each affected client gives informed consent, after full disclosure and consultation.

If you are not the responsible party, we must obtain written consent of the legal guardian or other authorized legal representative prior to rendering services in the event the client is a minor child, an adult who is legally incompetent, or an adult incapable of giving informed consent.

Section 87A of the Native Title Act sets out the respondent parties that are required to give notice of their consent to any proposed determination orders.

The court must not, without the consent of the parties to the proceedings, take into account an opinion expressed by a family consultant, unless the consultant gave the opinion as sworn evidence.

In the instance of 99 year lease agreements, traditional owners must first have agreed to the 99 year lease option and therefore given their consent to opening the land to other parties.

If a family can not provide one of the documents described in this section to prove the child is homeless, a Head Start program may accept the family's signed declaration to that effect, if, in a written statement, program staff describe the child's living situation that meets the definition of homeless Program staff may seek information from third parties who have firsthand knowledge about a family's living situation, if the family gives written consent.

By this we mean that no information about the foster carer, including their name, the nature of the telephone enquiry or the issue under discussion will be shared with a third party unless the foster carer has given their express consent.

Because of the potential for conflicts of interest in a dual - agency relationship, all parties must give their informed consent.

Because of the potential for conflicts of interest in a dual agency relationship, it's vital that all parties to the dual agency relationship give their informed consent.

107 DOS 98 Matter of DOS v. Sosis - subject matter jurisdiction; due process; failure to appear at hearing; proper business practices; deposits; fraudulent practice; DOS fails its burden of proof; DOS has subject matter jurisdiction if at the time the disciplinary proceeding was commenced by proper service of a notice of hearing and complaint the party was (i) licensed to engage in regulated real estate activities, or (ii) an applicant for either a license or for the renewal of a license to engage in regulated real estate activities, or (iii) eligible to automatically renew the prior license under the two - year limitation provision of RPL § 441 (2); ex parte hearing is permissible upon proof of proper notice of hearing; DOS has subject matter jurisdiction where party was licensed at the time proceeding was commenced and, where at time of hearing, although not licensed was eligible to automatically apply to renew pursuant to RPL § 441 (2); licensee operated a real estate brokerage business under an unlicensed name; licensee unlawfully retains deposit funds after deposit monies were delivered on the condition that same were to be disbursed only on the principal's consent and approval and said consent and approval was not given; licensee's illegal exercise of right of ownership over his principal's funds spawns conversion and constitutes a fraudulent practice; DOS fails its burden of proof to establish licensee failed to deposit trust funds in a segregated escrow account, engaged in fraud and changed business location without notice to DOS; restitution ordered in the amount of $ 1,900 plus interest, fine of $ 1,000 and any further application for licensure shall not be considered until applicant pays said fine and provides proof of payment of restitution

Both the seller and the buyer must give their informed consent and the REALTOR ® must always provide full and timely disclosure of all pertinent information to both parties.

Where the client is a party to a Limited Dual Agency Agreement, it must be established, on the particular facts and circumstances of each case, that the client gave their informed consent to that relationship.