Sentences with phrase «in breach of this agreement»

Technically, the county has been in breach of that agreement since Jan. 1, but the developer has been looking the other way as the administration worked to finalize a deal.

The Efta court rules that Britain is in breach of the agreement.

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.

The estate was in breach of the agreement and liable for the money.

If he will then refuse to give you keys to the property he will be in breach of the agreement you two have signed.

Injunctive relief allows a Disclosing Party to prevent or stop a Recipient from disclosing confidential information in breach of this agreement.

Court proceedings in breach of agreements to arbitrate remain common in many parts of Asia.

The Firm will not, nor will any entity that is part of the Firm, be deemed to be in breach of this Agreement for any failure or delay in performance caused by reasons beyond its reasonable control, including any natural calamity, act of God or a public enemy, act of any military, civil or regulatory authority, change in any law or regulation, disruption or outage of communications, power or other, failure to perform by any supplier or other third party, or any other cause beyond the reasonable control of the Firm (or any entity that is part of the Firm).

An enforcement clause, which appears designed to create standing, states: «I understand that the United States Government or, upon completion of the term (s) of Mr. Donald J. Trump, an authorized representative of Mr. Trump, may seek any remedy available to enforce this Agreement including, but not limited to, application for a court order prohibiting disclosure of information in breach of this Agreement.»

Crane was found to be passing off his own extended warranty in breach of his agreement with Sky for the boxes.

The motion judge found that the appellants, Mobile Zone Inc., Mohammad Shahzad, and Swati Damle, were in breach of the agreement and had misappropriated funds owing to the respondents, Net Connect Installation Inc., under the agreement.

The motion judge found that the appellants were in breach of their agreements.

For that reason, the suit against Cyanogen in India was found to be invalid, as it is in breach of the agreement.

Objective: Resumes reserves the right to the initiation of such legal proceedings and to the recovery of costs related to such legal actions from clients in breach of this agreement.

In fact, the vast majority of new home or condominium - purchase agreements do not allow the original buyer to assign the contract to someone else and stipulate that any attempt by the buyer to do so, or to list the home for sale on the MLS system or otherwise, or else list the property for rent, will put the original buyer in breach of the agreement.

The judge rejected Mincom's position that Corona was in breach of the agreement because it was consistently late in remitting forms, payments and statements, and that consequently, Mincom was free to enter into a franchise agreement with someone else.

«We don't believe that there are any, but if they do have rules that are in breach of this agreement, they certainly can not enforce them at this point in time.»

Not exact matches

Pearson filed the suit on Monday in the U.S. District Court of New Jersey, saying Valeant breached his contract by not paying him 580,676 shares and 2.5 million performance shares due in November under the terms of his separation agreement, the Journal reported.

Former Federal Trade Commission officials say that Facebook Inc. appears to have breached a 2011 consent agreement to safeguard users» personal information and may be facing hundreds of millions of dollars in fines.

«This is in my view a serious breach of the FTC's consent» agreement, Vladeck, now a Georgetown University professor, told Bloomberg TV.

Rox Resources» joint venture partner Teck Australia has voiced concern today with the company's proposed sale of its stake in the Reward zinc - lead project to Marindi Metals, after competing bidder IM Medical said last week an exclusivity agreement had been breached.

Cohl responded in January, accusing the company of breaching the terms of the agreement by making a play for the Stones» business, and of actively trying to undermine his relationship with the band, which is widely believed to be considering a 50th - anniversary tour for 2012.

Rigrodsky & Long, P.A. announces that it is investigating potential legal claims against the board of directors of Analogic Corporation («Analogic» or the «Company»)(NASDAQ GS: ALOG) regarding possible breaches of fiduciary duties and other violations of law related to the Company's entry into an agreement to be acquired by an affiliate of Altaris Capital Partners, LLC («Altaris») in a transaction valued at approximately $ 1.1 billion.

Verizon, which announced in July an agreement to buy Yahoo's core internet properties for $ 4.83 billion, said in a statement it was made aware of the breach within the last two days and had limited information about the matter.

General Motors is suing Grossinger Auto Group of Illinois, alleging it breached an exclusive - use agreement in the sale of its Chevrolet and Cadillac dealership assets to AutoCanada.Monday, April 30, 12:01 am ET

The founder of the Binance exchange is facing a lawsuit in Hong Kong over allegations he breached an exclusivity agreement with a big - name investor.

The foregoing remedies shall not be deemed to be the exclusive remedy for any breach or violation of this Agreement, but shall instead be in addition to any and all other remedy or remedies to which Parent may be entitled at law or in equity.

By causing Retrophin to enter into these Settlement Agreements for his own benefit and for the benefit of MSMB without disclosing the agreements to the Board or seeking Board approval, Shkreli engaged in self - dealing and breached his duty of loyalty to thAgreements for his own benefit and for the benefit of MSMB without disclosing the agreements to the Board or seeking Board approval, Shkreli engaged in self - dealing and breached his duty of loyalty to thagreements to the Board or seeking Board approval, Shkreli engaged in self - dealing and breached his duty of loyalty to the Company.

As part of the settlement, Trulia agreed to drop the breach of contract lawsuit it filed against Move in February, after ListHub announced it had terminated its syndication agreement with Trulia in the wake of Trulia's acquisition by Zillow.

By causing Retrophin to enter into the Yaffe Consulting Agreement, Shkreli engaged in self - dealing and breached his duty of loyalty to Retrophin.

«We have found proof of material breaches of FDA data integrity requirements in Akorn's operations, including product development,» Fresenius said in its statement on Sunday, adding that Akorn also violated other requirements of the merger agreement.

The remedies listed in the agreement include the payment of $ 1 million per breach of the agreement (Daniels is also required to hand over money she earns through disclosing confidential information about Trump).

If any of these facts, assumptions, representations, statements or undertakings is, or becomes, inaccurate or incomplete, or if HP Co. or Hewlett Packard Enterprise breach any of their respective covenants contained in any of the separation - related agreements or in the documents relating to the IRS private letter ruling and / or any tax opinion, the IRS private letter ruling and / or any tax opinion may be invalid.

Notwithstanding anything contained in the foregoing, if you breach any of the terms of this Merchant Agreement, Thing Daemon is entitled to suspend or terminate your sale (s) and / or any access to information or data related to your merchant account.

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.

The term of the TRAs will commence upon the completion of this offering and will continue until all such tax benefits have been utilized or expired, unless we exercise our rights to terminate the agreements or payments under the agreements are accelerated in the event that we materially breach any of our material obligations under the agreements (as described below).

The term of the TRAs will commence upon the completion of this offering and will continue until all such tax benefits have been utilized or expired, unless we exercise our rights to terminate the agreements or payments under the agreements are accelerated in the event that we materially breach any of our material obligations under the agreements.

Takeover target Godfreys has warned of soft trading over the past few weeks, which would have caused it to technically breach a covenant, it has already received a waiver from, in a lending agreement with the 99 - year - old major shareholder who launched a cash bid for the company two weeks ago.

In this agreement, «Confidential Information» means all confidential information relating to a party or its business, strategies, pricing, personnel, suppliers, products or services, but excludes information that the recipient proves: (a) was lawfully in its possession before receiving it from the discloser, (b) was provided in good faith to it by a third party without breaching any of discloser's rights or any rights of a third party, or (c) is or becomes generally available to the public through no fault of the recipienIn this agreement, «Confidential Information» means all confidential information relating to a party or its business, strategies, pricing, personnel, suppliers, products or services, but excludes information that the recipient proves: (a) was lawfully in its possession before receiving it from the discloser, (b) was provided in good faith to it by a third party without breaching any of discloser's rights or any rights of a third party, or (c) is or becomes generally available to the public through no fault of the recipienin its possession before receiving it from the discloser, (b) was provided in good faith to it by a third party without breaching any of discloser's rights or any rights of a third party, or (c) is or becomes generally available to the public through no fault of the recipienin good faith to it by a third party without breaching any of discloser's rights or any rights of a third party, or (c) is or becomes generally available to the public through no fault of the recipient.

In the agreement, which Facebook signed to end an investigation into privacy breaches, the company promised not to misrepresent the extent to which it maintains the privacy or security of personal information, and it said it would obtain users» affirmative consent before sharing personal information with any third party.

«Leidel does not seek to enforce the terms of the User Agreements, nor does he allege any tort rooted in an allegation that Defendant breached or facilitated a breach of any obligation uniquely imposed by those aAgreements, nor does he allege any tort rooted in an allegation that Defendant breached or facilitated a breach of any obligation uniquely imposed by those agreementsagreements.

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.

RMG reserves the right to immediately terminate your use of, or access to, this Site at any time if RMG decides at its sole discretion that you have breached this Agreement or any relevant law, rule or regulation or you have engaged in conduct that RMG considers to be inappropriate or unacceptable.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, OUR LIABILITY TO YOU IN RESPECT OF ANY LOSS OR DAMAGE SUFFERED BY YOU AND ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR FOR BREACH OF STATUTORY DUTY OR IN ANY OTHER WAY SHALL NOT EXCEED $ 50.

You agree to indemnify and hold us, our subsidiaries, affiliates, and licensors and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys» fees, made by any third party due to or arising out of your use of the Sites, the Applications, Content or Materials in violation of this Agreement and / or arising from a breach of this Agreement and / or any breach of your representations and warranties set forth above.

Seven of the accused parties quickly reached an agreement with the OFT that saw them accept liability in principle for a breach of competition law and pay fines totaling # 160m.

In consideration of being permitted to use the Website, You agree to indemnify and hold harmless Non-GMO Project, and / or its officers, directors, employees, partners, contractors, affiliates, subsidiaries, agents, attorneys, web developers, technical support / maintenance providers, distributors, advertisers, licensors, sublicensees, and / or assigns, from any claim or demand, including reasonable attorneys» fees, expert witness fees, and court costs, made by any third party due to or arising out of Content You Post, Your use of the Website, including without limitation, Your participation in any interactive aspect of the Website, Your use of any information provided on or in connection with or obtained from the Website, Your violation of this Agreement, Your breach of any of the representations and warranties contained herein, or Your violation of any rights of anotheIn consideration of being permitted to use the Website, You agree to indemnify and hold harmless Non-GMO Project, and / or its officers, directors, employees, partners, contractors, affiliates, subsidiaries, agents, attorneys, web developers, technical support / maintenance providers, distributors, advertisers, licensors, sublicensees, and / or assigns, from any claim or demand, including reasonable attorneys» fees, expert witness fees, and court costs, made by any third party due to or arising out of Content You Post, Your use of the Website, including without limitation, Your participation in any interactive aspect of the Website, Your use of any information provided on or in connection with or obtained from the Website, Your violation of this Agreement, Your breach of any of the representations and warranties contained herein, or Your violation of any rights of anothein any interactive aspect of the Website, Your use of any information provided on or in connection with or obtained from the Website, Your violation of this Agreement, Your breach of any of the representations and warranties contained herein, or Your violation of any rights of anothein connection with or obtained from the Website, Your violation of this Agreement, Your breach of any of the representations and warranties contained herein, or Your violation of any rights of another.

Kraft Foodservice may terminate this agreement at any time and without notice to you if, in its sole judgment, you breach any term or condition of this agreement.

You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, fanatix's computer systems, or the technical delivery systems of fanatix's providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by fanatix (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Fanatix (NOTE: crawling the Services is permissible if done in accordance with the provisions of the robots.txt file, however, scraping the Services without the prior consent of fanatix is expressly prohibited); (iv) forge any TCP / IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source - identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail - bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services.

You and We agree that any and all disputes arising out of or related to this Agreement (including the performance, breach, or termination of this Agreement), your use of the Website, and / or your order or use of anything available through Orlando Stroller Rentals, LLC and / or the Website shall be governed by and in accordance with the laws of the State of Florida (exclusive of its rules regarding conflict of laws).