The court next considered whether the bankruptcy court's ruling that the Seller was equitably estopped from arguing that since he could not cure all of the title defects prior to closing without
incurring substantial costs, the Purchaser was not entitled to specific performance.
As opposed to «allowing» the use of retired lawyers where one party could be
incurring substantial costs while the other incurs none - therefore having no real «incentive» to resolve the issue as it then just becomes about their time.
Look at this video about «Benny» who started developing chronic problems at only 8 months of age (elbow dysplasia, bilateral ACL tears, allergies, infections)
incurring substantial costs to the owner (over $ 40,000) of which over $ 33,000 has been reimbursed.
Since most of the measures required to slow the warming, from greatly increasing energy efficiency to land reform in poor nations, would carry other great benefits, and since the probability of unprecedented change appears to be in the vicinity of 50 percent, a very large social effort, one
incurring substantial costs, seems to us not simply justified but virtually mandatory.
(2) We don't want to
incur the substantial costs — both of getting public and being public in terms of compliance, filings, etc. — and we don't need the management distractions.
In addition, it is possible that future orders issued by, or enforcement actions initiated by, regulatory authorities could cause us to
incur substantial costs or require us to change our business practices in a way that could seriously harm our business.
Organic agriculture often
incurs substantial costs.
As a result, the parties had already
incurred substantial costs by the time the mediation took place and no agreement was reached.
Furthermore, the costs of child and adolescent mental health can be substantial with a recent study estimating total annual costs of emotional disorders in the UK at # 1165 per person in 2007/2008 prices.12 Individuals treated for depression during childhood can continue to
incur substantial costs into adulthood.13 These considerations should be contemplated when making resource allocation decisions.
Unfortunately, many EB - 5 programs commence without any real feasibility planning and then fail in the marketplace after
incurring substantial cost for execution that was devoid of design for success.
His wife Cabrini, and sons Virgil and Sergei, took turns staying with Frank in his hospital room since the incident and have
incurred substantial costs travelling to and from the centre on a weekly basis, says Hild.
Not exact matches
Because you're being compared to the
substantial internal
costs and additional headcount (which will likely be a multiple of what you've spent or hired) which any acquirer would have to
incur in order to replicate your product or service, even if they are already essentially in your space or business.
Furthermore, every case that involved NPS offences would require the suitably qualified medical expert to provide their evidence in court, which would no doubt
incur a
substantial financial
cost in order to secure their services.»
Meanwhile this move is almost free for Amazon since desktop application doesn't
incur high
cost of wireless access (users have to provide the Internet) which is
substantial for Amazon.
A job search can generate a
substantial amount of expense when you start adding up printing
costs, travel
costs, and expenses
incurred from networking.
If you are eligible for an HSA, in relatively good health, and you or your employer are able to make regular contributions to your account, you can gain
substantial tax benefits over time and eventually withdraw the funds for medical
costs or out - of - pocket
costs that you're likely to
incur during retirement.
Keep in mind that all this frequent buying and selling
incurs a
substantial amount of transaction
costs, which can eat away at available profits.
8) Exit
costs - if you will
incur substantial capital gains taxation liability if you sell your property investment for profit, will that render the investment profitless?
What can prevent an investor from selling can be fear of the tax implications of selling at a
substantial gain,
costs incurred by commissions, anxiety of missing perceived future gains or uncertainty of where to place cash in an environment of continuing market highs or cash low returns.
There are
substantial costs that China
incurs for its use of dirty energy that have nothing to do with global embarrassment or their contribution to global warming.
Instead, before
substantial costs are
incurred on third parties, the supporting research must be shown to have been done right.
It is not to
incur substantial and irrecoverable
costs on a long shot bet.
To show causation, the petroleum group must demonstrate a «
substantial probability» that the E15 will cause at least one of its members to
incur higher
costs.
Cutting edge data centers of the future will require less of a physical human presence, and are likely to: â $ cents Rely on a VIL to optimize equipment management and provide for virtual remote control capable of instant changes, switches and adds â $ cents Achieve LEED certification for the physical building â $ cents Rely on more efficient water cooling that potentially takes advantage of an on - site tower to chill water for cooling the system (thus reducing energy consumption by using nature's natural cooling power to chill water) â $ cents Use fluid dynamics models to precisely design the interior of the building to maximize the efficiency of the HV / AC system for air - cooled computing systems â $ cents Tap into a mixed energy grid that relies on green energy sources such as solar, wind or hydroelectric (depending on geographic feasibility), along with a reliable city grid thus avoiding the need for the standard back - up Uninterruptible Power Supply (which will reduce equipment
costs, minimize floor space used, and increase energy efficiency because systems that employ a UPS convert AC to DC and back,
incurring substantial energy losses).
ECA allows for strategic decisions, such as settle or litigate, before
incurring the significant
cost of
substantial discovery.
First Capital's
costs would violate the principle of proportionality because they'd amount to more than 50 per cent of the
substantial indemnity
costs of $ 709,000
incurred by the plaintiffs in defending all five summary judgment motions.
Whether you are hurt in a trip or slip and fall incident, an animal attack, or a motor vehicle accident, you will likely
incur substantial medical
costs.
it was inconceivable that the matter would have been allocated to the multi-track but for the
substantial counterclaim; and Linbrooke's conduct in pursuing that counterclaim therefore resulted in Mr Peakman
incurring substantially greater
costs than he would have done if the claim had proceeded on the small claims track — the judge's order entirely failed to recognise this.
The donors were assessed penalties and interest, and they
incurred substantial legal
costs.
Therefore, the High Court passed undertakings by which traders committed not to «create the false impression that the consumer has already won, will win or will on doing a particular act win, a prize or equivalent benefit, when in fact taking any action recommended by the [trader] in relation to claiming the prize or other equivalent benefit is subject to the consumer paying money or
incurring a
cost which is either: (a) a
substantial proportion of the unit
cost to the defendant of the provision to the consumer of the thing described as a prize or other equivalent benefit; or (b) in the case of a charge stated to be for delivery and insurance, used by the defendant to finance in whole or in part its acquisition, handling or other
cost of the making available of that thing, other than the actual
cost of its delivery to the consumer and insurance (if any) in transit» (account rendered by the CJEU in C - 428 / 11 at para 20, emphasis added).
But
substantial reductions to the
costs actually
incurred by plaintiffs is not an appropriate mechanism to achieve access to justice.
The Claimants have
incurred very
substantial costs in prosecuting their claims in the Arbitration and defending the KRG's (now dismissed) counterclaims.
The amount of time, effort and energy a lawyer has to put into the investigation and
incurring costs of professionals to look at the black box on the truck» or spend the discovery for litigation, is
substantial.
Ms. Josef's challenge continued in 2006 and
substantial costs were
incurred in preparing the application.
All
costs incurred by Party A after the Rule 49 offer on January 1, including the
costs of trial, are to be paid on a
substantial indemnity basis.
(4) attempting to unduly minimize the quantum of otherwise usual amounts of
costs including
substantial indemnity
costs on the basis of proportionality, would be, in my view, to sanction under compensation of Plaintiffs for
costs legitimately
incurred to make many lawsuits uneconomic and could generally discourage Plaintiffs with modest claims, even if valid from pursuing them.
In the case of a Plaintiff, where the Plaintiff makes an offer to settle and where the judgment ultimately obtained is as or more favourable than said offer, the Plaintiff will be entitled to
costs on a partial indemnity basis (usually around 60 % — 65 % of the total legal fees and reasonable disbursements
incurred) to the date on which the offer was made, in addition to
costs on a
substantial indemnity basis (usually around 90 % of the total legal fees and reasonable disbursements
incurred) thereafter.
Although the regulations offer no formula for calculation, regs 6 and 7 state that an agent is entitled to compensation for: - the damage he suffers as a result of termination of the relationship; and - the damage is deemed to have occurred if the termination takes place in circumstances where: - the agent is deprived of commission which would have been due had proper performance of the agency continued while providing the principal with
substantial benefits linked to the agent's activities; and / or - in circumstances which prevent the agent from amortising the
costs and expenses
incurred in the performance of the agency on the advice of the principal.
Besides the
substantial medical bills often
incurred, there are lots of everyday
costs that need to be addressed.
If you are unfortunate to be involved in an accident while on holiday, you may have to pay for expensive medical treatment, and
incur substantial additional accommodation or travel
costs.
The final rule addresses the concerns expressed by many settlement agent commenters about
substantial compliance
costs that they would
incur in exchanging information and in coordinating with creditors.