Sentences with phrase «jurisdiction agreement by»

Dismissing the appeal, the court held that Apex had waived its right to rely on the exclusive jurisdiction agreement by engaging in the litigation without raising a jurisdiction challenge earlier.

Not exact matches

But if an «timely agreement» can not be reached, it would go ahead with legislation dealing with its areas of jurisdiction as defined by the court.

You agree that any disputes relating to this agreement or your use of the Information, whether sounding in contract, tort, statute or otherwise, shall be governed by the laws of the State of New York and shall be subject to the exclusive jurisdiction of the courts of the State of New York located in the City and County of New York, Borough of Manhattan.

You shall not be bound by the provisions of confidentiality contained in this Agreement if such Holdings Information 1) is or becomes publicly known through no act or omission of the Financial Institution, its employees, agents or subcontractors; 2) is lawfully disclosed to you by a third party without restriction and without any obligation of confidentiality; 3) is required to be disclosed by any Governmental body, regulatory body (including without limitation any relevant securities exchange) or court of competent jurisdiction or otherwise pursuant to any statutory or regulatory obligation.

Any claims arising from this Agreement will be governed by and construed in accordance with the laws of Denmark and shall be subject to the exclusive jurisdiction of the Danish Courts.

If any term of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement, including all of the remaining terms, will remain in full force and effect as if such invalid or unenforceable term had never been included.

This Agreement shall be governed by and construed in accordance with English law and the parties hereby agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Agreement.

GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of the State of Washington, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in San Mateo County, California, U.S.A. in all disputes arising out of or relating to the use of the Challenge Success Web Site.

Issues such as drafting a co-parenting agreement, understanding what the law requires of parents, and even figuring out just who is a legal parent can vary by jurisdiction.

The Government argues performance pay can be decided by individual states and territories; with money awarded to each jurisdiction through their Gonski agreements.

The agreement settled a lawsuit filed by the attorney general to take over jurisdiction from Abelove in the ongoing investigation.

By accessing, viewing, or using the works, content, or materials on the Site, you consent and agree to (a) the exclusive jurisdiction and venue for any and all disputes arising out of this Agreement or related to the Service are in the state and federal courts located in the State of Maryland and (b) accept service of process by personal delivery or mail; and (c) irrevocably waive the right to trial by jury and any jurisdictional and venue defenses otherwise availablBy accessing, viewing, or using the works, content, or materials on the Site, you consent and agree to (a) the exclusive jurisdiction and venue for any and all disputes arising out of this Agreement or related to the Service are in the state and federal courts located in the State of Maryland and (b) accept service of process by personal delivery or mail; and (c) irrevocably waive the right to trial by jury and any jurisdictional and venue defenses otherwise availablby personal delivery or mail; and (c) irrevocably waive the right to trial by jury and any jurisdictional and venue defenses otherwise availablby jury and any jurisdictional and venue defenses otherwise available.

If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties» intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.

All matters that do or may arise, in any way relating to the use of this Web Site, are subject to and shall be governed, construed and enforced exclusively in accordance with the laws of the country of Canada, as those laws apply to contracts made in Canada, and which are wholly performed in Canada by persons domiciled in Canada and your use of this Web Site is and shall be deemed to be your irrevocable agreement to be subject to the laws and jurisdiction of the country of Canada.

Choice of Law and Jurisdiction: The use of this site and any agreements entered into through this site are to be governed by and construed in accordance with English law.

THE ARBITRATOR SHALL HAVE EXCLUSIVE AUTHORITY TO RESOLVE ANY AND ALL DISPUTES OVER THE VALIDITY AND ARBITRABILITY OF ANY PART OF THIS AGREEMENT, AND ANY AWARD BY THE ARBITRATOR MAY BE ENTERED AS A JUDGMENT IN ANY COURT HAVING JURISDICTION.

(d) Except as set forth in subparagraph (e) below, HBO and you agree that any dispute, claim or controversy arising out of or relating to the Service or your use of the Service, including the website, user interface, these Terms and this Arbitration Agreement, shall be determined on an individual basis, without class relief, by binding arbitration instead of courts of general jurisdiction.

By using this website, you consent to the exclusive jurisdiction of the state and federal courts in Montgomery County, Maryland in all disputes arising out of or relating to this agreement or this website.

Any person so employed on the basis of a written offer of a specific position by a duly authorized agent of the district school board for a stated term of service at a specified salary, and who accepted such offer by telegram or letter or by signing the regular contract form, who violates the terms of such contract or agreement by leaving his or her position without first being released from his or her contract or agreement by the district school board of the district in which the person is employed shall be subject to the jurisdiction of the Education Practices Commission.

If any provision of this Agreement is held invalid by a court or other tribunal with jurisdiction over the parties to this Agreement, that provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of this Agreement will remain in full force and effect.

If any of this Agreement is found by a court of competent jurisdiction to be unenforceable, the enforceability of the remaining provision shall not be affected or impaired.

If any provision of this Agreement is held invalid by a court with jurisdiction over the parties to this Agreement, that provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of this Agreement will remain in full force and effect.

They will tell you your lawyer messed up by not filing the reaffirmation agreement (that's not true), and that you should reopen the bankruptcy case to have the reaffirmation agreement filed (that won't be allowed in most jurisdictions).

In the event that any part of or all of any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect by a court of competent jurisdiction, including binding arbitration, such invalidity, illegality or unenforceability shall not affect any other part of or all of any provision hereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable part or all of the provision or provisions had never been contained herein.

(g) If any portion of this Agreement is deemed invalid or unenforceable by a court of competent jurisdiction, the remaining portions will remain valid, enforceable, and carried into effect, to the fullest extent permissible.

Known by various names, such as contract of purchase, purchase agreement, or sales agreement according to location or jurisdiction.

Otherwise, the applicable statute of limitations period for all provisions and purposes under this Agreement (including the right to collect debt) will be the longer period provided by Utah law or the law in the jurisdiction where you live.

If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties» intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect.

GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of the State of Washington, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in San Mateo County, California, U.S.A. in all disputes arising out of or relating to the use of the Jacaranda Animal Hospital Web Site.

GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of the State of Washington, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in King County, Washington, U.S.A. in all disputes arising out of or relating to the use of the Healthy PawsWeb Site.

GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of the State of Washington, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in San Mateo County, California, U.S.A. in all disputes arising out of or relating to the use of the Gateway Miniature Schnauzer Club Web Site.

Law and Jurisdiction Access to this website is conditional on your agreement that all information contained in it and all matters which arise between you and us will be governed by English law.

This Agreement shall be governed by the laws of the state or province of domicile of the Slow Travel Classifieds, excluding its conflict of laws rules, and you and the Slow Travel Classifieds each submit to the exclusive jurisdiction of the courts of that state or province.

To the extent that any part of this user agreement is found to be invalid, unlawful or unenforceable by any court of competent jurisdiction, such part shall to that extent be severable from the remaining terms, all of which shall remain enforceable and applicable, as permitted by law.

You hereby represent that you have the legal capacity to enter into this Agreement and you are not barred from receiving services offered by the Website under the laws of Canada, the United States or other applicable jurisdiction.

An example of this is the conflict between regions over the use of rivers for water supply and hydropower, when those rivers flow from one jurisdiction to the next and ownership of the water is not clearly established by region - wide agreements.

The courts have no jurisdiction to consider claims arising out of rights created by a collective agreement.

Given that this is the first request for a preliminary reference concerning the validity of international agreements concluded by the EU and their acts of conclusion, it also raised some new procedural questions, especially concerning the Court's jurisdiction.

In a scenario which played itself out in various European capitals the measures imposed by the Icelandic government in order to prop up its banking system potentially undermined the agreement's exclusive jurisdiction clause in favour of the English High Court as well as its governing English law provision.

However, no reasons are advanced to support the conclusion that the Chinese courts would accept jurisdiction conferred by agreement to determine infringement of UK patents and to set a global FRAND rate.

Courts and commentators have consistently considered that «matters» refers to the subject matter that is encompassed by the arbitration agreement and thus subject to the jurisdiction of the arbitral tribunal that issued the award in question.812

Finally, employers operating in multiple jurisdictions will be best served by drafting their employment agreements to reflect not only differences in applicable employment standards, but also judicial rulings in the particular province.

Under the Convention, the choice of a place of arbitration by the parties is not to be construed as an agreement to adopt the procedural rules of that jurisdiction.

Parties have brought successful challenges to enforcement of arbitral awards under article V (1)(c) in several jurisdictions on the grounds that the arbitral award addressed a party that was not bound by the arbitration agreement.

Doing so will further enhance the flexibility and cost - effectiveness of a PRPP by allowing it to include members from multiple jurisdictions, but bringing the provinces within the federal tent requires a multi-lateral agreement between the governments of Canada and participating provinces.

The only way (in either jurisdiction) to make the parties» intentions clear is to enter into a written cohabitation agreement drafted by a specialist family law solicitor.

Their validity in prenuptial agreements that preclude the jurisdiction of Japanese courts will likely be upheld if the matter in question is not within the exclusive jurisdiction of the Japanese courts, and if the court designated by the agreement would have jurisdiction over the matter in question, independently, under the law applicable in that forum.

Rules regarding the appointment of officers vary by jurisdiction and can change depending on a corporation's By - laws, Articles of Incorporation, and any Unanimous Shareholder Agreement that may be in placby jurisdiction and can change depending on a corporation's By - laws, Articles of Incorporation, and any Unanimous Shareholder Agreement that may be in placBy - laws, Articles of Incorporation, and any Unanimous Shareholder Agreement that may be in place.

You acknowledge and agree that this terms of service agreement shall be governed by and construed in accordance with the internal laws of the State of Missouri, excluding conflict of laws provisions thereof that would indicate the application of the laws of any other jurisdiction and you hereby submit to exclusive jurisdiction in the federal and state courts of Missouri.

On top of that, when parties settle their respective rights by way of an agreement, they are taking control of the outcome of their case and, in some circumstances, could potentially come up with resolutions that a court might not have the jurisdiction to make.