Sentences with phrase «limitation set forth»

If Customer exceeds any usage limitation set forth in the License Agreement, IEC will invoice Customer for the overages in arears.

-- In any criminal action, civil action, or administrative proceeding, a State regulating the growing and processing of industrial hemp under State law shall have exclusive authority to determine whether any such plant meets the concentration limitation set forth in subparagraph (B) of paragraph (16) of section 102 and such determination shall be conclusive and binding.».

We also intend to enter into a Registration Rights Agreement pursuant to which the shares of Class A common stock issued to the Continuing SSE Equity Owners upon redemption of LLC Interests and the shares of Class A common stock issued to the Former SSE Equity Owners in connection with the Transactions will be eligible for resale, subject to certain limitations set forth therein.

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Even so, these powers are subject to a variety of limitations set forth in the New York State Constitution and a slew of state laws.

«Mixed martial arts» means unarmed combat involving the use, subject to any applicable limitations set forth in these Unified Rules and other

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Subject to the limitations set forth below, this means that if a bank holding a Custodial Account fails, you should be insured by the FDIC up to the per - depositor coverage limit then in place (currently $ 250,000 in most instances).

If you exceed the transfer limitations set forth above in any statement period, your account will be subject to closure by the financial institution.

Based upon and subject to the foregoing, including the various assumptions and limitations set forth herein, it is our opinion that, as of the date hereof, the Consideration is inadequate, from a financial point of view, to the Stockholders.

If you exceed the transfer limitations set forth above in any statement period, your account will be charged a $ 10 fee for each item in excess of the six, and be subject to closure by the financial institution.

The Nominating Committee may conduct its business in person, by telephone conferences and / or videoconferences, and / or by the means and subject to the limitations set forth in Article II, Section 4 for the Board to conduct its business.

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Subject to the terms of this Agreement, You are granted a limited, nontransferable, royalty - free license to redistribute and sublicense the use of the Programs solely to Authorized End - Users: in object code form only; (ii) as embedded within Your Integrated Product for internal company use, hosted applications, websites, commercial solutions deployed at Your Authorized End Users sites, or shrink - or click - wrapped software solutions; and (iii) pursuant to an end user license agreement or terms of use that: imposes the limitations set forth in this paragraph on Your Authorized End - Users; prohibits distribution of the Programs by Your Authorized End - Users; limits the liability of Your licensors or suppliers to the maximum extent permitted by applicable law; and prohibits any attempt to disassemble the code, or attempt in any manner to reconstruct, discover, reuse or modify any source code or underlying algorithms of the Programs, except to the limited extent as is permitted by law notwithstanding contractual prohibition.

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

The Supreme Court disagreed with the Federal Circuit's attempt to differentiate the limitations set forth in Section 286 from other statutes of limitations.

California's statute of limitations set forth a deadline before filing a lawsuit.

Face amounts can be any amount subject to certain specific limitations set forth by the insurance company.

At the same time, law enforcement has attempted use them while avoiding many of the traditional limitations set forth in the Constitution, like individualized warrants.

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Once the sUAS Rule becomes effective on August 29, 2016, and provided a person operates the sUAS within the limitations set forth in the rule, an exemption or waiver will no longer be required prior to operating a sUAS (see question 23).

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Not exact matches

(a) Schedule 2.7 (a) of the Disclosure Schedule contains a list setting forth each employee benefit plan, program, policy or arrangement (including any «employee benefit plan» as defined in Section 3 (3) of the Employee Retirement Income Security Act of 1974, as amended («ERISA»)(«ERISA Plan»)-RRB-, including, without limitation, employee pension benefit plans, as defined in Section 3 (2) of ERISA, multi-employer plans, as defined in Section 3 (37) of ERISA, employee welfare benefit plans, as defined in Section 3 (1) of ERISA, deferred compensation plans, stock option plans, bonus plans, stock purchase plans, fringe benefit plans, life, hospitalization, disability and other insurance plans, severance or termination pay plans and policies, sick pay plans and vacation plans or arrangements, whether or not an ERISA Plan (including any funding mechanism therefore now in effect or required in the future as a result of the transactions contemplated by this Agreement or otherwise), whether formal or informal, oral or written, under which (i) any current or former employee, director or individual consultant of the Company (collectively, the «Company Employees») has any present or future right to benefits and which are contributed to, sponsored by or maintained by the Company or (ii) the Company or any ERISA Affiliate (as hereinafter defined) has had, has or may have any actual or contingent present or future liability or obligation.

Subject to the lock - up agreements described above, other contractual lock - up obligations set forth in the grant agreements under each such plan and any applicable vesting restrictions, shares registered under these registration statements will be available for resale in the public market immediately upon the effectiveness of these registration statements, except with respect to Rule 144 volume limitations that apply to our affiliates.

Murphy's reply provides perceptive criticism of the limitations of originalism but fails to set forth any other method of interpretation that would prevent judicial oligarchy.

School boards are not free to conduct their affairs autonomously; they can act only within the limitations and in accordance with the standards and requirements set forth by the state.

Oscillating back and forth between monotony with its false security and chaos with its absence of limitation we either set ourselves up as omnipotent over a diminished territory or else we shrink the world into ourselves.

In the event this agreement is terminated, the restrictions regarding Materials appearing on the site, and the representations and warranties, indemnities and limitations of liabilities set forth in this agreement shall survive any such termination.

In the event of termination, you are no longer authorized to access the message boards, and the restrictions imposed on you with respect to material downloaded from the message boards, the disclaimers and limitations of limitations of liabilities set forth in this Agreement, shall survive.

The arbitrator will not have the power to award damages in excess of the limitation on actual compensatory, direct damages set forth in the Terms and may not multiply actual damages or award punitive damages or any other damages that are specifically excluded under the Terms, and each party hereby irrevocably waives any claim to such damages.

Founding Moms grants you the rights set forth herein, subject to the following conditions: (i) you shall not modify, disassemble, reverse engineer or otherwise reduce to human - perceivable form all or any part of the Services; (ii) you agree not to submit or transmit any emails or materials through the Services that contain a virus, worm, Trojan horse or any other harmful component; (iii) you shall not obtain or attempt to obtain any data through any means from the Services, except if we intend to provide or make it available to you; (iv) you shall not copy or imitate part or all of the design, layout, or look - and - feel of the Services or individual sections of it, in any form or media; (v) you are responsible for the accuracy and quality of the data and content that you submit; (vi) you shall not submit content that is offensive, including without limitation, bigotry, racism, discrimination, hatred, or profanity; (vii) you will use commercially reasonable efforts to prevent unauthorized access to and / or use of the Services, and to notify Founding Moms promptly of any such unauthorized access and / or use; and / or (viii) you shall not use the Services for any unlawful purpose or to violate any federal, state, international law, code of conduct or other guidelines which may be applicable to the Services provided.

You represent and warrant that: (i) you own the Photos you tag using the hashtag #southmoonunder or otherwise have the right to grant the rights and licenses set forth in these terms and conditions; (ii) the posting and use of your Photos on South Moon Under's page or timeline on Twitter, Instagram, or Faceook and on the website located at southmoonunder.com, does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and / or other intellectual property rights; and (iii) you have the legal right and capacity to enter into these terms and conditions.

Should regulations and laws evolve which impose limitations and restrictions on DatingBits.Com's collection and use of such data (beyond the limitations DatingBits.Com already imposes upon itself, as these are set forth in this Privacy Policy), DatingBits.Com will be pleased to abide by such laws and / or regulations.

The Services and Content accessible through the Application are also protected by intellectual property and other laws in the U.S. and in other countries, and are subject to limitations on your use thereof, as set forth more fully in the Showtime Networks Terms.

In no event shall Global Educational Excellence, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

The term «Federal share» means 80 per centum, except that it shall mean 90 per centum for the purposes of part C of title I of this ACT and as specifically set forth in section 301 (b)(3): Provided, That with respect to * payments pursuant to part B of title I of this ACT to any State which are used * to meet the costs of construction of those REHABILITATION facilities identified in section 103 (b)(2) in such State, the Federal share shall be the percentages determined in accordance with the provisions of section 301 (b)(3) applicable with respect to that State and that, for the purpose of determining the non - Federal share with respect to any State, expenditures by a political subdivision thereof or by a local agency shall, subject to such limitations and conditions as the Secretary shall by regulation prescribe, be regarded as expenditures by such State.

A statute of limitations is a statute in a common law legal system that sets forth the maximum period of time, after certain events, that legal proceedings based on those events may be initiated.

The Services are subject to transaction limitations and the Funds Availability Disclosure, as set forth in below, as well as in your initial Membership Agreement.

(f) The Service Agreement set forth in this Agreement constitute our entire agreement relating to the subject matter hereof, and any additional or different terms or conditions set forth in any other document, including without limitation any correspondence or purchase order, shall be of no effect.

Except as set forth in subsection (a), no action may be brought by the debtor under this section based upon a violation of any provision of this chapter more than two years after the date the violation occurred; provided, however, this limitation shall not bar a debtor from asserting a violation of this chapter in an action brought by the creditor, as a matter of defense by recoupment or setoff in such action, if otherwise allowed by law.

Pursuant to the Advisory Agreement, the Adviser, under the supervision of the Board of Trustees, agrees to invest the assets of each Fund in accordance with applicable law and the investment objective, policies and restrictions set forth in each Fund's current Prospectus and Statement of Additional Information, and subject to such further limitations as the Trust may from time to time impose by written notice to the Adviser.

Also, policies and limitations that state a maximum percentage of assets that may be invested in a security or other asset, or that set forth a quality standard, shall be measured immediately after and as a result of a fund's acquisition of such security or asset unless otherwise noted.

The following investment strategies, risks and limitations supplement those set forth in the prospectus and may be changed without shareholder approval unless otherwise noted.

Without the explicit consent of PetSmart Charities or otherwise as set forth in these Terms of Use, no Material from the Sites (including, without limitation, the Marks), may be copied, reproduced, displayed, republished, downloaded, posted, digitized, translated, modified, transmitted, distributed or commercially exploited in any way.

In the event that Blue Buffalo denies you access to the Services in any way, the provisions in these Terms governing any copyright and other intellectual property rights, and the disclaimers, indemnities, and limitations of liabilities set forth in these Terms shall survive such denial.

In the event of termination, you are no longer authorized to access the Slow Travel Classifieds, including the Interactive Areas, and the restrictions imposed on you with respect to Content downloaded from the Slow Travel Classifieds, as well as the disclaimers and limitations of liabilities set forth in this agreement, shall survive.

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.

4.1 Where you are invited to submit any contribution to the Site (including without limitation any text, graphics, video or audio) you are required by such submission to grant WRAP a perpetual, royalty - free, non-exclusive, sub-licenseable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, and exercise all copyright and publicity rights with respect to any such work worldwide and / or to incorporate it in other works in any media now known or later developed for the full term of any rights that may exist in such content, consistent with privacy restrictions set forth in WRAP's Privacy Policy.

No local ordinance adopted pursuant to the MPC or the Flood Plain Management Act shall contain provisions which impose conditions, requirements or limitations on the same features of oil and gas operations regulated by Chapter 32 or that accomplish the same purposes as set forth in Chapter 32.

As such, the 407 ETR can't rely upon the 15 - year limitation period set forth in the Transponder Lease Agreement, as the 407 ETR does not fall within the exception set forth in s. 22 (5)(1) of the Limitations Act given that it only applies in respect of business agreements.