Sentences with phrase «material breach of»

Either party may terminate these Agent Terms upon written notice to the other party if the other party is in material breach of any provision of these Agent Terms and: (a) such breach has not been cured within fourteen (14) days after receiving written notice thereof from the terminating party; or (b) if such breach can not reasonably be cured within such fourteen (14) day period, the breaching party has not commenced to remedy such breach within such period and diligently endeavored to cure such breach within a reasonable time thereafter.

It could cost you money, it could even be a material breach of the lease.

If the lease requires renters insurance, and you don't maintain the coverage to indemnify the property owner for damage you cause to their building, that's a material breach of the lease and can be handled just like any other material breach of the lease.

Absent a habitability issue or a material breach of your lease, you can not break your lease without consequences.

The letter also says the company has registered its strong protest after A-I decided to open all the bids, saying this was a material breach of the letter and spirit of the tender.

Despite repeated promises, no guidance has as yet been issued by the SRA about what might constitute a material breach of the SRA Handbook.

A covered entity would have been in violation of this rule if the covered entity knew or reasonably should have known of a material breach of the contract by a business associate and it failed to take reasonable steps to cure the breach or terminate the contract.

Some commenters stated that covered entities should be liable only when they have actual knowledge of the material breach of the privacy rules by the business partner.

The rule now stipulates, however, that if the covered entity is unable to cure a material breach of the business associate's obligation under the contract, it is expected to terminate the contract, when feasible.

«This agreement may be terminated: (a) by either licensor or Artpower with immediate effect if the other commits a material breach of any term of this agreement which... shall not have been remedied within... [30] working days of the receipt by the other [half] of a written notice identifying the breach and requiring its remedy... (b)... (c) by Artpower upon notice with immediate effect if:... [emphasis added].»

For more information about what is considered a material breach of contract and how you should proceed if you have been affected by such a breach, contact a U.S. Virgin Islands contract lawyer.

Known as Fee for Intervention (FFI), the scheme began to operate on 1st October and will enable the HSE to recover costs where there has been a material breach of health and safety law.

A tier 1 disclosure obligates organizations to report «any material breach of security safeguards» to the Commissioner (proposed sub-section 10.1 (1)-RRB-.

Termination of the employment of the owner manager for a material breach of his employment contract.

A party is not entitled to enjoin the breach of a contract by another, unless he himself has performed what the contract requires of him so far as possible; if he himself is in default or has given cause for nonperformance by defendant, he has no standing in equity... Having committed the first breach, the general rule is that a material breach of the Agreement allows the non-breaching party to treat the breach as a discharge of his contract liability.

Termination of the employment of the owner manager other than for a material breach of his employment contract.

If yes; (ii) is it a material breach of duty?

A honest mistake in failing to pay can still be a material breach of a contract justifying termination of the contract.

The fact that the EUSFTA does not explicitly allow for cross-suspension (for instance, suspending the reduced tariff rates for certain categories of imported goods in the event of a breach of one of the environmental provisions), did not deter the Court from finding that a breach of Chapter 13 could constitute a material breach of the Treaty and therefore authorising the Parties to suspend the agreement under international treaty law.

Termination / exit: If you are acting for the service provider, you may want to go beyond permitting termination for a material breach of the agreement (which is so broad) and actually define the types of breaches that trigger a termination right for either party, to ensure some stability and transparency.

For the Court, therefore, non-compliance with provisions in this chapter could constitute a material breach of the agreement.

Could a material breach of contract be used to get an arbitration agreement thrown out?

8.1 If a Member has committed a material breach of any of the Terms and Conditions or has failed to pay any money due under Qantas Frequent Flyer, or Qantas Club or Qantas Business Rewards by the due date, whether intentionally or otherwise, then Qantas Loyalty may do any one or more of the following:

an independent valuation of properties used for loan security is obtained before making or renewing a loan and within two months of directors forming a view of a likelihood that a security property value decrease may have caused a material breach of a loan covenant, and

If the lease requires renters insurance, and you don't maintain the coverage to indemnify the property owner for damage you cause to their building, that's a material breach of the lease and can be handled just like any other material breach of the lease.

It could cost you money, it could even be a material breach of the lease.

(a) is in material breach of its obligations hereunder and such breach is incapable of remedy or is not remedied (if capable of remedy) within thirty (30) days of receipt of written notice specifying the breach and requiring it to be remedied;

Where they deem there is a material breach of a legislative duty, they can then charge for all of their time at # 124 + VAT per hour.

Your failure to reasonably comply with Single Women International» efforts to audit your compliance with this Agreement shall constitute a material breach of this Agreement.

Either party may terminate this contract during the term with immediate effect upon written notice to the other party if the other party commits a material breach of this contract and the defaulting party fails to remedy such breach within 14 days of being given written notice to do so.

Suddenly he concluded war was legal, because Iraq was in material breach of resolution 1441.

Any unauthorised use terminates the permission or licence granted by World Rugby and shall constitute a clear and material breach of these terms and conditions.

And perhaps Wright is unaware of UN Resolution 1441, which was passed unanimously, found Iraq in material breach of its obligations, and warned Iraq of «serious consequences» (which all parties understood to mean war) for continued violations.

To the extent that we are unable to make payments under the Tax Receivable Agreement for any reason, such payments generally will be deferred and will accrue interest until paid; provided, however, that nonpayment for a specified period may constitute a material breach of a material obligation under the Tax Receivable Agreement and therefore accelerate payments due under the Tax Receivable Agreement.

«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.

These risks and uncertainties include: fluctuations in U.S. and international economies and currencies, our ability to preserve, grow and leverage our brands, potential negative effects of material breaches of our information technology systems if any were to occur, costs associated with, and the successful execution of, the company's initiatives and plans, the acceptance of the company's products by our customers, the impact of competition, coffee, dairy and other raw material prices and availability, the effect of legal proceedings, and other risks detailed in the company filings with the Securities and Exchange Commission, including the «Risk Factors» section of Starbucks Annual Report on Form 10 - K for the fiscal year ended September 28, 2014.

Material breaches of the code which are not serious or persistent — which are not a breach of r 15 but may be evidence of inadequate professional services; and

That the Privacy Act be amended to create an explicit requirement for government institutions to report material breaches of personal information to the Office of the Privacy Commissioner of Canada in a timely manner.

Not exact matches

Judge slams deception by Hardie board Ten former directors and executives of building materials group James Hardie have been found to have breached their duties by making misleading statements about the firm's ability to pay asbestos compensation, in a decision that has wide - ranging implications for company boards.

They're made of concrete, steel, and other materials, and designed to withstand even the most persistent breaching tools and intrepid climbers.

You agree to defend, indemnify and hold harmless NBCUniversal, its affiliates and their respective directors, officers, employees and agents from and against any and all claims, demands, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable legal fees and costs) arising out of or accruing from (a) any breach of these terms, including any of the foregoing provisions, representations or warranties, and / or from your placement or transmission of any content onto NBCUniversal's servers, and / or from any and all use of your account; (b) any material posted or otherwise provided by you (including without limitation User Content), or any other subscriber or user of your account that infringes any intellectual property right of any person or entity or defames any person or violates their rights of publicity or privacy; (c) any misrepresentation made by you in connection with your use of the online services; and (d) any breach of any of the representation, warranties or other terms or conditions relating to use of your User Content or the online services.

According to a contract law expert, the matter is likely to turn on whether R3's failure to inform Ripple about the departure of partners like Goldman Sachs amounts to a «material breach.»

In October, Verizon's top lawyer Craig Silliman said the company has a «reasonable basis» to believe that Yahoo's earlier data breach of at least 500 million email accounts represents a material impact that could allow Verizon to withdraw from the merger.

Among the factors that could cause actual results to differ materially are the following: (1) worldwide economic, political, and capital markets conditions and other factors beyond the Company's control, including natural and other disasters or climate change affecting the operations of the Company or its customers and suppliers; (2) the Company's credit ratings and its cost of capital; (3) competitive conditions and customer preferences; (4) foreign currency exchange rates and fluctuations in those rates; (5) the timing and market acceptance of new product offerings; (6) the availability and cost of purchased components, compounds, raw materials and energy (including oil and natural gas and their derivatives) due to shortages, increased demand or supply interruptions (including those caused by natural and other disasters and other events); (7) the impact of acquisitions, strategic alliances, divestitures, and other unusual events resulting from portfolio management actions and other evolving business strategies, and possible organizational restructuring; (8) generating fewer productivity improvements than estimated; (9) unanticipated problems or delays with the phased implementation of a global enterprise resource planning (ERP) system, or security breaches and other disruptions to the Company's information technology infrastructure; (10) financial market risks that may affect the Company's funding obligations under defined benefit pension and postretirement plans; and (11) legal proceedings, including significant developments that could occur in the legal and regulatory proceedings described in the Company's Annual Report on Form 10 - K for the year ended Dec. 31, 2017, and any subsequent quarterly reports on Form 10 - Q (the «Reports»).

Akorn — German drugmaker Fresenius pulled out its $ 4.75 billion deal to buy the U.S. generic drugmaker, saying it had found «material breaches» of Food and Drug Administration data integrity requirements at Akorn.

Fresenius (FMS) pulled out its $ 4.75 billion deal to buy U.S. generic drug - maker Akorn (AKRX), saying it had found «material breaches» of FDA data integrity requirements at Akorn, which disputes those claims.

Illegal insider trading is, roughly, trading on material nonpublic information that is disclosed to you «in breach of a fiduciary duty or other relationship of trust and confidence.»

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.

Leaving aside materiality — and I guess there's some question as to whether a court would find it material that Jana Partners is building an activist stake, though maybe not much of one — there's no breach of a duty if Jana «officially» decides to leak its information to other hedge funds.