Sentences with phrase «obligations to consider»

As this and other cases show, the positive obligations to consider settlement and engage in mediation require parties and counsel to do so in good faith, but not necessarily to compromise their legal position, no matter how wrong it may ultimately be.

B.C.'s new NDP government is trying to block expansion of the Trans Mountain in court by arguing that Ottawa failed to evaluate the project's risks to the marine environment, which B.C. says is a breach of its obligation to consider the national interest.

Do celebrities with Beyoncé's massive influence on young kids have a moral obligation to consider the horrendous impact of excessive soda consumption in our culture when they mull over megabuck branding opportunities?

Creditors have no legal obligation to consider settlements, so there is no guarantee that the settlement firm will be successful.

The insurance adjuster responding to your claim has an obligation to consider all aspects of your claim when making decisions.

STANLEY BURNTON LJ: The issues for determination were: (i) whether the rule requiring payment of the standard case fee was unreasonable and unlawful; (ii) whether or not the ombudsman was under an obligation to consider dismissal of all complaints under DISP 3.3; (iii) whether the ombudsman could lawfully delegate consideration and exercise of the power under DISP 3.3 to a suitably qualified member of staff; (iv) whether the district judge had been entitled to find that each of the complaints had been considered for summary dismissal, albeit by a consumer consultant; (v) if a complaint was not lawfully considered for summary dismissal, and as a result was investigated, and after investigation determined by the ombudsman adversely to the complainant, whether the firm was nonetheless liable to pay the standard case fee; and (vi) whether the answer to (v) depended on whether the complaint should have been dismissed under DISP 3.3.

He held that the ombudsman had an obligation to consider summary dismissal of every complaint, and could not delegate that obligation.

In such cases the courts are not under an obligation to consider the proportionality of making an order for possession.

The Salon had an obligation to consider Bohay's situation, including her otherwise stellar employment record, her personal problems and testimony that her outburst was out of character.

The Federal Court of Appeal held that whether an adjudicator has a legal obligation to consider an argument is part of his or her duty of procedural fairness — which is assessed by the courts on a standard of correctness.

But when Chief District Judge Linda R. Reade of the U.S. District Court for the Northern District of Iowa disregarded her obligation to consider Rubashkin's grounds for mercy and instead just sentenced him to 27 years behind bars, she left the appellate judges who examined Rubashkin's case with no means for determining whether the penalty she imposed was fair, just or reasonable.

To offset costs, an organization has an obligation to consider any outside sources of funding it can obtain to make the accommodation.

By placing parties under a statutory obligation to consider mediation from the outset, the Act should also assist with removing any perception that a proposal to mediate might somehow be seen as a sign of weakness on the part of one of the parties.

Not exact matches

Important factors that could cause actual results to differ materially from those reflected in such forward - looking statements and that should be considered in evaluating our outlook include, but are not limited to, the following: 1) our ability to continue to grow our business and execute our growth strategy, including the timing, execution, and profitability of new and maturing programs; 2) our ability to perform our obligations under our new and maturing commercial, business aircraft, and military development programs, and the related recurring production; 3) our ability to accurately estimate and manage performance, cost, and revenue under our contracts, including our ability to achieve certain cost reductions with respect to the B787 program; 4) margin pressures and the potential for additional forward losses on new and maturing programs; 5) our ability to accommodate, and the cost of accommodating, announced increases in the build rates of certain aircraft; 6) the effect on aircraft demand and build rates of changing customer preferences for business aircraft, including the effect of global economic conditions on the business aircraft market and expanding conflicts or political unrest in the Middle East or Asia; 7) customer cancellations or deferrals as a result of global economic uncertainty or otherwise; 8) the effect of economic conditions in the industries and markets in which we operate in the U.S. and globally and any changes therein, including fluctuations in foreign currency exchange rates; 9) the success and timely execution of key milestones such as the receipt of necessary regulatory approvals, including our ability to obtain in a timely fashion any required regulatory or other third party approvals for the consummation of our announced acquisition of Asco, and customer adherence to their announced schedules; 10) our ability to successfully negotiate, or re-negotiate, future pricing under our supply agreements with Boeing and our other customers; 11) our ability to enter into profitable supply arrangements with additional customers; 12) the ability of all parties to satisfy their performance requirements under existing supply contracts with our two major customers, Boeing and Airbus, and other customers, and the risk of nonpayment by such customers; 13) any adverse impact on Boeing's and Airbus» production of aircraft resulting from cancellations, deferrals, or reduced orders by their customers or from labor disputes, domestic or international hostilities, or acts of terrorism; 14) any adverse impact on the demand for air travel or our operations from the outbreak of diseases or epidemic or pandemic outbreaks; 15) our ability to avoid or recover from cyber-based or other security attacks, information technology failures, or other disruptions; 16) returns on pension plan assets and the impact of future discount rate changes on pension obligations; 17) our ability to borrow additional funds or refinance debt, including our ability to obtain the debt to finance the purchase price for our announced acquisition of Asco on favorable terms or at all; 18) competition from commercial aerospace original equipment manufacturers and other aerostructures suppliers; 19) the effect of governmental laws, such as U.S. export control laws and U.S. and foreign anti-bribery laws such as the Foreign Corrupt Practices Act and the United Kingdom Bribery Act, and environmental laws and agency regulations, both in the U.S. and abroad; 20) the effect of changes in tax law, such as the effect of The Tax Cuts and Jobs Act (the «TCJA») that was enacted on December 22, 2017, and changes to the interpretations of or guidance related thereto, and the Company's ability to accurately calculate and estimate the effect of such changes; 21) any reduction in our credit ratings; 22) our dependence on our suppliers, as well as the cost and availability of raw materials and purchased components; 23) our ability to recruit and retain a critical mass of highly - skilled employees and our relationships with the unions representing many of our employees; 24) spending by the U.S. and other governments on defense; 25) the possibility that our cash flows and our credit facility may not be adequate for our additional capital needs or for payment of interest on, and principal of, our indebtedness; 26) our exposure under our revolving credit facility to higher interest payments should interest rates increase substantially; 27) the effectiveness of any interest rate hedging programs; 28) the effectiveness of our internal control over financial reporting; 29) the outcome or impact of ongoing or future litigation, claims, and regulatory actions; 30) exposure to potential product liability and warranty claims; 31) our ability to effectively assess, manage and integrate acquisitions that we pursue, including our ability to successfully integrate the Asco business and generate synergies and other cost savings; 32) our ability to consummate our announced acquisition of Asco in a timely matter while avoiding any unexpected costs, charges, expenses, adverse changes to business relationships and other business disruptions for ourselves and Asco as a result of the acquisition; 33) our ability to continue selling certain receivables through our supplier financing program; 34) the risks of doing business internationally, including fluctuations in foreign current exchange rates, impositions of tariffs or embargoes, compliance with foreign laws, and domestic and foreign government policies; and 35) our ability to complete the proposed accelerated stock repurchase plan, among other things.

The EU considers itself at the forefront of the fight against climate change and as a bloc it's on track to meet its obligations under the Kyoto Protocol, which limits the emissions of gases that warm the planet.

In an era when the pension liabilities of local governments remain a concern, investors may want to consider the debt offered by established public enterprises — airports and utilities, for example — as an attractive alternative to lease revenue and pension obligation bonds.

Consider: Is highlighting the past as the company is doing an obligation owed to the winery's current employees?

debt obligations of the U.S. government that are issued at various intervals and with various maturities; revenue from these bonds is used to raise capital and / or refund outstanding debt; since Treasury securities are backed by the full faith and credit of the U.S. government, they are generally considered to be free from credit risk and thus typically carry lower yields than other securities; the interest paid by Treasuries is exempt from state and local tax, but is subject to federal taxes and may be subject to the federal Alternative Minimum Tax (AMT); U.S. Treasury securities include Treasury bills, Treasury notes, Treasury bonds, zero - coupon bonds, Treasury Inflation Protected Securities (TIPS), and Treasury Auctions

Google has said it is considering its options and that it already removes links to defamatory online articles, fulfiling its legal obligations to French citizens.

Our use of derivatives may increase the risks of investing in the fund by increasing investment exposure (which may be considered leverage) or, in the case of many over-the-counter instruments, because of the potential inability to terminate or sell derivatives positions and failure of the other party to the instrument to meet its obligations.

Returning to Shell Jackpine, while Canadians might be able to guess which policy factors were considered, they have no way of knowing how they were considered in light of the government's obligations pursuant to section 4 to ensure that projects «are considered in a careful and precautionary manner» and that the government exercises its powers «in a manner that protects the environment and human health and applies the precautionary principles.»

The court considers the legal relationship as a civil obligation to pay.

Investors holding floating - rate loans are considered preferred creditors relative to the issuer's other obligations: If the issuer defaults, loanholders will be paid before other investors, including bondholders.

In addition, the SSA recommends before making your decision when to retire that you calculate your future Social Security benefits, and review your retirement plan, and consider you financial needs and obligations.

Another implication is that when considering what - if interest - rate scenarios and the ability of the US government to meet its financial obligations under the different scenarios, the assumption should be made that the portion of the debt held by the Fed has an effective interest rate of zero.

We retain Personal Information that you provide us as long as we consider it potentially useful in contacting you about the Subscription Services or our other services, or as needed to comply with our legal obligations, resolve disputes and enforce our agreements, and then we securely delete the information.

VA underwriting guidelines state that applicants must have paid their obligations on time for at least the most recent 12 months to be considered satisfactory credit risks.

It depends on the interest rate of the United States Treasury bond, which is considered the «risk - free» rate because Congress can always tax people or print money to wipe out those obligations (each has its problems, but the theory here is sound).

When a student has FAFSA independent student status, the federal government considers the student's financial capacity to meet the obligations of paying for college rather than those of the parents.

The decline in GM's pension liability could be even more significant when considering the low discount rate, just 3.5 %, it uses to measure its projected benefit obligations.

A preamble to an Act can not creates rights and obligation for persons but it can and should be used in the interpretation of the Act, and especially open textured provisions of the Act such as the power of the Minister under s 2 (3)(c) to consider any matter she considers relevant when making an order to require a person to obtain a licence for the export of natural gas, crude oil or refined fuels.

We will consider it an obligation, freely assumed, to be diligent servants of God and stewards of God's world around us.

This is an imbalance that any thinker outside the generalized consensus faces: You feel obliged to read their stuff but they consider themselves under no similar obligation.

By refusing to admit the metaphor of governor into his discussion, Meeks relieves himself of the obligation even to consider seriously this line of argument and the attendant possibility that some form of nuclear deterrence might be acknowledged as a morally acceptable lesser evil.

This change in FCC policy did not have an immediately dramatic effect on the nature of religious programming; however, it effectively changed the structure within which religious programming was to be considered by releasing stations from any regulatory obligation to provide free air - time for the broadcast of religious programs.

Certain obligations are considered to be «sacred duties».

We can see the necessity of this categorical obligation to preserve individuality if we consider the standpoint of one who is the receiver of love from another.

The reader is invited, then, to consider five «dimensions» or «levels» of inquiry pertinent to strategic practical theology: vision, obligation, tendency / need, environmental / social and rule / role.

They did not leave this task to a specialized profession but considered it an obligation of all Christians.

Beginning with a definition of the Christian idea of responsibility they proceed to examine the erroneous or heretical forms of church responsibility and conclude with an effort to understand the positive content of the Church's social obligation by considering its functions as apostle, pastor and pioneer of humanity.

Latin American women are forced to deny the obligation of the readings of the Bible which consider that the inferiority of women comes from God's will.

«For most of our 40 - year partnership with Coles, the relationship has been a strong and mutually beneficial one but we consider that, in recent times, Coles has repeatedly breached its obligations, failed to act in good faith and taken steps that threaten the very core of our business,» Mr Foote said.

Consider: Late in the afternoon of Wednesday, Nov. 10, as Brees was running through a long checklist of bye - week obligations, he detoured to the Lusher Charter School, not far from his home in Uptown New Orleans.

Although it will be incredibly difficult to ever match his contributions on the pitch, it's vitally important for a former club legend, like Henry, to publicly address his concerns regarding the direction of this club... regardless of those who still feel that Henry has some sort of agenda due to the backlash he received following earlier comments he made on air regarding Arsenal, he has an intimate understanding of the game, he knows the fans are being hosed and he feels some sense of obligation, both professionally and personally, to tell it like he sees it... much like I've continually expressed over the last couple months, this team isn't evolving under this current ownership / management team... instead we are currently experiencing a «stagnant» phase in our club's storied history... a fact that can't be hidden by simply changing the formation or bringing in one or two individuals... this team needs fundamental change in the way it conducts business both on and off the pitch or it will continue to slowly devolve into a second tier club... regardless of the euphoria surrounding our escape act on Friday evening, as it stands, this club is more likely to be fighting for a Europa League spot for the foreseeable future than a top 4 finish... we can't hope for the failures of others to secure our place in the top 4, we need to be the manufacturers of our own success by doing whatever is necessary to evolve as an organization... if Wenger, Gazidis and Kroenke can't take the necessary steps following the debacle they manufactured last season, their removal is imperative for our future success... unfortunately, I strongly believe that either they don't know how to proceed in the present economic climate or they are unwilling to do whatever it takes to turn this ship around... just look at the current state of our squad, none of our world class players are under contract beyond this season, we have a ridiculous wage bill considering the results, we can't sell our deadwood because we've mismanaged our personnel decisions and contractual obligations, we haven't properly cultivated our younger talent and we might have become one of the worst clubs ever when it comes to way we handle our transfer business, which under Dein was one of our greatest assets... it's time to get things right!!!

Whatever insufficient sex means to any particular person — even if that can be considered a betrayal of his or her partner's obligation — the fact remains that adultery just makes it worse.

Therefore, physicians are under no obligation to initiate discussions about a procedure such as elective cesarean that is unproven scientifically or that the individual physician may not consider medically acceptable.

Commissioners also are considering approving the issuing of a $ 550,000 general obligation bond to help pay for buying and remodeling Park Central, the district's headquarters and banquet facility at 3000 Central Rd.

If a daily journal seems like too big an obligation, consider taking notes on a wall calendar instead — an even easier place to note milestones.

Those of us who consider ourselves enthusiastic supporters of breastfeeding have an obligation to examine this carefully.

Naperville Park District commissioners are considering the district's financial future, including the possibility that, with interest rates falling, the district might be able to refinance general obligation bonds at a lower interest rate.