Sentences with phrase «obtained by the provision»

Such freedoms may only be obtained by the provision of a strong framework.

Not exact matches

Except as required by law or with the approval of the customer, a telecommunications carrier that receives or obtains customer proprietary network information by virtue of its provision of a telecommunications service shall only use, disclose, or permit access to individually identifiable customer proprietary network information in its provision of (A) the telecommunications service from which such information is derived, or (B) services necessary to, or used in, the provision of such telecommunications service, including the publishing of directories.

In addition to factors previously disclosed in Tesla's and SolarCity's reports filed with the U.S. Securities and Exchange Commission (the «SEC») and those identified elsewhere in this document, the following factors, among others, could cause actual results to differ materially from forward - looking statements and historical performance: the ability to obtain regulatory approvals and meet other closing conditions to the transaction, including requisite approval by Tesla and SolarCity stockholders, on a timely basis or at all; delay in closing the transaction; the ultimate outcome and results of integrating the operations of Tesla and SolarCity and the ultimate ability to realize synergies and other benefits; business disruption following the transaction; the availability and access, in general, of funds to meet debt obligations and to fund ongoing operations and necessary capital expenditures; and the ability to comply with all covenants in the indentures and credit facilities of Tesla and SolarCity, any violation of which, if not cured in a timely manner, could trigger a default of other obligations under cross-default provisions.

The licensing provision is only triggered (as noted above) «where the Minister by order requires a person or class or persons to obtain a licence» (s 2 (2)-RRB-.

Further information on the specific provisions of the Regulations can be obtained by contacting the Department of the Environment.

Tree of Hope is passionate about improving the health and lives of sick and disabled children resident in the United Kingdom and Ireland by providing and assisting in the provision of grants to enable them to obtain medical surgery, treatment, therapies and equipment which would not otherwise be available to them.

The report by Amnesty highlights the emergence of «advice deserts» across England and Wales where the provision of free legal advice is becoming increasingly difficult to obtain, including in parts of the South West, of the Midlands and parts of the North of England.

On the second bill, President Buhari said it «seeks to facilitate the provision and obtaining by Nigeria of international assistance in criminal matters.»

On the controversial N852.9 State Universal Education Board (SUBEB) fund, the commission said it was clear that the Government of Dr Fayemi hoodwinked the federal government into paying its own matching grant by obtaining N852, 936,783.12 loan from Access Bank on November 25, 2013 without perfecting documentation in respect of the loan, thereby flouting the provisions of Section 11 (2) of the UBEC Act, 2004.

«Finally, to ensure that the preparation of the Appropriation Bill is based on the Medium Term Expenditure Framework, passed by the National Assembly, signed into law by the President and implemented by the Executive arm of government Section 51 of the Fiscal Responsibility Act has specifically clothed every citizen with the necessary locus standi or legal capacity to enforce the provisions of the law by obtaining prerogative orders or other remedies at the Federal High Court, without having to show any special particular interest.»

The application of these provisions, disclosures and disclaimers and all other matters arising from your use of this website or of any information you obtain from EricBakker.com shall be governed by the laws of New Zealand.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Nebraska School Nurses Association AND / OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE Nebraska School Nurses Association WEB SITE, WITH THE DELAY OR INABILITY TO USE THE Nebraska School Nurses Association WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE Nebraska School Nurses Association WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE Nebraska School Nurses Association WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Nebraska School Nurses Association OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

The complaint and all information obtained pursuant to the investigation by the department shall be confidential and exempt from the provisions of s. 119.07 (1) until the conclusion of the preliminary investigation of the complaint, until such time as the preliminary investigation ceases to be active, or until such time as otherwise provided by s. 1012.798 (6).

(c) If parents obtain an independent educational evaluation at private expense, the results of the evaluation shall be considered by the district in decisions made with respect to the provisions of a free appropriate public education to the student and may be presented as evidence at a due process hearing regarding that student.

The quality of alternative provision for excluded pupils varies wildly across the country, and even between adjacent authorities, exclusive data obtained by Schools Week reveals.

Before a single child's information is turned over to any 3rd party, policymakers should give assurance to parents and educators that no harm will come to Tennessee school children by adopting the following principles: The state and districts should be required to publish any and all existing data sharing agreements in printed and electronic form, and include a thorough explanation of its purpose and provisions, and make it available to parents and local school authorities statewide; The Department of Education should hold hearings throughout the state or testify before the legislature to explain any existing data agreement, and answer questions from the public or their representatives, obtain informed comment, and gauge public reaction; All parents should have the right to be notified of the impending disclosure of their children's data, and provide them with a right to consent or have the right to withhold their children's information from being shared; The state should have to define what rights families or individuals will have to obtain relief if harmed by improper use or release of their child's private information, including how claims can be made; and finally, any legislation must ensure that the privacy interest of public school children and their families are put above the interests of any 3rd Party and its agents and subsidiaries.

But Senator Bernie Sanders's (I - VT) proposal to add some teeth to the bill's highly qualified teacher provisions by requiring districts to provide mentoring and professional development to teachers who have not completed a state - approved teacher preparation program and obtained full certification was rejected out of concerns that it would harm Teach For America and other alternative certification programs.

The General Attorney occupation covers professional legal positions involved in preparing cases for trial and / or the trial of cases before a court or an administrative body or persons having quasi-judicial power; rendering legal advice and services with respect to questions, regulations, practices, or other matters falling within the purview of a Federal Government agency (this may include conducting investigations to obtain evidentiary data); preparing interpretative and administrative orders, rules, or regulations to give effect to the provisions of governing statutes or other requirements of law; drafting, negotiating, or examining contracts or other legal documents required by the agency's activities; drafting, preparing formal comments, or otherwise making substantive recommendations with respect to proposed legislation; editing and preparing for publication statutes enacted by Congress, opinions or discussions of a court, commission, or board; drafting and reviewing decisions for consideration and adoption by agency officials.

The User acknowledges that he was given sufficient time and opportunity to obtain satisfactory explanations and clarifications of the nature and scope of the terms and conditions of the Desjardins Online Brokerage Internet Services User Agreement, by consulting the appropriate sections on the web site, or by contacting Desjardins Online Brokerage by phone at 1-866-873-7103, or in writing at 1170 Peel Street, Suite 105, Montreal, QC, H3B 0A9; as a result, the User declares that he understands and accepts all of the provisions of this Agreement.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Healthy Paws AND / OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE Healthy Paws WEB SITE, WITH THE DELAY OR INABILITY TO USE THE Healthy Paws WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE Healthy Paws WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE Healthy Paws WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Healthy Paws OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

She negotiated provision of rabies vaccination by the government for TNR cats and obtained a law degree to help push through legal and enforcement aspects of animal welfare.

The indictment turns this into a federal felony conspiracy charge by arguing that she did this in concert with others to obtain information and to further tortious conduct — intentional infliction of emotional distress — violating the felony provisions of 18 U.S.C. 1030 (a)(2).

The agreement with Ravel includes provisions by which researchers can obtain access to the full database.

Because neither party obtained a monetary recovery, the claims against trustee were not dismissed, and plaintiff obtained an equitable judgment against trustee, the case — with respect to routine costs — fell within the catch - all provision of CCP § 1032 (a)(4) which allows the trial court discretion to determine the prevailing party by comparing the relief sought with that obtained, along with the parties» litigation objectives.

My note mentioned a provision of the rules of procedure of the tribunal that barred evidence that violated fundamental rights (of anybody, apparently), and a section of the Manitoba Privacy Act that bars the use in any civil proceeding of any evidence obtained by a breach of privacy as defined in the Act.

The claimant should have protected himself by stipulating that he had a certain time to do his work during which the retainer could not be terminated and by tightening up provisions relating to the obtaining of finance to ensure that the defendant could not unreasonably refuse an offer of finance.

Representation of a mechanical contractor in the prosecution of multimillion - dollar delay and inefficiency claims against a New Jersey school district and its designers, defeating «No Damages for Delay» provision asserted by way of summary judgment and obtaining favorable settlement for client following three days of mediation.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SmartAdvocate ® - The best plaintiff personal injury case management software AND / OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SmartAdvocate ® - The best plaintiff personal injury case management software WEB SITE, WITH THE DELAY OR INABILITY TO USE THE SmartAdvocate ® - The best plaintiff personal injury case management software WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SmartAdvocate ® - The best plaintiff personal injury case management software WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SmartAdvocate ® - The best plaintiff personal injury case management software WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SmartAdvocate ® - The best plaintiff personal injury case management software OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

Today the women's health care providers who jointly filed suit last month on behalf of their patients have filed an emergency application with the U.S. Supreme Court to reinstate an injunction granted by U.S. District Judge Lee Yeakel on October 28 blocking a Texas provision requiring doctors who provide abortions to obtain admitting privileges at a local hospital — a requirement that leading medical associations oppose and only results in women losing access to safe medical care.

He obtained the first federal maritime decision to clearly hold that, under the Federal Arbitration Act, to be enforceable, an arbitration provision in an international commercial agreement must be in a writing signed by the parties, or evidenced by an exchange of correspondence.

The refusal to deal provision (s. 75) allows businesses that are substantially affected by a refusal to deal to obtain an order from the Tribunal forcing a supplier to resume supply in certain very limited circumstances.

Moreover, the Third Circuit has determined that this provision gives US Courts «broad authority» to provide appropriate equitable relief to assure the orderly conduct of reorganization proceedings, and to «craft flexible remedies that, while not expressly authorized by the Code, effect the result the Code was designed to obtain.»

(4) Every member of a health profession and social worker who refers an insured person to another person to obtain goods or services in respect of which a medical or rehabilitation benefits will be paid by an insurer under this section shall give the insurer and the insured person written notice disclosing any conflict of interest the member of the health profession or social worker has relating to the provision of the goods or services.

(11) To preserve the present system by which legal services are delivered by the legal profession requires that its monopoly over the provision of legal services be defined in terms of the needs of lawyers in providing such services, in the way that lawyers would define such needs, rather than in terms of the needs of the population in obtaining those services, in the way that the majority of population would define their needs.

These needs must be considered by either procuring or obtaining a conversion ready electronic format of those resources or materials, or by arranging for the provision of comparable resources and materials where they can not be procured, obtained, or converted.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Colorado Lawyers Helping Lawyers AND / OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE Colorado Lawyers Helping Lawyers WEB SITE, WITH THE DELAY OR INABILITY TO USE THE Colorado Lawyers Helping Lawyers WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE Colorado Lawyers Helping Lawyers WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE Colorado Lawyers Helping Lawyers WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Colorado Lawyers Helping Lawyers OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

Using the same provision, Cruz City 1 Mauritius Holdings («Cruz City»)(represented by White & Case) recently obtained an order requiring the losing parties in an arbitration to disclose their assets worldwide, to assist Cruz City in enforcing against these parties arbitral awards of US$ 298 million.

While this is not a simple issue to address, provinces could make a decent start by appointing designated judges under FHRMIRA, educating reserve residents, police, and social services about its provisions, and allocating enough money to ensure that those who need orders have help applying for them, and those who have obtained orders can have them enforced.

In cases of wrongful removal or retention of a child, the return of the child should be obtained without delay, and to this end the Hague Convention of 25 October 1980 would continue to apply as complemented by the provisions of this Regulation, in particular Article 11.

The Council shall, acting unanimously after obtaining the assent of the European Parliament, which shall act by a majority of its component members, lay down the appropriate provisions, which it shall recommend to Member States for adoption in accordance with their respective constitutional requirements.

(9) If a written consent under subsection (6) has been given by the City, the city clerk shall provide a certificate, in registrable form, to the person obtaining the consent stating that the written consent of the City has been obtained and the certificate is conclusive evidence that the consent was given and that the provisions of this section leading to the consent have been complied with and, after the certificate has been given, no action may be maintained to question the validity of the consent and the certificate may be registered in the proper land registry office.

Both solutions will occur because the power of the news media and of the internet, interacting, will quickly make widely known these types of information, the cumulative effect of which will force governments and the courts to act: (1) the situations of the thousands of people whose lives have been ruined because they could not obtain the help of a lawyer; (2) the statistics as to the increasing percentages of litigants who are unrepresented and clogging the courts, causing judges to provide more public warnings; (3) the large fees that some lawyers charge; (4) increasing numbers of people being denied Legal Aid and court - appointed lawyers; (5) the many years that law societies have been unsuccessful in coping with this problem which continues to grow worse; (6) people prosecuted for «the unauthorized practice of law» because they tried to help others desperately in need of a lawyer whom they couldn't afford to hire; (7) that there is no truly effective advertising creating competition among law firms that could cause them to lower their fees; (8) that law societies are too comfortably protected by their monopoly over the provision of legal services, which is why they might block the expansion of the paralegal profession, and haven't effectively innovated with electronic technology and new infrastructure so as to be able to solve this problem; (9) that when members of the public access the law society website they don't see any reference to the problem that can assure them that something effective is being done and, (10) in order for the rule of law, the Canadian Charter of Rights and Freedoms, and the whole of Canada's constitution be able to operate effectively and command sufficient respect, the majority of the population must be able to obtain a lawyer at reasonable cost.

This Restatement provision states that» [o] ne who appropriates the commercial value of a person's identity by using without consent the person's name, likeness, or other indicia of identity for purposes of trade is subject to liability...» Relying on the Restatement, the Missouri Supreme Court held in TCI, 110 S.W. 3d at 369, that «the elements of a right of publicity action include: (1) That defendant used plaintiff's name as a symbol of his identity (2) without consent (3) and with the intent to obtain a commercial advantage.»

(a) Subject to the provisions of paragraph (4) of this rule, a party may obtain discovery of documents and tangible things otherwise discoverable under paragraph (1) of this rule and prepared in anticipation of litigation or for trial by or for another party or by or for that other party's representative (including his attorney, consultant, surety, indemnitor, insurer, or agent) only upon a showing that the party seeking discovery has substantial need of the materials in the preparation of his case and that he is unable without undue hardship to obtain the substantial equivalent of the materials by other means.

(2) Despite any provision of the Act, if an owner developer is in compliance with the dates for the beginning of construction of each phase as set out in the Phased Strata Plan Declaration or amended Phased Strata Plan Declaration, a strata corporation established by the deposit of a phased strata plan may not create, change, repeal, replace, add to or otherwise amend any bylaws dealing with any of the following matters until the annual general meeting held following the deposit of the final phase or until an election not to proceed under section 235 or 236 (2) of the Act, unless the strata corporation obtains the written consent of the owner developer:

Under the final rule, covered entities may obtain authorization to disclose protected health information to private entities seeking to establish registries or other databases; they may disclose protected health information as required by law; or they may disclose protected health information to such entities if they meet the conditions of one of the provisions of § § 164.510 or 164.512.

Where a decree nisi is obtained by consent or where the decree nisi has incorporated maintenance provisions contained in the separation agreement made between the parties the court should not lightly disturb the order and the party seeking the variation must show not only some changes in circumstances, but conditions which arouse the conscience of the court and call for action.

2014)(successfully obtained reversal of a string of decisions holding that a provision of the California labor code requiring meal and rest breaks is preempted, as applied to a class of truck drivers, by the Federal Aviation Authorization Act of 1994 — a transportation deregulation measure that expressly preempts state law relating to «prices, routes, or services»)(briefed and argued)

This provision's primary intent is to ensure that proper military command authorities can obtain needed medical information held by covered entities so that they can make appropriate determinations regarding the individual's medical fitness or suitability for military service.

Among other things, the Act included elaborate provisions governing the mechanisms through which a potential generic manufacturer may obtain marketing approval for a drug that has been patented by another party.