Sentences with phrase «of breaching party»

Evidence like keeping the change secret, certainly is convincing to a jury determining state of mind of the breaching party.

The group, which is said to be the brain child of the embattled national chairman, was not happy at a purported letter signed by five members of the NPP Council of Elders which accused Mr. Paul Afoko of breaching the party's constitution.

The group was cleared by an internal Labour investigation of breaching party rules on donating to political opponents, after they assured the party the payments had been made in line with advice from the Electoral Commission.

Christian former Cabinet minister Stephen Crabb has been cleared - along with a second Conservative MP - of breaching party rules following investigations into allegations of inappropriate conduct.

Not exact matches

Great Southern investors are working on a plan to take back control of assets located on some of the breached third - party leases.

Those breaches, in 2015 and the first half of 2016, exposed the internal communications of party officials as the Democratic nominating convention got underway and helped undermine support for Hillary Clinton.

Jonathan Niednagel, Vice President New Market Development at Prevalent Inc., a supplier of third - party risk management technologies, puts it this way: «It will take several years of breach data before the underwriters are able to build models that support their pricing structure.

Some 75 % of the IT professionals recently surveyed by the Ponemon Institute acknowledged that the risk of a breach from a third party is serious and increasing.

A string of headline - grabbing corruption scandals are also exposing the ethical breaches that befall many parties after more than a decade in power.

Honda apologized for the security breach and advised customers to be vigilant of potential marketing campaigns from third - party organizations making a reference to data that may have been stolen.

He has apologized for a «major breach of trust» in the Cambridge Analytica episode and Facebook has announced it would stop working with third - party data collectors.

Accordingly, the parties agrees that Parent shall be entitled to injunctive relief in the event of a breach of this Section 4.3, including an injunction to prevent any continuing breach or violation of the provisions of this Section 4.3, and the remedy of specific performance to enforce specifically the terms and provisions this Section 4.3 in any court of the United States or any state having jurisdiction.

It also stands as a remarkable breach in relations between Trump, the leader of the Republican Party, and a business community that historically has had an ally in the GOP.

«Each of the parties warrants and undertakes that it will not knowingly do anything or permit anything to be done which might lead to a breach of any such legislation, regulations and / or directives by the other party,» it also states.

Even before the data breach came to a head, Facebook has begun to remedy the issues by making changes to its privacy policies, implementing stricter standards for third - party applications, and doubling the headcount of employees who work to protect user security.

Actual results may vary materially from those expressed or implied by forward - looking statements based on a number of factors, including, without limitation: (1) risks related to the consummation of the Merger, including the risks that (a) the Merger may not be consummated within the anticipated time period, or at all, (b) the parties may fail to obtain shareholder approval of the Merger Agreement, (c) the parties may fail to secure the termination or expiration of any waiting period applicable under the HSR Act, (d) other conditions to the consummation of the Merger under the Merger Agreement may not be satisfied, (e) all or part of Arby's financing may not become available, and (f) the significant limitations on remedies contained in the Merger Agreement may limit or entirely prevent BWW from specifically enforcing Arby's obligations under the Merger Agreement or recovering damages for any breach by Arby's; (2) the effects that any termination of the Merger Agreement may have on BWW or its business, including the risks that (a) BWW's stock price may decline significantly if the Merger is not completed, (b) the Merger Agreement may be terminated in circumstances requiring BWW to pay Arby's a termination fee of $ 74 million, or (c) the circumstances of the termination, including the possible imposition of a 12 - month tail period during which the termination fee could be payable upon certain subsequent transactions, may have a chilling effect on alternatives to the Merger; (3) the effects that the announcement or pendency of the Merger may have on BWW and its business, including the risks that as a result (a) BWW's business, operating results or stock price may suffer, (b) BWW's current plans and operations may be disrupted, (c) BWW's ability to retain or recruit key employees may be adversely affected, (d) BWW's business relationships (including, customers, franchisees and suppliers) may be adversely affected, or (e) BWW's management's or employees» attention may be diverted from other important matters; (4) the effect of limitations that the Merger Agreement places on BWW's ability to operate its business, return capital to shareholders or engage in alternative transactions; (5) the nature, cost and outcome of pending and future litigation and other legal proceedings, including any such proceedings related to the Merger and instituted against BWW and others; (6) the risk that the Merger and related transactions may involve unexpected costs, liabilities or delays; (7) other economic, business, competitive, legal, regulatory, and / or tax factors; and (8) other factors described under the heading «Risk Factors» in Part I, Item 1A of BWW's Annual Report on Form 10 - K for the fiscal year ended December 25, 2016, as updated or supplemented by subsequent reports that BWW has filed or files with the SEC.

If You wish to have a third party consultant or subcontractor («Contractor») perform work on Your behalf which involves access to or use of the Omni SDK, You shall direct them to download a copy of this License, or, alternatively, you indemnify Virtuix for any misuse of the Omni SDK or breach of this License by your Contractor and you shall assist Virtuix in all Contractors» assignments of the Omni SDK Derivatives to Virtuix.

In this agreement, «Confidential Information» means all confidential information relating to a party or its business, strategies, pricing, personnel, suppliers, products or services, but excludes information that the recipient proves: (a) was lawfully in its possession before receiving it from the discloser, (b) was provided in good faith to it by a third party without breaching any of discloser's rights or any rights of a third party, or (c) is or becomes generally available to the public through no fault of the recipient.

In the agreement, which Facebook signed to end an investigation into privacy breaches, the company promised not to misrepresent the extent to which it maintains the privacy or security of personal information, and it said it would obtain users» affirmative consent before sharing personal information with any third party.

Examples of these risks, uncertainties and other factors include, but are not limited to the impact of: adverse general economic and related factors, such as fluctuating or increasing levels of unemployment, underemployment and the volatility of fuel prices, declines in the securities and real estate markets, and perceptions of these conditions that decrease the level of disposable income of consumers or consumer confidence; adverse events impacting the security of travel, such as terrorist acts, armed conflict and threats thereof, acts of piracy, and other international events; the risks and increased costs associated with operating internationally; our expansion into and investments in new markets; breaches in data security or other disturbances to our information technology and other networks; the spread of epidemics and viral outbreaks; adverse incidents involving cruise ships; changes in fuel prices and / or other cruise operating costs; any impairment of our tradenames or goodwill; our hedging strategies; our inability to obtain adequate insurance coverage; our substantial indebtedness, including the ability to raise additional capital to fund our operations, and to generate the necessary amount of cash to service our existing debt; restrictions in the agreements governing our indebtedness that limit our flexibility in operating our business; the significant portion of our assets pledged as collateral under our existing debt agreements and the ability of our creditors to accelerate the repayment of our indebtedness; volatility and disruptions in the global credit and financial markets, which may adversely affect our ability to borrow and could increase our counterparty credit risks, including those under our credit facilities, derivatives, contingent obligations, insurance contracts and new ship progress payment guarantees; fluctuations in foreign currency exchange rates; overcapacity in key markets or globally; our inability to recruit or retain qualified personnel or the loss of key personnel; future changes relating to how external distribution channels sell and market our cruises; our reliance on third parties to provide hotel management services to certain ships and certain other services; delays in our shipbuilding program and ship repairs, maintenance and refurbishments; future increases in the price of, or major changes or reduction in, commercial airline services; seasonal variations in passenger fare rates and occupancy levels at different times of the year; our ability to keep pace with developments in technology; amendments to our collective bargaining agreements for crew members and other employee relation issues; the continued availability of attractive port destinations; pending or threatened litigation, investigations and enforcement actions; changes involving the tax and environmental regulatory regimes in which we operate; and other factors set forth under «Risk Factors» in our most recently filed Annual Report on Form 10 - K and subsequent filings by the Company with the Securities and Exchange Commission.

He clearly recognizes that hacks and breaches can happen, but using Facebook less, avoiding third - party apps, or limiting his internet use do not seem to be part of his repertoire.

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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.

You agree to indemnify and hold us, our subsidiaries, affiliates, and licensors and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys» fees, made by any third party due to or arising out of your use of the Sites, the Applications, Content or Materials in violation of this Agreement and / or arising from a breach of this Agreement and / or any breach of your representations and warranties set forth above.

- Post, link to or otherwise publish any Messages containing material that is obscene, racist, homophobic or sexist or that contains any form of hate speech; - Post, link to or otherwise publish any Messages that infringe copyright; - Post, link to or otherwise publish any Messages that are illegal, libellous, defamatory or may prejudice ongoing legal proceedings or breach a court injunction or other order; - Post, link to or otherwise publish any Messages that are abusive, threatening or make any form of personal attack on another user or an employee of Packaging Europe magazine; - Post Messages in any language other than English; - Post the same Message, or a very similar Message, repeatedly; - Post or otherwise publish any Messages unrelated to the Forum or the Forum's topic; - Post, link to or otherwise publish any Messages containing any form of advertising or promotion for goods and services or any chain Messages or «spam»; - Post, link to or otherwise publish any Messages with recommendations to buy or refrain from buying a particular security or which contain confidential information of another party or which otherwise have the purpose of affecting the price or value of any security; - Disguise the origin of any Messages; - Impersonate any person or entity (including Packaging Europe magazine employees or Forum guests or hosts) or misrepresent any affiliation with any person or entity; - Post or transmit any Messages that contain software viruses, files or code designed to interrupt, destroy or limit the functionality of the Site or any computer software or equipment, or any other harmful component; - Collect or store other users» personal data; and / or - Restrict or inhibit any other user from using the Forums.

Seven of the accused parties quickly reached an agreement with the OFT that saw them accept liability in principle for a breach of competition law and pay fines totaling # 160m.

The claim alleges Treasury, whose brands include Penfolds, Rosemount, Lindemans and Wynns, misled the market and breached its continuous disclosure obligations in relation to the financial impact of over-stocked third - party distributors in the US.

Notwithstanding the foregoing, no action brought by either party against the other for breach of this Agreement shall be limited to breach of contract remedies and either party may bring any additional cause (s) of action that would otherwise be available to it, including and only as applicable based on the facts presented, copyright infringement pursuant to Title 17 of the United States Code.

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IN NO EVENT SHALL USTA BE LIABLE FOR ANY BREACH IN TRANSACTION SECURITY CAUSED BY A THIRD PARTY ARISING OUT OF OR RELATING TO ANY PURCHASE OR ATTEMPT TO PURCHASE MERCHANDISE.

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However we can not be held responsible for the actions of any third party who receives or obtains access to the information nor for any breach of security.

(Im not saying it is) But if the agent has been charged, it seems like a potential breach of «Third Party Ownership», that is a very bad thing to be charged with.

You simply have to weigh the options of whether the information it gives you outweighs the impact of a third party knowing your data too, whether from legal sharing or a breach.

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You hereby indemnify Sleep Lady Solutions, LLC and undertake to keep Sleep Lady Solutions, LLC indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Sleep Lady Solutions, LLC to a third party in settlement of a claim or dispute on the advice of the legal advisers of Sleep Lady Solutions, LLC,) incurred or suffered by Sleep Lady Solutions, LLC arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Take notice that any party contracting with Debie Rise as a recording or performing artist and / or in respect of sales of any of her songs or anything to do with entertainment, without our prior consent / authorization would be doing so at its / his / her peril and we shall not hesitate to bring the full wrath of the law to bear on such individual and / or organization; including suing them for aiding and inducing breach of contract and account for profit.»

The flagbearer of the opposition New Patriotic Party (NPP), Nana Addo Danquah Akufo - Addo has accused the ruling government of breaching Section 35 of the Anti-Terrorism Act (Act 762).

Not only did the party breach Section 78 (b)(1)(2) of the

What damages may a party seek for breach of contract: the loss suffered as a result of reliance on the other or the loss of the benefits that the contract promised?

I also wish to serve notice, and notice is hereby served that the meeting called by Mr. Blay is an illegality and a breach of our party's constitution.

When other moderates turned out to canvass for their former colleague they'd be in breach of party rules that forbid campaigning for anyone other than the official.

Surely what you mean is «Ken may well employ sophistry to claim that he is not technically in breach of party rules, because saying that the candidate should not have been dropped, walking around for the TV cameras with the rival candidate (and having a quick chat about why the Labour candidate) did not in fact entail an explicit «vote Rahman» public statement (even though the whole point was to convey precisely that impression to any sentient being).

Sunder: Surely what you mean is «Ken may well employ sophistry to claim that he is not technically in breach of party rules,....

the Electoral Commission is satisfied that the use of the logo by the political party constitutes an infringement of an intellectual property right or a breach of an enactment.

[22] UK Independence Party Welsh Assembly member Neil Hamilton called for Jones to resign over the matter, saying that the suspension of Sargeant was both «heartless and in breach of the most fundamental principle of natural justice — giving the accused the right to defend himself.»

Explaining the motive for the petition, one of the petitioners Abigail Elorm Mensah said the former Attorney General has on several occasions conducted himself in a manner that has brought the party into disrepute and public ridicule and also weakened the unity and cohesion of the party in breach of articles 46 [8] and 45.

A member of the New Patriotic Party's Council of Elders Boniface Gambilla has revealed that the party's General Secretary Kwabena Agyepong will be the next to be expelled after party chairman Paul Afoko is suspended for breaching party rParty's Council of Elders Boniface Gambilla has revealed that the party's General Secretary Kwabena Agyepong will be the next to be expelled after party chairman Paul Afoko is suspended for breaching party rparty's General Secretary Kwabena Agyepong will be the next to be expelled after party chairman Paul Afoko is suspended for breaching party rparty chairman Paul Afoko is suspended for breaching party rparty rules.

Apart from Mr Afoko, two other national executives have been suspended indefinitely for breaching various provisions of the party's constitution.