Sentences with phrase «of the confidentiality provision»

Finally, any infraction of the confidentiality provisions or any other part of this Agreement by you that causes AboutFace to violate the confidentially provisions of its Agreements with its clients or to lose credibility, anonymity or future business may result in civil action against you for the damages you have caused by your failure to comply with these confidentiality provisions.

Violations of the confidentiality provisions of this Agreement will be reported to the Mystery Shopping Providers Association and could adversely affect your ability to contract with other MSPA member companies.

49 Any acceptance of confidentiality provisions must be for good reasons and capable of being justified to the Commissioner.

I have not found a case that has considered this question in the context of allegations of sexual assault; in fact, there appears to be little case law regarding the enforceability of confidentiality provisions in agreements to settle civil disputes where the underlying facts could also support a criminal prosecution.

Depending on the motivation behind a party's request that the settlement agreement contain a confidentiality clause in the first place, and the relative bargaining power of the parties during negotiations, the impact of a confidentiality provision can be either quite restrictive or have very little practical effect.

Not exact matches

TechCrunch understands the NDA relates to standard confidentiality provisions regarding deletion certifications and other commitments made by Kogan to Facebook not to misuse user data — after the company learned he had user passed data to SCL in contravention of its developer terms.

You shall not be bound by the provisions of confidentiality contained in this Agreement if such Holdings Information 1) is or becomes publicly known through no act or omission of the Financial Institution, its employees, agents or subcontractors; 2) is lawfully disclosed to you by a third party without restriction and without any obligation of confidentiality; 3) is required to be disclosed by any Governmental body, regulatory body (including without limitation any relevant securities exchange) or court of competent jurisdiction or otherwise pursuant to any statutory or regulatory obligation.

Effective on June 16, 2015, the Corporate Governance Committee and the Board of Directors of the Company amended and restated the Code to, among other things, reflect the following amendments: (1) added a new Whistleblower Exception provision under the Confidentiality section; (2) modified the provision regarding Protection of Covered Persons to clarify that such protections apply to any Covered Person who provides information or makes other disclosures that are protected under whistleblower provisions; and (3) updated the policy reference to the Franklin Templeton Investments Social Media Guidelines Policy.

Most of the terms are non-binding, with the exception of certain confidentiality provisions and, if applicable, exclusivity rights (see below for more details).

Almost all term sheets provide that they are not binding, except for certain provisions regarding exclusivity, confidentiality and / or expenses (all of which I will cover in a later post) depending on the term sheet.

All provisions of these Terms and Conditions relating to warranties, confidentiality obligations, proprietary rights, limitation of liability and indemnification obligations shall survive the termination or expiration hereof.

The London Assembly has no powers, and as a former Assembly Member I can confirm that we were barred even from access to any important documents or information relating to London and its governance on the basis of «commercial confidentiality» and therefore had to rely on the slow and cumbersome process of applying for information under the Freedom of Information provisions!

The desire to shield the Assembly led to the negotiation of a settlement agreement contingent on a confidentiality provision, one crafted at the request not of the complainants but of Assembly Member Lopez.»

«A provision in the Safe Act pertaining to confidentiality prevents the State Police from releasing information related to the registration of assault weapons including the number of assault weapons registered,» a police spokesman said via e-mail Monday.

The NSBA guidelines encompass a wide range of concerns from identification of students with allergies and provision of school health services; preparation of individual written management plans; provision of healthy school environments; communication and confidentiality; emergency responses; training; awareness education for students, parents, and caregivers; and finally, monitoring and evaluation.

The collection and use of data to meet the requirements of this section are subject to the confidentiality of information provisions under these Rules and in accordance with school policies.

«(d) CONFIDENTIALITY PROVISIONS - Until such time as rules are adopted under chapter 131 of this title providing for the confidentiality of alternative dispute resolution processes under this chapter, each district court shall, by local rule adopted under section 2071 (a), provide for the confidentiality of the alternative dispute resolution processes and to prohibit disclosure of confidential dispute resolution communicCONFIDENTIALITY PROVISIONS - Until such time as rules are adopted under chapter 131 of this title providing for the confidentiality of alternative dispute resolution processes under this chapter, each district court shall, by local rule adopted under section 2071 (a), provide for the confidentiality of the alternative dispute resolution processes and to prohibit disclosure of confidential dispute resolution communicconfidentiality of alternative dispute resolution processes under this chapter, each district court shall, by local rule adopted under section 2071 (a), provide for the confidentiality of the alternative dispute resolution processes and to prohibit disclosure of confidential dispute resolution communicconfidentiality of the alternative dispute resolution processes and to prohibit disclosure of confidential dispute resolution communications.».

We will provide confidentiality consistent with the provisions of the Administrative Dispute Resolution Act and other applicable Federal laws.

Finally, this document proposes substantive changes to several provisions, including: Personal net worth, retainage, the size standard, proof of ethnicity, confidentiality, proof of economic disadvantage, and DBE credit for trucking firms.

It makes several changes to the DBE program, concerning such subjects as uniform application and reporting forms; implementing a memorandum of understanding (MOU) with the Small Business Administration (SBA); substantive amendments to provisions concerning personal net worth, retainage, size standard, proof of ethnicity, confidentiality, proof of economic disadvantage, DBE credit for trucking firms, and eligibility of firms owned by Alaska Native Corporations (ANCs); and clarifications concerning multi-year project goals and the use of the new North American Industrial Classification System («NAICS»).

As for sharing of information, therefore, I request that we adhere to our earlier understanding that we will not to share ibudilast related information until our discussions have progressed further, we have a greater level of comfort that a deal may be consummated, and we have a more robust confidentiality agreement with a standstill provision.

As someone with some familiarity with confidentiality agreements and (by then) FOI regulations, it occurred to me that FOI provisions applying to the Met Office (a government agency) might differ in some respect from the FOI provisions applying to the University of East Anglia.

Add to that the fact the ZODs are all over the internet (thanks Megaupload) and frankly the horse has bolted never mind the efforts of Stocker and Jones to shoehorn in some last minute confidentiality provisions into the IPCC processes.

One divorce attorney, Deborah Lans, routinely includes a confidentiality provision in her divorce agreements that forbids either party from publishing even fictionalized accounts of the marriage.

One case that appeared to provide some guidance (although it involved the enforceability of an indemnity provision, not a confidentiality provision) considered a separation agreement in which a wife agreed to indemnify her husband for 50 per cent of any payment he might be required to make in the future in respect of retail sales tax liability that he had failed to declare.

All forms of privilege derive ultimately from a perception that the public interest in the maintenance of confidentiality in relation to particular forms of communication outweighs the competing public interest in the provision to a competent court of all information necessary for the just determination of a dispute.

Rules 151 and 152 of the Federal Courts Rules provide the basis for and some default provisions for confidentiality orders.

The parties had entered into a mediation agreement that contained standard confidentiality clauses and a provision that any settlement reached in the mediation would not be binding until it had been reduced to writing and signed by, or on behalf of, the parties.

As a result, the Arbitrator concluded that the applicant had disclosed a term of the settlement and thus had breached the confidentiality provision.

Nor does it mean that the customer will be satisfied with the standard confidentiality and non-disclosure provisions of the Outsourcing Agreement.

The lawyers among our readers should note the SRA's notice on the use of non-disclosure agreements, (see link here), which will be of particular relevance to those drafting confidentiality provisions in settlement agreements.

When a personal injury lawsuit is settled out - of - court, the defendant may request a confidentiality provision which forbids the party receiving the payment from ever discussing the case or revealing the settlement amount.

That provision of the duty of confidentiality would apply in this situation.

All of the outsourcing agreements are covered by confidentiality provisions.

One aspect of this was a series of Board decisions finding that when employers sought to include broad confidentiality provisions in private settlement and separation agreements with employees that restricted the employees» ability to disclose the terms of such settlements to others, including employees, they were impermissibly restricting employees» ability to act together with other employees concerning terms and conditions of employment.

The parties can take steps to mitigate this risk, including (i) selection of the seat and the administrative body with confidentiality in mind, (ii) restricting third - party witnesses to «need - to - know» information and (iii) the use of and appropriate confidentiality provision, either in the arbitration agreement itself or in the container agreement or in a «protective order» entered by the tribunal.

Be mindful of this when advising a client who has called you in a panic, during early negotiations and at mediation (where an apology could have dual protection of the Act and confidentiality provisions of a mediation agreement).

A confidentiality clause is basically a provision written into many settlement agreements that is designed to keep the terms of the settlement confidential so that only the litigants and their attorneys are privy to the details.

Because of our deep experience in litigation regarding virtually every conceivable type of document from non-compete agreements and confidentiality provisions in employment contracts to landlord - tenant agreements and fractional share leases, we understand how contracts need to be drafted to avoid litigation.

SAMHSA's long awaited proposed rule seeks to modernize the confidentiality provisions to better reflect the current treatment system, particularly with respect to ease of transferring records and patient information, while still maintaining privacy protections for those receiving substance use treatment.

Confidentiality and the Provision of Information to Environmental Regulatory Authorities, Law Society of Manitoba Continuing Legal Education, September, 2002

The provision of this information and the form in which it would be provided needs to be balanced with the need to ensure confidentiality in an investigation and to maintain legal privilege.

«Another type of claim that may be carved out from the LOL are claims resulting from the breach of the agreement's confidentiality provisions, especially when one or both of the parties is giving the other party access to highly confidential information, the release of which would cause the party serious damage by compromising its competitive advantage.

To that end, the parties shall not disclose the existence, content or results of any proceedings conducted in accordance with this Section, and materials submitted in connection with such proceedings shall not be admissible in any other proceeding, provided, however, that this confidentiality provision shall not prevent a petition to vacate or enforce an arbitral award, and shall not bar disclosures required by law.

Consider discussing with a lawyer the importance of confidentiality and how to ensure this provision is binding on the parties.

This is highly unlikely, as the Act, per schedule 7 paragraph 10, provides «Personal data are exempt from the subject information provisions if the data consist of information in respect of which a claim to legal professional privilege or, in Scotland, to confidentiality as between client and professional legal adviser, could be maintained in legal proceedings.»

[The amount of the settlement is covered by confidentiality provisions.]

Under the access provisions, a covered entity may redact information in a record about other persons or information obtained under a promise of confidentiality, prior to releasing the information to the individual.

Response: We have addressed this concern in the final rule by adding a provision that ensures that a minor maintains the confidentiality protections provided by the rule for information that is created or received pursuant to a confidential communication between a provider and a minor when the minor's parent assents to an agreement of confidentiality between the provider and the minor.

This provision is intended to preserve a covered entity's ability to maintain an implicit or explicit promise of confidentiality.