Sentences with phrase «on a contractual basis by»

Not exact matches

Actual results, including with respect to our targets and prospects, could differ materially due to a number of factors, including the risk that we may not obtain sufficient orders to achieve our targeted revenues; price competition in key markets; the risk that we or our channel partners are not able to develop and expand customer bases and accurately anticipate demand from end customers, which can result in increased inventory and reduced orders as we experience wide fluctuations in supply and demand; the risk that our commercial Lighting Products results will continue to suffer if new issues arise regarding issues related to product quality for this business; the risk that we may experience production difficulties that preclude us from shipping sufficient quantities to meet customer orders or that result in higher production costs and lower margins; our ability to lower costs; the risk that our results will suffer if we are unable to balance fluctuations in customer demand and capacity, including bringing on additional capacity on a timely basis to meet customer demand; the risk that longer manufacturing lead times may cause customers to fulfill their orders with a competitor's products instead; the risk that the economic and political uncertainty caused by the proposed tariffs by the United States on Chinese goods, and any corresponding Chinese tariffs in response, may negatively impact demand for our products; product mix; risks associated with the ramp - up of production of our new products, and our entry into new business channels different from those in which we have historically operated; the risk that customers do not maintain their favorable perception of our brand and products, resulting in lower demand for our products; the risk that our products fail to perform or fail to meet customer requirements or expectations, resulting in significant additional costs, including costs associated with warranty returns or the potential recall of our products; ongoing uncertainty in global economic conditions, infrastructure development or customer demand that could negatively affect product demand, collectability of receivables and other related matters as consumers and businesses may defer purchases or payments, or default on payments; risks resulting from the concentration of our business among few customers, including the risk that customers may reduce or cancel orders or fail to honor purchase commitments; the risk that we are not able to enter into acceptable contractual arrangements with the significant customers of the acquired Infineon RF Power business or otherwise not fully realize anticipated benefits of the transaction; the risk that retail customers may alter promotional pricing, increase promotion of a competitor's products over our products or reduce their inventory levels, all of which could negatively affect product demand; the risk that our investments may experience periods of significant stock price volatility causing us to recognize fair value losses on our investment; the risk posed by managing an increasingly complex supply chain that has the ability to supply a sufficient quantity of raw materials, subsystems and finished products with the required specifications and quality; the risk we may be required to record a significant charge to earnings if our goodwill or amortizable assets become impaired; risks relating to confidential information theft or misuse, including through cyber-attacks or cyber intrusion; our ability to complete development and commercialization of products under development, such as our pipeline of Wolfspeed products, improved LED chips, LED components, and LED lighting products risks related to our multi-year warranty periods for LED lighting products; risks associated with acquisitions, divestitures, joint ventures or investments generally; the rapid development of new technology and competing products that may impair demand or render our products obsolete; the potential lack of customer acceptance for our products; risks associated with ongoing litigation; and other factors discussed in our filings with the Securities and Exchange Commission (SEC), including our report on Form 10 - K for the fiscal year ended June 25, 2017, and subsequent reports filed with the SEC.

In the event that we are not able to resolve a dispute, we each agree that any and all disputes, controversies, or claims arising under, arising out of, or relating in any way to this agreement, or the contractual relationship established by this agreement (whether in contract, tort, or under any statute, regulation, ordinance, or any other source of law) shall be resolved on an individual basis through binding arbitration administered by the American Arbitration Association, in accordance with the American Arbitration Association's rules for arbitration of consumer - related disputes (accessible at https://www.adr.org/aaa/faces/rules)(except that you may assert individual claims in small claims court, if your claims qualify).

In his view the company also needs to create systems to audit third party data collection and sharing «on an ongoing basis» — and thereby «hold third parties to their promises by engineering controls and contractual lockups» — including «effective remedies when third parties break the rules — including enforceable rights to audit, retrieve, delete and destroy data improperly acquired or used, and liquidated and actual damages for violations».

«If the proposal for License to Practise signals a commitment by a future Labour Government to restore qualified teacher status (QTS) as a requirement for all teachers in state funded schools, to introduce, within a national framework of pay and conditions of service, a contractual entitlement for all teachers to continuing professional development and to re-establish a proper system of professional regulation which ensures that all headteachers have QTS and NPQH and are accredited to lead and manage schools, then this is a basis on which progress could be made.

Commenting on the launch of a consultation by the Secretary of State for Education on professional development for teachers and calling for expressions of interest in a College of Teaching, Chris Keates, General Secretary of the NASUWT, the largest teachers» union in the UK, said: «This Government can establish whatever framework it likes for professional development but unless teachers are given a contractual entitlement to access such development, the current system of inequality and ad hoc arrangements will continue, with access being on the basis of grace and favour and the whims and preferences of individual employers.

A spokesperson for TKAT, who run more than 40 academies in London and the south of England, said: «Severance payments are calculated on an individual basis with employees and vary by school, depending on contractual agreements and other criteria.

But one of the defining factors in any picture of the publishing business has been that it's an industry based on the voluntary submission of its fundamental product, the content, by people it does not know (until they turn up with a manuscript) and do not employ (until they get into a contractual arrangement).

Proxies are voted on a case - by - case basis in the best economic interest of the Focus Fund's investors taking into consideration all relevant contractual obligations and other circumstances at the time of the vote.

I wonder if he might be better served by publicly cutting himself loose, and perhaps consult on the project on a freelance / contractual basis.

Interestingly enough, the Court held first that the exclusive rights held by a broadcaster on a contractual basis could not confer an «established legal position» which would enjoy the protection of the right to property under Article 17 of the Charter (para 38 ff.).

(4) An employee of any regularly published newspaper, magazine, wire service, radio station, or television station acting in the course of bona fide news gathering duties on a full - time or contractual or part - time basis, shall be deemed to have consent to record and divulge communications or conversations otherwise prohibited by this chapter if the consent is expressly given or if the recording or transmitting device is readily apparent or obvious to the speakers.

recognition of foreign judgments by the DIFC Courts is not a matter of «foreign affairs» (which would mean that the matter was exclusively reserved to the UAE Federation) but a rule of private commercial law, based on a private consensual contractual arrangements; and

to report generally on compliance to contractual counterparties on an ongoing basis, which could include requiring the provision of a confirmation signed by an officer of the company.

They then moved for contractual attorney's fees based on a fees clause (to the tune of $ 84,640), only to be rebuffed by the trial judge.

The majority considered the evidence of expert historians relating to the type of commodities, including fish, that would have been brought to the truck house to trade.7 Evidence was also accepted by the majority as to the sorts of assumptions «underlying and implicit in the treaty».8 Justice Binnie noted the longstanding willingness of courts to «imply a contractual term on the basis of the presumed intentions of the parties where it is necessary to assure the efficacy of the contract».9

Rather than creating an extra layer of contract management based on more - or-less accurately extracted data, connected contracts allow key contractual events, such as payment, to be driven by agreed data feeds.

For example, a claim may be based on a contractual debt that was not repaid, or allege that the defendant was negligent when driving, which caused you injury by a collision.

In that case, Justice Frank Iacobucci said: «As observed by the application judge, a contractual term may be implied «on the basis of the presumed intentions of the parties where necessary to give business efficacy to the contract or where it meets the «officious bystander test.»

In his view the company also needs to create systems to audit third party data collection and sharing «on an ongoing basis» — and thereby «hold third parties to their promises by engineering controls and contractual lockups» — including «effective remedies when third parties break the rules — including enforceable rights to audit, retrieve, delete and destroy data improperly acquired or used, and liquidated and actual damages for violations».

Facebook must set up systems that audit third party collection and sharing on an ongoing basis; that hold third parties to their promises by engineering controls and contractual lockups; and that give Facebook effective remedies when third parties break the rules — including enforceable rights to audit, retrieve, delete and destroy data improperly acquired or used, and liquidated and actual damages for violations.

My salary requirements are based on industry rates and allowances as follows: Salary: $ 120,000 (Doctorate level with 10 years experience and consultancy managerial role) Allowance A: $ 10,000 per annum, Allowance B: $ 2000 per annum, Traveling expenses: As required by contractual obligations.

Develop Battelle's Integrated Master Schedule at the client reporting level based on contractual milestones furnished by the client with input from Control Account Managers (CAMs).

Based on the buyer's observations of prior water intrusions as well as the contractual disclaimers led the court to conclude that the buyers were prevented from claiming «justifiable reliance» on any statements made by the broker.

Yes, the buyer «is» including the percentage to be paid by the seller to the listing brokerage within his / her offered / accepted figure, but he / she knows this up front, thus eliminating him / her from the «who - pays - whom - for - what - when» on a contractual basis scenario.

The creative minds at PAFCO believed that the warranty could be administered from behind a desk over the phone, by sending out building inspectors, appraisers etc. on a contractual, arm's - length pay - per - file basis to inspect warranty issues within new homeowners» homes.