Sentences with phrase «on available remedies»

Not exact matches

Daiichi Sankyo is currently pursuing its available legal remedies and can not comment further on the subject at this time.»

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.

It could be a nice remedy but not all of us have this resources available on our house.

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.

If it is determined that You have, at any time, violated any of the foregoing provisions, You may thereafter be barred from submitting or posting any further material on the Site or using or accessing our interactive communication tools, and BBU may pursue any remedies available under the Terms and Conditions or at law.

That is where ideologies come in: they offer us maps that assist in making those decisions, and each ideology claims that it possesses the right map, insisting on the correctness of its interpretation of events and on the wholesomeness of its remedies, although it is highly unlikely that an ideal solution is available.

«The remedy for New York not being able to deduct their property taxes as a deduction on their federal income tax returns and whatever deductions are available is for New York state not to tax so much,» DeFrancisco said.

It is necessary that every prudent mind registers that there is a good, fully exercisable remedy available to Ameri to drawdown on the SBLC on each default of the Government.

The Endocrine Society or its licensors shall not be liable for any direct, indirect, special, incidental, consequential, exemplary, extra-contractual, or punitive damages of any kind whatsoever, including without limitation lost revenues or lost profits, which may or does result from the use of, access to, or inability to use the Site, the user materials, the Site Materials, the services, products, information and other materials on and in and made available through the Site, regardless of legal theory, whether or not the Endocrine Society had been advised of the possibility or probability of such damages, and even if the remedies otherwise available fail of their essential purpose.

According to Mountain Rose Herbs, ginger root the most widely used and available herbal remedy on the planet, with billions of people using it every day as both food and medicine.

A few of my other favorite natural remedies are not readily available in all stores, but I always keep them on hand:

Hi I have been exposed with radiation poisoning by the use of a hot air gun over a year ago... is there more information available or advise on natural remedies?

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SERVICE, AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS, INCLUDING, BUT NOT LIMITED TO, WAIVERS OF RIGHTS, LIMITATION OF LIABILITY, AND YOUR INDEMNITY TO US, AND THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN COURTS OR JURY TRIALS, AND LIMITS THE REMEDIES AVAILABLE IN THE EVENT OF A DISPUTE.

Electronic stability isn't available on the Escape Hybrid, something Ford will probably remedy in the next model year, as the Department of Transportation will make it a requirement.

If a third party asserts that you did not have all rights required to make your eBook available on NOOK Press, or if we believe that you may be in breach of your representations and warranties in this Agreement, we will be entitled to hold all Royalties due until we determine that the validity of the third party claim, that you were not in breach or have fully remedied your breach, as applicable.

If you notify us through the procedure we provide on A&A Printing sites for making claims of copyright infringement that a third party has made a Printed Books & Digital Books available for distribution through the Program (or for distribution in a particular territory through the Program) that you have the exclusive right to make available under the Program, then, upon your request and after verification of your claim, we will pay you the Royalties due in connection with any sales of the Printed Books & Digital Books through the Program, and will remove the Printed Books & Digital Books from future sale through the Program, as your sole and exclusive remedy.

Remedy: You can try paying down debt, taking on less debt in the future or increasing your available credit on your credit cards by requesting a credit limit increase from your card issuer.

Many users on online pet forums swear by natural remedies such as fish, olive, coconut and vitamin E oils — all of which are readily available.

With all the available (mis) information out there, here are my thoughts on some herbal and natural remedies which have been scientifically validated as a treatment for cancer — as well as some that look interesting but still need more study.

If your cat has a hairball, commercial cat laxative remedies are available that can be sprinkled on food and that provide a lubricant to help the hairball work its way through your cat's digestive system.

Some available natural remedies such as C - Caps on other hand can help to improve cellular strength.

RESCUE Remedy Pet is available in a dropper, so pet owners can administer it by adding four drops to the pet's food, water bowl or on a treat.

In the off chance that something goes awry in one of our apartments, our on - site maintenance service will be available to address and remedy the issue immediately.

Developer: Remedy Entertainment Publisher: Microsoft Studios Reviewed on: Xbox One Also available on: PC If we had to give it a numerical score: 8.5 / 10

Remedy's Alan Wake employed the same method on its release, with new copies of the game containing a code to download the first piece of DLC when it was available.

Remedy's creepy thriller will be available for # 19.99 (US price tbc) on November 23rd.

Now that Remedy Entertainment has completed development on Quantum Break (which will be available for the PC and Xbox One on April 5), the team might be getting ready to return to the adventures of an old friend.

Yesterday, Microsoft has confirmed that the Xbox One and Windows 10 exclusive third person game Quantum Break, developed by Remedy Entertainment, is finally going to become available on Steam in a little over a month.

Remedy's supernatural thriller gave us gaming's second best Barry, introduced us to «Night Springs», and then it left us with some wonderfully strange epilogue DLC in The Signal and The Writer, which are now available on the Xbox Marketplace at no charge.

Available on: Xbox One (reviewed), PC; Publisher: Microsoft Studios; Developer: Remedy Entertainment; Players: 1; Released: April 5, 2016; ESRB: M for Mature; MSRP: $ 59.99

IN THE EVENT OF ANY PROBLEM WITH A PRODUCT THAT YOU PURCHASED OR OTHERWISE AVAILABLE ON OR THROUGH THE SITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS LIMITED TO A REFUND OF THE PURCHASE PRICE OF THE PRODUCT.

It's a soothing remedy for the ever - switched on, always - available you.

IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL DAVID ZWIRNER, ITS AFFILIATES, SUBSIDIARIES OR LICENSORS, OR ANY OF THEIR RESPECTIVE MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENT AND CONTRACTORS (COLLECTIVELY, THE «PROTECTED ENTITIES») BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, INCLUDING LOST REVENUES OR LOST PROFITS, WHICH MAY OR DOES RESULT FROM THE USE OF, ACCESS TO, OR INABILITY TO USE THE WEBSITE, THE WEBSITE PROPRIETARY CONTENTS, USER INFORMATION, SUBSCRIBER INFORMATION, THE SERVICES, PRODUCTS, INFORMATION AND OTHER MATERIALS ON AND IN AND MADE AVAILABLE THROUGH THE WEBSITE, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT YOU OR DAVID ZWIRNER HAD BEEN ADVISED OF THE POSSIBILITY OR PROBABILITY OF SUCH DAMAGES, AND EVEN IF THE REMEDIES OTHERWISE AVAILABLE FAIL OF THEIR ESSENTIAL PURPOSE.

This leads on to considerations of costs, given that defamation is a High Court remedy for which legal aid has never been available.

For injunctions, the opinion suggested that although they are indivisible by nature, even a national court which is only competent to rule on part of the damages that have occurred would still be competent to rule on all other remedies available under national law (including a request to correct false information).

In Canada, absent an action for malicious prosecution — which as explained above, is rare in the extreme — there is no direct financial remedy available to an individual who has been on the wrong side of Crown discretion.

(a) they shall be made available by the registry authority and the administrative authorities in a Contracting State, as applicable, no later than five working days after the date on which the creditor notifies such authorities that it is entitled to procure those remedies in accordance with the Convention; and

Our Dispute Resolution Team are specialists in this area and also make use of the combined expertise of our Property Team and our Wills, Trusts & Probate team to assess your case and advise you on the options available to remedy a Breach of Trust.

In their submissions on this motion, the carriers appear to be under the mistaken impression that an appeal is available on errors of fact or that this is a judicial review proceeding where the remedy for an omission to make a relevant finding of fact would be to remit the case back to the trier of fact.

Educate them on, if you're going through this, there are solutions and remedies available to you, right.

Appropriate measures should be available where Article 4 is not respected and Article 10 on effective remedies seems of particular importance here.

The remedy available will depend on which country the children have been wrongfully retained in.

Comment The court indicated that the terms on which the alternative was available would be important in considering what remedy to grant.

However, the provision of an alternative may well impact on the remedy available.

While Canadian courts have repeatedly expressed reluctance to embrace Sullivan - style changes regarding actual malice, 175 three matters must be stressed: first, this proposal is markedly different from Sullivan and does not conflict with the reasons for which the SCC disparaged Sullivan; second, the public figure concept itself predates the Sullivan decision as a defence applicable in infringement of privacy cases and so can be relied on without being dragged into the vortex of debate over the advisability of Sullivan and its progeny; and third, Canadian defamation law already recognizes that certain plaintiffs require different treatment vis - à - vis the remedies available to them, 176 which can be construed as a latent foundation for acceptance of the public figure concept.

Where a real estate transaction has been terminated by a vendor and the purchaser still insists on closing, one remedy available to the purchaser as part of a lawsuit for specific performance of the contract is the issuance and registration of a certificate of pending litigation on title.

The attorneys at Deans & Lyons, LLP are routinely called upon to handle disputes over the formation and interpretation of contracts, the perfection of security interests, breaches of warranties, limitations on damages, available remedies, and many other issues that require a determination of whether — and if so, how — the UCC applies.

A. 20 In effect, this means that whilst decisions of the DSB create an obligation on the part of the losing party to comply with WTO rules, enforcement can be achieved by various means — including amicable settlement, compensation, or the suspension of trade concessions.101 Indeed, it was for this reason that the CJEU found in the case of Portugal v Council that a DSB decision did not oblige the losing party to achieve full implementation of its recommendations, where the possibility of temporary compensation or retaliatory measures remained available.102 In other words, the outcome was prescribed, but not the means.103 This contrasts with the position under EU law, where there is a right to an effective remedy from a judicial body.

Depending always on the facts, remedies can be available to terminated employees by bringing court actions for wrongful dismissal (where generally the length of time employed is a critical factor in assessment of damages); or by employment standards proceedings for unpaid wages3.

If there is a remedy available to an employee because of a human rights violation, the termination provision in the employment contract, even if otherwise valid, will have no impact on the claim.