Sentences with phrase «on enforcing agreements»

In particular, she has advised on enforcing agreements regulated by the Consumer Credit Act, appeared on behalf of police forces in the Magistrates» Court dealing with breaches of Domestic Violence Protection Orders, and had experience in HMRC confiscation proceedings.

Not exact matches

And on July 30, 2010, the Obama Administration promised to review and possibly challenge Guatemala's labor practices if that country did not show the U.S. government that it is both effectively enforcing its labor laws and complying with the agreement.

The department is conditioning that exemption on an agreement to adhere to practices that the department has no authority to require or enforce, and that will therefore be administered instead by the class - action bar.»

Contract law, for example, provides that by doing or saying certain things people can make binding agreements with one another that will be enforced by judicial authorities in the event that one or more parties fail to follow through on the agreement.

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.

«Unless there is a specific attack on the arbitration agreement itself, that part must be enforced, even if Daniels, for instance, asserts the invalidity of the overall «Hush Agreement» that contains iagreement itself, that part must be enforced, even if Daniels, for instance, asserts the invalidity of the overall «Hush Agreement» that contains iAgreement» that contains it.»

On Ethereum, tokens are also known as smart contracts that are intended to digitally facilitate, verify, or enforce the negotiation or performance of an agreement.

Now more than ever, record labels and recording artists» agents are vigilant about enforcing licensing agreements and following up on violations.

Astorino has been outspoken against the U.S. Department of Housing and Urban Development, HUD, claiming the agency has sought to extend the parameters of the agreement and attempted to strong arm the county into enforcing, by even litigation, zoning regulations on its own municipalities.

The agreement does provide the Joint Commission on Public Ethics with $ 1.2 million extra to enforce these regulations between tomorrow and March, 2016.

However, in December 2011, because no European agreement had been reached on enforcing the ban on battery cages, the British government announced that it had instead been working closely with the domestic egg industry, processors, food manufacturers, the food service sector and retailers to reach «a voluntary consensus» not to sell or use battery - farmed eggs and help British consumers to avoid buying them unwittingly.

CCSA, on behalf of the charter schools in LAUSD, filed a lawsuit in May 2010, to enforce LAUSD's compliance with Prop. 39 and a 2008 Settlement Agreement, the result of a previous lawsuit filed by CCSA and certain charter school operators against LAUSD.

The date on which the Settling Defendant notifies the E-book Retailer in writing that the Settling Defendant will not enforce any term (s) in its agreement with the E-book Retailer that restrict, limit, or impede the E-book Retailer from setting, altering, or reducing the Retail Price of one or more E-books, or from offering price discounts or any other form of promotions to encourage consumers to Purchase one or more E-books.

We will disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on Le French Book or the site; (b) protect and defend the rights or property of Le French Book (including enforcing this agreement); and, (c) act under exigent circumstances to protect the personal safety of users of Le French Book, or the public.

We may disclose your personal information with or without your knowledge or consent when we are permitted or required to do so by applicable law, government request or court order, or based on our good faith belief that it is necessary to do so in order to comply with such law, request or court order; to enforce or apply applicable terms and conditions and other agreements; or to protect the rights, property or safety of our organization, our supporters, other users, pets in the care of organizations that we work with, the public or others.

The maximum occupancy is stated on your rental agreement and will be strictly enforced.

You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated «scraping»; (ii) using any automated system, including without limitation «robots,» «spiders,» «offline readers,» etc., to access the Service in a manner that sends more request messages to the Company servers than a human can reasonably produce in the same period of time by using a conventional on - line web browser (except that Humble Bundle grants the operators of public search engines revocable permission to use spiders to copy materials from Humble Bundle for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes, or may impose in our sole judgment an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Service; (vii) collecting or harvesting any personally identifiable information, including account names, from the Service; (viii) using the Service for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Service; (xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; (xii) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein; (xiii) sell, assign, rent, lease, act as a service bureau, or grant rights in the Products, including, without limitation, through sublicense, to any other entity without the prior written consent of such Products» (defined below) licensors; (xiv) circumventing Service limitations on the number of Products you may purchase, including, without limitation, creating multiple accounts and purchasing a total number of Products through such multiple accounts which exceed the per - user limitations; or (xv) except as otherwise specifically set forth in a licensor's end user license agreement, as otherwise agreed upon by a licensor in writing or as otherwise allowed under applicable law, distributing, transmitting, copying (other than re-installing software or files previously purchased by you through the Service on computers, mobile or tablet devices owned by you, or creating backup copies of such software or files for your own personal use) or otherwise exploiting the Products (defined below) in any manner other than for your own private, non-commercial, personal use.

See for example Snubbed In Copenhagen, EU Weighs Climate Options, a Reuters piece that told us that «Officials acknowledge privately that the mandatory system for enforcing emissions curbs created by the 1997 Kyoto protocol is doomed because China won't accept any constraints on its future economic growth, and the United States won't join any agreement that is not binding on Beijing.»

See for example Snubbed In Copenhagen, E.U. Weighs Climate Options, a Reuters piece that told us that «Officials acknowledge privately that the mandatory system for enforcing emissions curbs created by the 1997 Kyoto protocol is doomed because China won't accept any constraints on its future economic growth, and the United States won't join any agreement that is not binding on Beijing.»

We would like to see the UK continue to take the lead in upholding it on the world stage, and to use its influence at an international level to foster agreement and clarity on what the Rule of Law means and how it can be sustained in practice, so as to enable citizens effectively to enforce the rights to which they are entitled.

The Appeals Court affirmed the trial court verdict on all grounds enforcing an asset purchase agreement and rejecting claims of fraud asserted by the owners of a remodeled Dunkin' Donuts restaurant.

For instance, in a 1968 case, a Swiss court refused to issue an enforcement order on the grounds that the arbitral tribunal had not complied with the agreement of the parties that «all disputes should be settled in one and the same arbitral proceedings» and instead conducted the arbitration in two stages.904 In a 2001 case, the Italian Supreme Court enforced a first award but not a second award made with respect to the same dispute.

In keeping with the pro-enforcement bias of the New York Convention, article V (1)(c) provides «that part of the award which contains decisions on matters submitted to arbitration may be recognized and enforced», provided that matters properly within the scope of the arbitration agreement «can be separated from those not so submitted.»

However, the case was appealed and while the appeal court ultimately decided that the separation agreement was void as against public policy, it also noted that courts needed to use caution in finding contracts to be void as contrary to public policy so that the doctrine does not «unduly impinge on the basic right to enforce engagements freely and voluntarily made.»

Second, the text of article V (1)(c) only provides grounds for refusing to recognize or enforce awards that decide on issues which go «beyond» the parties» agreement to arbitrate.

Re Quiet Moments Ltd [2013] EWHC 3806; [2014] EWCA Civ 1536 Ben acted for the petitioner on an application to wind up a company on the just and equitable ground and claims by the petitioner to enforce compulsory transfer provisions contained in a shareholders» agreement.

In its decision released on June 21, 2012 in Bowes v. Goss Power Products Ltd., 2012 ONCA 425, the Ontario Court of Appeal confirmed that where an employer has agreed to continue paying salary to a dismissed employee for a fixed period in a written employment agreement, that is the obligation and it will be enforced.

There is a dearth of authority on the issue of the extent to which a court in Ireland will take a prenuptial agreement into consideration in its distribution of assets and, in the absence of such authority, it is assumed that Irish courts will not consider (and will almost certainly refuse to automatically enforce) a prenuptial agreement.

The advantage is that English law is more predictable when the express words of the agreement will normally be enforced and there are tight controls on judicial interference when deals do not turn out as the parties expected.

Contracts are written on the assumption that the courts are available to help parties enforce their agreements.

Hioureas will serve as panelist on «Climate Change Arbitration: The Key to «Climate Justice for All» After the Paris Agreement,» where the advantages and disadvantages of using international arbitration will be explored as a means to enforce the Paris Agreement on Climate Change.

If a marriage subject to a prenuptial agreement dissolves and one of the parties fails to take action on claims contained in that prenuptial agreement for a considerable period of time, it is possible the court will prohibit that person from enforcing the agreement due to the amount of time lapsed.

If you are negotiating an important Vancouver separation agreement you need lawyers who negotiate, enforce and seek to vary Vancouver separation agreements on a daily basis.

While similar cases will depend on the language of the particular collective agreement, this case demonstrates that an employer can be successful in enforcing its attendance management policy, assuming that the employer's human rights obligations are not engaged.

Jackson LJ remarked that the legal community seems to be in agreement that «the «cards on the table» approach enforced by the exchange of witness statements» is successful in «prevent [ing] «trial by ambush»».

This makes it hard to advise parties contemplating marriage on the enforceability of any contemplated prenuptial agreement and to advise spouses considering divorce on whether such agreements will be enforced.

On Feb. 29, 2016, the European Commission released a draft adequacy decision and the legal texts that form the proposed Privacy Shield, including written assurances from the U.S. government to enforce the agreement and the so - called Privacy Shield Principles that will bind participating U.S. companies.

It is a mistake to think that countries are founded on agreements that should be written into the constitution and enforced.

Stephen also regularly advises companies and represents them in litigation on matters related to the protection of trade secrets and enforcing non - compete / non-solicitation agreements.

They are «taken into account» and may be a significant factor in a divorce case to the extent that the English judge feels that it is proper to do so, depending on the circumstances of the case.It also means that if a prenuptial agreement is renegotiated and revised after the parties marry, it will likely be enforced.

From early evidentiary hearings on class certification to making law on enforcing class waivers in arbitration agreements, we work the strategy necessary for maximum advantage.

International Arbitration and Forum Selection Agreements: Drafting and Enforcing, Fourth Edition Drawing on a wealth of practical experience and academic analysis, this extensively revised and expanded fourth edition offers model arbitration and forum selection clauses for international contracts and explains the advantages and disadvantages of different approaches.

International Arbitration and Forum Selection Agreements: Drafting and Enforcing, Fifth Edition Drawing on a wealth of practical experience and academic analysis, this extensively revised edition expands upon one of the classic works in the field.

However, the third paragraph of recital 12 complicates matters as it provides that where a member state court exercising jurisdiction under the Brussels I (recast) or national law has determined that an arbitration agreement is null and void, inoperative or incapable of being performed, the court's judgment on the substance of the matter can be recognised or enforced in accordance with Brussels I (recast)(although this is expressed as without prejudice to the competence of member state courts to decide on recognition and enforcement of arbitral awards in accorded with the New York Convention which «takes precedence over» Brussels I (recast)-RRB-.

On behalf of a national telecommunications company persuaded court to issue a preliminary injunction enforcing terms of its noncompetition and nonsolicitation agreement

We have successfully litigated cases on behalf of employers to enforce such agreements and employees to defend against them.

Because the Kentucky Supreme Court invalidated the Clark - Kindred arbitration agreement in this nursing home matter, based exclusively on the clear - statement rule, the court must now enforce that agreement.

Accordingly, all claims made by or against Dubai World and its subsidiaries must be brought before the Special Tribunal, with the exception of claims which are subject to a binding arbitration agreement; as decided by the first Practice Direction issued by the Special Tribunal on 30 March 2010, which had stated that it will be the policy of the Special Tribunal to respect and enforce arbitration agreements.

She will explain how an analysis of the circumstances and timeline of the signing of the prenuptial agreement may preclude courts from making a pretrial ruling on summary judgment as to whether a prenuptial agreement should be enforced or set aside.

Where the Minister certifies by notice, published in the Canada Gazette, that any country that is not a treaty country grants or has undertaken to grant, either by treaty, convention, agreement or law, to citizens of Canada, the benefit of copyright on substantially the same basis as to its own citizens or copyright protection substantially equal to that conferred by this Act, the country shall, for the purpose of the rights conferred by this Act, be treated as if it were a country to which this Act extends, and the Minister may give a certificate, notwithstanding that the remedies for enforcing the rights, or the restrictions on the importation of copies of works, under the law of such country, differ from those in this Act.