Sentences with phrase «on termination provisions»

Advised Vodafone on the termination provisions (for breach) of the distributorship agreement with the airtime distributor.

The court disagreed, stating that the employer was entitled to rely on the termination provisions that they had initially agreed upon with Ms. Moore.

Not exact matches

Such risks, uncertainties and other factors include, without limitation: (1) the effect of economic conditions in the industries and markets in which United Technologies and Rockwell Collins operate in the U.S. and globally and any changes therein, including financial market conditions, fluctuations in commodity prices, interest rates and foreign currency exchange rates, levels of end market demand in construction and in both the commercial and defense segments of the aerospace industry, levels of air travel, financial condition of commercial airlines, the impact of weather conditions and natural disasters and the financial condition of our customers and suppliers; (2) challenges in the development, production, delivery, support, performance and realization of the anticipated benefits of advanced technologies and new products and services; (3) the scope, nature, impact or timing of acquisition and divestiture or restructuring activity, including the pending acquisition of Rockwell Collins, including among other things integration of acquired businesses into United Technologies» existing businesses and realization of synergies and opportunities for growth and innovation; (4) future timing and levels of indebtedness, including indebtedness expected to be incurred by United Technologies in connection with the pending Rockwell Collins acquisition, and capital spending and research and development spending, including in connection with the pending Rockwell Collins acquisition; (5) future availability of credit and factors that may affect such availability, including credit market conditions and our capital structure; (6) the timing and scope of future repurchases of United Technologies» common stock, which may be suspended at any time due to various factors, including market conditions and the level of other investing activities and uses of cash, including in connection with the proposed acquisition of Rockwell; (7) delays and disruption in delivery of materials and services from suppliers; (8) company and customer - directed cost reduction efforts and restructuring costs and savings and other consequences thereof; (9) new business and investment opportunities; (10) our ability to realize the intended benefits of organizational changes; (11) the anticipated benefits of diversification and balance of operations across product lines, regions and industries; (12) the outcome of legal proceedings, investigations and other contingencies; (13) pension plan assumptions and future contributions; (14) the impact of the negotiation of collective bargaining agreements and labor disputes; (15) the effect of changes in political conditions in the U.S. and other countries in which United Technologies and Rockwell Collins operate, including the effect of changes in U.S. trade policies or the U.K.'s pending withdrawal from the EU, on general market conditions, global trade policies and currency exchange rates in the near term and beyond; (16) the effect of changes in tax (including U.S. tax reform enacted on December 22, 2017, which is commonly referred to as the Tax Cuts and Jobs Act of 2017), environmental, regulatory (including among other things import / export) and other laws and regulations in the U.S. and other countries in which United Technologies and Rockwell Collins operate; (17) the ability of United Technologies and Rockwell Collins to receive the required regulatory approvals (and the risk that such approvals may result in the imposition of conditions that could adversely affect the combined company or the expected benefits of the merger) and to satisfy the other conditions to the closing of the pending acquisition on a timely basis or at all; (18) the occurrence of events that may give rise to a right of one or both of United Technologies or Rockwell Collins to terminate the merger agreement, including in circumstances that might require Rockwell Collins to pay a termination fee of $ 695 million to United Technologies or $ 50 million of expense reimbursement; (19) negative effects of the announcement or the completion of the merger on the market price of United Technologies» and / or Rockwell Collins» common stock and / or on their respective financial performance; (20) risks related to Rockwell Collins and United Technologies being restricted in their operation of their businesses while the merger agreement is in effect; (21) risks relating to the value of the United Technologies» shares to be issued in connection with the pending Rockwell acquisition, significant merger costs and / or unknown liabilities; (22) risks associated with third party contracts containing consent and / or other provisions that may be triggered by the Rockwell merger agreement; (23) risks associated with merger - related litigation or appraisal proceedings; and (24) the ability of United Technologies and Rockwell Collins, or the combined company, to retain and hire key personnel.

Take the time to look at these contracts before you sign them, particularly the provisions on the grant of rights and termination.

This arbitration provision shall survive: i) the termination of the Agreement; ii) the bankruptcy of any party; iii) any transfer, sale or assignment of your Savings Account, or any amounts owed on your Savings Account, to any other person or entity; or iv) closing of the Savings Account.

Cause for such termination may include, but not be limited to: (i) breaches or violations of these Terms or any provision of these Terms; (ii) requests by law enforcement or other government agencies; (iii) a request by you (self - initiated); (iv) discontinuance or material modification to the Services (or any part thereof); (v) unexpected technical or security issues or problems; (vi) extended periods of inactivity; (vii) fraudulent or illegal activities performed by or on behalf of you in connection with the Services or the Sites; (viii) discontinuance of the Services as a whole; (ix) a statement by you that you no longer agree to these Terms, or a statement by you otherwise requesting termination of your access to the Services; (x) completion of the Animal League or other fundraising event or program in which you are participating; and / or (xi) any other reason reasonably considered by Animal League to be in its best interest.

The employee filed a charge claiming that her termination violated a provision of the National Labor Relations Act that protects concerted activity on behalf of employees to improve wages or working conditions.

Sarah has a particular interest in advising clients in the legal and financial services sectors and advises fund managers, partners and firms on issues arising when joining or leaving a fund, remuneration structures (including carried interest and good leaver / bad leaver provisions), and post termination restrictions.

Sarah also advises partners, partnerships, LLP members and LLPs on a wide range of issues including termination provisions, discrimination, remuneration, breach of duties and dissolution of partnerships.

We advise on and negotiate major strategic alliancing contracts for long - term regeneration projects and sustainable development involving major housing association groups, the university sector, local authorities, developers and other stakeholders, requiring construction contract packages incorporating complex financial models, land transactions and termination provisions for programmes covering multiple sites.

Finally, while the Court's decision in Nemeth suggests that silence on entitlements such as severance pay and benefits continuation may not always be fatal to a termination provision, it may still be wise to err on the side of inclusion.

He regularly acts and advised on disputes centred on deferred remuneration provisions or deferred consideration in LLP and shareholder agreements or in relation to the effect and operation of termination provisions.

The Court also concluded that the termination provision's silence on severance pay did not make it void and unenforceable.

So for example, there are numerous questions about what Brexit might do to existing contractual relationships: for instance, could agreements relating to the provision of goods or services into or out of the EU be vulnerable to termination on the basis of frustration, or pursuant to force majeure or material adverse change (MAC) clauses?

There had been a real willingness on the part of lower courts to rule that under - inclusive termination provisions were unenforceable, and that employees subject to them were actually entitled to common law notice of termination (which, again, is often far in excess of what the ESA provides for).

On this point see my comments in the post ONCA Upholds 15 - Day Termination Provision - Important Lessons for the Suddenly Unemployed concerning the case of Musoni v. Logitek Technology Ltd., 2013 ONCA 622.

Some service providers still argue the necessity of having a reciprocal termination for convenience provision on the ground that the outsourcing relationship may not work as planned and the service provider should be allowed to exit.

The Court reviewed the jurisprudence on the enforceability of ESA - only termination provisions and noted the employee received more compensation than she would have under the ESA.

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.

On that point, if the Ontario government wanted to provide real protection to workers it would amend the Employment Standards Act, 2000 to make its termination provisions similar to those of the Canada Labour Code.

Ellen provides advice to employers and employees in plain English on all aspects of employment law including: drafting and reviewing employment contracts, workplace policies, termination provisions, non-competition clauses and restrictive covenants, wrongful and constructive dismissal litigation, employment standards, workplace investigations, occupational health and safety issues as well as human rights in the workplace.

Licensing Termination Provisions for Under - performing License Agreements After securing a patent on an invention and you are making money, another company may want to use the patented technology in their product or service.

In his reasons for decision, the Honourable Justice Paul Kane of the Ontario Superior Court of Justice sitting in Ottawa, challenges recent decisions from the Ontario courts on the issues of both contractual termination provisions and statutory severance.

Simon is frequently called upon to advise on the meaning, effect, enforcement and proper construction of commercial contracts, including post termination restrictions, indemnities and repayment clauses, Romalpa or retention of title clauses, and commercial TUPE provisions.

For franchisors who wish to terminate a franchise agreement with a franchisee, or to terminate a franchisee so to speak, the analysis usually focuses on the default and termination provisions in the franchise agreement.

Where the termination provisions of existing employment contracts do not explicitly provide an entitlement to benefits during the notice period, employers should seek legal advice on how to best address such circumstances.

Term: The Term of this HIPAA Addendum shall be effective as of the first day that the Covered Entity provides PHI to BirdEye and shall terminate when all of the PHI provided by the Covered Entity to BirdEye, or created or received by BirdEye on behalf of the Covered Entity, is destroyed or returned to the Covered Entity, or if it is infeasible to return or destroy PHI, protections are extended to such information in accordance with the termination provisions in this Section.

If you do something that violates the contract, and then later get the company to terminate the provisions, you're still on the hook for what you did before the company agreed to the termination.

The Divisional Court went on to hold that a tenancy for a fixed, lifetime, term does not violate the provisions of the Act and that the various termination options would be available to the brother at the end of the term (i.e. when the sister died).

When employers draft generous termination provisions providing for more than statutory minimums, they must follow through on that generosity when terminating employees.

A contractual provision on termination can be good for both parties entering into an employment contract because it provides certainty in the event of termination, and avoids costly litigation and recourse to lawyers and courts.

The Ontario Court of Appeal has again weighed in on the issue of termination provisions in employment contracts.

For example, there is a cap on termination and / or severance pay, but there is no maximum award for violations of the parental or maternity leave provisions of the legislation.

Policy termination or Surrender Benefit: This policy acquires Surrender Value on the completion of three full policy years with the provision that all premiums were paid.

The ICA may remove any User from the ICA Data Globe at any time should the User commit, is believed to have committed, or allows to be committed a breach of any of the provisions of these terms and conditions, and on termination the User shall cease using the data and erase the data from all forms of digital storage.

A provision that if the insurance, or any portion of it, on a person covered under the policy, or on the dependent of a person covered, ceases because of termination of employment or termination of membership in the class or classes eligible for coverage under the policy, the person or dependent is entitled, without evidence of insurability, to an individual policy of life insurance.

Policy Termination or Surrender Benefit: This policy acquires Surrender Value on the completion of three full policy years with the provision that all premiums were paid.

Policy Termination or Surrender Benefit: This policy acquires Surrender Value on the completion of two full policy years with the provision that all premiums were paid.

Customer shall have the responsibility of promptly terminating service on any vehicle for which it transfers title and Customer shall bear all costs for the service until such time as the service is terminated pursuant to this termination provision.

Furthermore, Mangas Martín recalls that if respect for democracy and human rights were a «democratic basis for cooperation», a further step could be taken to transform it into a provision essential to the accomplishment of the object or purpose of the treaty that could open a way to invoke art. 60 of the Vienna Convention on the Law of Treaties, that is, to invoke the violation of human rights and democracy as a cause of termination or suspension of the treaty.

adoption service (s)(in intercountry adoption) The six major services provided by adoption service providers: (1) Identifying a child for adoption and arranging an adoption; (2) Securing the necessary consent to termination of parental rights and to adoption; (3) Performing a background study on a child or a home study on a prospective adoptive parent (s), and reporting on such a study; (4) Making nonjudicial determinations of the best interests of a child and the appropriateness of an adoptive placement for the child; (5) Monitoring a case after a child has been placed with prospective adoptive parent (s) until final adoption; or (6) When necessary because of a disruption before final adoption, assuming custody and providing (including facilitating the provision of) child care or any other social service pending an alternative placement.

The following example demonstrates how this provision works: where rent is due monthly, the termination would become effective in the month following the termination (so, if rent is due on the first of the month and tenant sends the termination notice on July 10th, termination occurs on August 31st.)

The Divisional Court went on to hold that a tenancy for a fixed, lifetime term does not violate the provisions of the act and that the various termination options would be available to the brother at the end of the term (when the sister died).