Sentences with phrase «only by agreement of the parties»

You may see some instances of it being used in specific civil cases, but only by agreement of both parties, which is also done in some cases for Jews and every Credit Card application you sign that specifies dispute mediation instead of lawsuits.

Prior to the Act, joint custody orders had been entered only by agreement of the parties.

Not exact matches

We anticipate that, after consummation of the transactions contemplated by the 2014 Recapitalization Agreement and upon the closing of this offering, only the Post-IPO Note, and none of the Related - Party Notes or the Related - Party Warrants, would remain outstanding, and all of our outstanding shares of convertible preferred stock and common stock of various classes would be converted into shares of common stock.

We anticipate that, after consummation of the transactions contemplated by the 2014 Recapitalization Agreement and upon the closing of this offering, only the Post-IPO Note, and none of the Related - Party Notes or the Related - Party Warrants, would remain outstanding, and all of our issued and outstanding shares of convertible preferred stock and common stock of various classes would be converted into shares of common stock.

The Terms & Conditions above shall form the entire contract between the parties, and other terms shall only be imported if submitted in writing and agreed by the parties, such agreement to be evidenced, on behalf of The Publisher, by the signature of a competent director.

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.

The result is that Britain has developed a stop - go approach to reform, whereby reviews are entered into with reforming zeal, only for the ensuing proposals to be shelved by a failure of the main political parties to reach agreement.

The government clung to power only by negotiating a «confidence and supply» agreement with the 10 MPs from the Northern Ireland Democratic Unionist Party (DUP), at a reputed minimum cost of a # 1bn «bung» for public spending there.

And a long - standing gentlemen's agreement between the two major parties to not attack each other's stronghold in the legislature (Democrats control the Assembly, Republicans the Senate) has fostered a culture of impunity in Albany that has only been jostled, but not cleansed, by the frequent indictment of sitting lawmakers.

We have agreements and controls in place with credit bureaux, credit insurers, other lenders and third party service providers requiring that any information provided by us must be safeguarded and used only for the sole purpose of providing the service we have requested the company to perform.

The representations, warranties and covenants contained in the Agreements were made only for purposes of such agreements and as of the specific dates therein, were solely for the benefit of the parties to such agreements, and may be subject to limitations agreed upon by the contracting parties, including being qualified by confidential disclosures exchanged between the parties in connection with the execution of the AAgreements were made only for purposes of such agreements and as of the specific dates therein, were solely for the benefit of the parties to such agreements, and may be subject to limitations agreed upon by the contracting parties, including being qualified by confidential disclosures exchanged between the parties in connection with the execution of the Aagreements and as of the specific dates therein, were solely for the benefit of the parties to such agreements, and may be subject to limitations agreed upon by the contracting parties, including being qualified by confidential disclosures exchanged between the parties in connection with the execution of the Aagreements, and may be subject to limitations agreed upon by the contracting parties, including being qualified by confidential disclosures exchanged between the parties in connection with the execution of the AgreementsAgreements.

Under the terms of that agreement, Statoil and Masdar will analyse data from Batwind, not only to judge its performance to date but also to «explore the battery's potential for further applications and business opportunities», a joint statement issued by the two parties this morning read.

Our policy is: - Someone from the Commercialisation & Enterprise Team should approve and sign all Confidentiality Agreements: only our staff have the legal authority to sign agreements on behalf of the University all agreements should be between the University of East Anglia and the party requesting the agreement (not an individual academic or school) we will negotiate with the other party on any issues within the document that may be contentious by doing this we will ensure you the best protection of your IP rights (In special circumstances, authorisation may be obtained from the Commercialisation & Enterprise Team allowing you to sign the agreementAgreements: only our staff have the legal authority to sign agreements on behalf of the University all agreements should be between the University of East Anglia and the party requesting the agreement (not an individual academic or school) we will negotiate with the other party on any issues within the document that may be contentious by doing this we will ensure you the best protection of your IP rights (In special circumstances, authorisation may be obtained from the Commercialisation & Enterprise Team allowing you to sign the agreementagreements on behalf of the University all agreements should be between the University of East Anglia and the party requesting the agreement (not an individual academic or school) we will negotiate with the other party on any issues within the document that may be contentious by doing this we will ensure you the best protection of your IP rights (In special circumstances, authorisation may be obtained from the Commercialisation & Enterprise Team allowing you to sign the agreementagreements should be between the University of East Anglia and the party requesting the agreement (not an individual academic or school) we will negotiate with the other party on any issues within the document that may be contentious by doing this we will ensure you the best protection of your IP rights (In special circumstances, authorisation may be obtained from the Commercialisation & Enterprise Team allowing you to sign the agreement yourself.

One of the primary drivers of solar installations in other states has been third - party ownership of the systems, including third - party power purchase agreements (PPAs), under which the customer pays only for the power produced by the system.

Although a number of the parties at the negotiations have put forward time frames by which a legally binding agreement should be in force - ranging from 2015 to 2020 - the US has held firm that such an agreement need only be made after 2020.

Such amendments would not only present the advantage of ensuring that the Paris Agreement is not discarded for similar reasons than those invoked by the United States, it would also encourage the United States as well as other non-State Parties to reconsider their position on the Paris climate deal.

* avoidable only by either agreement between the parties or a court order based on the unfitness of the other parent on a high evidentiary threshold (in other words, the system in use in Europe for the last half century)

The Judge concluded the case by pointing out that the dispute demonstrated the range of possible outcomes when parties are calculating Close - Out Amounts, and the wisdom of ISDA making the changes that it did in the 2002 Agreement — NPC illustrated the type of outcome that a party given the role of decision maker and limited only by a requirement of rationality might press for, regardless of the fact of an actual replacement transaction.

In fact, a possible decision of the court to the effect that such an agreement is, either by reason of its content or of the procedure adopted for its conclusion, incompatible with the provisions of the treaty could not fail to provoke, not only in a community context but also in that of international relations, serious difficulties and might give rise to adverse consequences for all interested parties, including third countries.

Specifically, s. 22 (5) of the Limitations Act, 2002 allows parties to vary or exclude, by agreement, the otherwise applicable statutory limitation period; albeit it only applies only to «business agreements» as defined in s. 22 (6).

Since only a small minority of all cases in which someone wields a patent against someone else end up in court (most of the time, an agreement is negotiated), the harm suffered by third parties may even outweigh the issues patent holders have to deal with.

[91]... It is only where the current circumstances represent a significant departure from the range of reasonable outcomes anticipated by the parties, in a manner that puts them at odds with the objectives of the Act, that the court may be persuaded to give the agreement little weight.

An arbitration clause in a construction contract can take many forms, from a simple statement that the parties agree to refer any dispute arising between them to arbitration, to a detailed clause containing not only the agreement of the parties to arbitrate disputes, but also setting out how the arbitrator is to be appointed and the procedures to be used by the parties in the process.

Unless an agreement is covered entirely by the EU's exclusive competences, it will most likely be concluded in the form of a mixed agreement, i.e. an agreement to which not only the EU, but also the Member States are parties.

From a legal POV I might approach this slightly differently (but be mindful that what I propose may or may not be legal in Denver)- I might allow the current agreement to be canceled by all parties conditional on each tenant entering a suitable new agreement directly with the landord (and over only the part of the property they occupy).

If the parties wish to rely on a time and materials based solution, it should only be as a fall back solution, after the parties have attempted to negotiate agreement around price, say by escalating the pricing dispute through the internal steps of the dispute resolution process and as a condition of the Service Provider starting to perform the services.

Rather, if the parties agree to such binding arbitration, the agreement is either (a) void completely, or (b) enforceable, but only to the extent that the arbitrator's decision is completely reviewable by the court to determine the best interests of the child.

Financial claims can only be finalised by way of a court order, either one made by the court of its» own volition or by the sanctioning of an agreement reached between the parties.

[138] ALRI recommends that section 44 (2) be repealed, such that the only appeal route to the courts will be by agreement of the parties.

If no agreement is reached during direct negotiations or if the dispute is only settled in part the parties can (by mutual agreement) submit the dispute to the Common Market Group (political representatives of member states) to issue a recommendation.

As regards awards made in the territory of certain non-contracting States, the Romanian People's Republic will apply the Convention only on the basis of reciprocity established by joint agreement between the parties.

A prenup agreement drawn up by only one side of the parties could face issues if it later needs to be enforced.

Instructed by Bird and Bird LLP as sole counsel for the Claimant in this $ 15 million Commercial Court dispute in which the Defendant challenged jurisdiction on the basis (inter alia) that jurisdiction agreements operating in favour of one party only are enforceable.

Mediators should try to determine whether the agreement proposed by «both parties» may be really the thoughts of only one, and whether the other party feels coerced.

Although the policy did not define the term «actual cash value,» it expressly provided that the policy contained all the agreements between the parties concerning the insurance afforded and that the terms of the policy could be amended or waived only by endorsement issued by the insurer.

The court will only grant leave if it finds four conditions to be satisfied: (a) the determination of the question will substantially affect the rights of one or more of the parties; (b) the question is one which the tribunal was asked to determine; (c) the decision of the tribunal was obviously wrong, or the question is one of general public importance and at least open to serious doubt; and (d) despite the agreement of the parties to resolve the matter by arbitration, it is just and proper in all of the circumstances for the court to determine the question.

An application under section 9 is not the only means by which a party can seek to restrain court proceedings allegedly brought in breach of an arbitration agreement.

By way of example only (and not by limitation), if the parties do not agree on whether a particular Dispute is subject to arbitration under this arbitration agreement, the proper tribunal to decide such Dispute is the United States District Court (for the appropriate district, as provided above) or, absent subject matter jurisdiction in that United States District Court, in the appropriate state court (as described aboveBy way of example only (and not by limitation), if the parties do not agree on whether a particular Dispute is subject to arbitration under this arbitration agreement, the proper tribunal to decide such Dispute is the United States District Court (for the appropriate district, as provided above) or, absent subject matter jurisdiction in that United States District Court, in the appropriate state court (as described aboveby limitation), if the parties do not agree on whether a particular Dispute is subject to arbitration under this arbitration agreement, the proper tribunal to decide such Dispute is the United States District Court (for the appropriate district, as provided above) or, absent subject matter jurisdiction in that United States District Court, in the appropriate state court (as described above).

Where a decree nisi is obtained by consent or where the decree nisi has incorporated maintenance provisions contained in the separation agreement made between the parties the court should not lightly disturb the order and the party seeking the variation must show not only some changes in circumstances, but conditions which arouse the conscience of the court and call for action.

(a) only to its personnel and subcontractors to the extent that: (i) the use, disclosure and making available thereof is necessary for the performance of the receiving party's rights or obligations under this Agreement; and (ii) such persons have an actual need to know such information and have signed non-disclosure agreements as required by this Agreement;»

Some encouragement can be derived from provisions such as s 42 of the English Arbitration Act 1996, which explicitly allows courts to mandate compliance with tribunals» orders (albeit only as long as there is no agreement by the parties to the contrary and the seat of the arbitration is in England or Wales), and recent US case law under the Federal Arbitration Act in support of enforcement of tribunals» determinations relating to disclosure.

2.3 Early Termination Either party may immediately terminate this Agreement at any time and for any reason by providing the other party with written notice; provided however that such early termination shall only be effective if the Vendor is not in default as of the date of the proposed termination and has paid to Company all sums owed to NPRIC, including, but not limited to, any unpaid License Fees or any other obligations incurred by Vendor.

In states that recognize them, obtaining an order for legal separation only requires a petition signed by both parties and filed in county court, as well as a signed agreement stipulating the division of property and provisions for child support and other financial support.

A debt may only be determined to be nonmarital by either agreement of the parties or determination of the judge.

A debt may only be determined to be nonmarital by agreement of the parties or determination of the judge.

An asset may only be determined to be nonmarital by either agreement of the parties or determination of the judge.

The court stated that this concern with the nature of the parties» custodial arrangement was not dependent on the terms used by the parties to describe their arrangement as the terms of their agreement and the divorce judgment indicated that the parties only had joint legal custody.

An asset may only be determined to be marital by agreement of the parties or determination of the judge.

The Commission agrees with his Honour's views and recommends that s 87 be amended so as to provide that only the parties whose interests are substantially affected by the outcome need to be party to an agreement made under the relevant Part of the Act.

That the test for party status in s 84 (3)(a)(iii) of the Native Title Act and proposed s 94J (6) in item 35 of Schedule 1 to the Bill be amended to provide that only the parties whose interests are substantially affected by the outcome need to be party to an agreement made under the Act.