Sentences with phrase «other applicable limits»

These are set aside as secondary areas of coverage, meaning they are only applied once other applicable limits are exhausted.

Not exact matches

To the extent your User Content contains other materials or elements owned by NBCUniversal or any other affiliated company, such as characters or other elements protected by copyright, trademark or other laws, your rights to make any other use of the User Content will continue to be governed by and may be limited by other applicable laws, the rights of third parties and NBCUniversal.

Under the Bonus Plan, our compensation committee, in its sole discretion, determines the performance goals applicable to awards, which goals may include, without limitation: attainment of research and development milestones, sales bookings, business divestitures and acquisitions, cash flow, cash position, earnings (which may include any calculation of earnings, including but not limited to earnings before interest and taxes, earnings before taxes, earnings before interest, taxes, depreciation and amortization and net earnings), earnings per share, net income, net profit, net sales, operating cash flow, operating expenses, operating income, operating margin, overhead or other expense reduction, product defect measures, product release timelines, productivity, profit, return on assets, return on capital, return on equity, return on investment, return on sales, revenue, revenue growth, sales results, sales growth, stock price, time to market, total stockholder return, working capital, and individual objectives such as MBOs, peer reviews, or other subjective or objective criteria.

Benefits that have been earned or accrued, as well as prorated bonuses, accelerated stock or option vesting and other benefits that are consistent with HP Co.'s practices applicable to HP Co. employees other than the Section 16 officers, are not counted against the limit.

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.

Saxo Bank and / or any third - party Information Provider (s) reserve all rights to proprietary information (including, but not limited to, all intellectual property rights such as; patents, trade marks, service marks, copyrights, database rights, topography rights, industrial design, know - how, trade secrets, trade names, logos, designs, symbols, emblems, insignia, slogans, drawings, plans and other identifying materials, in all forms whether or not registered or capable of registration and any other rights relating to intellectual property in accordance with the applicable laws,) subsisting in or relating to the Services.

If required to do so by law or in the good faith belief that such action is appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities, including public and government authorities outside your country of residence; (d) to enforce our terms and conditions; (e) to protect our operations or those of any of our affiliates; (f) to protect our rights, privacy, safety or property, and / or that of our affiliates, you or others; and (g) to allow us to pursue available remedies or limit the damages that we may sustain.

Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.

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.

Non-GMO Project hereby grants you a non-exclusive, revocable license to use the Website and any materials provided via the website solely for Your own personal use, subject to and as set forth in this Agreement only upon the express condition that You accept each provision of this Agreement and provided that: (i) you will not reproduce, copy, distribute, or make derivative works of the Website, the Standard (except for the limited right to download a personal copy of the Standard), or any other materials form the Website, in any medium without Non-GMO Project's prior written consent; (ii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purposes; and (iii) you will otherwise act in accordance with the terms and conditions of the Agreement and in accordance with all applicable local, state, and federal laws.

A number of factors could cause actual results or outcomes to differ materially from those indicated by such forward - looking statements, including but not limited to, (1) our ability to open new restaurants and food and beverage locations in current and additional markets, grow and manage growth profitably, maintain relationships with suppliers and obtain adequate supply of products and retain our key employees; (2) factors beyond our control that affect the number and timing of new restaurant openings, including weather conditions and factors under the control of landlords, contractors and regulatory and / or licensing authorities; (3) changes in applicable laws or regulations; (4) the possibility that the Company may be adversely affected by other economic, business, and / or competitive factors; and (5) other risks and uncertainties indicated from time to time in our filings with the SEC, including our Annual Report on Form 10 - K filed on March 30, 2016 and our Quarterly Report on Form 10 - Q filed on August 15, 2016.

You agree to defend, indemnify, and hold harmless the Action Network Group and its affiliates and their officers, directors, employees, consultants, agents, licensors, and suppliers from and against any and all claims, losses, expenses, liabilities, settlements, litigation, damages, and / or costs (including, but not limited to, fees, costs and other expenses of attorneys and expert witnesses) arising out of or related to: (i) your use of the Site, including, but not limited to, any Materials or User Content, (ii) any violation of these Terms of Use or applicable law by you in connection with your use of the Site, including, but not limited to, any Materials or User Content, (iii) any actual or alleged infringement by you, or any person accessing the Site, including, but not limited to, any Materials or User Content, using your password or account identifier, of any intellectual property or privacy or other right of any third party, or (iv) any unauthorized use of password protected Materials or User Content utilizing your account information, whether or not known or authorized by you.

From time to time, we may use your Personal Information and Traffic Data: (a) if we need to respond to valid legal process, including, but not limited to, a search warrant, subpoena, or court order, and any other instance when we believe we are required to do so by law; or (b) if we deem it necessary to disclose Personal Information or Traffic Data, in our sole discretion, to comply with any applicable law, regulation, legal process or governmental request, or to protect our rights or interests.

Choose an obstetrician or health care provider Interview potential doctors Contact health insurance company about coverage Start and pregnancy and birth budget Discuss financial effects of pregnancy and baby with partner Stop smoking Stop drinking Stop using street drugs Talk to your physician about any prescription medications Drink at least 8 glasses of water every day Visit the doctor at least once per month or every 4 weeks Do not dye or perm hair Stop drinking coffee and other caffeinated beverages Exercise daily Start taking prenatal vitamins Eat foods rich in folic acid Eat iron rich foods Increase daily intake of whole grains, fruits and vegetables Nap as much as possible as fatigue is common Eat fish with low levels of mercury no more than 2 days per week Do not eat undercooked meats Do not eat unpasteurized dairy producs Do not eat cold cut deli meats Allow someone else to clean out the kitty litter, if applicable Limit exposure to chemicals Try to limit stress and tension Complete all prenatal tests — HIV, Chlamydia, Gonorrhea, Anemia, Blood Typing, Sickle Cell Anemia, Urine Screening and RubLimit exposure to chemicals Try to limit stress and tension Complete all prenatal tests — HIV, Chlamydia, Gonorrhea, Anemia, Blood Typing, Sickle Cell Anemia, Urine Screening and Rublimit stress and tension Complete all prenatal tests — HIV, Chlamydia, Gonorrhea, Anemia, Blood Typing, Sickle Cell Anemia, Urine Screening and Rubella.

Liability - To the extent permitted by the applicable law, we disclaim all representations and warranties with respect to the Site and any Material thereon, either express or implied, including but not limited to any implied warranties of merchantability or fitness for any particular purpose; in no event will we be liable for indirect, special, incidental or consequential loss or damage which may arise in respect of the Site, its use, or in respect of other equipment or property, or for loss of profit, business, revenue, goodwill or anticipated savings, even if we have been advised of the possibility of such loss.

Its charter is to «review all city information policies, including but not limited to, policies regarding public access to city produced or maintained information, particularly, computerized information; (ii) the quality, structure, and costs to the public of such information; (iii) agency compliance with the various notice, comment, and hearing provisions of the charter and other laws applicable to city agencies; and (iv) the usefulness and availability of city documents, reports, and publications.»

(Adult stem cells, on the other hand, are much more limited in their potential; they can usually only become a few different cell types, and consequently are not applicable for treating as wide a variety of diseases as hESCs are.)

ELITESINGLES does not exclude or limit in any way its liability for: i) death or personal injury caused by ELITESINGLES «negligence; ii) fraud or fraudulent misrepresentation; iii) any other liability which can not be limited or excluded by applicable law.

The commissioner may also place under preliminary registration review any school that has conditions that threaten the health, safety and / or educational welfare of students or has been the subject of persistent complaints to the department by parents or persons in parental relation to the student, and has been identified by the commissioner as a poor learning environment based upon a combination of factors affecting student learning, including but not limited to: high rates of student absenteeism, high levels of school violence, excessive rates of student suspensions, violation of applicable building health and safety standards, high rates of teacher and administrator turnover, excessive rates of referral of students to or participation in special education or excessive rates of participation of students with disabilities in the alternate assessment, excessive transfers of students to alternative high school and high school equivalency programs and excessive use of uncertified teachers or teachers in subject areas other than those for which they possess certification.

To the fullest extent permitted by applicable law, the National Education Union expressly disclaims all warranties, conditions and other terms of any kind, whether express or implied, including, but not limited to any implied term of merchantability, satisfactory quality, fitness for a particular purpose, and any term as to the provision of services to a standard of reasonable care and skill or as to non-infringement of any intellectual property right.

For limited personal and noncommercial uses, you are free to download our materials and share them with others as long as the materials are not altered in any way and are properly attributed to The Education Trust and, if applicable, a particular author.

(e) The board shall establish the information needed in an application for the approval of a charter school; provided that the application shall include, but not be limited to, a description of: (i) the mission, purpose, innovation and specialized focus of the proposed charter school; (ii) the innovative methods to be used in the charter school and how they differ from the district or districts from which the charter school is expected to enroll students; (iii) the organization of the school by ages of students or grades to be taught, an estimate of the total enrollment of the school and the district or districts from which the school will enroll students; (iv) the method for admission to the charter school; (v) the educational program, instructional methodology and services to be offered to students, including research on how the proposed program may improve the academic performance of the subgroups listed in the recruitment and retention plan; (vi) the school's capacity to address the particular needs of limited English - proficient students, if applicable, to learn English and learn content matter, including the employment of staff that meets the criteria established by the department; (vii) how the school shall involve parents as partners in the education of their children; (viii) the school governance and bylaws; (ix) a proposed arrangement or contract with an organization that shall manage or operate the school, including any proposed or agreed upon payments to such organization; (x) the financial plan for the operation of the school; (xi) the provision of school facilities and pupil transportation; (xii) the number and qualifications of teachers and administrators to be employed; (xiii) procedures for evaluation and professional development for teachers and administrators; (xiv) a statement of equal educational opportunity which shall state that charter schools shall be open to all students, on a space available basis, and shall not discriminate on the basis of race, color, national origin, creed, sex, gender identity, ethnicity, sexual orientation, mental or physical disability, age, ancestry, athletic performance, special need, proficiency in the English language or academic achievement; (xv) a student recruitment and retention plan, including deliberate, specific strategies the school will use to ensure the provision of equal educational opportunity as stated in clause (xiv) and to attract, enroll and retain a student population that, when compared to students in similar grades in schools from which the charter school is expected to enroll students, contains a comparable academic and demographic profile; and (xvi) plans for disseminating successes and innovations of the charter school to other non-charter public schools.

Nissan's New Vehicle Limited Warranty basic coverage excludes tires, powertrain coverage, corrosion coverage and federal and California emission performance and defect coverage (applicable coverage is provided under other separate warranties).

You can find the Kindle Terms of Use, Kindle Store Terms of Use, One - Year Limited Warranty, Customer Service contact information, and other applicable terms and Device information (including in other languages) at http://www.amazon.com/devicesupport.

Impermissible Uses.You understand that you may not: • modify, adapt or hack the Service or modify another website so as to falsely claim or imply that it is associated with the Service, AuthorMarketingClub.com, AMC, Author Marketing Club or any other AMC service; • reproduce, duplicate, copy, sell, resell or exploit any portion (including, without limitation, the contents of the AMC email or similar notification, the look and feel of the AMC website, and the contents of the web pages of the Service, use the Service or access the Service without the express written permission of Author Marketing Club; • verbally, physically, or otherwise abuse (including threats of abuse or retribution) any AMC member or AMC employee, agent or officer; • upload, post, host, or transmit unsolicited email, SMSs, or spam messages; • transmit worms or viruses or any code of a destructive nature; • as a Reader Member, utilize the information provided in a Query other than to provide a relevant response to a Specific Query posted by a Author Member; • violate any applicable federal, state or local laws or regulations; or, • plagiarize, violate or otherwise infringe upon the trademark, copyright, patent, trade secret, or any other rights of any person, firm or entity, expressly including but not limited to libel, slander or invasion of rights of privacy, publicity or «moral rights».

You agree that the Service (along with all text, code, graphics, sounds, screen shots, video clips, data, demos and content therein) and the Products are owned by Humble Bundle and / or its licensors, contain proprietary information and intellectual property rights that are owned by Humble Bundle and / or its licensors, and are protected by applicable U.S. and international intellectual property and other laws and conventions, including but not limited to copyright and trademark, and that you will not use such proprietary information or materials in any way whatsoever except for use of the Service in compliance with these Terms.

On ebooks The company offers libraries over 15,000 ebooks via SciVerse ScienceDirect, which has perpetual pick and choose with no limits on simultaneous access and volume discount where applicable (as well as purchase by single chapter, e-series subscription, and other options).

Typically, when a credit card company sends out pre-approved credit offers, they share with you all pertinent information, including interest rates, fees, APRs, limits, and other applicable information.

Although the underlying deposits are eligible for FDIC insurance, subject to applicable federal deposit insurance limits, the Units of the Bank Deposit Portfolio are not insured or guaranteed by the FDIC or any other government agency.

In determining the applicable insurance limits, the FDIC aggregates accounts held at the issuer, including those held through different broker - dealers or other intermediaries.

The cashout refinance Mortgage must comply with the applicable Loan - to - Value ratio limits and all other Freddie Mac requirements

These Terms and Conditions are supplemental to, and do not supersede or replace, any agreement with us pertaining to (a) the Account (including, but not limited to, Your Deposit Terms and Conditions, Account Information Statement, Funds Availability Disclosure and Electronic Funds Transfer Services, all as may be amended or restated from time to time); (b) any BancorpSouth checking or savings account which is a Source (including, but not limited to, Your Deposit Terms and Conditions, Account Information Statement, Funds Availability Disclosure and Electronic Funds Transfer Services, all as may be amended or restated from time to time); (c) any BancorpSouth line of credit which is a Source (including, but not limited to, the promissory note or other credit agreement which is applicable to the line of credit and the security agreements, if any, which secure payment of the line of credit); and (d) any BancorpSouth credit card which is a Source (including, but not limited to, the cardholder agreement which is applicable to the credit card as may be amended or restated from time to time).

HILTON HONORS PROVIDES THE HILTON HONORS PROGRAM, THESE AND OTHER MATERIALS, AND OTHER SERVICES AND PRODUCTS «AS - IS» AND, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EXPRESSLY DISCLAIMS ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DESIGN, ACCURACY, CAPABILITY, SUFFICIENCY, SUITABILITY, CAPACITY, COMPLETENESS OR AVAILABILITY.

From its inception date, the predecessor limited partnership was not subject to certain investment restrictions, diversification requirements and other restrictions of the 1940 Act of the Code, if they had been applicable, it might have adversely affected its performance.

2Although the underlying deposits are eligible for FDIC insurance, subject to applicable federal deposit insurance limits, the units of the Bank Deposit Portfolio are not insured or guaranteed by the FDIC or any other government agency.

If, through no fault of ours, you do not have enough money in your account to make the transfer, the transfer would go over the credit limit on your line of credit, if applicable, or if the funds in your account are subject to an administrative hold, legal process or other claim

The maximum annual loan limit to cover in - school expenses for each academic year (July 1 to June 30 of the applicable year) is determined by your school's cost of attendance, minus other financial aid such as federal student loans, scholarships or grants, up to $ 65,000 for the Custom Choice Loan or up to $ 95,000 for the Graduate Business Loan.

Without limiting our other rights under this Agreement, including our rights under the «Our Rights Upon Default» section, you agree that if you exceed your total Credit Limit or Cash Credit Limit at any time you will immediately pay us for the full amount of the excess over the total Credit Limit or Cash Credit Limit, as applicable.

You understand that to the extent permitted under applicable law, in no event will PROPERTY INVESTMENT SINGAPORE BLOG's owners, affiliated partners, agents, licensors be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of revenues, profits, goodwill, use, data or other intangible losses (even if such parties were advised or, knew of or should have known of the possibility of such damages), resulting from your use of this website and / or services.

Nothing in this agreement is intended to reduce, limit, or restrict any rights arising from fair use or other limitations on the exclusive rights of the copyright owner under copyright law or other applicable laws.

Mulcoy Travel does not accept any liability in contract or in tort for any personal injury, death, damage, loss, delay, additional expenses or inconvenience caused directly or indirectly by force majeure or other events which are beyond our control, including, but not limited to, war, civil disturbance, fire, criminal activity, floods, unusually severe weather, acts of Government or any authorities, accidents to or failure of machinery or equipment, or your failure to obtain a passport, visa or proper vaccinations or to comply with applicable laws and regulations.

All reservations are subject to change or cancellation if rooms become unavailable for reasons including, but not limited to, natural disasters or other acts of nature, damage to the property or maintenance problems, strikes, owner usage, sale of unit, changes in applicable law, or failure of other guests to vacate as scheduled.

VAA may at any time modify, withdraw, replace, amend or add to the Rewards, Participating Companies and / or other features of the Programme (such as but not limited to changes in rules regarding earning or redeeming Miles) and any charges applicable from time to time.

HILTON HONORS PROVIDES THE HILTON HONORS PROGRAM, THESE AND OTHER MATERIALS, AND OTHER SERVICES AND PRODUCTS «AS - IS» AND, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EXPRESSLY DISCLAIMS ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DESIGN, ACCURACY, CAPABILITY, SUFFICIENCY, SUITABILITY, CAPACITY, COMPLETENESS OR AVAILABILITY.

Fairmont provides the Program with these Terms and Conditions and other materials, services and products «as is» and, to the fullest extent permitted by applicable law, expressly disclaims any warranties of any kind, express or implied, including, but not limited to, warranties of merchant ability, fitness for a particular purpose, design, accuracy, capability, sufficiency, suitability, capacity, completeness or availability.

For the avoidance of doubt, Gross Revenues shall (A) exclude monies received from any source other than the sale of electric energy and capacity, including, without limitation, any of the following: (i) any federal, state, county or local tax benefits, grants or credits or allowances related to, derived from, or granted to the Wind Energy Project or Grantee, including, but not limited to, investment or production tax credits, or property or sales tax exemptions, (ii) proceeds from financing activities, sales, assignments, partial assignments, contracts (other than the power purchase agreement) or other dispositions of or related to the Wind Energy Project (such as damages for breach of contract or liquidated damages for delays in project completion or failures in equipment performance), (iii) amounts received as reimbursements or compensation for wheeling costs or other electricity transmission or delivery costs, and (iv) any proceeds received by Grantee as a result of damage or casualty to the Wind Energy Project, or any portion thereof and (B) include any revenues derived from Grantee's sale of carbon dioxide trading credits, renewable energy credits or certificates, emissions reduction credits, emissions allowances, green tags, tradable renewable credits, or Green - e ® products, any of which are allocated to Grantee, if applicable, through its participation in any voluntary registry, association or market - based exchange.

Although noting that the Supreme Court has held that «[w] hen several words are followed by a clause which is applicable as much to the first and other words as to the last, the natural construction of the language demands that the clause be read as applicable to all,» (Porto Rico Railway, Light & Power Co. v. Mor, 253 U.S. 345, 348 (1920)-RRB-, the Fifth Circuit still determined that «[t] he structure and language of § 2259 (b)(3) limit the phrase «suffered by the victim as a proximate result of the offense» in § 2259 (b)(3)(F) to the miscellaneous «other losses» contained in that subsection.

This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraud or fraudulent misrepresentation, nor any other liability which can not be excluded or limited under applicable law.

The ruling against the DOJ came from Judge Susan Carney, on grounds that the Stored Communications Act of 1986 limited warrant reach applicable beyond US jurisdiction; a factor that is crucial in maintaining positive relations with other countries.

Such acts may include, but are not limited to, execution of documents and assistance or cooperation (1) in the filing, prosecution, registration, and memorialization of assignment of any applicable patents, copyrights, mask work, or other applications, (2) in the enforcement of any applicable patents, copyrights, mask work, moral rights, trade secrets, or other proprietary rights, and (3) in other legal proceedings related to the Proprietary Information or Innovations.