Sentences with phrase «other contingencies in»

Coldwell Banker Village Green Realty v. Pillsworth (32 A.D. 3rd 568 [3rd Dept.]-RRB-- Order of the Supreme Court granting broker's motion for summary judgment affirmed; in the absence of an agreement to the contrary, the broker's right to a commission is not contingent upon performance of the underlying real estate contract, receipt by the seller of the sale price, transfer of title, or even a formal execution of a legally enforceable sales contract; seller could not utilize the provisions of a subsequently executed sales contract wherein seller agreed to pay broker's commission «if and when title closes» as a bootstrap to avoid her obligation to the broker under the clear and unambiguous provisions of the listing agreement as such language was contained in the contract of sale prepared by counsel and to which broker was not a party; provisions in listing agreement that seller would accept a binder or purchase contract contingent upon purchaser's ability to obtain conventional financing and provided any other contingencies in the binder or purchase agreement are acceptable to the seller speak only to the type of purchase offer that seller was obligated to accept and does not alter or otherwise qualify broker's right to a commission

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.

Given the stakes CEOs and other senior executives are wise to re-examine world markets, refresh their global business strategy and put contingency plans in place.

Until just a few years ago, a good disaster recovery plan included insuring your company against flood and disruption, backing up your data and storing it in a different location once a week, as well as developing a contingency plan for your employees to work from home, or some other location.

The other good strategy is just not even write no financing contingency in the offer, but to write «all cash,» and then get financing with the bank if you know they have agreed.

The emergence of Evangelical Catholicism is a Spirit - led development reflecting the cultural contingencies of history, like other such evolutions over the past two millennia: the evolution from the primitive Church to the Church of the Fathers; the evolution from patristic Catholicism to medieval Catholicism; the development of Counter-Reformation Catholicism (the Church in which anyone over sixty today was raised) from medieval Catholicism.

On the other hand the human mind can not establish itself in its finitude and contingency as the ultimate judge of reality.

In fact, with a view of time as negative, as source of mutability and contingency, some other way has to be found to explain time's origin in order to safeguard God's causality, by saying, e.g., that time is the measure of the degradation resulting from the fall, or that God created a metaphysical and finished universe through an instantaneous creation in which every species, was present from the beginning, instead of a world of becoming and growtIn fact, with a view of time as negative, as source of mutability and contingency, some other way has to be found to explain time's origin in order to safeguard God's causality, by saying, e.g., that time is the measure of the degradation resulting from the fall, or that God created a metaphysical and finished universe through an instantaneous creation in which every species, was present from the beginning, instead of a world of becoming and growtin order to safeguard God's causality, by saying, e.g., that time is the measure of the degradation resulting from the fall, or that God created a metaphysical and finished universe through an instantaneous creation in which every species, was present from the beginning, instead of a world of becoming and growtin which every species, was present from the beginning, instead of a world of becoming and growth.

By providing a narrative frame for the emergence and decay of philosophy's lexicon, Rorty and Vattimo intend to illustrate the contingency of that lexicon and the possibility of talking in other ways» for example, in the way that historicists talk.

So in other words, Russ, just because of naturechaplain's characterization of the Hebrew God, you assumed he was characterizing the Jews as naive to the point where you claim his opinion requires «two opposite contingencies».

In their view, books stressing contingency «offer a way forward, beyond the «old political history» and the new «social and cultural history» by a reunion of process and event,» In other words, what Individual people did — perhaps especially people who filled leading public posts — may be as genuinely significant as the ordinary forces acting upon ordinary people.

Niebuhr said that since man is involved in the contingencies and necessities of the natural process on the one hand, and since, on the other, he stands outside of them and foresees their caprices and perils, he is anxious.

But he also says that «nothing can possibly happen other than as providence has determined from all eternity» and that the idea that there is contingency in the world «is based solely on our not knowing all the causes which contribute to each effect.

This means that the inclusive whole of reality that we experience as strictly necessary in contrast to the radical contingency both of ourselves and of all others must also be distinctively dipolar in its essential structure.

Thus, that we can distinguish humans as a type from other types depends on the contingencies of our world, in particular that it came to be characterized by certain individuals and not others.

The quality of contingency in prophetism is more marked in other prophets, but it is implicit in Amos; and no prophet, not even Amos, can be interpreted as holding Yahweh's judgment upon Israel as the last word.

In addition I am in some ways closer to Aquinas than Alston and Martin are; for I agree with Aquinas that potentiality, contingency, change, and something like temporality go together, so that if any one of these applies to God the others do alsIn addition I am in some ways closer to Aquinas than Alston and Martin are; for I agree with Aquinas that potentiality, contingency, change, and something like temporality go together, so that if any one of these applies to God the others do alsin some ways closer to Aquinas than Alston and Martin are; for I agree with Aquinas that potentiality, contingency, change, and something like temporality go together, so that if any one of these applies to God the others do also.

The other Premier League clubs may not be willing to give up quite so easily, but they should at least ready contingency plans in the event that Reus does end up in Spain.

To prepare for the strike, which would start at 12:01 a.m. Sunday, Memorial Sloan Kettering Cancer Center and scores of other health facilities, banks, corporations and employers across the city are setting their contingency plans in motion.

He also acted as Deputy Chair of the Civil Contingencies Committee, supporting the Prime Minister, Home Secretary and other Ministers in their role as Chair and, in the event of any serious incident requiring central government coordination, acting as the Government's senior Crisis Manager.

There will be reforms to the planning and coordinating structures which deal with other threats, with a Civil Contingencies Secretariat set up in Cabinet Office.

But the budget also requires the health department to submit a report to the Legislature within the coming months detailing the impact the Basic Health Plan could have on other insurance products available on the state's health exchange, and to develop a «contingency» plan in the event the federal government, which will fund the majority of costs for the new BHP enrollees, decides to pull the plug on the program.

POUGHKEEPSIE — This afternoon, the Dutchess County Legislature's Public Safety Committee authorized $ 3.2 million to be taken out of the County's general contingency fund as well as out of general fund balance to pay for increasing costs relating to the Dutchess County Jail including overtime costs and inmates housed in other institutions.

Gould was among the most vocal in suggesting that other factors — such as historical contingency and architectural constraint — intervene in the possible outcome of evolution by natural selection.

In addition to finding vaccine candidates, «the most striking feature of N. meningitidis from a genome perspective is that there are more contingency genes than any other bacterium or organism studied so far,» says Hervé Tettelin, leader of the N. meningitidis sequencing project at TIGR.

In other words, if the board proposes a contingency budget (which we did) and the voters reject it (which they did), the board nevertheless has the authority simply to impose it.

Also contingency planning will take place to determine necessary actions in case systems can not be fixed or to deal with other difficulties that may arise.»

costs» means amounts substantially all of which are paid by, or for the account of, an obligor in connection with a project, including the cost of» (A) development phase activities, including planning, feasibility analysis, revenue forecasting, environmental review, permitting, preliminary engineering and design work, and other preconstruction activities;» (B) construction, reconstruction, rehabilitation, replacement, and acquisition of real property (including land relating to the project and improvements to land), environmental mitigation, construction contingencies, and acquisition of equipment; and» (C) capitalized interest necessary to meet market requirements, reasonably required reserve funds, capital issuance expenses, and other carrying costs during construction.»

Dell's failure with the Streak series also underscores the major issue that such manufacturers face when attempting to enter the marketplace with such a heavily commoditized platform such as Android without having a proper contingency plan in place, as the competition from other manufacturers left it scrambling to catch up while never really being able to grab a foothold in the marketplace; this was also evidenced by its awkward handling of its attempt to compete in the smartphone market again in the Venue series, with one Android model and one Windows Phone model.

The lock - in period should be long enough to allow for settlement, and any other contingencies imposed by the lender, before lock - in expires.

It is essential that you assess the total cost of taking a personal loan by factoring in various charges that the scheme may attract, such as processing fee, documentation charges, pre-payment charges, penalties in case of default, and any other chargeable contingencies.

«We understand the competitive nature of supply and demand,» said Steward, «Buyers are afraid that if they put in an offer contingent on the outcome of a home inspection, they may lose the home to three or four other bidders who are willing to take the risk of buying the home without that contingency.

any loss or injury caused, in whole or in part, by contingencies beyond their control in procuring, interpreting, compiling, writing, editing, reporting or delivering any information or other services through the Internet Services;

The Green Dot Partners will not be responsible for any delay, failure in performance or interruption of service, resulting directly or indirectly from acts of God, acts of civil or military authorities, civil disturbances, terrorism, wars, strikes or other labor disputes, fires, transportation contingencies, interruptions in telecommunications or Internet services or network provider services, failure of equipment and / or software, other catastrophes or any other occurrences which are beyond the Green Dot Partners» reasonable control.

Please review the following articles, websites, and videos to learn about estate planning, contingency plans, and other important legal considerations and their place in guaranteeing lifetime care for birds and other long - lived species.

Prior to responding to any actual incidents, sanctuary staff regularly engage in contingency planning activities with other responding agencies, participate in exercises and drills, and work to maintain sanctuary staff training and readiness.

The Hotel assumes that the clients have access to sources of protecting themselves against such contingencies like travel insurances and other, and they have already taken actions to protect themselves in this sense.

Despite the UK manager's confirmation, it should be noted that other territories might not have the same contingency process in place.

That idea of contingency and change in relation to others» decisions was always part of my desire for how to do this.

Given that the number of possible arrangements in a deck of cards is an «astronomically large number» (see above), the program will not run through all the possible combinations of musical notes during the lifespan of planet earth — assuming constancy of electrical power to the work and other contingencies.

Edward Lendner, who was director of climate issues in a previous White House administration, wrote last week: «In what would be the single most important contingency that could impact civil society in the United States and other nations around the world, there is no agreed upon plan for how to deal with a collapsing world in the distant future if climate change and global warming get out of control and mass migrations northward create chaos in both wealthy and poor countries.&raquin a previous White House administration, wrote last week: «In what would be the single most important contingency that could impact civil society in the United States and other nations around the world, there is no agreed upon plan for how to deal with a collapsing world in the distant future if climate change and global warming get out of control and mass migrations northward create chaos in both wealthy and poor countries.&raquIn what would be the single most important contingency that could impact civil society in the United States and other nations around the world, there is no agreed upon plan for how to deal with a collapsing world in the distant future if climate change and global warming get out of control and mass migrations northward create chaos in both wealthy and poor countries.&raquin the United States and other nations around the world, there is no agreed upon plan for how to deal with a collapsing world in the distant future if climate change and global warming get out of control and mass migrations northward create chaos in both wealthy and poor countries.&raquin the distant future if climate change and global warming get out of control and mass migrations northward create chaos in both wealthy and poor countries.&raquin both wealthy and poor countries.»

And while closing the power plants would have an affect on «generator deliverability,» or the ability for those regions to export power to others, PJM also noted that «transmission upgrades are required to preserve deliverability of all existing PJM capacity resources under various contingency conditions» — or, in other words, that investments are needed regardless of the closure plans.

Trial lawyers representing the cities — as well as six other California localities and New York City — stand to make billions of dollars in contingency fees should the court side with their clients.

No other contingency — e.g. potential variations in global temperature sensitivity to CO2, solar output, land use — were considered.

In other instances, an attorney might charge on a contingency basis for complex matters.

Unlike other corporate law firms, our business attorneys work on a contingency - fee basis, so we only receive a fee if we successfully obtain a recovery in your case.

Unlike issues in some other domains, legal problems are often «ill - structured»: (1) the place to begin to define the problem is usually not clear; (2) there often are many contingencies to take into...

In some cases, the lawyer can set an exact fee; in others, the attorney may charge on an hourly basis or on a contingency fee basiIn some cases, the lawyer can set an exact fee; in others, the attorney may charge on an hourly basis or on a contingency fee basiin others, the attorney may charge on an hourly basis or on a contingency fee basis.

Now there is a fledgling new entry in this field, and it is distinguishing itself from others by focusing exclusively on contingency fee cases involving injury -LSB-...]

(i) intended activities: eg, disclosure (if appropriate, showing comparative electronic and paper methodology), preparation of witness statements, obtaining experts» reports, mediation or any other steps which are deemed appropriate to the particular case; (ii) identifiable contingencies, eg, specific disclosure application or resisting applications made or threatened by an opponent; and (iii) disbursements, in particular court fees, counsel's fees and any mediator or expert fees.»